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Home My WebLink AboutItem 06.hJune 20, 2016 Item No. AGREEMENT WITH COOK FOR YOU AT THE DEPOT, INC. (D.B.A. THE DEPOT BAR & GRILL) FOR ANTLERS PARK Proposed Action Staff recommends adoption of the following motion: Move to approve agreement with Cook for You at the Depot, Inc. (D.B.A. The Depot Bar & Grill) for Antlers Park. Overview Staff has recently been contacted by The Depot Bar & Grill regarding the sale of items such as bratwursts, hot dogs, and bottled water on July 2, 3, and 4 utilizing a mobile food unit at Antlers Park. Attached is an agreement with The Depot Bar & Grill which will allow the vendor to sell the products on those particular days at Antlers Park. Consistent with past practice with mobile food vendors at Antlers Park, the vendors shall pay the City 10% of the vendor's gross receipts from the sales. The agreement also requires the vendor to provide the appropriate insurance coverage and a Minnesota Department of Health license. Primary Issues to Consider • The Depot Bar & Grill is a reputable company that provides quality food Supporting Information • Agreement Financial Impact: $ Budgeted: Y❑ N❑ Source: Related Documents: (CIP, ERP, etc.): Envision Lakeville Community Values: A Sense of Community and Belonging Report Completed by: John Hennen, Parks & Recreation Director AGREEMENT AGREEMENT made this 20th day of June, 2016, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation ("City") and COOK FOR YOU AT THE DEPOT, INC., a Minnesota corporation, doing business as, THE DEPOT BAR & GRILL ("Vendor"). IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES AGREE AS FOLLOWS: 1. LEASE. The City leases to Vendor on a non-exclusive basis property at Antlers Park to use the property in accordance with the Agreement on July 2, 3 and 4, 2016 to allow Vendor to sell items such as bratwursts, hot dogs, and bottled water. Vendor leases the property on an `.AS IS" basis. Vendor agrees to keep the property neat and orderly and to pick up and litter and to prevent any waste, loss or damage to the property. 2. COMPENSATION. Vendor shall pay the City 10% of Vendor's gross receipts from sales. Vendor shall maintain complete and accurate records of its receipts and shall provide the City a copy of the records with its payment to the City. Vendor shall make payment to the City by July 25, 2016. 3. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services hereunder, Vendor shall obtain all necessary permits and shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of authorized sales including any rules concerning the use of City property that the City may from time to time impose. Vendor shall provide a copy of a Minnesota Department of Health/ Department of Agriculture license. 4. STANDARD OF CARE. Vendor shall exercise the same degrees of care, skill, and diligence in the performance of the services as is ordinarily possessed and exercised by a Vendor under similar circumstances. Vendor shall keep the City property free of all refuse, garbage, litter and abandoned property. Vendor shall repair or replace any City property damaged by vendor, its employees or customers. 5. INDEMNIFICATION. Vendor shall indemnify and hold harmless the City, its officers, agents, and employees, of and from any and all claims, demands, actions, causes of action, including costs and attorney's fees, arising out of or by reason of the execution or performance of the work or services provided for herein and further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising hereunder. 6. INSURANCE. Vendor shall secure and maintain such insurance as will protect Vendor from claims under the Worker's Compensation Acts, automobile liability, and from claims for bodily injury, death, or property damage which may arise from the performance of services under this Agreement. Such insurance shall be written for amounts not less than: Commercial General Liability $2,000,000 each occurrence/aggregate 1 187596] The City shall be named as an additional insured on a primary and noncontributory basis on the commercial general liability policy. Before commencing work, Vendor shall provide the City a certificate of insurance and a copy of the endorsement page evidencing the required insurance coverage in a form acceptable to City. Provider's policies and Certificate of Insurance shall contain a provision that coverage afforded under the policies shall not be cancelled without at least thirty (30) days' advanced written notice to the City or ten (10) days' notice for non-payment of premium. 7. INDEPENDENT. Vendor is not an employee of the City and is free to contract with others. Vendor shall be responsible for selecting the means and methods of performing the work. Vendor shall furnish any and all supplies, equipment, and incidentals necessary for Vendor's performance under this Agreement. City and Vendor agree that Vendor shall not at any time or in any manner represent that Vendor or any of Vendor's agents or employees are in any manner agents or employees of the City. Vendor shall be exclusively responsible under this Agreement for Vendor's own FICA payments, workers compensation payments, unemployment compensation payments, withholding amounts, and/or self- employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. 8. ASSIGNMENT. Neither party shall assign this Agreement, or any interest arising herein, without the written consent of the other party. 9. WAIVER. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 10. ENTIRE AGREEMENT. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 11. CONTROLLING LAW/VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. In the event of litigation, the exclusive venue shall be in the District Court of the State of Minnesota for Dakota County. 12. COPYRIGHT. Vendor shall defend actions or claims charging infringement of any copyright or patent by reason of the use or adoption of any designs, drawings or specifications supplied by it, and it shall hold harmless the City from loss or damage resulting there from. 13. PATENTED DEVICES, MATERIALS AND PROCESSES. If the contract requires, or Vendor desires, the use of any design, devise, material or process 2 1875960 covered by letters, patent or copyright, trademark or trade name, Vendor shall provide for such use by suitable legal agreement with the patentee or owner and a copy of said agreement shall be filed with the City. If no such agreement is made or filed as noted, Vendor shall indemnify and hold harmless the City from any and all claims for infringement by reason of the use of any such patented designed, device, material or process, or any trademark or trade name or copyright in connection with the services agreed to be performed under the contract, and shall indemnify and defend the City for any costs, liability, expenses and attorney's fees that result from any such infringement. 14. RECORDS. Vendor shall maintain complete and accurate records of time and expense involved in the performance of services. 15. MINNESOTA GOVERNMENT DATA PRACTICES ACT. Vendor must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data provided by the City pursuant to this Agreement, and (2) all data, created, collected, received, stored, used, maintained, or disseminated by Vendor pursuant to this Agreement. Vendor is subject to all the provisions of the Minnesota Government Data Practices Act, including but not limited to the civil remedies of Minnesota Statutes §13.08, as if it were a government entity. In the event Vendor receives a request to release data, Vendor must immediately notify City. City will give Vendor instructions concerning the release of the data to the requesting party before the data is released. Vendor agrees to defend, indemnify, and hold City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Vendor's officers', agents', city's, partners', employees', volunteers' or assignees' unlawful disclosure and/or use of protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. 16. TERMINATION OF THE AGREEMENT. The City may terminate this Agreement or any part thereof at any time, upon written notice to Vendor, effective upon delivery including delivery by facsimile or email. Dated: , 2016. CITY OF LAKEVILLE Dated: 10 --'— , 2016. 187596v1 Matt Little, Mayor Charlene Friedges, City Clerk COOK FOR YOU AT THE DEPOT, INC. D/B/A THE DEPOT BAR & GRILL BY: PL, ro !; �: Name: -, Title: 3