10.3 SR 10-03-2022Workshop Item
To
Item Number
Mayor and Council
10.3
Agenda Section
Meeting Date
Prepared by
Work session
October 3, 2022
Tim Dalton, FTCENTER Superintendent
Item Description
Reviewed by
Discus direction and options for catering
Cal Portner, City Administrator
Reviewed by
services at the Furniture and Things
Community Event Center
Action Requested
Review options for a Catering Policy, Caterer Approval Process and Food Service Contracts at the Furniture and
Things Community Event Center and provide staff direction.
Background/Discussion
Serrano Brothers Catering has indicated that they are no longer interested in maintaining and executing the
existing exclusive agreement for concessions and catering at the Furniture and Things Community Event Center.
Staff has reached out to neighboring communities regarding their catering agreements. They will review the types
of agreements and get direction from Council regarding the requirements for the agreements.
Financial Impact
Development of catering policy will impact revenue collected from events featuring food service at the Furniture
and Things Community Event Center.
Mission/Policy/Goal
Provide effective, high quality, affordable, food service options for patrons at the Furniture and Things
Community Event Center.
Attachments
• Plymouth Agreement for Catering Service
• Catering Agreement 2022 (Maple Grove)
• Catering Application Checklist (Maple Grove)
• Catering Application (Maple Grove)
• Lookout Catering — Liquor Agreement 12.01.2015 (Maple Grove)
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires pi ospei ly.
M
TUREJ
Updated.• August 2020
AGREEMENT FOR CATERING SERVICE
THIS AGREEMENT, made and entered into this _27 h day of. March, 2018, by and between the
CITY OF PLYMOUTH, a political subdivision (hereinafter referred to as "City") and
(hereinafter referred to as "CATERER")
RECITALS
1. CATERER represents that it is a Minnesota corporation in good standing with the State of
Minnesota; and its agents, representatives and employees have the necessary education, training,
experience, certification, and licensing for purposes of servicing and performing this Catering Agreement
with the City.
2. The City owns and operates the Plymouth Creek Center ("PCC") which includes a 350-seat
banquet room dividable into one space seating 168 and two spaces seating 72, three classrooms and a lounge
each with seating for 50 persons, and a theater that seats up to 150. The PCC has an adjoining catering
kitchen, deck area, and related amenities.
3. The PCC Community Rooms will be marketed to host meetings, business groups, weddings,
special events, team parties, corporate gatherings, and other large community activities.
4. The City desires to have CATERER as one of four food and beverage caterers to perform the
food and beverage and related catering services at the PCC. It is understood that CATERER is willing and
able to provide these services.
In consideration of the mutual promises set forth herein, it is agreed by and between the City and
CATERER as follows:
SECTION I
CATERER DUTIES AND RESPONSIBILITIES
CATERER shall perform catering services at the PCC as follows:
(a) CATERER shall provide clients with price lists and menu selections to accommodate their needs
for events held at the PCC that require food and beverage.
(b) CATERER agrees to meet with prospective PCC clients to agree upon menus and fees for particular
events and return all client phone calls and emails within one business day;
(c) CATERER agrees to provide adequate professional staff to meet the demands of the PCC client at
each and every catered event they host, including bartenders, servers, food preparers, and event
captains. This includes having a minimum of one catering staff person during the event and after
meal service to guarantee room cleanup and removal of catering supplies unless otherwise approved
by the PCC Manager;
(d) CATERER agrees to meet all local, state, federal health regulations, codes, rules, and laws
concerning food and beverage service;
(e) CATERER agrees to provide the City with a copy of its on -sale Liquor License and Caterer's Permit
issued by the State of Minnesota Commissioner of Public Safety prior to performance of catering
services under this Agreement and annually.
(f) CATERER agrees to provide tastings for PCC clients;
(g) CATERER shall participate in the sales and marketing of catering services at PCC as well as
participate in 2-3 bridal expos held at the PCC per year to promote the facility and catering services;
(h) CATERER shall provide all food and beverages necessary for each event they host;
(i) CATERER shall restrict all food preparation to the kitchen area and not use any other areas without
prior approval from the PCC Manager;
(j) CATERER shall keep kitchen, all food preparation areas, and bar areas clean (including counters
wiped off and floors mopped) and shall provide all necessary cleaning products;
(k) CATERER shall assist with cleaning of Community Rooms in connection with catered events
(including clearing of all tables, tablecloths and skirting);
(1) CATERER shall remove all catering equipment from PCC premises within one (1) hour of the
conclusion of the event. A storage fee of $50.00 per day will be charged for every day after unless
prior written approval has been obtained. The PCC is not responsible for any items left by the
CATERER. Storage space is limited and available only by permission of the PCC Manager on a per
event basis;
(m) CATERER shall comply with all procedures and policies set by PCC pertaining to the catering
services provided at the PCC;
(n) CATERER shall provide any additional food preparation equipment not currently located -in the
PCC kitchen and all necessary serving utensils, including plates, glassware, silverware, pots, pans
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and linens at their own expense. CATERER will retain all additional equipment purchased or added
to the facility upon termination of this agreement;
(o) CATERER shall properly secure all property stored at the PCC and shall be solely responsible for
such property including lost, damaged, or stolen items;
(p) CATERER shall provide beverages consistent with the terms under any City master contract for
beverage service;
(q) CATERER shall serve alcoholic beverages only within Community Rooms and shall prohibit clients
and their guests from removing alcoholic beverages from Community Rooms and adjoining deck
area. CATERER also shall provide wine and/or champagne in the Millennium Garden as requested
and restrict consumption to that area;
(r) CATERER agrees to provide up to six to eight events annually with at cost pricing for food and
beverage plus tax and service for City related functions to be approved by the PCC Manager. The
City will not receive a rebate for these events.
SECTION II
LOCATION OF SERVICES
It is understood that CATERER services will be rendered at the Plymouth Creek Center, 14800 34 h
Avenue North, Plymouth, Minnesota, 55447.
SECTION III
EXCLUSIVITY
The City agrees to restrict the catering services provided at the PCC to CATERER and up to three
other exclusive caterers for the events held at the PCC, except for clients exempted by the City including
recreation programs.
If The City receives a request for food services that all four caterers agree they cannot fulfill, The
City reserves the right to allow an exception to a licensed caterer.
SECTION IV
PCC RESPONSIBLITIES
A. The City agrees to provide the following:
1. Community Rooms;
2. Kitchen facilities (at least for the day of the event);
3. CATERER'S contact information to all clients needing food and/or beverage;
4. Utilities;
5. Basic custodial services for set-up and clearing the room;
6. One portable bar;
7. Tables and chairs for the Community Rooms;
8. Ice machine;
9. Maintenance and support as determined by the City.
10. The kitchen other rooms and facilities may not be available at certain times due to
construction, remodeling or making repairs.
B. The City and CATERER jointly shall be responsible for the financial control of all catered events
under this Agreement.
1. At the time a reservation for a catered event is made, a CATERER representative will
document the details of services required and contact the PCC rental coordinator to confirm
the booking;
2. PCC representatives will collect all room deposits, room rental fees, and security fees, and
CATERER will collect all catering charges;
3. On -sale beverage fees shall be collected by CATERER staff when each sale is made at the
bar. CATERER staff will run tapes to close out and balance each cash register at the end of
each event. CATERER will be responsible for the safekeeping of all money from on -sale
beverage service.
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SECTION V
PAYMENT
The City's percentage of the revenues generated through catering services provided by CATERER
will be based on the following formulas:
1. 8% of all charges, excluding bar sales, for services by Caterer for events scheduled Monday
through Friday, 6:00 a.m. to 5:00 p.m.
2. 15% of all charges, excluding bar sales, for services by CATERER for events scheduled
Monday through Friday, 5:00 p.m. to 12:00 a.m. and Saturday, Sunday and Holidays (as
defined by the City) 6:00 a.m. to 12:00 a.m.
3. 25% of all bar sale gross revenues from all events where the bar is open.
4. 3% of all additions and upgrades including corkage fees.
5. Gross sales shall exclude tax and service charges.
.Payments sIia11 be made to PCC, in care of the Plymouth Creek Center Manager, on or before the
15'h day of the following month. Delinquent payments will be charged $50 every 30 days; starting with the
first day the payment is late. Billings to clients should not show money due the City of Plymouth. Non-
payment by a client to the CATERER for services rendered will not negate payment of the commission
revenue to the PCC.
CATERER agrees to provide appropriate documentation to the satisfaction of the PCC for review
with each monthly payment.
SECTION VI
STATUS OF CATERER
This Agreement calls for the performance of catering services by CATERER as an independent
contractor, and CATERER, its employees, agents or representatives will not be considered employees of
the City for any purposes.
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SECTION VII
INTEREST OF CATERER
CATERER covenants that CATERER has no interest and shall not acquire any interest, direct or
indirect, financial or otherwise, that would conflict in any manner or degree with the performance of
services herein.
SECTION VII
NON -ASSIGNABILITY
CATERER recognizes that this Agreement for food and beverage cannot be transferred, assigned
or subcontracted by CATERER except by permission of the PCC manager to meet client needs not able to
be accommodated by the CATERER.
