HomeMy WebLinkAbout2025.02.10 EDAPECONOMIC DEVELOPMENT
AUTHORITY
MEETING
City Hall Council Chambers
February 10, 2025
AGENDA
1. Call to Order
2. Roll Call
3. Approval of Agenda and Consent Agenda
a. Approval of Minutes
4. Commission Consideration Items
a. Resolution Authorizing the Heritage Center of Brooklyn Center to Enter into a
Contract with Mintahoe Catering and Events for Managemnt and Operations of
the Heritage Center Catering Facilities and Authorizing the Executive Director
and Recreation Direct to Execute Such Contract
5. Adjournment
Page 1 of 24
Council Regular Meeting
DATE: 2/10/2025
TO: Economic Development Authority
FROM: Barb Suciu, City Clerk
THROUGH: Daren Nyquist, Deputy City Manager
BY: Shannon Pettit, Deputy City Clerk
SUBJECT: Approval of Minutes
Requested Council Action:
- Motion to approve the minutes
Background:
Budget Issues:
Inclusive Community Engagement:
Antiracist/Equity Policy Effect:
Strategic Priorities and Values:
ATTACHMENTS:
1. 2025.01.13 EDA - unapproved
Page 2 of 24
1/13/25 -1- DRAFT
MINUTES OF THE PROCEEDINGS OF THE
ECONOMIC DEVELOPMENT AUTHORITY
OF THE CITY OF BROOKLYN CENTER
IN THE COUNTY OF HENNEPIN AND THE
STATE OF MINNESOTA
REGULAR SESSION
JANUARY 13, 2025
CITY HALL – COUNCIL CHAMBERS
1. CALL TO ORDER
The Brooklyn Center Economic Development Authority (EDA) met in Regular Session called to
order by President April Graves at 8:36 p.m.
2. ROLL CALL
President April Graves and Commissioners Kris Lawrence-Anderson, Dan Jerzak, Teneshia
Kragness, and Laurie Ann Moore. Also present were City Manager Reggie Edwards, City Clerk
Barb Suciu, Deputy City Clerk Shannon Pettit and City Attorney Siobhan Tolar.
3. APPROVAL OF AGENDA AND CONSENT AGENDA
Commissioner Jerzak moved and President Graves seconded to approve the Agenda and Consent
Agenda, and the following item was approved:
3a. APPROVAL OF MINUTES
1. December 9, 2024 – Regular Session
3b. RESOLUTION NO. 2025-01; ELECTING OFFICERS FOR THE
ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF
BROOKLYN CENTER
Commissioner Moore abstained on the vote for 3a. Approval of Minutes and voted in favor of 3b.
Resolution Electing Officers for the Economic Development Authority for the City of Brooklyn
Center. Motion passed unanimously.
4. COMMISSION CONSIDERATION ITEMS
None.
5. ADJOURNMENT
Page 3 of 24
1/13/25 -2- DRAFT
President Graves moved and Commissioner Kragness seconded adjournment of the Economic
Development Authority meeting at 8:38 p.m.
Motion passed unanimously.
Page 4 of 24
Council Regular Meeting
DATE: 2/10/2025
TO: Economic Development Authority
FROM: Cordell Wiseman, Director of Parks & Recreation
THROUGH:
BY: Cordell Wiseman, Director of Parks & Recreation
SUBJECT: Resolution Authorizing the Heritage Center of Brooklyn Center to Enter
into a Contract with Mintahoe Catering and Events for Managemnt and
Operations of the Heritage Center Catering Facilities and Authorizing the
Executive Director and Recreation Direct to Execute Such Contract
Requested Council Action:
- Motion to approve a resolution authorizing the Heritage Center of Brooklyn Center to
enter into a contract with Mintahoe Catering and Events for management and
operations of the Heritage Center catering facilities and authorizing the Executive
Director and Recreation Director to execute such contract
Background:
Mintahoe Catering and Events agreement for food service management at the Heritage
Center of Brooklyn Center. The term of this Agreement shall be effective January 1, 2025,
or from the date of execution after all required signatures have been entered, until
December 31, 2027. The management agreement outlines the relationship, duties, and
responsibilities by and between the Owner (Brooklyn Center Heritage Center on behalf of
Brooklyn Center Economic Development Authority) and Manager (Mintahoe Catering and
Events) regarding Management and Operation of the Facility, Equipment, Finance and
Accounting, Personnel, Catering Facility Oversight, General Duties, Marketing and
Communication, and Insurance.
