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6.1 SR FT Center Concessions and Catering Direction Discussion Item To Item Number Multipurpose Facility Advisory Commission 6.1 Agenda Section Meeting Date Prepared by Discussion April 10, 2023 Tim Dalton, FT Center Superintendent Item Description Reviewed by FT Center Concessions and Catering Direction Reviewed by Background/Discussion The FT Center has staffed and managed the concession stand beginning with the high school/MN Squatch games for the 2022-2023 season. Since then, we have evolved to servicing our customers 7 days a week from January 1 through March. Moving forward, staff is looking for direction on how the Commission would like to proceed with the concession and catering in the future. Attached are documents regarding the revenue earned during this season, as well as information on the current approved caterers who may be a resource for food service in the future. Financial Impact Making decisions about the future of the concession stand will affect the FT Center budget and set a precedent for revenue in the future. Mission/Policy/Goal Providing consistent, quality food service will provide a positive experience for our customers encouraging extended time in the facility and meeting the needs of our various usergroups. Attachments 6.1 at1 Approved Caterer List 6.1 at2 Catering Contract 6.1 at3 Caterer Agreement Supporting Information 6.1 at4 Caterer Packet 6.1 at5 Concessions Revenue 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 Select CaterersContact Information Big Bore Barbecue 10940 4th St NE Hanover, MN 55341 www.bigborebarbecue.com/catering For all catering inquiries-please email Stevie Blumb -Catering Coordinator Stevie@bigborebarbecue.com (763) 344-2184 Rockwoods 9100 Quaday Ave NE Otsego, MN 55330 www.rockwoodsmn.com events@rockwoodsmn.com 763.441.6375 Route 65 Catering 18407 Hwy 65 NE East Bethel, MN 55011 route65pub@gmail.com www.rout65pubngrub.com Brad -763-242-1984 UniqueDining Experiences 13545 Martin St.NW Andover, MN 55304 www.udecatering.com emily@udecatering.com 763.516.6986 AGREEMENT FOR CATERING SERVICE THIS AGREEMENT, made and entered into this ____day of ___________, 20____, by and between the 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 Furniture and Things Community Event Center FTCENTERan 85-seat meeting room, dividable into two spaces seating 40 for dining, a 50-seat party room, dividable into two spaces seating 25 each, an open lounge/lobby dining/event area seating 145 persons, and a flex space that seats up to 60 for dining. The FTCENTER also features an attractive Senior Activity Center, with a fireplace and several full-length windows, suitable for intimate gatherings, mixers, and events. Additionally, the FTCENTER features a turf field house that can accommodate large, seated events of over 500. The FTCENTER has a catering kitchen that offers, two sinks, prep space, serving counter with window, commercial catering refrigerator and warmer. The FTCENTER also has a concession stand, and two NHL size ice arenas; the Cornerstone Automotive Arena and the Kiser Construction Arena, both can be configured to host large events when ice is not present. 3. The FTCENTER Community Rooms will be marketed to host meetings, business groups, weddings, receptions, special events, team parties, corporate gatherings, and other large community activities. 4. The City desires to have CATERER as one of a group of approved food and beverage providers to perform the food, beverage, and related catering services at the FTCNTER. 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 FTCENTERas follows: (a) CATERER shall provide clients with price lists and menu selections to accommodate their needs for events held at the FTCENTER that require food and beverage; (b) CATERER agrees to meet with prospective FTCENTER 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 FTCENTER 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 FTCENTER Management; (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 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 FTCENTER clients, which may incur a charge to the client; (g) CATERER shall participate in the sales and marketing of catering services at FTCENTER as well as participate in up to two expos or similar events held at the FTCENTER per year to promote the facility and catering services, any costs to the CATERER will be limited in scope and subject to agreement between the CATERER and the FTCENTER Management. (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 FTCENTER Management; (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 Rental Rooms in connection with catered events (including clearing of all tables, tablecloths and skirting); (l) CATERER shall remove all catering equipment from FTCENTER 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 FTCENTER is not responsible for any items left by the CATERER. Storage space is limited and available only by permission of the FTCENTER Management on a per event basis; (m) CATERER shall comply with all procedures and policies set by FTCENTER pertaining to the catering services provided at the FTCENTER; 2 (n) CATERER shall provide any additional food preparation equipment not currently located in the FTCENTER kitchen and all necessary serving utensils, including plates, glassware, silverware, pots, pans and linensat 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 FTCENTER 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 the designated rental spaces and shall prohibit clients and their guests from removing alcoholic beverages from the designated rental spaces. At its discretion, the City may require police presence during any event where alcohol is served. SECTION II LOCATION OF SERVICES It is understood that CATERER services will be rendered at the Furniture and Things Community Event Center, 1000 School Street, Elk River, Minnesota, 55330. SECTION III EXCLUSIVITY The City agrees to restrict the catering services provided at the FTCENTER to CATERER and a group of approved caterers for the events held at the FTCENTER, except for clients exempted by the City including recreation programs. If The City receives a request for food services that the approved caterers agree they cannot fulfill, The City reserves the right to allow an exception to a licensed caterer. 