SECTION IX
IDENTIFICATION OF PERSONNEL
CATERER shall provide appropriate identification of its agents, employees, and representatives
during the performance of this Agreement at the PCC. CATERER acknowledges and recognizes that it is
a fair and equal opportunity employer and that its employees, representative, and agents have had training
in sexual harassment, gender sensitivity, and cultural diversity.
SECTION X
WORKERS' COMPENSATION
By executing this Agreement, CATERER certifies that they have reviewed the provisions of the
Minnesota Statutes with respect to workers' compensation, and CATERER restates that it is an independent
contractor and certifies that CATERER will comply with the provisions of the Workers' Compensation
Statute as an independent contractor before commencing the performance of work under this Agreement.
701
SECTION XI
INDEMNITY
CATERER shall indemnify City against any and all losses, liabilities, damages, costs and expenses,
(including costs of defense, settlement and reasonable attorney's fees by reason of liability imposed by law
upon City) for damages as a result of bodily injury, including death, at any time resulting there from
sustained by any person or persons or on account of damaged property, including lessor, arising out of or
as a consequence of performance of the services provided by CATERER pursuant to this Agreement and
caused by the negligent acts or omissions of CATERER.
SECTION XII
INSURANCE AND LIQUOR LICENSE
Prior to performance of catering services under this Agreement, CATERER agrees to provide the
City with annual copies of its Certificate of Insurance for both catering and liquor, naming the City as a co-
insured, and all appropriate licenses, including liquor licenses issued by the City or other government. The
amounts of insurance shall be:
Comprehensive General Liability Insurance including completed operations and product liability
coverage written on an occurrence basis with the following limits:
• $2,000,000 combined single limits bodily injury/property damage that will apply exclusively to
the catered event occurring at the Plymouth Creek Center.
• City of Plymouth listed as an additional named insured with respect to activities involving the
Plymouth Creek Center.
• 30 day written notice of cancellation.
Automobility Liability Insurance on any automobile including coverage for hired and leased vehicles
• $1,000,000 combined single limits bodily injury/property damage.
Workers Compensation and Employer's Liability Insurance
• Statutory limits
• $100,000 each accident
• $100,000 disease —each employee
• $500,000 accident or disease — policy limit
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Liquor Liability Insurance
+ Minimum of $1,000,000 in liquor liability insurance
• City of Plymouth listed as an additional named insured
• 30 day written notice of cancellation
• Plymouth Creek Center specifically shown as a covered location
CATERER shall provide the City of Plymouth annually with certificates of insurance as evidence
of compliance. CATERER shall purchase and maintain insurance to protect itself from claims under the
Worker's Compensation Acts. CATERER must hold a current license as prescribed in City ordinance.
SECTION XIII
GOALS, PRINCIPALS AND POLICIES
In connection with the exercise of this Agreement, CATERER shall act in a manner consistent with
the City's basic goals, principals and policies.
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SECTION X"!V
IMPLEMENTATION OF AGREEMENT
CATERER will designate personnel whose responsibilities shall be working with the City, in
coordinating and implementing this Agreement.
SECTION XV1
TERM
This agreement shall commence on January lDeeenn-bef 1, 202014 and remain in force until
December 31bef 30, 2024 1. tiffles�,, infl ss terminated as provided aau tfius ectioau Il ` he �agf� eemeaa-t a� slot
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The PCC Manager and the CATERER representative shall work to positively resolve any
service/performance issues that arise. If the issue is not able to be resolved within 30 days, either parry may
terminate this agreement with a thirty (30) day written notification. The City may, based on its sole and
absolute discretion, terminate the agreement on thirty (30) days written notice to CATERER with
CATERER retaining the right to perform any existing contracted business beyond thirty (30) days. The City
shall immediately terminate, without the option to cure, the agreement if there are service, performance,
health or safety issues that are impeding the success of reserved events, including, but not limited to, lack
of license and bonding by the State of Minnesota and no insurance coverage pursuant to this Agreement.
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SECTION XVII
COMPLETENESS OF ENTIRE AGREEMENT
This document contains all the terms and conditions of this Agreement, and any alterations or
variations of the terms of this Agreement shall be invalid unless made in writing and signed by the parties.
There are no other understandings, representations or agreements, written or oral, not incorporated herein.
If any part of this Agreement is declared null and void by law, the remaining paragraphs of this Agreement
shall be valid.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above
written.
in
CITY OF PLYMOUTH
By:
Kelli Slavik
It's Mayor
9
Lolm
Dave Callister
It's City Manager
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AGREEMENT FOR CATERING SERVICE
THIS AGREEMENT FOR CATERING SERVICE (herein "Agreement") is made and
entered into this day,
2022 (hereinafter "Effective Date"), by and between the
MAPLE GROVE PARKS AND RECREATION BOARD (hereinafter `BOARD") and
[enter entity name] (hereinafter "CATERER").
RECITALS
WHEREAS, the BOARD operates the Maple Grove Community Center as described in greater
detail in Section 2 of this Agreement (hereinafter "MGCC"); and
WHEREAS, the MGCC provides one banquet facility seating 250 (hereinafter "Banquet
Room"). The Banquet Room can be divided into two spaces seating 100-125 each (hereinafter, each a
"Divided Space"). Any reference herein to the Banquet Room shall also include the Divided Space. A
licensed catering kitchen, patio area and related amenities are adjacent to the Banquet Room
(hereinafter "Amenity Area") and included for the use by the CATERER under this Agreement.
When the Banquet Room is divided into the Divided Space and there are simultaneous Catered
Event (defined below) in each of the Divided Space, the Amenity Area shall be shared by both
caterers of the simultaneous Catered Event; and
WHEREAS, the MGCC is marketed as a venue for a diversity of functions for public and private
use. Functions will include such uses as meetings, weddings, banquets, corporate functions, vendor
shows, special events, entertainment for varying size crowds and other community activities; and
WHEREAS, the BOARD desires to have CATERER as one of a maximum of fifteen food
caterers to perform the food, non-alcoholic beverage, and related food catering services at the MGCC
(hereinafter "Catering Services"). It is understood that CATERER is willing and able to provide these
Catering Services. For purposes of this Agreement, a "Catered Event" is defined as an event where a
contract for Catering Services is executed between CATERER and Permit Holder (defined below).
NOW, THEREFORE, in consideration of the mutual promises set forth herein, it is agreed by and
between the BOARD and CATERER as follows:
SECTION 1
REPRESENTATIONS
1. CATERER represents that it is a Minnesota corporation duly organized, validly existing
and in good standing with the State of Minnesota and that it has full power and authority
to enter into the Agreement and to carry out the activities required by the Agreement.
CATERER further represents that its agents, representatives and employees have the
necessary education, training, experience, certification, and licensing for purposes of
servicing and performing this Agreement with the BOARD.
2. The BOARD represents that it has full power and authority to enter into this Agreement.
SECTION 2
LOCATION OF SERVICES
Catering Services by the CATERER shall be rendered at the MGCC located at 12951 Weaver
Lake Road, Maple Grove, MN 55369, specifically in the Banquet Room of a Divided Space and the
Amenity Area.
SECTION 3
CATERER DUTIES AND RESPONSIBILITIES
CATERER shall obtain and maintain at its sole expense all licenses and insurance in conjunction
with a Catered Event at the MGCC and to perform Catering Services at the MGCC as follows:
1. CATERER shall follow all policies and procedures set by the BOARD pertaining to the
Catering Services operation of the MGCC;
2. CATERER shall provide MGCC Manager (defined below) with a copy of the current
Minnesota Health Department License and Certified Food Managers License(s) during
the term to provide Catering Services for both indoor and outdoor venues. CATERER
agrees to meet all local, state, federal health regulations, codes, rules, and laws
concerning Catering Services;
3. CATERER will provide proof of bonding with the State of Minnesota and maintain the
proper bonding throughout the Term (defined in Section 17);
4. CATERER shall provide professional employees, dressed in uniform attire and adequate
staffed for a Catered Event to maintain a consistently high level of customer service;
CATERER shall be solely responsible for the recruitment, training, employment,
performance, and compensation of adequate staffing to prepare and serve the food
meeting the demand of the Permit Holder (defined below) at each and every Catered
Event for any day of the week to include holidays;
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S. CATERER shall provide all food and non-alcoholic beverages necessary for a Catered
Event. CATERER shall maintain a consistency in offering a high quality of food;
7. CATERER shall inform the BOARD's Rental Coordinator (hereinafter "Rental
Coordinator") who the CATERER's designated contact person is for each Catered
Event (hereinafter the "Catering Coordinator"). The Catering Coordinator shall be the
person the Rental Coordinator communicates all rental information for set up, event and
tear down information. The CATERER shall provide the Catering Coordinator's
information to include the name, phone number and email upon the time the Permit
Holder has agreed to use of the catering service. If the Catering Coordinator is to be
different person for the day of the event the CATERER shall designate an on -site
coordinator for the day of the event five (5) days before the rental. For the purpose of this
Agreement the term "Permit Holder" shall mean the customer renting the facilities at the
MGCC;
�. CATERER shall coordinate any set up needs of rental space at MGCC with the Rental
Coordinator in a clear, concise, and timely manner;
10. CATERER staff shall be onsite. No drop off service is allowed;
11. CATERER is responsible to provide, set up and remove all supplies to service a Catered
Event to include serving equipment, tableware, linens, decorations and like items from
the MGCC the same day after each rental. Excepts as expressly provided for herein, no
storage is available at the MGCC;
12. CATERER shall work cooperatively with the exclusive BOARD's Beverage Providers
who are approved to serve alcoholic beverages;
13. CATERER agrees to comply with the payment of the Commission (defined below) to the
BOARD as set forth in Section 5 of this Agreement;
14. Per the agreement between the BOARD and Mid -West Coca-Cola, Coca-Cola products
must be used when dispensing soda products at the MGCC ("Soda Agreement"). Soda
will be provided by the BOARD for the portable beverage bar for rentals at MGCC. If
Permit Holder does not rent the portable beverage bar, CATERER is responsible to
provide canned or bottled soda/water at their expense in compliance with the Soda
Agreement;
16. CATERER is responsible to identify specific menu, cost per plate/person and any other
extraneous fees to a Permit Holder with no hidden fees so Permit Holder knows what
they are responsible to pay. The fees are to include tax, gratuity and any service fees.