Budget Issues:
Inclusive Community Engagement:
Antiracist/Equity Policy Effect:
Strategic Priorities and Values:
ATTACHMENTS:
1. #1002661-v3-Heritage_Center_-_Mintahoe_Catering_Agreement 2.4.25
2. 2025 Mintahoe contract Resolution
Page 5 of 24
Page 6 of 24
1 | P a g e
BR291-298-1002661.v3
City of Brooklyn Center
Heritage Center
AGREEMENT FOR FOOD SERVICE MANAGEMENT
This Agreement dated __________ , is by and between the Economic Development Authority in and for the City
of Brooklyn Center, a political subdivision of the State of Minnesota with its principal office located at 6301
Shingle Creek Parkway, Brooklyn Center, Minnesota 55430 ("Owner") and Mintahoe, Inc. a Minnesota
Corporation d/b/a as Mintahoe Catering & Events, with its principal office located at 2850 Anthony Lane South,
Minneapolis, Mn 55418 ("Manager"). The Owner and Manager are each a “Party” and collectively the “Parties.
RECITALS
WHEREAS, Owner is the owner of a convention center and exhibit hall called The Heritage Center of
Brooklyn Center, (the “Heritage Center”) in Brooklyn Center, Minnesota; and·
WHEREAS, the Heritage Center is equipped with full kitchens and banquet space for catered affairs and
other special events, collectively the "Catering Facility"; and
WHEREAS, the Catering Facility contains full a fully “Kitchen Facility” including all required
equipment, and storage facilities, dishwashing facilities, and one office space; and
WHEREAS, Owner desires to secure the services of Manager in providing management services for
Owner's Kitchen Facility as desired by Owner; and
WHEREAS, Manager is experienced in the management and operation of commercial food and beverage
operations and is in the business of providing management and consultant services to such enterprises.
NOW, THEREFORE, in consideration of the mutual terms and conditions set forth below, the Parties
agree as follows:
AGREEMENT
SECTION I
DEFINITIONS, TERM AND TERMINATION
Page 7 of 24
2 | P a g e
A. Definitions
1. Catering Facility: Means facilities used by Mintahoe to execute an event.
2. Heritage Center: Means the Heritage Center of Brooklyn Center and all spaces.
3. Kitchen Facility: Means the catering kitchen, plate up kitchen, refrigeration facilities the
location of food preparation, food storage, food service, and cooking, baking, and
dishwashing. It also includes the alcoholic bar stations and contents
4. Manager: Means Mintahoe Catering and Events
Owner: Means the Brooklyn Center Heritage Center on behalf of Brooklyn
Center Economic Development Authority
B. Initial Term and Extended Term
1. Initial Term. The term of this Agreement shall be effective January 1, 2025, or from the date of execution
after all required signatures have been entered, until December 31, 2027, unless terminated pursuant to
Section C below.
2. Extended Term. The parties agree that one-year prior to the expiration of the Term of this Agreement, or
any extensions thereof, they shall engage in good faith negotiations to discuss the possibility of extending
the Agreement term. Such negotiations shall commence no later than 180 days prior to the expiration of
the Initial Term.
Either Party wishing to initiate negotiations for an Extended Term shall provide written notice to the other
Party at least 360 days prior to the expiration of the initial Term. The notice shall include the proposing
Party’s intentions regarding an extended Term that they wish to discuss. The Parties agree to negotiate in
good faith with the intention of reaching an agreement for an Extended Term.
Notwithstanding the provisions of this clause, neither Party shall be obligated to agree to an Extended
Term. This clause does not constitute a commitment to extend the Term and any extension must set forth
in writing and be signed by both Parties. If the Parties reach an agreement on the Extended Term, such
agreement shall be documented in a written amendment to this Agreement and shall be executed by both
Parties.
C. Termination
1. Breach. In the event of any breach of this agreement by either party, the non-breaching party shall provide
written notice to the breaching party specifying the nature of the breach. Upon receipt of the breach notice,
the breaching party shall have 30 days (the "Correction Period") to cure or rectify the breach to the
reasonable satisfaction of the non-breaching party, which will not be unreasonably withheld. During the
Correction Period, the breaching party must take all necessary steps to correct the breach and prevent its
recurrence. If the breaching party fails to cure the breach within the Correction Period, the non-breaching
party shall have the right to terminate this agreement with written notice, effective thirty days later. The
failure of the non-breaching party to enforce this cancellation clause during the Correction Period shall
not be construed as a waiver of the right to cancel the contract at any later time, provided the breach is
not corrected. Examples of breach include but are not limited to: failure to adequately staff and execute
events on a consistent basis, failure by bar staff to accurately, to the best of their knowledge, report and
reconcile receipts and monies received from events thereby causing financial discrepancies and budget
underruns.
2. In the Event of Termination. In the event of termination, the Owner will pay Manager for rendered
Page 8 of 24
3 | P a g e
services and/or products, received by the Owner up to the receipt of the notice of termination and
thereafter until the date of termination. Prior to the Owner delivering final payment for service, the
Manager must deliver all property, equipment, work product, and documentation developed up to the time
of termination.
3.In the Event of Business Dissolution, etc. In the event of dissolution, termination of existence, business
failure, appointment of a receiver, assignment for the benefit of creditors or the commencement of any
proceeding under any bankruptcy or insolvency law, or the service of any attachment, levy, or similar
process involving either Manager or Owner, the other party may terminate this Agreement upon 90 days-
notice or as reasonably possible upon knowledge of the terminating event.
