02-1087Presented By:
Referred to:
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RESOLUTION
CITI' OF SAIN'f PAUL, MINNESOTA
COUNCILFILE#: OZ� �(,��'j
GREEN SHEET#: 203333
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Committee llate:
1 BE IT RESOLVED, that the City of Saint Paul, Pazks and Recrearion is authorized to enter into the attached agreement, which
2 mcludes an indemnificarion clause, witi� Rustad & Associates Inc. / Midwest ATM to opeiate and mamtam t�n�o exisnng AT'.VI
3 terminals on site at the Como Campus and to install and operate additional ATM machines on Gty premrses as requested by Parks and
4 Recreation. A copy of this agreement is to be kept on file and on record in the Office of Financial Services.
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Adopted by Council:
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Adoprion Cerhfied by Council Secxetary
Dtvision of Parks and Recreation
By: /J� /J'V'�Y�ll�l�7 /�� Oo'�C../
G.IFMIQ71JW31ResoNtions, AOs, Green SheetslResolufionsllndemnification C/ause xls Page� 7 of 1
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DEPARTMENT/OFFICE/COUNCIL on-reiNirinreo � GREEN SHEET NUMBER: 203333 O � ` �,i.
Parks and Recreation '11/5/2002
CONTACTPERSONANDPHONE �. INITIAIJDATE INITIAL/DAiE
, ASSIGN � 7 "�EPARTMENTDIRECTOR 4 CINCOUNCIL '
Liz Anderson 6-6410 NUMBER 2 qN ATTORNEY QiY CLERK
FOR ROUTM6 ,'
MUSTBEONCOUNCILAGENDABY(DATE): ORDER FINANCIALSERV�CESDIR. _O.F.S.-ACCOUNTING
i� 3 MAYOR (OR ASSISTANT) 5 OTHER: Pa�ks antl Recreation
ASAP —
TOTALNUMBEROFSIGNATUREPAGES: 'I CLIPALL�OCATIONSFORSIGNATUFE
ACTION REQUESTED: �
Approval of attached budget resolution authorizing Parks and ReCreation to enter into a contract, whicfi includes an indemnificaiio� clause,
with Rustad 8 Associates Inc. / Midwest ATM to operate and mainWin two existing ATM terminals on site at the Como Campus and to install
and ope2te addifional ATM machines on City premises as requested by Parks and Recreation �
RECOMMENDATtONS (AOP��e(A)orRejec[{R) PERSONALSERVICECONTRAGTSMUSTANSWERTHEFOLLOWINGQUESTIONS:
PLANNINGCOMMISSION CIVILSERVICECOMMISSION 1. HasihepereonKrtneverworkedunderconfi'aHforthisdepar6nent?
CIB COMMITTEE OTHER' ❑ Ye5 ❑ No
A STAFF O7HER. 2. Has tM1e pereonff�n ever been a city employee�
DISTRIGT COUNCiL 07HER: ❑ Yes ❑ No
3. Does Ne persoN(rtn possess a skill not mrmal POSSESSED by a cvrtent city employee�
❑ Yes ❑ NO
� Explain all yes answers on separate sneet antl attach to green sheet.
INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who. What, When. Where, Why): -
� As a convenience to park visitors, Parks and Recreation has instailed ATMs at the Como Campus site. This contract will be for operation and
�. maintenance of these ATMs, plus any additional ATMS that are requested.
ADVANTAGESIFAPPftOVED ' . �
Park visitors will have easy access to ATMS. , �
�lo v o � 2a�2
CI`f`f A�ORiVEY'
OISADVANTAGESIFAPPROVE�, � � � � '
Nooe RFL'EIV�D `
IdOU � 2 2002
DISADVANTAGESIFNOTAPPROVED: � � OI��{,��
Parks and Recreation will not be able to provide ATM service to our guests. - � '
TOTAL AMOUNT OF TRANSACTION �O.BO p0f TI'8f152CfI0f1 �. COST/REVENUE BUDGETED (Check One) ❑ Yes Q No
Furvoixc souxce: Rusfad / Midwest ATM , acrmn NuMSea: 380-33137 �
FINANCIAL WFORMATION (EXPLAM) "
G:IFMIQTWW31Resolubons. AOS. Green SheetslGreen Sheetsllntlemnification Greensheetxls Page' 1 0� f
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Agreement Between O Z-��� �
The City of Saint Paul and
Rustad & Associates Inc./ Midwest ATM
Processing through Access Cash international
THIS AGREEMENT, made and entered into this� day of c—�-�. , 2002
by and between the City of Saint Paul, Minnesota, a municipal corporation under the
laws of the State of Minnesota, hereinafter referred to as "City" and Rustad &
Associates Inc. / Midwest ATM, whose address is 329 South Owasso Boulevard,
Roseville, Minnesota, 55113, hereinafter referred to as "Rustad / Midwest ATM".
The City and Rustad / Midwest ATM, in consideration of the mutual terms and
conditions, promises, covenants and payments hereinafter set forth, agree as foilows:
SECTION 1: Scope of Services. Rustad / Midwest ATM agrees to operate and
maintain two existing ATM terminals on site at the Como Campus, one at the Como
Visitor Center, adjacent to the Zoo gift shop and one in the Fern Room at the Como
Conservatory, and to install and operate additional ATM machines on City premises as
requested by the City's Department of Parks and Ftecreation. The location and time
lines for any such additionai equipment shall be mutuaily agreed upon by the parties in
writing prior to the installation.
1. Rustad / Midwest ATM agrees to move the existing machines to alternate
locations designated by the City in the future, as may be needed to accommodate
planned construction activities at the Zoo. City agrees to give the Provider advance
written notice of at least ten (10) working days in the event that such move is necessary.
2. Rustad / Midwest ATM wiil provide weekly ATM service and cash
replenishment for the ATM before or after the normal Zoo and Conservatory buiiding
hours at such times and in such manner as may be mutually agreed to by the parties.
3. Rustad ! Midwest ATM will provide all point-of-sale material and ATM signage
to inform Como Park, Como Zoo and Como Conservatory visitors of the availability of
the machines.
4. Rustad / Midwest ATM will provide 24-hour a day, 7 days a week support and
maintenance of the ATM machines in order to handle any technical equipment
problems, malfunctioning, or errors.
5. Rustad / Midwest A7M wi{I charge ATM user $1.50 per transaction. This
transaction charge information will be displayed on the ATM machine in such a way that
it is easily visible and understandable to users.
SECTION 2: Term of Agreement. This Agreement shall be in effect for a
period of one year from the date entered into, and may be renewed for additional one-
year periods upon mutual agreement of the parties.
SECTION 3: Compensation and Reporting. Access Cash and Rustad /
Midwest ATM agrees to compensate the City in the amount of $.50 per cash withdrawal
p�.-�d��
("the residual") during the term of this Agreement. Rustad / Midwest ATM and Access
Cash will transmit to the City detailed monthly residual reports along with a residual
check on or about the 15�' of each month. All such reports and payments should be
directed to:
Patty Dee, Customer Service Supervisor
Como Zoo and Conservatory
1325 Aida Place
Saint Paul, MN 55103
SECTION 4: Responsibilities of the Parties.
A. The City will be responsible for providing a 110-voit outlet and electrical
usage for the operation of the terminals. The City has designated Patty Dee, Customer
Service Supervisor, as the contact person for this Agreement.
B. Rustad / Midwest ATM will be responsible for the telephone lines and phone
jacks for the operation of the terminals and for insuring that the equipment is maintained
with a minimum of disruption to normal to normal Zoo operations. Rustad / Midwest
ATM sha41 be responsible for any fees associated with licenses and(or permits
necessary to conduct its operations herein. Rustad / Midwest ATM has designated the
foilowing individuai as its contact person for this Agreement:
Dave Rustad
Rustad & Associates Inc. / Midwest ATM
329 South Owasso Bivd
Roseville, MN 55113
(612) 759-6465
SECTION 5: Hold Harmless. Rustad / Midwest A7M shail defend, indemnify
and hold harmless the City, its officers, agents and employees from all claims, actions
or suits of any type which result from any act or omission by a person employed by or
acting on behaif of Rustad / Midwest ATM in carrying out the terms of this Agreement.
SECTION 6: Insurance. During the term of this Agreement and any
subsequent renewai terms Rustad / Midwest ATM agrees to carry property insurance
for the terminals shall include: a) repiacement cost; and b) coverage for vandalism and
malicious mischief. Generai Liability Insurance shall be carried in amounts and limits
as follows: a) Bodily Injury -$1,000,000.00 each occurrence, $2,000,000.00 aggregate;
and b) Property Damage -$1,000,000.00 each accident and an Umbreila or Excess
Policy with limits of at least $1,000,000.00 each occurrence and $2,000,000.00
aggregate.
All policies under this provision shall be written on an occurrence basis unless
another form is determined to be acceptable to the City's Office of Risk Management.
Certificates of insurance must indicate if the policy is issued on a c4aims-made or
occurrence basis. Ail certificates of insurance shall provide that the City be given not
less than 30 days prior written notice of cancellation, non-renewal or any material
changes in the policy. Agent must state on the certificate if the policy inctudes errors
and omissions coverage.
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Insurance coverage must be continuous during the term of the Agreement and
there shall be no lapses in any of the insurance policies carried hereunder.
SECTION 7: Independent Contractor. It is agreed by the parties that Rustad /
Midwest ATM is an independent contractor fior the purposes of this Agreement, and that
nothing herein is intended to be construed as an employedemployee relationship or
joint venture befir✓een the parties. Provider is not entitled to any of the rights, privileges,
or benefits of City of Saint Paul employees.
SECTION 8: Compliance with Applicable Law. Rustad / Midwest ATM agrees
to comply with all applicable federal, state and local laws, regulations or standards
governing the services performed under this Agreement and to provide the City of Saint
Paul with evidence that ail required approvals and certificates are obtained and
maintained.
SECTION 9: Termination. Either party to this Agreement may terminate it, with
or without cause, by giving at least fifteen (15) days written notice of the intent to
terminate to the other party. In the event of termination, Rustad / Midwest ATM will be
responsible for transmitting payment for all residuals generated ug to the date of
termination, and shali assume any costs associated with the removal of the equipment
from City property.
SECTION 10: Amendment of Changes to Agreement. Any changes to this
Agreement must be authorized in advance, in writing, by the City. Any alteration,
amendments, modifications or changes to the provisions of this Agreement must be in
writing and signed by both parties.
SECTtON 11: Entire Agreement. It is understood and agreed that this
document is the entire Agreement between the parties and it shali supersede all prior
agreements and negotiations between the parties. This Agreement shall be construed
according to the laws of the State of Minnesota, and venue for any suit brought
hereunder shall be the district court of Ramsey County.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the
day and years first written above.
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CIT OF SAINT PAUL RUSTAD & ASSOCIATES INC. /