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The City will make monthly payments to Images based upon actual gross revenues. Payments <br /> with be made within fifteen(15) days following the end of the month for that month's actual <br /> gross revenues. <br /> ARTICLE III: DUTIES AND RESPONSIBILITIES <br /> The City and Images recognize and acknowledge that the Mounds View Community Center <br /> includes the Facility and the Center, in addition to space that is currently being used for <br /> community education and day care and agree to cooperate in effectively operating and <br /> maintaining Facility for the good of all the users of the Mounds View Community Center. Both <br /> parties also recognize that the Facility is a smoke free building and will undertake actions to <br /> insure that no smoking is allowed in the Mounds View Community Center. <br /> A. Images's Duties and Responsibilities. Images will be responsible for the management, <br /> marketing, reservations and events at the Facility. Images shall devote its best efforts to manage <br /> and market the Facility. Images will achieve marketing, sales, profitability and quality service <br /> goals for the Facility by executing marketing strategies,providing quality service to the <br /> customers, and employing leadership and managerial skills effectively. All services provided by <br /> Images, Images' officers, agents, and employees pursuant to this Agreement shall be provided by <br /> such companies and persons as an independent contractor and not as an employee of the City for <br /> any purpose, including but not limited to income tax withholding, workers' compensation, social <br /> security and medicare taxes, liability for torts, and eligibility for employee benefits. In addition, <br /> Images agrees to do the 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 Images 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. Administer all data under this agreement in accordance with Minnesota Statutes, Chapter <br /> 13 - Data Practices Act Compliance, and all data on individuals shall be maintained in <br /> accordance with statutory guidelines. <br /> 3. Prepare an annual budget each year for the ensuing year, including estimated rentals, <br /> revenues and expenses for the Facility. A preliminary budget will be provided to the City <br /> on or before August 1 of each year and will be updated as new information becomes <br /> available. The City Council will adopt a final budget on or before December 31 of each <br /> year. <br /> 4. Develop five year and ten year capital improvement plans for the Facility in conformance <br /> with City Charter requirements. The improvement plans will include building and <br /> equipment maintenance, replacement and/or enhancements. Images shall work with the <br />