Expenses for auxiliary services are at the expense of the CATERER and CATERER is
3
responsible to collect from a Permit Holder directly. CATERER shall provide a list of
menu options for specialty or ethnic food not on the CATERER's standard menu for
which cooking staff has experience cooking. If the menu requested by the Permit Holder
cannot be accommodated, the Caterer is to direct the Permit Holder back to the Rental
Coordinator for further assistance.
17. Meals prepared for the BOARD Senior Programs (hereinafter "Senior Programs") will
be at a rate excluding the Commission Rate on all Senior Programs events. CATERER
agrees to charge in the range of $7.00 to $9.00 per plate for Senior Programs meals as
coordinated with the BOARD's Senior Coordinator or Assistant Senior Coordinator.
Meals prepared for City of Maple Grove functions will be at a rate excluding the
Commission Rate. Some City of Maple Grove affiliated functions may have the
Commission Rate waived. Confirmation of the any waived fees must be pre -approved
and written confirmation completed by the Rental Coordinator. The "Commission Rate"
is defined in Section 5 of this Agreement;
18. CATERER is responsible to keep marketing materials with current menu, prices and
service options and provided an adequate supply of this information to the Rental
Coordinator. CATERER is invited to participate in the sales and marketing of events at
the MGCC to promote sustainability for both parties;
19. CATERER is strongly encouraged to coordinate responses to surveys/evaluations of the
food or service levels of the CATERER or MGCC employees with the Rental
Coordinator. The goal is to use any Permit Holder feedback to maintain a high level of
customer service;
20. CATERER shall take proper care of all equipment to include tables and chairs provided
by the BOARD in such a manner as to prevent damage;
21. CATERER shall be solely responsible for all CATERER property brought to the MGCC,
including lost, damaged, or stolen items. All items brought in by the Permit Holder
and/or the Caterer must be out of the MGCC by the end time stated on the permit issued
for use of the Banquet Room or Caterer shall be charged a minimum $50 per day fee that
must be paid within 30 days of invoice;
22. CATERER shall meet or exceed the Hennepin County Environmental Health
requirements and standards; and
23. At the time a reservation for a Catered Event is made, the Catering Coordinator or
other CATERER representative shall document the details of services required
and charges for services, using permits, invoices and reservation agreements.
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SECTION 4
BOARD'S DUTIES AND RESPONSIBILITIES
The BOARD agrees to:
1. Promote quality customer service by scheduling use of the MGCC with a Permit Holder;
2. Charge and collect rental fees to a Permit Holder renting at the MGCC;
3. Communicate details of a rental accurately to the CATERER and provide pertinent
information on the room set up or outdoor rental space setup, equipment needs, security
requirements, special needs and like information at MGCC, including, but not limited to,
arrangements with outside vendors such as rental equipment companies, security
personnel and other vendors;
4. Provide the Banquet Room, and the Amenity Area as it exists.
5. Complete set-ups for rental space at the MGCC with tables, chairs or requested
equipment by the Permit Holder in a neat, uniform, and timely fashion. Tear down of
catering equipment will be coordinated with the CATERER in advance of the Catered
Event;
S. Provide utilities to service the Catered Event;
7. Provide custodial service for the Banquet Room setup and tear down, trash removal and
scrubbing/vacuuming of floors in the Banquet Room. Purchase and provide the necessary
cleaning supplies to the CATERER for cleaning the kitchen counters and portable
beverage bar at MGCC;
S. Provide catering kitchen with equipment of an oven range 6 burners, grill, broiler; one
single door refrigerator, one walk in cooler, ice machine/ice, dishwasher, coffee maker,
and steam table. The kitchen and other facilities may not be available at certain times
due to construction, remodeling, making repairs, or other circumstances;
�. Provide Coca-Cola products to dispense soda products from the beverage bar rentals in
the form of cans or bottles in compliance with the Soda Agreement. CATERER to
provide canned/bottled Coca-Cola beverages, at their expense and in compliance with the
Soda Agreement, if Permit Holder does not rent the portable beverage bar;
10. Pay for licensing the MGCC catering kitchen facility with the Hennepin County
Environmental Health Department;
11. Provide facility access and parking to CATERER personnel for one vehicle near the
caterer's entrance for events catered in the Banquet Room;
12. Rental Coordinator will inform CATERER of all changes to counts and approved the
documentation utilized by CATERER for bookings at the MGCC;
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13. The BOARD agrees to restrict the Catering Services provided at the MGCC to
CATERER and a maximum of fourteen (14) other approved food caterers, exclusively
for the food catered events held at the MGCC, except for events and Permit Holders
exempted by the BOARD, as determined by the BOARD's MGCC Manager (herein
"MGCC Manager" or designee;
14. The BOARD shall set a guideline of requiring clients with bookings of the Banquet
Room for any number of people or a Divided Space with greater than 80 people for a
single booking to be required to use a food caterer. BOARD reserves the right to evaluate
the minimum annually thereafter, to make necessary adjustments to maintain and
promote reasonable food service accommodations for the Permit Holder; and.
15. BOARD shall have the ability to provide a Permit Holder light refreshments with
beverage and/or cake/cookie service to a Permit Holder.
SECTION 5
FINANCIAL ARRANGEMENTS
The BOARD's percentage of the revenues generated through Catering Services provided by
CATERER shall be based on the following formulas:
A. The CATERER shall be required to reimburse the BOARD a percentage of the revenues
generated through food service (hereinafter "Commission") based on the following formula
(hereinafter "Commission Rate"):
1. MGCC will receive 10% of all gross sales for food and non-alcoholic beverage service
scheduled Monday through Thursday and daytime rental (8am — 5pm) on Fridays;
2. MGCC will receive 15% of all gross sales for food and non-alcoholic beverage service for all
day events scheduled on Friday evenings (5pm — lam), all day events scheduled on Fridays
(8am — lam), Saturdays, Sundays and Holidays
CATERER shall calculate the Commission Rate based on the gross sales excluding the sales tax
and service charges.
B. CATERER shall agree to follow regarding the Commission:
1. The collection of deposits and fees for all catering charges are the sole responsibility of
CATERER. Non-payment by a client to the CATERER for Catering Services rendered will
not negate payment of the Commission Rate revenue to the BOARD. CATERER's billings
to a Permit Holder shall not show the Commission due to the BOARD.
2. The CATERER agrees to pay the BOARD the Commission based upon the final billing for
each Catered Event. The CATERER is responsible to provide one copy of the final billing for
each Catered Event in a given month to the Rental Coordinator within ten (10) business days
C01
after the event. The BOARD shall receive a check made payable to Maple Grove Parks and
Recreation for Commission amount due accompanied by supporting data. The CATERER
must make the payment within ten (10) business days after the Catered Event or, if approved
in writing by the MGCC Manager, by the 15' of the month following the Catered Event.
Any failure to make a timely payment as provided for above shall, in addition to other
remedies available, have the amount due being subject to an eighteen percent (18%) annual
interest rate on delinquent payments.
3. The BOARD reserves the right to inspect all financial records for a Catered Event.
CATERER must provide documentation within two (2) business days upon request.
4. A BOARD representative will collect the room rental fee, room deposit and rental equipment
fee.
SECTION 6
STATUS OF CATERER
This Agreement calls for the performance of Catering Services by CATERER as an independent
contractor, and CATERER, its employees, agents or representatives shall not be considered employees of
the BOARD for any purposes. All persons employed by CATERER shall be the sole and exclusive
employees of CATERER and shall be paid by CATERER. With respect to such employees, CATERER
shall accept full and exclusive liability for all applicable social security, unemployment, workers'
compensation, or other employment taxes or contributions of insurance, and all employee benefits, and
shall comply with all federal and state laws and regulations relating to employment generally, minimum
wages, social security, unemployment insurance, and workers' compensation. Certificates evidencing
compliance with the foregoing shall be submitted upon the reasonable request of the BOARD.
SECTION 7
INTEREST OF CATERER
CATERER covenants that CATERER has no interest and shall not acquire any interest, direct or
indirect, financial or otherwise, that would conflict in any manner or degree with the performance of its
terms and obligations under this Agreement.
SECTION 8
NON -ASSIGNABILITY
CATERER shall have not right to transfer, assign or subcontract this Agreement and the terms
and conditions herein.
7
SECTION 9
IDENTIFICATION OF PERSONNEL
CATERER shall provide appropriate identification of its agents, employees, and representatives
during the performance of this Agreement at the MGCC as agreed upon between BOARD and
CATERER. CATERER acknowledges and recognizes that it is a fair and equal opportunity employer and
that its employees, representative, and agents have had training in sexual harassment, gender sensitivity,
and cultural diversity.
The CATERER shall not schedule to the MGCC any person, whether as a substitute or on a
temporary basis, who has a criminal conviction, which directly relates to his/her position of employment
(assignment) such as theft, any sex offense, assault, possession of stolen property.
The CATERER, prior to the assignment of any person to the MGCC, shall complete a
background investigation including a criminal record investigation, regarding each such person. The
criminal investigation must be kept current and/or updated for each employee during the duration of this
contract and provided upon the request of the MGCC Manager or designee.
SECTION 10
WORKER'S COMPENSATION
By executing this Agreement, CATERER certifies that they have reviewed the provisions of the
Minnesota Statues with respect to worker's compensation, and CATERER restates that it is an
independent contractor and certifies that CATERER shall comply with the provisions of the Worker's
Compensation Statute as an independent contractor before commencing the performance of work under
this Agreement.
SECTION 11
INDEMNITY
In consideration of being allowed to use the MGCC in the manner described herein CATERER
hereby voluntarily assumes all risks of accident or damage to its property and to the persons and property
of its employees. CATERER agrees to defend, indemnify, holds harmless the City of Maple Grove and
the BOARD, and their respective officers, employees, insurers and agents (hereinafter "Indemnified
Parties"), against any and all claims, losses, liabilities, damages, costs and expenses, (including costs of
defense, settlement and reasonable attorney's fees by reason of liability imposed by law upon the
Indemnified Parties") for claims or damages as a result of bodily injury, including death, at any time
resulting there from sustained by any person or persons or on account of damaged property, including
lessor, arising out of or as a consequence of performance of the services provided by CATERER pursuant
Rj
to this Agreement caused by the acts or omissions of CATERER. This indemnification provision shall
survive the expiration or earlier termination of this Agreement.
SECTION 12
INSURANCE AND LICENSES
CATERER shall purchase and maintain such insurance as will protect the CATERER from
claims which may rise out of, or result from, the CATERER'S operations under this Agreement, whether
such operations are by the CATERER or anyone directly employed by them, or by anyone for whose acts
or omissions of them may be liable.
CATERER shall secure the following coverage and comply with all provisions as noted.
Certificate of Insurance shall be issued evidencing such coverage to the City of Maple Grove and the
BOARD throughout the term of this Agreement.
CATERER is responsible to file with the MGCC Manager a comprehensive general liability
policy or a Certificate of Insurance on an occurrence basis, issued by an insurance company authorized to
do business in Minnesota, shall include, but not limited to, the following minimum coverage:
Commercial General Liability Insurance (minimum levels listed below)
$2,000,000
Each Occurrence
$300,000
Damages to Rented Premises (Each Occurrence)
$10,000
Medical Expense (Any One Person)
$100,000
Personal and Advertising Injury
$2,000.000
General Aggregate
$2,000,000
Products-Comp/Ops Aggregate
Workers Compensation and Employers' Liability
$100,000 E.L. Each Accident
$100,000 E.L. Disease — EA Employee
$500,000 E.L. Disease — Policy Limit
(1) The above minimum limits shall apply for an entity with a single location. For an
entity with multiple locations, the minimum general and product aggregate limits shall
be $2,000,000. State your status as to whether you are a single or multiple location
entity on the certificate of insurance.
(2) Should the policy be canceled or not renewed for any cause prior to expiration date
thereof, the issuing company shall mail a thirty (30) day written notice to the MGCC
Manager, except such notice shall be ten (10) days for non-payment of premium.
(3) The City of Maple Grove and the BOARD shall be named as an additional insured on
the Certificate of Insurance.
(4) Cancellation or expiration of an insurance policy or Certificate of Insurance required
in this section and failure to provide another insurance policy or certificate of such
I
insurance shall be grounds for automatic termination of the agreement with the select
exclusive caterer.
(5) The policy shall be written by an insurance company having a Best's Key Rating
Guide of A-VII, or as approved by the city's insurance agent.
(6) The CATERER shall not commence work at the MGCC for a Catered Event until the
CATERER has obtained the required insurance and filed an acceptable Certificate of
Insurance with the MGCC Manager. Copies of insurance policies shall be submitted to
the City of the Maple Grove and the BOARD upon request.
CATERER shall be licensed and bonded by the State of Minnesota, proof of which shall be
provided to the MGCC Manager prior to performance of Catering Services under this Agreement.
CATERER shall provide the MGCC Manager with a copy of the current Health Department
License and Certified Food Managers License during the term of this Agreement.
SECTION 13
GOALS, PRINCIPALS AND POLICIES
In connection with the exercise of this Agreement, CATERER shall act in a manner consistent
with the BOARD's basic goals, principals and polices for the MGCC.
SECTION 14
GOOD FAITH
In the event that any agreement, approval, consent or other action or decision is permitted or is
required hereunder, the parties shall act in good faith and in a reasonable manner in connection therewith.
SECTION 15
NON-PERFORMANCE
It is the CATERER's responsibility to familiarize itself to the requirements of this Agreement and
to perform all tasks in an acceptable and timely manner. It is not the BOARD's responsibility to remind
the CATERER of the Agreement requirements.
CATERER may be provided the opportunity to request renewal of the agreement approximately
six (6) months prior to the expiration date. If the agreement is not renewed, CATERER shall remain
responsible for providing services to rentals booked at MGCC for which they had committed to at the
time of the agreement termination. MGCC employees reserve the right to require CATERER to respond
to a Request for Proposal and complete the interview process if so desired by MGCC.
This Section intentionally left blank
SECTION 16
10
SECTION 17
TERM
This Agreement shall commence on the Effective Date and remain in force until December 31,
2022 (hereinafter "Term"), unless earlier terminated as set forth herein. If the Term is not extended by
agreement of the parties, the CATERER shall remain responsible for providing Catering Services to the
rentals booked at MGCC for which they had committed to prior to the end of the Term.
The MGCC Manager and CATERER's representative shall reasonably cooperate to resolve any
breach of this Agreement. If the breach is not cured within thirty (30) days of notice being provided,
either party may terminate this Agreement. The BOARD may, based on its sole and absolute discretion,
terminate this Agreement on thirty (30) days written notice to CATERER with CATERER retaining, at
the discretion of the BOARD, the right to perform any existing contracted Catered Event beyond thirty
(30) days; provided, however, the BOARD may immediately terminate, without the option to cure, this
Agreement if there are service, performance, or health or safety issues that are impeding the success of
reserved events (in the sole determination of the BOARD), including, but not limited to, lack of license
and bonding by the State of Minnesota and failure to maintain insurance coverage as required by this
Agreement.
At the discretion of the MGCC Manager, the CATERER shall remain responsible for providing
service to the rentals booked at MGCC for which they had committed at the time of written notice of
termination of expiration of any applicable cure periods. In such an event, the terms and conditions of this
Agreement shall continue to govern the provisions of the committed events.
SECTION 18
MISCELLANEOUS
This Agreement contains all the terms and conditions of this Agreement, and any alterations or
variations of the terms of this Agreement shall be invalid unless made in writing and signed by the
parties. There are no other understandings, representations, or agreements, written or oral, not
incorporated herein. If any part of this Agreement is declared null and void by law, the remaining
paragraphs of this Agreement shall be valid.
All notices and other communication provided for in this Agreement shall be in writing and shall
be personally delivered or sent by a reputable private commercial courier service or sent United States
registered or certified mail, postage pre -paid, return receipt requested, to the Parties at the following
addresses until such time as written notice of a change of address is delivered to the other party:
11
If to the BOARD:
Maple Grove Parks and Recreation Board
12951 Weaver Lake Road
Maple Grove, Minnesota, 55369
Attn: Community Center Manager
If to CATERER:
Address
City, State, Zip
Attention
Owner
The BOARD and CATERER agree to execute, acknowledge, and deliver all contracts,
agreements, and other documents and take all actions necessary or desirable to comply with the
provisions of this Agreement and the intent hereof.
This Agreement is governed by and is to be interpreted pursuant to the laws of the State of
Minnesota. The BOARD and CATERER each consent to the personal jurisdiction of the District Court of
Hennepin County, Minnesota, in any action, suit, or proceeding arising under this Agreement.
This Agreement is for the sole and exclusive benefit of the parties hereto and their respective
successors and assigns, and no third parties are intended to or shall have any rights hereunder.
Any change to or modification of this Agreement must be in writing signed by both parties. This
Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but
all of which together shall constitute one in the same instrument. The captions for each section of this
Agreement are intended for convenience only and shall not be deemed to construe or limit in any manner
this Agreement. This Agreement is separate and independent of any other document, agreement, or
understanding of the parties. This Agreement constitutes the entire agreement of the parties with respect
to the matters addressed herein.
If any one or more of the provisions of this Agreement, or any application thereof, shall be found
to be invalid, illegal, or otherwise unenforceable, the validity, legality, and enforceability of the remaining
provisions or any application thereof shall not in any way be affected or impaired thereby.
