6.3 MFACSR 10-10-2022
Discussion Item
To Item Number
Multi-Purpose Facility Advisory Commission 6.3
Agenda Section Meeting Date Prepared by
Discussion October 10, 2022 Tim Dalton, FTCENTER Superintendent
Item Description Reviewed by
Discuss direction and options for catering and
concession services at the Furniture and Things
Reviewed by
Community Event Center
Action Requested
Review options for future catering policy, caterer approval process and food service contracts at the Furniture and
Things Community Event Center. Additionally, discuss options going forward for concession/cafe services.
Background/Discussion
Serrano Brothers Catering has indicated 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. Staff will review the types
of agreements and seek direction regarding the requirements needed.
In the short term, we need to decide if we want to have a limited pool of catering vendors (3-5) or allow any
caterers that would qualify by meeting the established protocols of our application process to cater events in the
FTCENTER.
In the long term, we need to consider if we want to look at returning to an exclusive food service provider
contract like the management agreement that was in place with Serrano Brothers.
Regarding Concessions: Discuss options to restore concession services in the short term.
Options/Considerations:
Open concessions with building staff.
Reach out to a food service provider or partner with community service group to provide concession
services.
Establishing daily full-service concessions may be challenging, we may want to consider a minimum level
of service i.e., HS games, Jr. games, Youth hockey tourneys, and building events, (makers markets/home
shows, etc.).
Financial Impact
Development of a food service policy will impact revenue collected from events at the Furniture and Things
Community Event Center.
Mission/Policy/Goal
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity.
Updated: August 2020
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)
N:\\Departments\\Parks and Recreation\\Multi Purpose Facility\\Advisory Commission\\2022\\10-10-2022 MPF ADVISORY COMMISSION\\6.3 sr Catering Concessions
Discussion 10 10 2022.docx
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!21
AGREEMENT FOR CATERING SERVICE
THIS AGREEMENT FOR CATERING SERVICE Agreementis made and
entered into this day, 2022 Effective Date, by and between the
MAPLE GROVE PARKS AND RECREATION BOARD (hereinafter BOARD
______________________________________\[enter entity name\] (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 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
Amenity Areaand 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
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;
5. 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;
2
6. 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 Rental Coordinator Rental
Coordinatorwho the contact person is for each Catered
Event (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
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
Permit Holder
MGCC;
9. 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 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 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 Senior Programswill
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 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. 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.
4
SECTION 4
BOARD
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;
6. 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;
8. 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;
9. 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
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;
5
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 MGCC Manager (herein
MGCC Manageror 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 BOARDCatering 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 Commissionbased on the following formula
(heCommission 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 1am), all day events scheduled on Fridays
(8am 1am), 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.
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
6
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
th
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, unem
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, unemploy 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
By executing this Agreement, CATERER certifies that they have reviewed the provisions of the
CATERER restates that it is an
independent contractor and certifies that CATERER shall
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 Indemnified
Parties, against any and all claims, losses, liabilities, damages, costs and expenses, (including costs of
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
8
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
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
$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
9
insurance shall be grounds for automatic termination of the agreement with the select
exclusive caterer.
(5)
Guide of A-
(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 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 CATERERitself to the requirements of this Agreement and
to perform all tasks in an acceptable and timely manner. It is not the BOARD
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.
SECTION 16
This Section intentionally left blank
10
SECTION 17
TERM
This Agreement shall commence on the Effective Date and remain in force until December 31,
2022 Termunless 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.
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:
Business
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
By:
Its: Chair
Date:
By :
Its: Director
Date:
CATERER
By:
Its:
Date:
By:
Its:
Date:
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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.
$50.00 Catering Application fee at the time of submittal (non-refundable) in a check made
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
Provide all catering and food licensures with the State of Minnesota
Provide all business documents bonded with the State of Minnesota
Provide all Certificates of Insurance with the Maple Grove Parks and Recreation Board
listed as additionally insured
Provide all contact information, menus, and marketing materials with application
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:
mgccrentals@maplegrovemn.gov
Applications will only be reviewed and processed when all documents and application fee have
both been received.
CATERING AGREEMENT APPLICATION
Maple Grove Community Center
12951 Weaver Lake Road Maple Grove, MN 55369
http://maplegrovecommunitycenter.org (763)494-6500 mgccrentals@maplegrovemn.gov
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
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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
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.
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
$100,000 E.L. Each Accident
$100,000 E.L. Disease EA Employee
$500,000 E.L. Disease Policy Limit
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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.
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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
e Grove Parks and Recreation Board
RECITALS
1.
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.
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.
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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.
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. 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.
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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
MGCCBanquet Room ;
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.
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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
:
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 1am), all day
events scheduled on Fridays (8am 1am), 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.
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 | Page
NON-PERFORMANCE
familiarize itself to the requirements of this
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
TERM
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 2022,
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.
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