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HomeMy WebLinkAbout6.d. ATM Agreement4ROSEMOUNTEXECUTIVE SUMMARY CITY COUNCIL City Council Regular Meeting: February 17, 2015 ISSUE Parks and Recreation Department staff would like to add the service of having an ATM machine at the Rosemount Arena. Staff have talked with several ATM machine services providers and found that the providers have some different requirements for their machines. Some machines need phone lines, internet connection, access to electricity and the installation methods vary. Staff has found that we can best meet the needs of KJZ ATM Services. Their machine will have an internal cellular device for accessing data and will also use an existing electrical outlet at our facility. The installation includes bolting the cash machine to the floor. KJZ ATM services will charge a $2.00 service fee to the person using the machine for each transaction. They currently offer their services at the following local facilities: Shattuck St. Mary's Rink - Faribault Hastings Country Club Golf Course - Hastings Emerald Greens Golf Club - Rosemount Apple Valley American Legion Grand Stay Hotel in Apple Valley Seasons Restaurant at Apple Valley Lost Spur Golf Course - Eagan Moose Lodge - Inver Grove Heights Prime Rate Inn - Burnsville SUMMARY Staff is recommending the City Council consider approving the attached agreement that would allow KJZ ATM Services to install an ATM machine at the Rosemount Arena. AGENDA SECTION: AGENDA ITEM: ATM Agreement Consent PREPARED BY: Dan Schultz, Parks and Recreation AGENDA NO. Director 6.d. ATTACHMENTS: Proposed ATM Agreement APPROVED BY: ddj RECOMMENDED ACTION: Motion to approve the ATM Agreement with KJZ ATM Services to provide an ATM machine at the Rosemount Arena. ISSUE Parks and Recreation Department staff would like to add the service of having an ATM machine at the Rosemount Arena. Staff have talked with several ATM machine services providers and found that the providers have some different requirements for their machines. Some machines need phone lines, internet connection, access to electricity and the installation methods vary. Staff has found that we can best meet the needs of KJZ ATM Services. Their machine will have an internal cellular device for accessing data and will also use an existing electrical outlet at our facility. The installation includes bolting the cash machine to the floor. KJZ ATM services will charge a $2.00 service fee to the person using the machine for each transaction. They currently offer their services at the following local facilities: Shattuck St. Mary's Rink - Faribault Hastings Country Club Golf Course - Hastings Emerald Greens Golf Club - Rosemount Apple Valley American Legion Grand Stay Hotel in Apple Valley Seasons Restaurant at Apple Valley Lost Spur Golf Course - Eagan Moose Lodge - Inver Grove Heights Prime Rate Inn - Burnsville SUMMARY Staff is recommending the City Council consider approving the attached agreement that would allow KJZ ATM Services to install an ATM machine at the Rosemount Arena. ATM AGREEMENT This Agreement is made as of the day of , 2015, by and between the City of Rosemount, Minnesota, a Minnesota municipal corporation ("Cite, and KJZ ATM Services, a Limited Liability Corporation ("KJZ'). WITNESSETH: WHEREAS, KJZ wishes to place an automatic teller machine ("ATM') in the Rosemount Community Center ("Center'); and WHEREAS, the City is willing to allow KJZ to place an ATM in the Center for the convenience of its patrons, on the terms and conditions hereinafter set forth NOW, THEREFORE, on the basis of the premises, and the mutual covenants and agreements hereinafter set forth, the parties agree as follows: 1. KJZ will place an ATM in the Center by March 16, 2015. 2. Access to the ATM by KJZ and by the public will be available only during the hours that the Center is open for regular business. 3. The ATM will be installed in the upper Arena lobby on the wall west of the elevator. 4. The ATM shall be installed by KJZ in accordance with installation methods approved by the Parks and Recreation Director. 5. No compensation will be paid by either party to the other in connection with the use and placement of the ATM in the Center. 6. The City, its officers, agents and employees will not be responsible for any loss, theft, or damage to the ATM or its contents. KJZ will indemnify, defend, and hold harmless the City for any claims relating in any way to the presence, placement, use, operation, maintenance or malfunction of the ATM. 7. KJZ will be responsible for any damages by its officers, agents or employees caused to the Center by the installation, presence, operation, maintenance, and removal of the ATM. Upon removal of the ATM, KJZ will restore the site of the ATM in the Center in accordance with paragraph eight. 8. Upon removal of the ATM, KJZ will grind off the anchors at floor level so the floor can be retiled. 454346A RS215-7 9. No advertisement will be shown or displayed on the ATM other than a description of the service of the ATM itself. 10. This Agreement will remain in effect until terminated by either party. KJZ may remove the ATM at any time, whereupon this Agreement will be terminated. The obligations of paragraphs 6, 7 and 8 will survive termination of this Agreement 11. The City may terminate this Agreement at any time by giving ten days' written notice to KJZ. Notice will be given by United States Mail, and KJZ will remove the ATM and restore the premises in accordance with paragraph 8 within ten days of the City mailing such notice. 12. Notices when required by this Agreement shall be given in writing either personally served or sent by United States Mail to the following: City of Rosemount Attn: Dan Schultz, Director of Parks and Recreation 2875 145th St. W. Rosemount, MN 55068 KJZ ATM SERVICES LLC Attn: Tim Straley 8401 CEDARVIEW CIRCLE SAVAGE MN 55378 IN WITNESS WHEREOF, the parties hereto, by their authorized representatives have hereunto set their hands effective as of the date first stated above. CITY OF ROSEMOUNT By: Its Mayor And by: Its Clerk KJZ ATM SERVICES By: Its