Time is of the essence in the performance of the terms and conditions of this Agreement. The
Recitals at the beginning of this Agreement are a material part of this Agreement and are incorporated
herein.
12
CATERER understands and agrees that all of the data created, collected, received, stored, used,
maintained, or disseminated by CATERER in performing its obligations under this Agreement is subject
to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, as, amended, and that
CATERER must comply with the requirements thereof as if it were a government entity. CATERER
further understands and agrees that the remedies set forth in Minn. Stat. § 13.08 apply to CATERER in
connection with such requirements.
(The remainder of the page left intentionally blank.)
13
SIGNATURE PAGE
IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date.
MAPLE GROVE PARKS AND RECREATION BOARD
Its: Chair
Date:
Its: Director
Date:
CATERER
Its:
Date:
Its:
Date:
14
Catering Application Checklist
Please use the following checklist to indicate your review of the Catering Application
Procedures and ensure a fully complete Catering Application submittal. The formal Catering
Agreement will be issued for your review and signature upon receipt of a complete Catering
Application.
Ll $50.00 Catering Application fee at the time of submittal (non-refundable) in a check made
payable to "MGPR"
Ll Commission fees for food and non-alcoholic beverages served paid to the Maple Grove
Parks and Recreation Board within ten (10) business days after each catered event
Commission rate of 10% for catered events Monday — Thursday
Commission rate of 15% for catered events Friday — Sunday and Holidays
Ll Provide all catering and food licensures with the State of Minnesota
Ll Provide all business documents bonded with the State of Minnesota
Ll Provide all Certificates of Insurance with the Maple Grove Parks and Recreation Board
listed as additionally insured
Ll Provide all contact information, menus, and marketing materials with application
Ll Agree to attend an in -person orientation at MGCC at least two (2) weeks prior to catering
any event at MGCC
Submit your completed Catering Application and $50 Application Fee by:
➢ Mail or in -person to:
Maple Grove Community Center, Attn: Facility Rental Coordinator
12951 Weaver Lake Road Maple Grove, MN 55369
➢ Fax to:
Maple Grove Community Center, Attn: Facility Rental Coordinator
(763)494-6456 secured fax line
➢ Email in PDF form to:
2.21,_ oer urn o _ oer
Applications will only be reviewed and processed when all documents and application fee have
both been received.
Cityof
Maple Grove
Community Center
CATERING AGREEMENT APPLICATION
Maple Grove Community Center
12951 Weaver Lake Road Maple Grove, MN 55369
http://maplegrovecommunitycenter.org • (763)494-6500 • mgccrentals@maplegrovemn.gov
City of
Maple Grove
Community Center
Dear Valued Patron,
Thank you for your interest in bringing your catering services to the Maple
Grove community. Our facility hosts a variety of private events, weddings, galas,
fundraisers, expos, and tradeshows. Our largest event space, the Banquet Room,
requires all events serving food and beverages to contract through a licensed, pre -
approved Caterer. In turn for a catering fee, our facility will share your business with
our clients and promote your catering services. We appreciate your consideration in
partnering with the Maple Grove Community Center.
In this packet, you will find helpful information regarding our Catering
Agreement and Policies. Please review this policy summary carefully as all Caterers
will be held to the responsibilities and expectations outlined in the Catering
Agreement. The Catering Agreement will be shared with you upon submission of this
Catering Application.
Thank you,
Maple Grove Community Center
1 1 P a g e
Catering Application Procedures
1. Applicants are required to complete all sections of this application. All proposed activities
and events are subject to the approval of the Maple Grove Parks & Recreation Board
(herein after "BOARD") as reviewed and processed by the BOARD designee(s) for services at
the Maple Grove Community Center (MGCC). Incomplete applications will not be
considered. If you have questions, please email mgccrentals@maplegrovemn.gov
2. Applications can be found online at the MGCC website, in person at the MGCC, or can be
requested via email. Submittal of the Catering Application can be made in person at the
MGCC, via email, mail, or fax. Submittal of the Catering Application is not a confirmation or
approval to conduct an event. All applications are subject to review and must be processed
and approved before a catered event can occur.
3. Applications must be fully completed and submitted at least sixty (60) days before the first
catered event at MGCC unless there are exigent circumstances. Applications are not
considered to be submitted if incomplete.
4. Once all the BOARD's requirements have been fulfilled, including receipt of all requested
documents (in addition to those of all applicable City, State, and/or Federal agencies) and
full payment required at application, an approval will be made.
5. Upon completion of all requirements, applicants must review and sign the Catering
Agreement with the BOARD.
6. A comprehensive general liability policy and/or a Certificate of Insurance on an occurrence
(per -event) basis, issued by an insurance company authorized in MN, shall include, but not
be limited to, the coverage defined in the Catering Agreement and summarized below:
Commercial General Liability Insurance (minimum levels listed below)
$2, 000,000 Each Occurrence
$300,000 Damages to Rented Premises (Each Occurrence)
$10,000 Medical Expense (Any One Person)
$100,000 Personal and Advertising Injury
$2,000.000 General Aggregate
$2,000,000 Products-Comp/Ops Aggregate
Workers Compensation and Employers' Liability
$100,000 E.L. Each Accident
$100,000 E.L. Disease — EA Employee
$500,000 E.L. Disease — Policy Limit
2 1 P a g e
7. Caterer shall be licensed and bonded by the State of Minnesota, proof of which shall be
provided to the BOARD submitted with the Catering Application
8. After approval, new applicants will be required to attend an orientation at MGCC at least
two (2) weeks prior to providing catering services at MGCC. The Facility Rental Coordinator
will schedule an orientation with the Caterer after the application is approved.
9. The BOARD will certify new applicants on an annual basis. Current and new caterers must
complete the Catering Application process and be approved annually.
3 1 P a g e
Catering Agreement Overview
Priority components of the Catering Agreement are listed below. The applicant is responsible to
read and fully understand the commitment to the entirety of the Catering Agreement. The
applicant (hereinafter "CATERER") and the Maple Grove Parks and Recreation Board
(hereinafter "BOARD") are to mutually enter the Catering Agreement.
RECITALS
1. The BOARD operates the Maple Grove Community Center (hereinafter "MGCC) and
provides one (1) banquet facility seating 250, named the Banquet Room. This room can
be divided into two spaces for two potential simultaneously catered events.
2. The BOARD desires to have CATERER as one of a maximum of fifteen catering service
providers to perform food and non-alcoholic beverage services at MGCC. It is
understood that CATERER is willing and able to provide these services.
3. A "Catered Event" is defined as an event where a contract for catering services is
executed between CATERER and Permit/Reservation Holder.
REPRESENTATIONS
1. CATERER represents that it is a Minnesota corporation duly organized, validly existing
and in good standing with the State of Minnesota.
2. CATERER further represents that its agents, representatives and employees have the
necessary education, training, experience, certification, and licensing for purposes of
servicing and performing this Agreement with the BOARD.
3. The BOARD represents that it has full power and authority to enter into this Agreement.
LOCATION OF SERVICES
1. Catering services by CATERER shall be rendered at the MGCC, specifically in the Banquet
Room, adjoining kitchen, and garden patio.
4 1 P a g e
CATERER DUTIES AND RESPONSIBILITIES
1. CATERER shall obtain and maintain at its sole expense all licenses and insurance in
conjunction with a Catered Event at the MGCC and to perform Catering Services at the
MGCC.
2. CATERER shall follow all policies and procedures set by the Board pertaining to the
Catering Services operation of the MGCC.
3. CATERER shall provide MGCC Manager (defined below) with a copy of the current
Minnesota Health Department License and Certified Food Managers License(s) during
the term to provide Catering Services.
4. CATERER shall provide professional employees, dressed in uniform attire and adequate
staffed for a Catered Event to maintain a consistently high level of customer service.
5. CATERER's designated catering coordinator shall communicate all event information
immediately upon entering into a contract with a Permit/Reservation Holder including
invoices, charges for services, and reservation agreements.
6. CATERER shall designate and communicate to the Facility Rental Coordinator the name
and contact information for the on -site coordinator for the event five (5) days before
the event occurs.
7. CATERER's staff shall be onsite for the duration of a catered events. No drop-off catering
service is allowed.
8. CATERER must only serve Coca-Cola products per the agreement with the BOARD and
Mid -West Coca-Cola. CATERER is responsible to provide canned or bottled soda/water
at their expense in compliance with this Agreement.
9. CATERER shall take proper care of all equipment to include tables and chairs provided
by the BOARD in such a manner as to prevent damage.
10. CATERER shall be solely responsible for all CATERER property brought to the MGCC,
including lost, damaged, or stolen items. All items brought in by the User and/or the
Caterer must be out of the MGCC by the end time stated on the permit/reservation or
Caterer shall be charged a minimum $50 per day fee that must be paid within 30 days of
invoice.
