Agenda Packets - 2000/03/27 - Laserfiche WebLink

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The City shall receive all payments from Center and Facility patrons for services provided. Advances and/or deposits will not be considered revenue until such time as the related event has occurred. Any charges for damages will not be considered revenue for purposes of calculating payments to ETC. Discounts and credit card processing fees as well as sales tax charges will be considered deductions from revenues for purposes of calculating payments. Within three weeks of an event, the City will remit to ETC ninety-two and one-half (92.5) percent of the amount invoiced for services provided by ETC, less the deductions noted above, provided, however, that for any additional charges that are warranted and invoiced after the event, ETC=s percentage of such amounts will not be paid until collected by the City. In addition, if any renter includes an additional amount above the amount invoiced as a tip or gratuity, such amount shall be remitted in its entirety (less any credit card processing fees) to ETC. The remaining seven and one-half (7.5) percent of the amount invoiced for services provided by ETC less the deductions noted above, shall be retained by the City as its commission and processing fee. ARTICLE IV: DUTIES AND RESPONSIBILITIES The City and ETC recognize and acknowledge that the Mounds View Community Center has multiple tenants who share the use of some areas of the Center and agree to cooperate in effectively operating and maintaining such areas for the good of all the users of the Mounds View Community Center. A. ETC=s Duties and Responsibilities. ETC shall devote its best efforts to providing catering and food services and marketing such services at the Facility. ETC shall provide quality service to customers. All services provided by ETC, ETC=s officers, agents, and employees pursuant to this Agreement shall be provided by the company and such persons as an independent contractor and not as an employee of the City for any purpose, including but not limited to income tax withholding, workers= compensation, social security and Medicare taxes, liability for torts, and eligibility for employee benefits. In addition, ETC agrees to do the following: 1. Defend, indemnify and hold harmless the City, its elected officials, officers, employees, agents and representatives, from and against any and all claims, costs, losses, expenses, demands, actions or causes of action, including reasonable attorneys fees and other costs and expenses of litigation, which may arise out of this Agreement for services provided by ETC hereunder. Nothing in this paragraph shall be deemed to be a waiver by the City of any limitations on liability set forth in Minnesota Statutes, Chapter 466. 2. Data provided under this Agreement shall be administered in accordance with Minnesota Statutes, Chapter 13 – The Minnesota Data Practices Act, and all data on individuals shall be maintained in accordance with statutory guidelines. 3. Provide all customary services provided by a caterer and food service provider, including, but not limited to, the following: