MCC Advisory Board Agenda 12-15-2003.2Board Members Present:
Board Members Absent:
Staff Members Present:
COMMUNITY CENTER ADVISORY BOARD
REGULAR MEETING MINUTES
DECEMBER 18, 2003 - 4:30 P.M.
ACADEMY ROOM
Harvey Kendall -Chair, Dick Quick -Vice Chair, Tom Neumann and Sandra
Theros
Bruce Thielen
Kitty Baltos-Director
1. Meeting called to order at 4:32 p.m. by Harvey Kendall, Chair.
2. MOTION by Dick Quick to approve the minutes from the November 20, 2003 regular Advisory
Board meeting, SECOND by Tom Neumann, MOTION PASSED.
3. Consideration of adding items to the agenda:
a. Mississippi Room Fence (Item 7.)
b. Financial Review through November 2003 (Item 8.)
0
Update Items:
Well-ness Program for the City of Monticello - Kitty Baltos reported to the Board that our
insurance agent said that no premium reduction would be available to the City for having a
well-ness program. Evidence has shown that well documented and used well-ness
programs do reduce the number of claims made to the insurance company which could be
used as a future negotiating item, however, there would be no guaranteed premium
reduction. The Board felt that this put a City employee Community Center membership on
a.
hold indefinitely.
5. Review trophy case design provided by Custom Cabinets. Kitty Baltos presented the plan
provided by Dale Theis of Custom Cabinets for two sections of trophy case. Their measurements
would be seven feet high and four feet wide each. They would have safety glass with a lock on the
top and a locking cabinet on the bottom for storage. Each unit would cost $1,675 or $3,350 plus
tax. The Board was please with the designed and the consensus was to order the cabinets after
Kitty Baltos reviewed some of Custom Cabinets previous work.
6. Discussion on locker room break-ins and possible proactive solutions before the "busy" season.
Kitty Baltos presented information on the two break-ins that happened that week and how the staff
and police handled the situation. Kitty spoke with the police to put in place deterrents to future
break-in. The Board was sorry to know that this was happening, however, felt that the burden was
on the patron to use the locking system available on every locker. As of this week, signs are
posted regarding the thefts and to lock lockers. Quarters are being made available to those who do
not have them. The staff is required to perform more frequent locker room checks. There were no
other suggestions from the Board beyond the current procedures.
7. Mississippi Room Fence - Kitty Baltos reported that the item was approved by the City Council,
however, it was removed from the consent agenda due to questions by one of the Council
members. The questions were satisfactorily answered and the motion was approved 4-1 by the
Council. MLC Construction was not able to get the underground work done before the snow fell
or will not be able to before the end of the year. Kitty Baltos requested that MLC make the this
project the first project in the Spring of 2004. Mike Cyr, MLC, did say that it would be.
8. Financial review through November 2003 - The City had not yet closed the books for November
so Kitty Baltos provided the information that is tracked internally by her staff. This included
passes sold for 2003 (1,014), visitors to the Community Center (95,820) and deposit revenues
through November ($654,269.25). All of this numbers exceed the number in 2002.
9. MOTION by Dick Quick to adjourn the meeting at 5:20 p.m., SECOND by Tom Neumann,
MOTION Passed and meeting adjourned.
REVENUE & EXPENSE STATEMENT 2003 - as of Dec. 31, 2003
2003
2003
FULL YEAR
YTD
REVENUE
BUDGET
ACTUAL
1
ROOM RENTAL
107,000
50,230.32
2
PARTY ROOM RENTAL
24,862.88
3
CONCESSIONS
70,000
66,455.87
4
USER FEES
70,500
60,693.74
5
MEMBERSHIPS/DAILY
400,000
417,468.13
6
PROGRAM FEES
52,000
50,419.08
7
OTHER SERVICES
17,000
12,419.85
8
INTEREST
1,950
0.00
9
EQUIPMENT RENTAL
4,000
480.08
10
CONTRIBUTIONS
3,000