5 1 P a g e
BOARD'S DUTIES AND RESPONSIBILITIES
The BOARD agrees to:
1. Promote quality customer service by scheduling MGCC in a timely manner;
2. Communicate details of a rental to the CATERER and provide information on the room
or outdoor rental space setup, equipment needs, security requirements, special needs,
and like information at MGCC, including, but not limited to, arrangements with outside
vendors such as rental equipment companies, security personnel, and other vendors;
3. Complete set-ups for rental space at MGCC with tables, chairs or requested equipment
by the Permit Holder in a neat, uniform, and timely fashion. Teardown of equipment will
be coordinated with the CATERER in advance of the event as well as with the onsite
employees;
4. Provide custodial service for the MGCC banquet room setup and tear down, trash
removal, and scrubbing/vacuuming of floors in the banquet room. Purchase and provide
the necessary cleaning supplies to the caterers for cleaning the kitchen counters and
portable beverage bar at MGCC;
5. Provide catering kitchen with equipment of an oven range 6 burners, grill, broiler; one
single door refrigerator, one walk-in cooler, ice machine/ice, dishwasher, coffee maker,
and steam table, when available; The kitchen and other facilities may not be available at
certain times due to construction, remodeling, making repairs, or other circumstances;
6. Provide facility access and parking to CATERER personnel for one (1) vehicle near the
MGCC's Banquet Room loading dock/caterer's entrance;
7. Restrict the catering services in the MGCC Banquet Room to one of the (up to) fifteen
approved caterers, exclusively for the catered events held in the Banquet Room at the
MGCC, except for events and customers exempted by the BOARD, as determined by the
MGCC Manager or designee.
8. The BOARD shall require customers with guest attendance greater than 80 people for a
single booking to be required to use an approved caterer. BOARD shall approve of
bookings made within 30 days of a rental use a potluck style food service or a caterer
not listed on the Approved Caterers list.
9. The BOARD shall have the ability to provide light refreshments including, but not limited
to, beverage and/or cookie/snack service.
6 1 P a g e
FINANCIAL ARRANGEMENTS
1. CATERER shall be required to reimburse the BOARD a percentage of the revenues
generated through food service based on the following formula (hereinafter
"Commission Rate"):
a. MGCC will receive 10% of all gross sales for food and non-alcoholic beverage
service scheduled Monday through Thursday and daytime rental (8am — 5pm) on
Fridays;
b. MGCC will receive 15% of all gross sales for food and non-alcoholic beverage
service for all day events scheduled on Friday evenings (5pm — lam), all day
events scheduled on Fridays (8am — lam), Saturdays, Sundays and Holidays
2. CATERER shall calculate the Commission Rate based on the gross sales excluding the
sales tax and service charges.
3. The collection of deposits and fees for all catering charges are the sole responsibility of
CATERER. Non-payment by a client to the CATERER for Catering Services rendered will
not negate payment of the Commission Rate revenue to the BOARD.
4. CATERER's billings to a Permit Holder shall not show the Commission due to the BOARD.
5. CATERER agrees to pay the BOARD the Commission Rate revenues based upon the final
billing for each Catered Event. The CATERER is responsible to provide one copy of the
final billing for each Catered Event in a given month to the Rental Coordinator within ten
(10) business days after the event. The BOARD shall receive a check made payable to
Maple Grove Parks and Recreation for Commission Rate revenue amount due
accompanied by the data supporting the Catered Event.
6. CATERER must make the payment within ten (10) business days after the event or, if
approved in writing by the MGCC Manager, by the 15th of the month following the
Catered Event. Any failure to make a timely payment as provided for above shall, in
addition to other remedies available, have the amount due being subject to an eighteen
percent (18%) annual interest rate on delinquent payments.
7. The BOARD reserves the right to inspect all financial records for an event. CATERER must
provide documentation within two (2) business days upon request.
7 1 P a g e
NON-PERFORMANCE
It is the CATERER's responsibility to familiarize itself to the requirements of this
Agreement and to perform all tasks in an acceptable and timely manner. It is not the BOARD's
responsibility to remind the CATERER of the Agreement requirements.
CATERER may be provided the opportunity to request renewal of the agreement
approximately six (6) months prior to the expiration date. If the agreement is not renewed,
CATERER shall remain responsible for providing services to rentals booked at MGCC for which
they had committed to at the time of the agreement termination. MGCC employees reserve the
right to require CATERER to respond to a Request for Proposal and complete the interview
process if so desired by MGCC
194WIIFil
The Catering Agreement is valid through the end of the calendar year. All current and
new CATERERS will be invited to submit a Catering Application at the end of each year to be
considered for the following calendar year.
Example: If a CATERER submits a Catering Application and is approved in October 202Z
the Agreement term will end on December 31, 2022 and a new Catering Agreement will be
required to render services in 2023.
The BOARD may, based on its sole and absolute discretion, terminate this Agreement on
thirty (30) days written notice to CATERER with CATERER retaining, at the discretion of the
BOARD, the right to perform any existing contracted Catered Event beyond thirty (30) days;
provided, however, the BOARD may immediately terminate, without the option to cure, this
Agreement if there are service, performance, or health or safety issues that are impeding the
success of reserved events (in the sole determination of the BOARD), including, but not limited
to, lack of license and bonding by the State of Minnesota and failure to maintain insurance
coverage as required by this Agreement.
At the discretion of the MGCC Manager, the CATERER shall remain responsible for
providing service to the rentals booked at MGCC for which they had committed at the time of
written notice of termination of expiration of any applicable cure periods. In such an event, the
terms and conditions of this Agreement shall continue to govern the provisions of the
committed events.
8 1 P a g e
AGREEMENT FOR BEVERAGE PROVIDER SERVICE
THIS AGREEMENT made and entered into this 1 day, December 2015, by and between the
MAPLE GROVE PARKS AND RECREATION BOARD (hereinafter `BOARD") and of. LOOKOUT
BAR & GRILL ("PROVIDER").
RECITALS
The BOARD operates the Maple Grove Community Center (hereinafter "MGCC"), Town
Green (hereinafter "TG"), Central Park of Maple Grove (hereinafter "CP") and collectively
"MGCC/TG/CP/CP"), which include the following spaces: (i) the Banquet Room in the
MGCC seating 250; (ii) Senior Center in the MGCC seating 80 people; and (iii) Town Green
which can serve up to 1,000 people dependent upon the type of event. The MGCC space
includes a licensed kitchen, patio area, and related amenities for the Banquet Room and the
Senior Center (referred to as room 110/112). Town Green has power and water sources for
the PROVIDER.
Central Park has power and water sources in designated areas for the PROVIDER.
The MGCC/TG/CP is marketed to host private and public event such as meetings, corporate
functions, weddings, vendor shows, special events, banquets, anniversaries and community
activities. The Town Green and Central Park are specifically marketed to diverse
entertainment, large functions, weddings, meetings and other similar functions.
3. The BOARD desires to have PROVIDER be one of up to three beverage providers to perform
the services of providing intoxicating and non -intoxicating liquor for events at the
MGCC/TG/CP in the Banquet Room, Senior Center, Town Green, and Central Park. It is
understood that PROVIDER is willing and able to provide these services.
4. MGCC/TG/CP customers are required to use one of the up to three designated exclusive
beverage providers per the Board's approval.
5. The BOARD may choose up to three exclusive providers and has the right to add additional
providers.
6. The BOARD reserves the right to allow a Permit Holder to request authorization for a
temporary on -sale license for an event per the City of Maple Grove city code section 4.7(6)a
for pre -approved functions. For purposes of this Agreement the term "Permit Holder" shall
mean the customer renting facilities as the MGCC/TG/CP.
7. For purposes of this Agreement, a "catered event" is defined as an event where a contract for
services is executed between PROVIDER and a client to provide intoxicating and non -
intoxicating liquor at MGCC/TG/CP on a specific date.
NOW, THEREFORE, in consideration of the mutual promises set forth herein, it is agreed by and
between the BOARD and PROVIDER as follows:
SECTION 1
REPRESENTATIONS
PROVIDER represents that it is a ( ,V i" �, rt u,4 r 0 ___[insert type of entity) duly
organized, validly existing and in good standing with the State of Minnesota and that it has full power and
authority to enter into the Agreement and to carry out the activities required by the Agreement. PROVIDER
further represents that its agents, representatives and employees have the necessary education, training,
experience, certification, and licensing for purposes of servicing and performing this agreement for beverage
services with the BOARD. The BOARD represents that it has full power and authority to enter into this
Agreement.
SECTION 2
LOCATION OF SERVICES
PROVIDER services will be rendered at the MGCC, 12951 Weaver Lake Road, Maple Grove,
Minnesota 55369 in the Banquet Room and Senior Center; at Town Green located at 7991 Main Street, Maple
Grove Minnesota 55369; and at Central Park of Maple Grove located at 12000 Central Park Way, Maple
Grove MN 55369.
SECTION 3
PROVIDER DUTIES AND RESPONSIBILITIES
PROVIDER shall obtain and maintain at its sole expense all licenses and insurance necessary to permit
the sale of intoxicating and non -intoxicating liquor in conjunction with PROVIDER for events at the MGCC
and to perform beverage services at the MGCC/TG/CP as follows:
PROVIDER shall provide professional staff and maintain a consistently high level of service
and appearance;
2. PROVIDER shall be solely responsible for the recruitment, training, employment,
performance, and compensation of adequate staffing to provides services to MGCC/TG/CP
clients at each and every catered event requesting this beverage service to include weekdays,
weekends and holidays;
PROVIDER shall provide all intoxicating and non -intoxicating liquor and provide all supplies
necessary for a catered event. In addition, soft drinks to be used by the PROVIDER shall be
provided by the BOARD per Section 3.16 and Section 4.3 of this Agreement;
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4. PROVIDER shall provide a cash bar and hosted bar options to accommodate client needs.
