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Feb-12-99 12:51pm From-KENNEDY GRAVEN +6123379310 T-384 P.04/11 F-857 <br /> The City shall receive all payments from center and facility patrons for services provided. <br /> Advances/deposits will not be considered revenue until such time as the related event has <br /> occurred. Any charges for damages will not be considered revenue for purposes of calculating <br /> payments to Waste. Discounts and credit card processing fees as well as sales tax charges, will be <br /> considered deductions from revenues for purposes of calculating payments. <br /> Within three weeks of an event,the City shall remit to Waste ninety (90)percent of the amount <br /> invoiced for services provided by Waste,less the deductions noted above,provided, however, <br /> that for any additional charges that are warranted and invoiced after the event, Waste's <br /> percentage of such amounts will not be paid until collected by the City. In addition, if any renter <br /> includes an additional amount above the amount invoiced as a up or gratuity, such amount shall <br /> be remitted in its entirety (less any credit card processing fees)to Waste.The remaining ten(10) <br /> percent of the amount invoiced for services provided by Waste less the deductions noted above, <br /> shall be retained by the City as its administrative fee and processing fee. <br /> ARTICLE IV: DITTIES AND RESPONSIBILITIES <br /> The City and Waste recognize and acknowledge that the Mounds View Community Center has <br /> multiple tenants who share the use of some areas of the Center and agree to cooperate in <br /> effectively operating and maintaining such areas for the good of all the users of the Mounds <br /> View Community Center. <br /> A. Waste's Duties and Responsibilities. Waste shall devote its best efforts on a contract <br /> basis to providing liquor catering services and marketing such services at the Facility. Waste <br /> shall provide quality service to customers. AU services provided by Waste,Waste's officers, <br /> agents, and employees pursuant to this Agreement shall be provided by Waste and such persons <br /> as an independent contractor and nor as an employee of the City for any purpose,including but <br /> not limited to income tax withholding,workers' compensation, social security and Medicare <br /> taxes,liability for torts, and eligibility for employee benefits. In addition, Waste agrees to do the <br /> following: <br /> 1. Defend, indemnify and hold harmless the City,its elected officials, officers,employees, <br /> agents and representatives, from and against any and all claims,costs,losses,expenses, <br /> demands,actions or causes of action,including reasonable attorneys fees and other costs <br /> and expenses of litigation,which may arise out of this Agreement for services provided <br /> by Waste hereunder. Nothing in this paragraph shall be deemed to be a waiver by the <br /> City of any limitations on liability set forth in Minnesota Statutes,Chapter 466. <br /> 2. Data provided to Waste under this Agreement shall be administered in accordance with <br /> Minnesota Statutes, Chapter 13—The Minnesota Government Data Practices Act, and all <br /> data on individuals shall be maintained in accordance with statutory guidelines. <br /> 3. Provide all customary services provided by a liquor catering service provider, including, <br /> but not limited to,the following: <br /> SJR-156;45 3 <br /> Mt12o5.4 <br />