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02-1087Presented By: Referred to: < RESOLUTION CITI' OF SAIN'f PAUL, MINNESOTA COUNCILFILE#: OZ� �(,��'j GREEN SHEET#: 203333 a� 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. � 6 7 8 9 10 11 12 li 14 , 15 16 17 18 19 Adopted by Council: 1� -. 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 __ .� � � . � 5'� }� 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 F � � 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. � �. ►�� 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. � CIT OF SAINT PAUL RUSTAD & ASSOCIATES INC. /