SECTION II
MANAGEMENT AGREEMENT
This Management Agreement outlines the relationship, duties, and responsibilities by and between the Owner and
Manager regarding Management and Operation of the Facility, Equipment, Finance and Accounting, Personnel,
Catering Facility Oversight, General Duties, Marketing and Communication, and Insurance. Additional tasks and
responsibilities are outlined in Exhibit A.
A. Management and Operation
1. Management and Supervision. Subject to the terms of this Agreement, Owner hereby engages Manager
and grants Manager the exclusive right to supervise and direct the management and operation of Owner’s
Catering Facility described in this Agreement Owner has engaged Manager herein as an Independent
Contractor.
2. Catering Facility Operation. Manager agrees to operate the Catering Facility in a manner consistent with
similar high quality catering facilities in the Twin Cities. Manager further agrees to consult with Owner
to keep Owner advised of all major policy matters relating to the Catering Facility. Subject to the
foregoing and to the provisions of this Agreement, Manager shall have the control and discretion with
regard to the operation and management of the Kitchen Facility for customary purposes and the right to
determine all operating policies within its authority and responsibilities related to the appearance of the
Kitchen Facility, the standards of operation, the quality of service, and all other matters affecting customer
opinion. Kitchen Facility is defined as the catering kitchen, plate up kitchen, refrigeration facilities,
location of food preparation, food storage, food service, and cooking, baking, and dishwashing. It also
includes the alcoholic bar stations and contents.
3. Owner’s Responsibility. Owner is responsible for marketing the Heritage Center in its entirety, general
business contracting, event planning and strategic direct, oversight of onsite daily operations, event billing
and invoicing, and maintaining the Heritage Center facilities including but not limited to activities such
as, set up, tear down and maintenance.
4. Owner Approval. The Parties agree to have periodic meetings to discuss the operation and budget of the
Heritage Center and Catering Facility as determined by the Owner. Additional meetings may be called by
either party through written communication. Manager agrees to obtain the approval of the Owner with
respect to all major programs and policy matters which could have a material and substantial effect upon
the reputation and character of the Catering Facility. If there is doubt about needed approval, Manager
must consult with Owner to obtain clarity.
5. Event Execution. Owner is responsible for all event oversight, planning, details, and coordination, and
client relationships. Manager will work collaboratively with the Owner to execute the spirit, vision, and
intent of each event. Owner will provide onsite support to Manager during Heritage Center catering
Page 9 of 24
4 | P a g e
events.
6. Third-Party Provider(s) in Out Building (“D-Barn”). Owner reserves the right to use alternative third-
party providers (i.e. caters, event companies, etc.) for City of Brooklyn Center sponsored events located
in the D-Barn on the west end of the property only. If Owner utilizes alternative third-party providers,
Manager will be relieved of management duties and Owner will contract with such alternative third-party
provider for its services directly. Manager shall have no liability or oversight authority for the D-Barn or
its associated activities. Third party catering providers shall not have access to the kitchen including
dishwashing equipment. Owner shall be responsible for instructing third-party caterer and enforcing
compliance with Health Department Regulations by third party providers of catering services that Owner
hires.
7. Owner’s Representative: Owner will appoint at least one employee to serve as the Owner’s representative.
Manager will be responsible to this appointed individual regarding Manager's obligations under this
Agreement. The appointed Owner’s representative is named in Section III(6) attached hereto. Owner has
the right to change the designated Owner Representative by notifying Manager of the new designee.
8. Manager’s Representative. Manager agrees to appoint one of its employees as its representative for the
Kitchen Facility premises. The appointed Manager’s Representative is named in Section III(6) attached
hereto. Manager has the right to change the designated Manager Representative by notifying Owner of
the new designee.
9. Commencement of Services. Manager agrees to commence performance of services under this Agreement
on the first day of the term of this Agreement, and services shall continue to be provided during the term
of this Agreement until this Agreement is terminated in accordance with the provisions of Section I(B) of
this Agreement.
10. Nature of Relationship. Nothing contained in this Agreement shall be construed to create a partnership or
joint venture between Owner and Manager. Save and except for the powers specifically granted to the
Manager by this Agreement, Manager shall have no authority to enter into contracts or agreements on
Owner's behalf without first obtaining Owner's written approval.
11. Heritage Center Improvements. To increase Heritage Center marketability and potential revenue streams,
Manager will assist Owner with capital improvements at the “D Barn” up to $300,000.00. Upon
completion of “D Barn” renovations, Manager will be featured as one of the available catering options
for patrons of the facility. Manager will disburse funds to Owner based on planned renovations and
itemized costs. The Parties agree that if this Agreement is terminated for any reason during the Initial
Term, a prorated portion of the monies expended will be refunded to Manager. The prorated portion shall
be calculated based upon the itemized monies advanced to Owner.
B. Equipment
1. Owner’s Responsibility. Owner will furnish, at its own expense and for the use of Manager, all furniture,
fixtures and other equipment necessary for the performance of the services by Manager including, but not
limited to, china, glassware, flatware, trays, utensils and other smallware (collectively called
“smallwares”) sufficient to provide contracted catering services to clients and office furniture and
equipment. If Owner's inventory of smallwares is not sufficient for any specific event, the Manager, with
prior approval of Owner, shall rent smallwares necessary for such event and rental cost shall be an expense
of Owner.
Page 10 of 24
5 | P a g e
2. Manager to Monitor Facility and Contents. Manager will continuously evaluate the physical appearance
of the Kitchen Facility premises and the furniture, fixtures and equipment therein, and will recommend to
Owner any changes which seem necessary or advisable. Manager will recommend correction of any
health or safety hazard immediately upon the discovery of such hazard. Owner has the right to determine
to Owner’s satisfaction that recommended changes are needed or not needed.
3. Equipment Repair and Replacement. Manager, at Owner's sole expense, will maintain and repair all such
equipment and, from time to time, will replace and furnish such additional equipment as may be
reasonably necessary for the furnishing of services by Manager. Any expenditure for furniture, fixtures
and other equipment for the Kitchen Facility shall be individually approved by the Owner. Upon
termination of this Agreement, Manager agrees to return to Owner all equipment furnished to it at any
time in good condition, allowing for ordinary wear and tear, reasonable loss and breakage of smallwares,
and damage by fire or the elements. In the event of improper, careless, or negligent use of the kitchen
equipment, furniture, fixtures, and other relevant equipment or smallwares by the Manger, the Manager
shall replace the damaged equipment or smallwares at Manager’s sole expense.
C. Finance and Accounting
1. General Accounting. Manager will provide all accounting and reporting functions for Manager's business
operation, and such accounting services will be at Manager’s expense.
2. Accounting Period. For the purposes of this agreement, the Parties agree that the accounting periods will
be calculated in calendar months, and the fiscal year will be from January 1 to December 31 of each year.
3. Revenue Sharing. Revenue accrued from the Heritage Center catered events and services will be split
between Owner and Manager. Owner shall receive all funds from patrons including payments for food,
beverages, and all menu-related charges. Manager shall transfer all cash receipts from cash bars and
concession sales to Owner. Owner shall have control of all Sales Revenues. Owner will allocate food and
beverage revenue and service charge revenue in the following manner:
(a)Food and Beverage Revenue: Manager shall receive 72% of the food and beverage revenue, and
Owner shall receive 28% of the food and beverage revenue;
(b)Service Charge Revenue: Manager shall receive 13% of revenue, and Owner shall receive 11%
of revenue.
4. Revenue Statements. Owner shall prepare and submit to Manager a statement of Sales Revenues for the
prior Accounting Period within fifteen (15) business days after the ending of each Accounting Period.
5. Food and Beverage Sales. "Food and Beverage Sales" is hereby defined as the total revenues and receipts
derived from sales made on or from the Catering Facility premises, as determined by the accrual method
of accounting. Food and Beverage Sales shall not include applicable sales, excise or similar taxes or
gratuities, rental fees or building surcharges payable directly to Owner.
6. Billing and Payment: Owner shall wire transfer funds to Manager monthly, but no later than thirty-five
(35) days following Manager submission of the invoice/pay statement. Payments to Manager are subject
to compliance with City of Brooklyn Center/Economic Development Authority policies, procedures, and
State law. Owner will have thirty-five (35) days from receipt of invoice to wire transfer funds to Manager.
7. Event Catering. Owner will handle all billing and collection for Heritage Center events. Owner is
Page 11 of 24
6 | P a g e
responsible for collection of all revenue. If a third party fails to pay owner for a catering event, Owner is
responsible for Manager's share of revenue.
8. Customer Refunds. In the event refunds or discounts to customers of catering operations are required due
to complaints about unsatisfactory service by Manager, such refunds or discounts will be made by
Manager, from its own funds, at its own expense.
9. Budget and Reporting. Manager will prepare and submit for the Owner’s approval no later than July 1 of
each year, annual sales and capital expenditures budget for the upcoming fiscal year, prepared in
conjunction with Owner’s Sales and Marketing staff.
10. Purchase of Property or Services. The Parties shall comply with applicable requirements of the Municipal
Uniform Contracting Act, Section 471.345 of Minnesota Statutes in connection with the acquisition of
property for the Catering Facility;
D. Personnel
1. Staffing and Training. Manager shall hire, train and supervise all personnel, it being understood that all
personnel shall be employed in the name of Manager or an affiliate of Manager or by temporary staffing
agencies used by Manager. All hiring, assignment of duties and termination of any employees shall be
under direction of the Manager. Owner may direct that any one or more staff members not to be assigned
to provide services to Owner under this Agreement.