0.00
11
SALE OF PROPERTY
0.00
500.00
12
MISC REVENUE
2,000
55.99
13
TOTAL REVENUE BEFORE TAXES
727,450
683,585.94
14
TAXES
894,945
863,643.26
15
TRANSFER FROM LIQUOR STORE
200,000
161
TOTAL REVENUE
1,822,395
1,547,229.20
EXPENSES:
17
SALARIES
538,500
525,159.65
18
EMPLOYEE TAXES / BENEFITS
108,130
103,301.21
19
PRINTED FORMS
750
1,679.72
20
OFFICE SUPPLIES
7,500
5,833.85
21
CLEANING SUPPLIES
9,500
12,674.22
22
CLOTHING SUPPLIES
7,000
4,896.86
23
CHEMICAL PRODUCTS
12,000
12,422.81
24
POOL MAINTENANCE SUPPLIES
2,500
4,547.62
25
GENERAL OPERATING SUPPLIES
18,000
27,822.60
26
EQUIPMENT REPAIR PARTS
3,400
3,658.99
27
BUILDING REPAIR PARTS
9,100
7,336.90
28
LANDSCAPING MATERIALS
0.00
498.04
29
MISC REPAIR & MAINT SUPPLIES
5,000
7,351.72
30
SMALL TOOLS & EQUIPMENT
4,000
7,221.15
31
T&E/FURNITURE
0
-1,120.00
32
T&E COMPUTER EQUIPMENT
0.00
3,818.03
33
COST OF GOODS SOLD
0.00
18.17
34
PROF SERVICE MGMT FEE
700
371.17
35
PROF SERVICE DATA PROCESS
4,400
3,841.25
36
PROF SERVICE-Software/Program
0
14,982.76
37
PROF SERVICE CUSTODIAL
500
2,025.69
38
PROF SERVICE LAUNDRY
3,000
2,669.30
39
PROF SERVICE BLDG / EQUIP
5,000
7,241.63
40
PROF SERVICE MAINT AGREE
101000
5,082.32
41
MISC PROF SERVICES
9,000
6,200.30
42
TELEPHONE
12,000
10,431.12
43
POSTAGE
1,000
163.13
44
CABLE/NETWORK SERVICES
2,200
1,809.54
45
TRAVEL EXPENSE
600
534.41
46
CONFERENCE & SCHOOLS
5,000
1,219.94
47
FREIGHT
300
0.00
48
ADVERTISING - GENERAL
28,000
36,022.23
49
GEN-L PUBLIC INFORMATION
2,000
0.00
50
BROCHURES
15,000
4,833.82
51
GEN'L LIABILITY INSURANCE
20,000
38,513.00
52
PROPERTY INSURANCE
5,420
6,434.00
53
MISC GENERAL INSURANCE
12,120
0.00
54
ELECTRIC
70,000
69,249.66
55
GAS
62,000
55,465.69
2002
YTD
ACTUAL
59,124.56
63,160.03
58, 730.90
353, 550.71
44,314.97
9,404.90
1,631.78
825.00
1,613.37
592,356.22
715,273.53
1,307,629.75
482, 960.94
98,609.81
413.23
6,955.72
11,817.35
6,130.35
9,155.23
19,674.68
3,435.23
4,174.87
133.13
7,002.03
3,104.34
108.93
313.89
20.001
425.00
2,525.33
10,703.27
2,494.63
2,631.50
13, 058.15
474.38
1,989.76
425.31
3,317.08
7.00
19,003.81
34.28
5,054.07
19,941.00
5.238,00
77,984.35
42,183.57
56
REPAIR & MAINT - BUILDING
5,000
4,558.56
57
REPAIR & MAINT -MACH/EQUIP
5,000
21,069.74
58
REPAIR & MAINT - OTHER
0.00
0.00
59
EQUIPMENT RENTAL
15,000
10,289.35
60
UNIFORM RENTAL
1,800
1,491.83
61
TOWEL RENTAL
750
1,002.33
62
DUES, MEMBERSHIP & SUBSCRIP
500
943.85
63
LICENSE & PERMITS
700
868.63
64
BANK CHARGES
4,000
4,942.94
65
MISC OTHER EXPENSES
1,500
177.81
66
IMPROVEMENTS
29,000
10,338.57
67
FURNITURE & FIXTURES
6,000
50.00
68
OFFICE EQUIPMENT
2,000
0.00
69
COMPUTER EQUIPMENT
2,500
0.00
70
OTHER EQUIPMENT
85,000
15,450.85
71
SUB TOTAL
1,152,370
1,065,396.96
72
ROOM RENTAL SUPPLIES
1,000
2,318.55
73
PROGRAM OFFICE SUPPLIES
500
0.00
74
CONCESSION STAND SUPPLIES
1,000
580.81
75
PARTY ROOM SUPPLIES
7,000
6,376.59
76
CLIMBING WALL SUPPLIES
500
141.56
77
FITNESS AREA SUPPLIES
5,000
4,972.44
78
GYMNASIUM SUPPLIES
500
118.50
79
INDOOR PLAY SUPPLIES
500
209.35
80
POOL SUPPLIES
2,200
1,191.07
81
WAREHOUSE SUPPLIES
500
439.82
82
WHEEL PARK SUPPLIES
700
230.99
83
GEN'L PROGRAM OPER SUPPLIES
5,500
4,246.23
84
CONCESSION FOOD SUPPLIES
50,000
43,592.03
85
PROF SERVICE - FITNESS
3,000
2,867.50
86
PROF SERVICE - PROG INSTRUCT
3,000
544.00
87
PROF SERVICE-GEN'L PROGRAM
4,500
2,539.57
88
PROGRAM ADVERTISING
7,000
4,703.99
89
EQUIPMENT RENTAL - PROGRAM
3,400
2,515.03
90
DUES,MEMBERSHIP & SUBSCRIP
0
0.00
91
PRIZES
1,000
943.96
92
TOTAL PROGRAM EXPENSES
96,800
78,531.99
93
TOTAL ALL EXPENSES
1,249,170
1,143,928.95
94
NET
-573,225
403,300.25
8,387.82
17,949.35
1,564.14
11,380.96
1,574.55
779.04
218.68
779.49
3,446.31
1,616.65
89, 307.32
5,661.04
2,231.18
37,422.62
1,043,819.37
1,335.47
106.24
715.55
6,570.99
913.21
6,277.83
494.86
232.54
2,872.66
188.65
309.58
4,441.75
46,291.03
330.00
2,044.60
2,263.34
12,678.65
1,930.85
30.00
1 90,027.801
1,133,847.17
1 173,782.581