3 SECTION IV FTCENTER RESPONSIBLITIES A.The City agrees to provide the following: 1. Community Rooms; 2. Catering Kitchen facilities (at least for the day of the event); 3. CATERERS contact information to all clients needing food and/or beverage; 4. Utilities; 5. Basic custodial services for set-up and clearing the room; 6. Tables and chairs for the Rental Rooms; 7. Ice machine; 8. Maintenance and support as determined by the City. 9. 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 FTCENTER rental coordinator to confirm the booking; 2. FTCENTER 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 (or similar procedure approved by the City, to assure accuracy of sales). CATERER will be responsible for the safekeeping of all money from on-sale beverage service. 4 SECTION V PAYMENT CATERER will be based on the following formulas: 1. 10% 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. 20% of all bar sale gross revenues from all events where the bar is open. 4. Gross sales shall exclude tax and service charges. Payments shall be made to The City of Elk River, in care of the Furniture and Things Community Event th Center Superintendent, on or before the 15 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 Elk River. Non-payment by a client to the CATERER for services rendered will not negate payment of the commission revenue to the FTCENTER. CATERER agrees to provide appropriate documentation to the satisfaction of the FTCENTER 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. 5 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 FTCENTER management 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 FTCENTER. 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, in compliance with all applicable federal, state and local laws and regulations. SECTION X 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 will comply with the as an independent contractor before commencing the performance of work under this Agreement. 6 SECTION XI INDEMNITY CATERER shall indemnify the Cityof Elk Riverand the Furniture and Things Community Event Center against any and all losses, liabilities, damages, costs and expenses, (including costs of defense, settlement 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 Furniture and Things Community Event Center. City of Elk River listed as an additional named insured with respect to activities involving the Furniture and Things Community Event 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. Statutory limits $100,000 each accident $100,000 disease each employee $500,000 accident or disease policy limit Liquor Liability Insurance 7 Minimum of $1,000,000 in liquor liability insurance City of Elk River listed as an additional named insured 30 day written notice of cancellation Furniture and Things Community Event Center specifically shown as a covered location CATERER shall provide the City annually with certificates of insurance as evidence of compliance. CATERER 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 principals, and policies. SECTION XIV IMPLEMENTATION OF AGREEMENT CATERER will designate personnel whose responsibilities shall be working with the City, in coordinating and implementing this Agreement. SECTION XVI TERM This agreement shall commence on December 1, 2022, and remain in force until December 31, 2023, unless terminated as provided in this Section. The FTCNTER Management 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 party 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 8 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. 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. CATERER CITY OF ELK RIVER ________________________________ By: _____________________________ By: __________________________________ Timothy Dalton, Superintendent ______________________ Furniture and Things Community Event Center 9 Furniture and Things Community Event Center Select Caterer Agreement Supporting information In addition to the signed Select Caterer Agreement, please provide the following items: 1) Name, address, phone, fax, e-mail, and website address of the responding company. 2) Name, address, phone, fax, e-mail, of representative of responding company. 3) History of company. 4) General description of catering services. 5) Sample menus including current prices. Please include all costs. 6) A price list for all alcoholic beverages and services. 7) Identify any additional fees for services. 8) Provide a booklet or handout to use in promoting menus with current prices. 9) Provide three business/professional references. 10) Provide all required state and local liquor licenses. 11) Provide a listing of any alcohol related violations. 12) Provide all required state and local food handling and catering licenses and permits. 13) Provide proof of all required insurance and bonding requirements outlined in the agreement. 14) Statement of a marketing plan with goals and objectives 15) Statement of intent to stay current with license and insurance and adhere to city/county/state codes applicable to serving food and alcohol. 16) Statement of capability for licensing, bonding, and insurance. 17) Statement of why your company is the best business to fit the needs of the FTCenter. Send responses and any requests for information to: Tim Dalton Furniture and Things Community Event Center 1000 School Street Elk River, MN 55330 Direct: 763-635-1153 Email: tdalton@elkrivermn.gov