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HomeMy WebLinkAbout6.e. RCC ATM agreement EXECUTIVE SUMMARY City Council Regular Meeting: October 3, 2017 AGENDA ITEM: ATM Agreement AGENDA SECTION: Consent PREPARED BY: Dan Schultz, Parks and Recreation Director AGENDA NO. 6.e. ATTACHMENTS: Proposed ATM Agreement APPROVED BY: LJM RECOMMENDED ACTION: Motion to approve the ATM Agreement with Payment Alliance International to provide an ATM machine at the Rosemount Arena. ISSUE Parks and Recreation Department staff would like to continue to have the service of offering an ATM machine at the Rosemount Arena. This is not a money making venture for the City, but rather a service that staff feels is nice to offer to our visitors. Our previous provider did not keep up with maintaining their machine and it often did not have money in it. They agreed to remove their machine this past summer. Staff have talked with ATM machine service 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 the best fit for our building is Payment Alliance International. Their machine will have an internal cellular device for accessing data and will also use an existing electrical outlet at our facility. Payment Alliance International will charge a $2.75 service fee to the person using the machine for each transaction. They currently offer their services at several locations in Bloomington, Burnsville Lakeville, Eagan and Farmington. SUMMARY Staff is recommending the City Council consider approving the attached agreement that would allow Payment Alliance International to install an ATM machine at the Rosemount Arena. 2 ATM AGREEMENT This Agreement is made as of the ___ day of ____________, 2017, by and between the City of Rosemount, Minnesota, a Minnesota municipal corporation (“City”), and Lisa Roberts, a Market Partner and Employee for Payment Alliance International (“MP”). WITNESSETH: WHEREAS, MP wishes to place an automatic teller machine (“ATM”) in the Rosemount Community Center (“Center”); and WHEREAS, the City is willing to allow MP 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. MP will place an ATM in the Center by a date agreed to by the City and MP. 2. Access to the ATM by MP 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 MP 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. MP 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. MP 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, MP will restore the site of the ATM in the Center in accordance with paragraph eight. 8. Upon removal of the ATM, MP will grind off the anchors at floor level so the floor can be retiled. 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. MP 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 3 11. The City may terminate this Agreement at any time by giving ten days’ written notice to MP. Notice will be given by United States Mail, and MP 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 Payment Alliance International Attn: Lisa Roberts 1301 Cliff Road E. Suite 108 Eagan, MN 55337 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 Payment Alliance International By: Its