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COMMUNITY CENTER AD VISOR Y BOARD MEETING
REGULAR MEETING AGENDA
JANUARY22, 2004 - 4:30 P.M. - ACADEMYROOM
Board Members: Harvey Kendall -Chair, Richa Quick -Vice Chair, Tom Neumann, e
Thielen and Sandra Theros
Staff Members: Kitty Baltos-Director
1. Call meeting to order �"•
2. Consideration of approving minu es from the December 18, 2003 regular Advisory Board
meeting. t
4�K' r
3. Consideration of adding items to the agenda
4,1 Update Items:
Fitness Area purchases
Trophy Case
? Consideration of appointing new committee Chair.
Review of 2003 financials and usage totals. ote'oocc).
7. Consideration of proposal for Automatic Teller Machine (ATM) from ATM Merchant
Services. .
8. Discussion of personnel policies for the community center for submission to the
personnel committee. W 6 & QQ, , d�-d t�
9. Adjourn
- 2S hx'S +c Ike '�tl5 �I &Lka
�
.0-11 W0,A* %0W
eA�-� P I-T-
C-._ t4i I 4zj 0-4 v 11 --
�a Ya-L� 41
Board Members Present:
Board Members Absent:
Staff Members Present:
COMMUNITY CENTER AD VISOR Y BOARD
REGULAR MEETING MINUTES
DECEMBER 18, 2003 - 4:30 P.M.
ACADEMY ROOM
Harvey Kendall -Chair, Dick Quick -Vice Chair, Tom Neumann and Sandra
Theros
Bruce Thielen
Kitty Baltos-Director
1. Meeting called to order at 4:32 p.m. by Harvey Kendall, Chair.
2. MOTION by Dick Quick to approve the minutes from the November 20, 2003 regular Advisory
Board meeting, SECOND by Tom Neumann, MOTION PASSED.
3. Consideration of adding items to the agenda:
a. Mississippi Room Fence (Item 7.)
b. Financial Review through November 2003 (Item 8.)
9
Update Items:
Well-ness Program for the City of Monticello - Kitty Baltos reported to the Board that our
insurance agent said that no premium reduction would be available to the City for having a
well-ness program. Evidence has shown that well documented and used well-ness
programs do reduce the number of claims made to the insurance company which could be
used as a future negotiating item, however, there would be no guaranteed premium
reduction. The Board felt that this put a City employee Community Center membership on
a.
hold indefinitely.
5. Review trophy case design provided by Custom Cabinets. Kitty Baltos presented the plan
provided by Dale Theis of Custom Cabinets for two sections of trophy case. Their measurements
would be seven feet high and four feet wide each. They would have safety glass with a lock on the
top and a locking cabinet on the bottom for storage. Each unit would cost $1,675 or $3,350 plus
tax. The Board was please with the designed and the consensus was to order the cabinets after
Kitty Baltos reviewed some of Custom Cabinets previous work.
6. Discussion on locker room break-ins and possible proactive solutions before the "busy" season.
Kitty Baltos presented information on the two break-ins that happened that week and how the staff
and police handled the situation. Kitty spoke with the police to put in place deterrents to future
break-in. The Board was sorry to know that this was happening, however, felt that the burden was
on the patron to use the locking system available on every locker. As of this week, signs are
posted regarding the thefts and to lock lockers. Quarters are being made available to those who do
not have them. The staff is required to perform more frequent locker room checks. There were no
other suggestions from the Board beyond the current procedures.
7. Mississippi Room Fence - Kitty Baltos reported that the item was approved by the City Council,
however, it was removed from the consent agenda due to questions by one of the Council
members. The questions were satisfactorily answered and the motion was approved 4-1 by the
Council. MLC Construction was not able to get the underground work done before the snow fell
or will not be able to before the end of the year. Kitty Baltos requested that MLC make the this
project the first project in the Spring of 2004. Mike Cyr, MLC, did say that it would be.
Financial review through November 2003 - The City had not yet closed the books for November
so Kitty Baltos provided the information that is tracked internally by her staff. This included
passes sold for 2003 (1,014), visitors to the Community Center (95,820) and deposit revenues
through November ($654,269.25). All of this numbers exceed the number in 2002.
9. MOTION by Dick Quick to adjourn the meeting at 5 :20 p.m., SECOND by Tom Neumann,
MOTION Passed and meeting adjourned.
REVENUE & EXPENSE STATEMENT 2003 - as of Dec. 31, 2003
2003
2003
FULL YEAR
YTD
REVENUE
BUDGET
ACTUAL
1
ROOM RENTAL
107,000
50,230.32
2
PARTY ROOM RENTAL
24,862.88
3
CONCESSIONS
70,000
66,455.87
4
USER FEES
70,500
60,693.74
5
MEMBERSHIPS/DAILY
400,000
417,468.13
6
PROGRAM FEES
52,000
50,419.08
7
OTHER SERVICES
17,000
12,419.85
8
INTEREST
1,950
0.00
9
EQUIPMENT RENTAL
4,000
480.08
10
CONTRIBUTIONS
3,000
0.00
11
SALE OF PROPERTY
0.00
500.00
12
MISC REVENUE
2,000
55.99
13
TOTAL REVENUE BEFORE TAXES
727,450
683,585.94
14
TAXES
894,945
863,643.26
15
TRANSFER FROM LIQUOR STORE
200,000
16
TOTAL REVENUE
1,822,395
1,547,229.20
EXPENSES:
17
SALARIES
538,500
525,159.65
18
EMPLOYEE TAXES / BENEFITS
108,130
103,301.21
19
PRINTED FORMS
750
1,679.72
20
OFFICE SUPPLIES
7,500
5,833.85
21
CLEANING SUPPLIES
9,500
12,674.22
22
CLOTHING SUPPLIES
7,000
4,896.86
23
CHEMICAL PRODUCTS
12,000
12,422.81
24
POOL MAINTENANCE SUPPLIES
2,500
4,547.62
25
GENERAL OPERATING SUPPLIES
18,000
27,822.60
26
EQUIPMENT REPAIR PARTS
3,400
3,658.99
27
BUILDING REPAIR PARTS
9,100
7,336.90
28
LANDSCAPING MATERIALS
0.00
498.04
29
MISC REPAIR & MAINT SUPPLIES
5,000
7,351.72
30
SMALL TOOLS & EQUIPMENT
4,000
7,221.15
31
T&E/FURNITURE
0
-1,120.00
32
T&E COMPUTER EQUIPMENT
0.00
3,818.03
33
COST OF GOODS SOLD
0.00
18.17
34
PROF SERVICE MGMT FEE
700
371.17
35
PROF SERVICE DATA PROCESS
4,400
3,841.25
36
PROF SERVICE-Software/Program
0
14,982.76
37
PROF SERVICE CUSTODIAL
500
2,025.69
38
PROF SERVICE LAUNDRY
3,000
2,669.30
39
PROF SERVICE BLDG / EQUIP
5,000
7,241.63
40
PROF SERVICE MAINT AGREE
10,000
5,082.32
41
MISC PROF SERVICES
9,000
6,200.30
42
TELEPHONE
12,000
10,431.12
43
POSTAGE
1,000
163.13
44
CABLE/NETWORK SERVICES
2,200
1,809.54
45
TRAVEL EXPENSE
600
534.41
46
CONFERENCE & SCHOOLS
5,000
1,219.94
47
FREIGHT
300
0.00
48
ADVERTISING - GENERAL
28,000
36,022.23
49
GEN'L PUBLIC INFORMATION
2,000
0.00
50
BROCHURES
15,000
4,833.82
51
GEN'L LIABILITY INSURANCE
20,000
38,513.00
52
PROPERTY INSURANCE
5,420
6,434.00
53
MISC GENERAL INSURANCE
12,120
0.00
54
ELECTRIC
70,000
69,249.66
55GAS
62,000
55,46569
2002
YTD
ACTUAL
59,124.56
63,160.03
58,730.90
353,550.71
44,314.97
9,404.90
1,631.78
825.00
1,613.37
592, 356.22
715,273.53
1,307,629.75
482, 960.94
98,609.81
413.23
6,955.72
11,817.35
6,130.35
9,155.23
19,674.68
3,435.23
4,174.87
133.13
7,002.03
3,104.34
108.93
313.89
20.001
425.00
2,525.33
10,703.27
2,494.63
2,631.50
13, 058.15
474.38
1,989.76
425.31
3,317.08
7.00
19,003.81
34.28
5,054.07
19,941.00
5,238.00
77, 984.35
421183.57
56
REPAIR & MAINT - BUILDING
5,000
4,558.56
57
REF -AIR & MAINT -MACH/EQUIP
5,000
21,069.74
58
REPAIR & MAINT - OTHER
0.00
0.00
59
EQUIPMENT RENTAL
15,000
10,289.35
60
UNIFORM RENTAL
1,800
1,491.83
61
TOWEL RENTAL
750
1,002.33