2. Employee Supervision. Manager shall provide and designate one individual to function as the supervisor
for all of Manager's employees providing services under this Agreement. Such supervisor shall have the
authority to act on behalf of the Manager in all matters relating to daily operational activities of Manager
under this Agreement. At times when the supervisor is not available, these duties and responsibilities may
be assigned to other qualified employee of Manager with Manager informing Owner of the assignment.
3. Payment and Payroll. Manager shall be responsible for all disbursements to employees of wages and
gratuities, all withholdings required by law to be taken from income paid to employees, and the proper
payment and reporting to governmental taxing authorities.
4. Uniforms and Hygiene. Manager shall ensure that catering staff are professionally attired in a uniform to
be agreed upon by Owner and Manager. Staff shall be properly groomed and wearing approved shoes and
name tags. Employee hygiene shall meet professional standards. Employees shall be required to wash
hands after using the restroom. Such attire and hygiene standards shall be mandatory when on the event
premises. If Owner determines that Manager staff are not professional attired or there are hygiene
concerns, Owner may ask the Manager to excuse the employee for the day of work or temporarily reassign
the employee to different duties. Manager shall comply with this request.
5. Health Examinations. All personnel employed in connection with the operation of the Catering Facility
shall be subject, from time to time, to such health examination as any proper governmental authority may
require at Owner's expense. Manager agrees to develop and implement emergency first aid procedures for
all employees.
6. Employee Background Checks. Manager shall conduct background checks for all Manager employees
assigned to work in the Kitchen Facility or at Catering Facility events pursuant to state law and
regulations.
7. Equal Opportunity in Hiring. During the performance of this contract, the Manager must not discriminate
against any employee or applicant for employment because of race, color, creed, religion, national origin,
sex, marital status, status with regard to public assistance, disability or age.
Page 12 of 24
7 | P a g e
D. Catering Facility Oversight
1. Hours of Operation. The hours during which the Catering Facility shall be open for business shall be as
designated by Owner.
2. Cleaning and Maintenance. At Owner's sole expense, Manager agrees to supervise the cleaning and
maintenance on a regular and consistent basis of the following portions of the Kitchen Facility premises:
the entire kitchen, the dishwashing area, exhaust vents and hoods, plate-up areas and those areas used for
clearing after any catered event.
3. Utilities. Owner will procure, at its sole expense, all light, power, heat, air conditioning, hot and cold
water, local telephone service, internet access, pest exterminating service, HVAC maintenance and
garbage and trash disposal service necessary for the Catering Facility premises.
E. Marketing and Communications
1. Sales and Marketing Plans. Manager will provide skilled personnel who will work in partnership with
Owner’ personnel to create Sales and Marketing plans for the Heritage Center, Catering Facility, and
Kitchen Facility and execute those plans with the goal of attracting more patrons to and increasing sales
at the Heritage Center and Catering Facility. All major promotions or programs shall be subject to the
approval of the Owner. Managers’ support will include, but not be limited to:
(a)Cross Marketing: Heritage Center and Catering Facility Inclusion in Managers marketing
materials for other venues where Manager has exclusive catering agreements;
(b)Social Media Marketing: Heritage Center and Catering Facility Inclusion on Manager’s social
media sites;
(c)Marketing Collaboration: Manager will include Owner’s Sales and Marketing Personnel in
Manager’s Sales and Marketing meetings and provide access to Manager’s Sales and Marketing
personnel for cross-training purposes;
(d)Marketing Events: Manager will provide food tastings and other opportunities for patrons and
potential patrons to increase foot traffic and sales at the Catering Facility;
(e)Annual Open House: Manager will work with Owner to host an annual Open House at the
Heritage Center and Catering Facility with Manager's participation to further promote Heritage
Center and its offerings.
All marketing costs other than those described herein shall be paid by owner.
2. Client Management. Owner is responsible for generating and maintaining all client relationships,
managing and executing client contracts, and client communication through meetings, phone calls, and
emails.
3. Restrictions on Advertising. The Owner shall not use paid advertising for the Catering Facility which uses
the name of the Manager or any of its related agencies without the prior consent of the Manager.
Page 13 of 24
8 | P a g e
F. Insurance
1. Insurance Coverage. Manager will secure and maintain insurance coverage insuring both Owner and
Manager (naming Owner as an additional insured) during the term of this Agreement and any subsequent
renewals, subject to Owner's approval. Attached hereto and marked Exhibit C, is a Certificate of
insurance for the Catering Facility which has been independently reviewed by Owner and Manager and
hereby approved by both parties. The representative of the Owner shall be entitled to communicate
directly with the insurance agent, or agents, at all times hereafter with the prior approval of the Manager
regarding any matters pertaining to the insurance policies and coverage itemized in Exhibit C including,
but not limited to, premiums, coverage, deductibles, claims and renewals. Coverage shall be carried with
a Certification of Authorization (license) to do business in the State of Minnesota. Evidence of such
insurance shall be in the form of a Certificate of insurance to be sent to the Owner's representative. This
certificate shall carry a condition that no cancellation or reduction in coverage may be made without thirty
days prior written notice sent to the certificate holder.