The prices shall be subject to the review and approval of the BOARD representatives;
PROVIDER shall provide any additional beverage equipment and supplies not currently
located at MGCC/TG/CP, including, but not limited to, cups for beverage service.
Storage space is not available at MGCC/TG/CP and PROVIDER. The BOARD will approve,
in its sole discretions, storage allowance on a per event basis. PROVIDER shall be solely
responsible for all PROVIDER property brought and/or stored, including, but not limited to,
lost, damaged, or stolen items;
PROVIDER shall keep kitchen, storage area and beverage bars clean using the cleaning
products provided by the BOARD;
8. PROVIDER shall assist with cleaning of the Banquet Room, Senior Center in relationship to
catered events for beverage services in MGCC; and the catering space in the Central Park
building;
9. PROVIDER shall comply with all procedures and policies set by the BOARD pertaining to the
catering/beverage services provided at the MGCC/TG/CP;
10. PROVIDER shall serve all keg beer and champagne toasts and not allow wine or
champagne on the tables;
11. PROVIDER shall pour beverages in glass bottles and shall pour bottled beverages into a
plastic container when serving clients in Town Green and Central Park;
12. PROVIDER shall stop serving intoxicating and non -intoxicating liquor by 10:00 p.m.
Sunday through Thursday and by 12:00 a.m. (midnight) on Friday and Saturday at MGCC;
and by 10:00 p.m. daily at Town Green and Central Park.
13. PROVIDER agrees to meet all local, state, federal health regulations, codes, rules and
laws concerning food, non-alcoholic beverage services, and intoxicating and non -intoxicating
liquor;
14. PROVIDER shall be responsible for event arrangements as required by the BOARD
pertaining to the beverage service. All events are booked solely through the MGCC Rental
Coordinator, or designee. PROVIDER agrees to meet, at a reasonable time(s) prior to the
event, with MGCC/TG/CP and BOARD personnel and prospective MGCC/TG/CP clients to
agree upon beverage menus and fees;
15. PROVIDER is invited to reasonably participate in the sales and marketing of catering
services at MGCC/TG/CP;
16. Currently, the Board has an exclusive non-alcoholic beverage contract for the
MGCC/TG/CP (the "Exclusive Contract"). PROVIDER shall recognize and work within the
terms under the Exclusive Contract and use the non-alcoholic beverages the Exclusive
Contract vendor provides. When using the MGCC the PROVIDER shall utilize the MGCC
portable beverage bar. PROVIDER is responsible to provide own bar set up when serving at
Town Green;
17. PROVIDER shall serve intoxicating and non -intoxicating liquor only within designated
MGCC rooms and shall prohibit clients and their guests from removing intoxicating and non -
intoxicating liquor beverages from these rooms.
18. PROVIDER shall work cooperatively with the BOARD approved exclusive Food
Caterers (hereinafter the BOARD approved exclusive Food Caterers are referred to as "Food
Caterers").
19. PROVIDER shall make available for sale at each event a Minnesota -produced beer.
PROVIDER shall submit, prior to a catered event, a list of Minnesota produced beers that
PROVIDER intends to use at MGCC/TG/CP. PROVIDER is required to inform the BOARD
representative of any additions to the list prior to the event date. The list, and any additions or
deletions thereto, is subject to the review and approval of the MGCC/TG/CP Supervisor.
20. At the time a reservation for a catered event is made, a PROVIDER representative will
document the details of services required and charges for services using permits, invoices
and/or reservation agreements;
21. PROVIDER shall inform the BOARD of all changes to counts and documentation
utilized by PROVIDER for bookings at MGCC/TG/CP is subject to the review and approval
of the BOARD;
22. On -sale beverage fees shall be collected and/or recorded, by PROVIDER employees
when each transaction is made at the bar. PROVIDER is responsible to provider start up
money for all drawers. PROVIDER's representative will run cash register / point of sale tapes
to close out and balance the cash register/point of sale at the end of each catered event.
PROVIDER will be responsible for the safekeeping of all money from on -sale beverage
service. PROVIDER will be provided register by BOARD unless agreed upon that
PROVIDER uses own cash register which in this cash the BOARD must receive a copy of the
z tape or closeout tape for each register used for a catered event.
23. PROVIDER shall identify, prior to the catered event, the method of checking
identification, subject to the review and approval of the MGCC/TG/CP supervisor.
SECTION 4
BOARD'S DUTIES AND RESPONSIBILITIES
The BOARD agrees to provide the following:
1. The Banquet Room, Senior Center, Town Green and Central Park to provide beverage
services;
2. Provide current information on bookings for MGCC/TG/CP;
3. Provide One (1) portable bar with canned/bottled soda for up to twenty gallons / four tanks of
soda. Additional soda will be charged to the Provider at the then current rate. The
PROVIDER shall provide their own mixes such as club soda, tonic water and so on at their
own expense;
4. Provide products for the beverage bar using the company that holds the BOARD's exclusive
beverage contract for soft drin) products;
5. Provide non electronic style cooler for kegs at MGCC only;
6. Provide ice to the capacity of the ice machine in the catering kitchen at MGCC and on a
limited base at Central Park;
7. Provide limited refrigeration to be shared with the Food Caterer at MGCC only;
8. Set up of the tables and chairs in the MGCC Banquet Room. Coordinate the set up by
vendors for tables, chairs, tent or other equipment for Town Green and Central Park;
9. Utilities and water sources at MGCC/TG/CP;
10. Basic custodial services for set-up and clearing of the room and cleaning supplies to maintain
kitchen equipment at MGCC; Town Green and Central Park;
11. Licensed kitchen facility, as it exists at the MGCC and payment for the licensed kitchen to the
Hennepin County Environmental Health Department;
12. Provide facility access to unload supplies by PROVIDER personnel at the caterer's entrance or
alternate entrance to access to bring supplies in to the respective venue should an unforeseen
situation occur; and access to Town Green per the identified trails.
13. The BOARD agrees to restrict the catering services provided at the MGCC/TG/CP to
PROVIDER and two other approved Beverage Providers, exclusively for the serving
intoxicating and non -intoxicating liquor at catered events held at the MGCC/TG/CP.
14. MGCC/TG/CP is responsible to provide a security guard for events serving intoxicating and
non -intoxicating liquor. The times required shall be confirmed with PROVIDER and the client
no later that two business weeks prior to an event.
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SECTION 5
Financial Arrangements
The BOARD will receive 25% of all gross sales generated from the beverage services
scheduled. Gross Sales shall exclude tax, gratuity or other service charges (the "Commission Revenue").
Charges shall be on all intoxicating and non -intoxicating liquor and non-alcoholic beverages served as apart of
the PROVIDER arrangement with the client.
The collection of deposits and fees for all beverage service charges are the sole responsibility
of the PROVIDER. Non-payment by a client to the PROVIDER for services rendered shall not nullify the
required payment to the BOARD by the PROVIDER of the Commission Revenue.
3. The PROVIDER agrees to pay the BOARD the Commission Revenue based upon the final
billing for each event in a given month. The PROVIDER is responsible to provide one copy of the final billing
for each event and the total commission revenue in the form of a check made payable to the Maple Grove
Parks and Recreation for a given month to the BOARD's Rental Coordinator by the 151 of the following
month. The PROVIDER must make the payment by the 15' of the following month or be subject to the
eighteen percent (18%) annual interest rate on delinquent payments.
4. The BOARD reserves the right to inspect all financial records for an event. PROVIDER must
provide documentation within two business days upon request. A MGCC/TG/CP or BOARD representative
will collect the room rental fee, room deposit and rental equipment fee.
SECTION 6
STATUS OF PROVIDER
This Agreement call for the performance of beverage services by PROVIDER as an independent
contractor, and PROVIDER, its employees, agents or representatives will not be considered employees of the
BOARD for any purposes. All persons employed by PROVIDER shall be the sole and exclusive employees of
PROVIDER and shall be paid by PROVIDER. With respect to such employees, PROVIDER shall accept full
and exclusive liability for all applicable social security, unemployment, workers' compensation, or other
employment taxes or contributions of insurance, and all employee benefits, and shall comply with all federal
and state laws and regulations relating to employment generally, minimum wages, social security,
unemployment insurance, and workers' compensation. Certificates evidencing compliance with the foregoing
shall be submitted to the BOARD as reasonable requested by the BOARD.
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SECTION 7
INTEREST OF PROVIDER
PROVIDER covenants and guarantees that PROVIDER has no interest and shall not acquire any
interest, direct or indirect, financial or otherwise, that would conflict in any manner or degree with the
performance of services requested by this Agreement.
SECTION 8
NON -ASSIGNABILITY
PROVIDER recognizes that this Agreement cannot be transferred, assigned or subcontracted by
PROVIDER.
SECTION 9
IDENTIFICATION OF PERSONNEL
PROVIDER shall provide appropriate identification of its agents, employees, and representatives
during the performance of the Agreement at the MGCC/TG/CP as agreed upon between BOARD and
PROVIDER. PROVIDER acknowledges and recognizes that it is a fair and equal opportunity employer and
that its employees, representative, and agents have had training in sexual harassment, gender sensitivity, and
cultural diversity.