62
DUES, MEMBERSHIP & SUBSCRIP
500
943.85
63
LICENSE & PERMITS
700
868.63
64
BANK CHARGES
4,000
4,942.94
65
MISC OTHER EXPENSES
1,500
177.81
66
IMPROVEMENTS
29,000
10,338.57
67
FURNITURE & FIXTURES
6,000
50.00
68
OFFICE EQUIPMENT
2,000
0.00
69
COMPUTER EQUIPMENT
2,500
0.00
70
OTHER EQUIPMENT
85,000
15,450.85
71
SUB TOTAL
1,152,370
1,065,396.96
72
ROOM RENTAL SUPPLIES
1,000
2,318.55
73
PROGRAM OFFICE SUPPLIES
500
0.00
74
CONCESSION STAND SUPPLIES
1,000
580.81
75
PARTY ROOM SUPPLIES
7,000
6,376.59
76
CLIMBING WALL SUPPLIES
500
141.56
77
FITNESS AREA SUPPLIES
5,000
4,972.44
78
GYMNASIUM SUPPLIES
500
118.50
79
INDOOR PLAY SUPPLIES
500
209.35
80
POOL SUPPLIES
2,200
1,191.07
81 IWAREHOUSE
SUPPLIES
500
439.82
82
WHEEL PARK SUPPLIES
700
230.99
83
GEN'L PROGRAM OPER SUPPLIES
5,500
4,246.23
84
CONCESSION FOOD SUPPLIES
50,000
43,592.03
85
PROF SERVICE - FITNESS
3,000
2,867.50
86
PROF SERVICE - PROG INSTRUCT
3,000
544.00
87
PROF SERVICE-GEN'L PROGRAM
4,500
2,539.57
88
PROGRAM ADVERTISING
7,000
4,703.99
89
EQUIPMENT RENTAL - PROGRAM
3,400
2,515.03
90
DUES,MEMBERSHIP & SUBSCRIP
0
0.00
91
PRIZES
1,000
943.96
92
TOTAL PROGRAM EXPENSES
96,800
78,531.99
93
TOTAL ALL EXPENSES
1,249,170
1,143,928.95
941
NET
-573,2251
403,300.25
8,387.82
17,949.35
1,564.14
11, 380.96
1,574.55
779.04
218.68
779.49
3,1446.31
1,616.65
89,307.32
5,661.04
2,231.18
37,422.62
1,043,819.37
1,335.47
106.24
715.55
6,570.99
913.21
6,277.83
494.86
232.54
2,872.66
188.65
309.58
4,441.75
46,291.03
330.00
2,044.60
2,263.34
12,678.65
1,930.85
30.00
1 90.027.801
1,133,847.17
1 173,782.581
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MERCHANT SYSTEMS
April 30, 2003
Kitty Baltos
Monticello Community Center
505 Walnut St
Sweet Four, Min. 55362
Fax 763-271-7105
Tel 763-271-3268
Dear Kitty,
5160 South Eastern Avenue, Suite E, Las Vegas, NV 89119
Phone (702) 837-8787 Fax (702) 837-8770
Thank you for your request for ATM consideration, as you may know, because of your ATM inquiry, Wells Fargo Bank refereed
us. They consider the customer's needs to be their first priority and we continue to demonstrate positive results with their
customers.
ATM Merchant Systems combines over 38 years of banking experience and over 20 years of computer experience to provide
merchants with a plan that meets their needs. This starts with the placement of an ATM and continues with the service and
processing. We are bank sponsored and fully registered with regional and national networks. Our ATM technicians are factory
trained to provide the best in service.
We currently provide ATM service to over 2200 locations in the United States. Our customers are our best reference and you are
free to contact them to assure yourself of the quality of business we pride ourselves in. (Furnished upon request)
I know a major concern is to have a convenient, reliable, good-looking ATM for your Center. We can certainly provide this for you.
The cost of a Triton 9700 ATM ,freight, installation, complete programing for triple des encryption (for added security) ADA
compliant with full training and fully operational will cost $5,924.00 on a purchase. Lease payments for 60 months are factored at
$133.35 a month, plus tax should leasing become a consideration.