2. Insurance Policies and Limits. Manger must carry insurance of the kind and in the amounts shown below
(a)Workers Compensation insurance coverage as provided by state law applicable to employees,
agents, volunteers and assigns of Manager;
(b)Commercial General Liability coverage including Bodily Injury, Personal Injury Liability,
Property Damage, Contractual Liability, and Products coverage with limits of $1,000,000 per
occurrence and $2,000,000 in the aggregate.
(c)Automobile Insurance, coverage for all owned, non-owned and hired vehicles, the minimum
liability coverage shall be $1,000,000 per accident or occurrence.
(d)Liquor Liability Insurance in an amount not less than $1,000,000 per occurrence and $2,000,000
in the aggregate.
3. Subcontractors or Third-Party Vendors. If Owner gives written approval for Manager to utilize
subcontractors or other third-party vendors to fulfill the terms and conditions of this Agreement, or to
provide alternative service according to the deliverables outlined in this Agreement, each subcontractor
or third-party vendor is required to have and secure for the duration of this Agreement and any extension
periods (or the period of time during which said subcontractor or third-party vendor is working on this
Agreement) to have and maintain their own insurance pursuant to limits outlined in Section II(F)(2) of
this Agreement.
SECTION III.
GENERAL TERMS AND CONDITIONS
1. Indemnification and Duty to Defend. Manager agrees to indemnify, defend and hold Owner harmless in
Page 14 of 24
9 | P a g e
connection with any liabilities, claims, obligations, demands, causes of action or suits, whether based in
tort, contract, per statute or other basis arising out of the Manager's operation of Catering Facility and due
to the negligence of the Manager. Owner agrees to indemnify, defend and hold Manager harmless in
connection with any liabilities, claims, obligations, demands, causes of action or suits whether based in
tort, contract, per statute or other basis arising out of the Catering Facility and due to the negligence of
the Owner. Nothing in this Section shall be deemed a waiver by the Owner of the limitations on the
Owner's liability set forth in Minnesota Statutes, Chapter 466; and the Owner's obligation to indemnify
Manager shall be limited to the amounts set forth therein.
4. Compliance with Applicable Law. Manager must comply with all applicable federal, state and local laws,
regulations and ordinances related to the Manager’s services and obtain all necessary permits and licenses,
taking special care to observe all conditions relating to the on-sale liquor and catering licenses issued by
Owner and the State of Minnesota.
5. Assignment. This Agreement shall not be assignable by either party without the prior written consent of
the other party.
6. Notice. Except as otherwise stated in this Agreement, any notice or demand to be given under this
Agreement (“official notice”) must be delivered in person, sent by United States certified or registered
mail, postage prepaid and return receipt requested. Electronic mail may be used as an additional notice
option but cannot replace official notice procedures as outlined in this section. Any notices or other
communications should be addressed to the individuals and addresses listed below:
7. Interpretation of Agreement, Venue, Conflicts.
(a)Interpretation of Agreement and Venue: This Agreement will be interpreted and construed
according to the laws of the State of Minnesota. All litigation regarding this Agreement must be
venued in Hennepin County District Court, Second Judicial District, State of Minnesota, or the
United States District Court, District of Minnesota, where applicable.
(b)Conflicts: Any ambiguities related to the terms and conditions set forth in this Agreement will be
construed in favor of the Owner.
8. Amendments, Entire Agreement, Waiver.
Brooklyn Center Mintahoe
Owner:Economic Development
Authority of the
City of Brooklyn Center
Manager: Mintahoe Catering & Events
Contact:Reginald Edwards
City Manager
Cordell Wiseman
Parks & Recreation Director
Contact:Shawn McMerty,
Co-President
Suzi McMerty Shands,
Co-President
Address:6301 Shingle Creek Parkway
Brooklyn Center, MN 55430
6155 Earle Brown Drive Parkway,
Brooklyn Center, MN 55430
Address:2850 Anthony Lane South,
Minneapolis, MN 55418
2850 Anthony Lane South,
Minneapolis, MN 55418
Page 15 of 24
10 | P a g e
(a)Amendments: This Agreement cannot be modified orally, or by course of conduct. Any
alterations, amendments, deletions, or waivers of the provisions of this Agreement are valid only
when reduced to writing and duly signed by the Parties.
Amendments, modifications or additional schedules may not be construed to adversely affect
vested rights or causes of action which have accrued prior to the effective date of such
amendment, modification, or supplement. The term “this Agreement” as used herein is deemed
to include any future amendments, modifications, and additional schedules made in accordance
herewith.
(b)Entire Agreement: This Agreement contains the entire understanding of the parties with respect
to the subject matter.