The PROVIDER shall not utilize or allow any of its employees to have a current criminal conviction,
which directly relates to his/her position of employment (assignment) to include theft, any sex offense, assault,
and possession of stolen property.
The PROVIDER shall, complete a background investigation including a criminal record investigation,
regarding each person they have assigned to work at the MGCC/TG/CP. The criminal investigation shall be
kept current for each employee during the duration of this contract and shall be made available to the BOARD
upon request.
SECTION 10
WORKER'S COMPENSATION
By executing this Agreement, PROVIDER certifies that they have reviewed the provisions of the
Minnesota Statues with respect to worker's compensation, and PROVIDER restates that it is an independent
contractor and certifies that PROVIDER will comply with the provisions of the Worker's Compensation
Statute as an independent contractor before commencing the performance of work under this Agreement.
SECTION 11
INDEMNITY
In consideration of being allowed to use MGCC/TG/CP in the manner described herein, PROVIDER
hereby voluntarily assumes all risks of accident or damage to its property and to the persons and property of its
employees. PROVIDER hereby agrees to defend, indemnify and hold harmless the City of Maple Grove and
the BOARD, and their respective officers, employees, agents and insurers from damages solely caused by the
intentional and negligent actions of PROVIDER, its representatives and employees.
PROVIDER indemnifies and holds harmless the City of Maple Grove and the BOARD, and their
officers, employees and agents, against any and all claims, losses, liabilities, damages, costs and expenses,
(including costs of defense, settlement and reasonable attorney's fees by reason of liability imposed by law
upon City of Maple Grove and the BOARD) for claims or damages as a result of bodily injury, including
death, at any time resulting there from sustained by any person or persons or on account of damaged property,
including lessor, arising out of or as a consequence of performance of the services provided by PROVIDER
pursuant to this Agreement caused by the acts or omissions of PROVIDER. This indemnification provision
shall survive the expiration or earlier termination of this Agreement.
SECTION 12
INSURANCE AND LICENSES
Beverage Providers will be responsible to hold current on -sale liquor licenses through the City of
Maple Grove. Prior to performing beverage provider services, the selected Beverage Provider will file with
the MGCC Manager a policy or certificate of insurance which in addition to the current code requirements for
on -sale liquor licenses (Article XII, Sec. 16-431), the City of Maple Grove and the BOARD shall be named as
an additional insured as Beverage Provider at the MGCC/TG/CP, 12951 Weaver Lake Road, Maple Grove MN
55369; 7991 Main Street, Maple Grove, MN 55359 and 12000 Central Park Way, Maple Grove MN 55369
respectively; and the policy or certificate of insurance shall so state this. Violations on site or in the
establishments will jeopardize the ability to continue being a Beverage Provider at the Maple Grove
Community Center. The BOARD may immediately terminate this Agreement if the PROVIDER fails to
continually comply with this Section to the satisfaction of the BOARD. PROVIDER shall be licensed and
bonded by the State of Minnesota.
PROVIDER is informed that at the time of sign this agreement that City Code Section 16-431(3)
states: An insurance policy or certificate of insurance acceptable to the city and issued by an insurer
authorized to do business in the state for the following minimum coverage for the period of the license:
Bodily injury — Each person limit
$500,000
Bodily injury — Each occurrence limit
$500,000
Property damage — Each occurrence limit
$500,000
Loss of means of support — Each person limit
$500,000
Loss of means of support — Each occurrence limit
$500,000
Annual aggregate limit
$500,000
In addition to the requirements of the licensee, licensee shall file with the city clerk a comprehensive
general liability policy or certificate of insurance on an occurrence basis for the period of the license,
acceptable to the city. And issued by an insurance company authorized to do business in the state for the
following minimum coverage;
General Aggregate
$1,500,000
Product — Comp/ops aggregate
$500,000
Personal and Advertising injury
$500,000
Each occurrence
$500,000
SECTION 13
GOALS, PRINCIPALS AND POLICIES
In connection with the exercise of this Agreement, PROVIDER shall act in a manner consistent with
the BOARD'S basic goals, principals and polices for the MGCC/TG/CP.
SECTION 14
GOOD FAITH
In the event that any agreement, approval, consent or other action or decision is permitted or is
required hereunder, the parties shall act in good faith and in a reasonable manner in connection therewith.
SECTION 15
NON-PERFORMANCE
It is the PROVIDER's responsibility to familiarize itself, its supervisors and its crews as to the
requirements of the contract and to perform all tasks in an acceptable and timely manner. It is not the
BOARD's responsibility to remind the PROVIDER of the contract requirements.
PROVIDER will be provided the opportunity to request renewal of the agreement approximately six
(6) months prior to the expiration date. If the agreement is not renewed, PROVIDER will remain responsible
for providing services to rentals booked at MGCC/TG/CP for which they had committed to at the time of the
agreement termination.
SECTION 16
IMPLEMENTATION OF AGREEMENT
PROVIDER will designate personnel, and give notice to the BOARD, prior to be allowed to provide
service under this Agreement, of its designation, whose responsibilities shall be reasonably working with the
BOARD, in coordinating and implementing this Agreement.
SECTION 17
TERM
This agreement shall commence on January 1, 2016 and remain in force, untH December 31, 201
unless earlier terminated as set forth herein. If the PROVIDER'S contract is not renewed, PROVIDER will
remain responsible for providing services to the rentals booked at MGCC/TG/CP for which they had
committed to tat the time of contract termination.
The MGCC Manager and the PROVIDER shall reasonably cooperate to resolve any breach of this
Agreement. If the breach is not cured within 30 days of notice being provided, either party may terminate this
agreement. The BOARD may, based on its sole and absolute discretion, terminate the agreement on thirty (30)
days written notice to PROVIDER with PROVIDER retaining, at the discretion of the BOARD, the right to
perform any existing contracted business beyond thirty (30) days. The BOARD shall immediately terminate,
without the option to cure, the agreement if there are service, performance, health or safety issues that are
impeding the success of reserved events (in the sole discretion of the BOARD), including, but not limited to,
lack of license and bonding by the State of Minnesota and no insurance coverage pursuant to this Agreement.
At the discretion of the MGCC manager, the caterer will remain responsible for providing service to
the rentals booked at MGCC/TG/CP for which they had committed at the time of the written notification.
SECTION 18
MISCELLANEOUS
This Agreement contains all the terms and conditions of the Agreement, and any alterations or
variations of the terms of the Agreement shall be invalid unless made in writing and signed by the parties.
There are no other understandings, representations, or agreements, written or oral, not incorporated herein. If
any part of this Agreement is declared null and void by law, the remaining paragraphs of this agreement shall
be valid.
All notices and other communication provided for in this Agreement shall be in writing and shall be
personally delivered or sent by a reputable private commercial courier service or sent United States registered
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or certified mail, postage pre -paid, return receipt requested, to the Parties at the following addresses until such
time as written notice of a change of address is delivered to the other party:
If to the BOARD:
Maple Grove Parks and Recreation Board
12951 Weaver Lake Road
Maple Grove, Minnesota, 55369
Attn: Director of Parks and Recreation
If to the City of Maple Grove:
City of Maple Grove
P.O. Box 1180
12800 Arbor Lakes Parkway
Maple Grove, MN 55311
Attention: City Administrator
If to PROVIDER:
Lookout Bar & Grill
8672 Pineview Lane North
Maple Grove MN 55369
Attention: Mike Kinnan, Owner/General Manager
The BOARD and PROVIDER agree to execute, acknowledge, and deliver all contracts, agreements,
and other documents and take all actions necessary or desirable to comply with the provisions of this
Agreement and the intent hereof.
This Agreement is governed by and is to be interpreted pursuant to the laws of the State of Minnesota.
The BOARD and PROVIDER each consent to the personal jurisdiction of the District Court of Hennepin
County, Minnesota, in any action, suit, or proceeding arising under this Agreement.
This Agreement is for the sole and exclusive benefit of the parties hereto and their respective
successors and assigns, and no third parties are intended to or shall have any rights hereunder.
Any change to or modification of this Agreement must be in writing signed by both parties. This
Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of
which together shall constitute one in the same instrument. The captions for each section of this Agreement
are intended for convenience only and shall not be deemed to construe or limit in any manner this Agreement.
This Agreement is separate and independent of any other document, agreement, or understanding of the
parties.
PROVIDER understands and agrees that all of the data created, collected, received, stored, used,
maintained, or disseminated by PROVIDER in performing its obligations under this Agreement is subject to
the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, as, amended, and that
PROVIDER must comply with the requirements thereof as if it were a government entity. PROVIDER further
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understands and agrees that the remedies set forth in Minn. Stat. § 13.08 apply to PROVIDER in connection
with such requirements.
(Rest of page intentionally left blank for copying purposes)
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IN WITNESS WHEREOF, the parties have executed this Beverage Provider Agreement that day and year
first above written.
BOARD (MAPLE GROVE PARKS AND RECREATION BOARD)
Dater �.
By:
Its: Director
Date:
PROVIDER
By: C C.-C. G c�
Its: m au�_ (C - AAa
Date:
Its:
Date:
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