You will receive 103.3%ofthe surcharge fee for each surchargeable transaction based on a transaction fee of $1.50. The daily activity
is available to you via the internet displaying the number of transactions and the dollar amount dispensed to assist you in cash
management. Our assistance line is available 24/7, toll fee to aid you with any possible service concerns.
We recommend for the highest return you provide the cash for the ATM we, however, offer cash provision which includes: cash @
prime + 2%, a monthly management fee, armored car and insurance. Typically vault cash runs approx. $300.00 to $350.00 per
month, commensurately higher over 400 transactions.
I have included a cost income estimate and a picture of the ATM with this fax and I will call you Friday to make sure you have
received the fax and answer any questions you may have.
Regards,
Charles Cimino
Sales Manager
ATM Merchant Systems
. . ..... .. ..... . .... . . ...
MERCHANT SYSTEMS
January 9, 2004
Kitty Baltos
Monticello Community Center
505 Walnut St
Sweet Four, Min 55362
Dear Kitty,
Las Ve
Phone (702) 837-8787 Fax (702) 837-8770
Very nice to hear from you again, and I'm glad everything is going well. I've included the Merchant
Acceptance Agreement (only partially filled out), an invoice and a return envelop. You must mail back
the signed contract, both pages, please don't forget to initial the second page. The process can be speeded
up by faxing copies of the signed contract and voided check. We will begin the process when we receive
the fax, but still need the original signature for our records.
If you fax the contracts prior to mailing, you will not need to mail an additional copy of the voided check.
Kitty the voided check is to tell us what account you want to use for your ATM.
Additionally a dedicated phone line (up and running) along with a working standard electrical power
outlet must be in place before installation can take place.
Complete training will take place during installation and when the installers call they will schedule to
your convenience.
I look forward to adding you to our family of ATM's and will be available if you ever have any questions
or concerns about your ATM.
Sincerely:
Charles Cimino
Sales Manager
ATM Merchant Systems
AT--M
Merchant Acceptance
Agreement
MERCHANT SYSTEMS
Date:
New merchant Additional location to existing merchant Change of owners
BUSINESS INFORMATION
L 3ss Name
D.B.A. Y N Corporate Name (If Different)
Store #
. L L
7-,
Equipment Location Address (Attach Additional)
Locations)
Corporate/Billing Address
3
¢5d.� � �L/VT Cl e (tC4-
City Nkc�� 1-1
State, Zip
City
State, Zip
Telephone #
Fax #
Contact Name
Federal Tax ID
76 d-7 / 'Jd-46 cr?
76 3 , o2-7 1.7 t C► 5
Type of Business ❑ Sole Proprietorship Corporation Franchise Fj Partnership El LLC
(Describe)
Bank Name: (ATTACH A VOIDED CHECK BELOW) Routing Number (nine digits)
Account Number
Surcharge: Merchant Rebate for surchargeable cash transactions, paid monthly, less any adjustments for Chargebacks, pass through fees and expenses where
ppli able:
Other: Accounting fee and network access is $15.00 per month. Additional fees for ATM scrip: $50.00 registration.
Equipment provided at location:
Z�"J-�2 /J-o lq7CIa
The undersigned hereby acknowledge that the Equipment is provided by and is owned, with all rights, title and interest, by:
Nr Merchant
C :ventory will be provided by:
[X Merchant ❑ ATM Merchant Systems at a rate of
Vault cash rates may change with a thirty (30) day notice according to allocated costs. Merchant may elect to provide vault cash with a thirty (30) day notice.
Merchant agrees to accept surcharge free cards at this location 'Yes No
AUTHORIZATION
I certify that I am authorized to execute this Agreement for the business named above, and that all information and documents submitted are true, correct and
statements or other data obtained from me or any other person pertaining to credit and financial responsibility. I also authorize ATM Merchant Systems and/or its
this Agreement.
Signature (For Merchant) Title
Name (Print) Date
Witness Signature Witness Name (Print) Telephone #
Accvte By (For Company) Title
tkl
YJ J . ell
Name (Print) Date
a '
Attach Voided Check
(No Deposit Slips)
Page 1 of 2. R10.03.03
AUTOMATED TELLER MACHINE and ATM SCRIP PROCESSING AGREEMENT
THIS processing agreement (the "Agreement") is made by and between ATM Merchant Systems (the "Company'), located at 5160 S. Eastern Ave., Las Vegas, NV 89119 and the business
whose name and ac+diess are above (the "Merchant"), (together the "Parties").
A. This Agreement provides for automated teller machine(s)and ATM scrip machine(s), ("ATM(s)") on real property (the "Property") generally located at the address above to have access
to the ATM networks available in this region and nationally (the "Networks"). Company has contracted with a national third -party processor or processors (the "Processor'), the Networks and
a bank or banks (the "Settlement Bank") to act as a Networks -sponsoring bank for Company. Company, Processor, Networks and Settlement Bank will facilitate the ATM processing and the transfer
of funds received from the Networks as a result of Merchant's ATM transaction activity.