(c)Wavier: No waiver of any default shall be construed to be or constitute waiver of any subsequent
defaults. Amendments, modifications or additional schedules may not be construed to adversely
affect vested rights or causes of action which have accrued prior to the effective date of such
amendment, modification, or supplement. The term “this Agreement” as used herein is deemed
to include any future amendments, modifications, and additional schedules made in accordance
herewith.
9. Section Headings. The section headings contained in this Agreement are for reference purposes only and
shall not affect in any way the meaning or interpretation of this Agreement.
10. Data Privacy. Manager shall comply with Minnesota Statutes Chapter 13, the Minnesota Government
Data Practices Act (MGDPA) and shall take all necessary actions to ensure that its Personnel shall comply
with all requirements of the MGDDPA, including ensuring that not public data is not disclosed by
Manager’s Personnel to any third parties. Manager shall not disclose non-public information except as
authorized by the Act. Manager acknowledges and agrees that Owner shall be entitled to disclose data
related to this Contract as required by law. Information supplied by Manger to Owner is subject to the
MGDPA. Such information shall become public data unless it falls under one of the exceptions of the
Act. Manager shall notify the Owner of any data that Manager believes should be classified as non-public
data.
11. Records Availability and Retention. Pursuant to Minnesota Statutes §15.17, the Manager agrees that the
Owner, the State Auditor, or any of their duly authorized representatives at any time during normal
business hours and as often as they may reasonably deem necessary, shall have access to and the right to
examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent
to the accounting practices and procedures of the Manager and invoice transactions relating to this
Agreement. Manager agrees to maintain these records for a period of six (6) years from the date of
termination of this Agreement.
12. Nondiscrimination. During the term of this Agreement, Manager agrees to comply with all federal,
state, and local antidiscrimination laws, and that no person or Personnel shall, on the grounds of race,
color, religion, age, sex, disability, marital status, public assistance status, criminal record, creed or
national origin be excluded from full employment rights in, participation in, be denied the benefits of or
be otherwise subjected to discrimination under any and all applicable federal and state laws against
discrimination.
13. Severability. If any provision of this Agreement or the application of any such provision to any party or
circumstances shall be determined by any court of competent jurisdiction to be invalid and unenforceable
to any extent, the remainder of this Agreement or the application of such provision to such person or
circumstances other than those to which it is so determined to be invalid and unenforceable, shall not be
affected thereby, and each provision hereof shall be validated and shall be enforced to the fullest extent
Page 16 of 24
11 | P a g e
permitted by law.
14. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be
deemed an original, but all of which together shall constitute one and the same agreement.
15. Electronic Signatures. The Parties agree that the electronic signature of a Party to this Agreement will be
as valid as an original signature of such Party and will be effective to bind such Party to this Agreement.
The Parties further agree that any document (including this Agreement and any attachments or exhibits to
this Agreement) containing, or to which there is affixed, an electronic signature will be deemed (i) to be
“written” or “in writing,” (ii) to have been signed and (iii) to constitute a record established and maintained
in the ordinary course of business and an original written record when printed from electronic files. For
purposes hereof, “electronic signature” also means a manually signed original signature that is then
transmitted by any electronic means, including without limitation a faxed version of an original signature
or an electronically scanned and transmitted version (e.g., via PDF) of an original signature. Any Party’s
failure to produce the original signature of any electronically transmitted signature will not affect the
enforceability of this Agreement.
16. Force Majeure. Neither the Owner nor the Manager will be held responsible for performance if
performance is prevented by acts or events beyond the Party’s reasonable control, including, but not
limited to: severe weather earthquake or other natural occurrences; strikes and other labor unrest; power
failures; electrical power surges or current fluctuations; nuclear or other civil military emergencies; or
acts of the legislature, judiciary, or executive.
17. Exhibits. As so referenced in these terms and conditions, the Exhibits and Addenda attached to this
Agreement, and all obligations and duties articulated and certifications made therein, are incorporated
into and made part of this Agreement.
Exhibit A: Scope of Services
Exhibit B: Heritage Center Site Plan
Exhibit C: Insurance
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above
written.
OWNER: CITY OF BROOKLYN CENTER
By: _________________________________________
Name:
Its:
Date: _______________________________________
By: _________________________________________
Name:
Its:
Date: _______________________________________
Page 17 of 24
12 | P a g e
MANAGER: MINTAHOE, Inc. D/B/A MINTAHOE CATERING & EVENTS
By: _________________________________________
Name:
Its:
Date: _______________________________________
By: _________________________________________
Name:
Its:
Date: _______________________________________
By: _________________________________________
Name:
Its:
Date: _______________________________________
EXHIBIT A
Scope of Services
DUTIES OF MANAGER: Manager agrees to supervise the performance of all functions reasonably
required for the proper operation and management of the Catering Facility including, without limitation,
the following:
Provide necessary administration and supervisory services for carrying out Manager’s responsibilities at
The Heritage Center.