B. Merchant desires that Company shall provide the ATM transaction processing services (the "SERVICE").
Company desires to provide the SERVICE.
I THEREFORE, in consideration of the mutual covenants set forth below, and other valuable considerations which Parties acknowledge to be sufficient, Parties agree as follows:
1. ATM Fees and REBATE.
a. Company shall receive all ATM fees, including, but not limited to, surcharge fees.
b. Company shall give Merchant a monthly rebate based on the number of surchargeable cash transactions at the ATM(s) during each calendar month (the "Rebate"). The Rebate
will be paid within 20 days of the end of each said month. In the event that certain Electronic Benefits Transfers (EBT) or other transactions pay processing fees at a rate less than Cirrus or Plus
rates as of the date and year first above written, the REBATE for these transactions will be paid minus said difference. Company shall process transactions using, in its determination, the most
appropriate method. In the event the current processing is no longer available, Company will determine the best alternative and the rebate may change accordingly.
2. Term. The term of this Agreement shall commence on the day Agreement is accepted by Company or processing starts, whichever is later, and it shall continue in force for a period
of sixty (60) months, thereafter (the "PRIMARY TERM"). Either Party shall haveone (1) option to renew this AGREEMENT for a sixty (60) month period. Notwithstanding the foregoing sentence,
if neither party notifies the other party at least sixty (60) days prior to the end of the PRIMARY TERM, or any RENEWAL TERM then in effect, that the notifying party wishes to terminate this Agreement,
the term of this Agreement will be automatically extended for a period of sixty (60) months upon the same terms as stated herein. If either party wishes to renegotiate any partof the Agreement,
said party must notify the other party at least sixty (60) days prior to the end of the PRIMARY TERM or any RENEWAL TERM then in effect. In the event that Merchant decides to make an agreement
at the completion of this agreement with another ATM service provider, Company shall have first right of refusal to match the terms of any new agreement. Merchant's liability for any discount
charges, expenses, fees and chargebacks as of the date of termination shall survive such termination, as will Company's liability for payment of Rebate to Merchant. Company may terminate this
Agreement immediately in the event Merchant has failed to fulfill any of its obligations or, in the Company's determination, due to vandalism or lack of profitability.
3. Obligations of Parties.
a. Merchant will pay for, provide and allow Company access to all utility services required for the ATM(s), including, but not limited to, telephone and electrical service.
b. ATM Owner shall keep all equipment in working order.
c. Merchant shall allow the proper display of all Networks -required signs.
d. Merchant shall not complete any transaction and Company shall not be liable for the settlement of any transaction which did notresult from the proper use of a Qualified Card and
for which the bank issuing the Qualified Card did not respond with an authorization number for the transaction.
e. All transactions utilizing a Qualified Card shall be the result of the Qualified Card being swiped through the ATM terminal(s) and the customer having entered his Personal Identification
Number ("PIN"). The Merchant shall allow only the customer to enter any Secret Code, PIN or other such number. In no event shall Merchant or any other third party have access to or enter on
behalf of the customer, any such PIN.
f. A Qualified Card may be used at Property for cash to be dispensed without Merchant requiring a retail purchase as a condition for the transaction.
g, Parties agree that each will use its best efforts to comply with all applicable Federal, State, and local laws, regulations and ordinances and of any provider, Processor or affiliated
service under this Agreement being utilized in connection with any transaction utilizing a Qualified Card. Parties agree to indemnify and hold each other harmless from and against any and all liability,
loss, costs, damages, attorney fees and expenses of whatever kind or naturewhich either may sustain by reason or consequence of either's failure to comply with such laws, rules, regulations or
ordinances. In the event that any Banking ATM Network or other entity having jurisdiction over any transaction involving a Qualified Card requires the Agreement between Company and Merchant
be modified or amended, Company shall give Merchant written notice specifying the exact language of such required modification and such modification shall be effectiveimmediately. In the event
ATM fees, regulations or determinations that any Banking ATM Networks, or Processor or other entities that havejurisdictionor control, change the structure contributing to the rebate, said change
may change Rebate amounts.
h. Merchant understands that Company can not be held responsible for any Network or processing problems. However Company will try to resolve any such problems.
i. If Merchant provides vault cash, Merchant shall balance the ATM (s) and notify Company of any error in the event that a charged back needs to be initiated. Merchant shall retain
proper journal receipts needed as proof of balancing to the Networks in the event that a customer disputes a transaction.
j. Company shall reprogram ATM software as needed for network processing. Merchant shall assist Company in said reprogramming when necessary.
k. Company shall provide the SERVICE to Merchant continually throughout the term of this Agreement, subject to the provisions of this Agreement.
I. If Company provides ATM, Merchant agrees to suspend CASH BACK transactions to its customers from its POS terminals during the term of this Agreement, with the exception
of the ATM machine is not working due to any reason or out of cash. In this event, Merchant may use its cash back system until such time as the ATM is back in service.
m. The ATM shall be located in an area that is mutually agreed to by both Parties and Merchant shall provide reasonable physical security for the ATM(s).
n. Merchant shall immediately notify Company should the ATM cease to function.
4. ATM Signage. Merchant hereby authorizes Company to place a required signor signs on the Property which state the fee notice, ATM evidence operating instructions, identity of
ownership of the ATM(s) and the Networks to which the ATM(s) afford(s) access. The form and content of the sign(s) and the location for the installation of the sign(s) shall be subject to the Rules.
Company reserves the right to place advertising on the ATM(s). Any revenue from said advertising shall be shared with Merchant.
5. Binding Effect, Successors and Assignments. This Agreement is binding on the Parties and their respective executors, administrators, successors and assigns. Parties shall
extend to and bind said executors, administrators, successors and assigns, to the extent allowed by this Agreement, all rights and liabilities herein given to, or imposed upon.
6. Construction of Agreement Provisions. If a courtof competentjurisdictionor an arbitrationbody, as the case maybe, determines that any provision of this Agreement is invalid,
that determination shall not affect any other provision of this Agreement, which shall remain in full force and effect. If a provision is ambiguous and one interpretation would render the provision void,
the provision shall be construed to have the meaning which renders it valid.
7. Notice.
a. Notice and other communications given under this Agreement shall be in writing, sent by United States registered or certified mail, postage prepaid and returnreceipt requested,
to Parties at respective above addresses or at an address supplied by one party to the other pursuant to this paragraph.
b. Every notice shall be deemed given on the third business day from the time it is deposited in the United States mails in the manner described.
8. Attornev's Fees. In theeventthatatany timeduring theterm of this Agreement either Merchant or Company shall institute any action or proceeding against the other relating to the
provisions of this Agreement, or any default hereunder, then and in that event, the nonprevailing party in such action or proceeding agrees to reimburse the prevailing party for the reasonable
attorney's fees incurred therein by the prevailing party.
9 Final Written Agreement. This Agreement supersedes any prior written or oral agreements, negotiations or understandings between Parties for an automated teller machine
processing agreementfor Property. This Agreement shall not be altered, modified, changed or amended and no waiver of any of the terms, conditions or provisions hereof shall be valid and binding,
except by a writing making reference hereto, signed by a duly authorized representative of the party to be bound by such modification or waiver.
10. Force Maieure. Each PARTY shall be excused from performance, and shall have no liability, for any period and to the extent that such party is prevented, hindered or delayed from
performing any services or other obligations under this Agreement, in whole or in part, as a result of acts, omissions or events beyond the reasonable control of such party, including by way of
illustration and not limitation, acts or omissions of the other parry, third party nonperformance, failure or malfunction of ATM, computer or telecommunications hardware, equipment or software,
breach or other nonperformance by vendors and suppliers, strikes or labor disputes, riots, war, fire, acts of God or government or network regulations.
11. Compliance with Laws. Each PARTY will perform its obligations under this Agreement in strict compliance with all applicable laws, orders or regulations of all appropriatejurisdictions
and Networks.
12. Captions. The captions set forth herein are inserted solely for ease and convenience of reference and are not intended to provide a basis for construction and interpretation.
13. Exclusivity, Other than the ATM processing being provided by Company during the term of this Agreement, Merchant shall not allow any other ATM processing for the Property.
Phis Agreement shall bean exclusiveAgreement for the Property by and between Company and Merchant during its entire term. Inconsideration for the exclusivity provided under this Agreement,
�ompany agrees to pay the Rebate as above.
14. Disclaimer. Merchant acknowledges that Company cannot guarantee any net profit amounts, if any, and that ATM activity maybe altered by court decision or any Network, federal,
state or local laws, ordinances or regulations. Any ownership costs presented by Company are estimates and do not represent any guarantee of actual profits or costs.
15. Cash Inventory.
a. The Party designated above shall supply the cash inventory for the ATM. Said Party shall contract for transport and placement of the cash inventory for the ATM at its own expense.
b. The Party not supplying the cash inventory hereby acknowledges and attests to the fact that such cash inventory is not provided by them and hereby acknowledges and agrees
sat ow have no claim, nor shall present a claim in the future, to any ownership of, or interest in, such cash inventory.
c. If the party supplying the cash inventory charges for said service, said party may increase rates if it incurs additional costs for this service
iVrTi A Z, s
Page 2 of 2, R10.03.03