1. Order and supply all food and beverages for catering events.
2. Provide appropriate staffing levels to cater events not limited to (i.e. chefs, banquet manager,
servers, dish washers)
3. Work in partnership with the Heritage Center Sales and Operations to cross-market all catering
Page 18 of 24
13 | P a g e
services available at The Heritage Center throughout the term of the contract
4. Properly maintain all necessary kitchen, dining, banquet and inventory necessary to offer food
and beverage service for banquets on a year-around basis at the Heritage Center
5. Hours of operation during catering/events services must at a minimum of two hours before the
event times to one hour after the event end time unless otherwise agreed upon by the City
6. Coordinate or schedule with the Heritage Center Sales for the purpose of holding an event.
7. Provide food and beverage catering services as reasonably requested for events at appropriate
pricing as agreed upon by both parties.
8. As an entirety, staff the Catering event and areas serving food and beverages with customer
service-oriented people who are professional, friendly and courteous to all visitors at The
Heritage Center.
9. Provide general cleaning for kitchen and banquet areas during events.
10. Provide all linens and additional catering equipment as to be determined to be needed by
Manager for event, bar and banquet events. Storage, banquet tables and chairs will be available
in the facility.
11. Schedule and provide for all required inspections (i.e. fire, kitchen equipment)
12. Move all recycling and waste materials generated by catering company operations to designated
collection points. Provide for refuse/recycling service for the Heritage Center and maintain
sanitary conditions in and around the kitchen area
13. Obtain all required licensing through the City of Brooklyn Center for catering and liquor sales.
14. Obtain a State of Minnesota liquor license for this location and provide all necessary insurance
and training related to license.
15. Maintain Insurance in accordance with Contract, add EDA as (co-insured).
16. All labor and materials supplied by the Vendor must be in compliance with all Local, State, Federal
and OSHA standards.
17. Operate the Food and Beverage operation as a drug free workplace.
18. Operate food, dining and beverage services within the Catering Facility premises and assist the Owner's
Sales personnel in the sale of food and beverage services to patrons.
19. Prepare and serve food consistent with the variety, type and quality found in similar high quality Twin
Cities catering facilities.
20. Collect proceeds for food and beverages at the concession stand and cash bars and hold the proceeds in
the safe in the catering kitchen.
Page 19 of 24
14 | P a g e
EXHIBIT B
Heritage Center Site Plan
*Areas Highlighted in Green are Catering Facility Areas*
Page 20 of 24
15 | P a g e
Page 21 of 24
16 | P a g e
EXHIBIT C
Insurance Certificate
Page 22 of 24
Commissioner ______ introduced the following resolution and moved its adoption:
ECONOMIC DEVELOPMENT AUTHORITY
THE HERITAGE CENTER OF BROOKLYN CENTER
RESOLUTION NO. ____
RESOLUTION AUTHORIZING THE HERITAGE CENTER OF BROOKLYN
CENTER TO ENTER INTO A CONTRACT WITH MINTAHOE CATERING
AND EVENTS FOR MANAGEMENT AND OPERATIONS OF THE
HERITAGE CENTER CATERING FACILITIES AND AUTHORIZING THE
EXECUTIVE DIRECTOR AND RECREATION DIRECTOR
TO EXECUTE SUCH CONTRACT
WHEREAS, the Brooklyn Center Economic Development Authority (“EDA”) is the owner
of the Heritage Center of Brooklyn Center (“HCBC”), a convention center and exhibit hall in
Brooklyn Center, Minnesota; and
WHEREAS, the EDA desires to secure permanent management and operation services at
the HCBC facility; and
WHEREAS, the HCBC and Mintahoe Inc., d/b/a as Mintahoe Catering and Events
(“Mintahoe”), entered into an interim food service agreement on September 11, 2024, through
December 31, 2024, while the EDA sought competitive proposals; and
WHEREAS, the EDA and HCBC staff issued a Request for Proposals (RFP) October 4,
2024, for management and operation services at HCBC; and
WHEREAS, on December 31, 2024, the parties agreed to an extension of the interim
agreement for food service management until April 10, 2025, or until the EDA secured a new
agreement; and
WHEREAS, HCBC Staff selected Mintahoe based on the scoring criteria as outlined in the
RFP solicitation; and,
WHEREAS, the HCBC, recommends that the contract be awarded to Mintahoe with a
contract term of February 10, 2025, through December 31, 2027, subject to amendment and/or
extension.
NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority of
the City of Brooklyn Center, Minnesota, authorizes the Heritage Center of Brooklyn Center to
enter into a contract with Mintahoe Catering and Events for Management and Operation of the
Heritage Center catering facilities and authorizes the Executive Director and Recreation Director
to execute such contract and any amendments thereto.
Page 23 of 24
February 10, 2025
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by commissioner
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
Page 24 of 24