Exhibit 10.36
AGREEMENT FOR FOOD SERVICES
This Agreement, made this 1st day of October, 2001, by and between NEW
ENGLAND BUSINESS SERVICES, 00 Xxxx Xxxx Xxxx, Xxxxxxxxxxxx, Xxx Xxxxxxxxx
00000 (hereinafter referred to as NEBS), and HOST AMERICA CORPORATION,
located at Two Xxxxxxxx, Xxxxxx, XX 00000 (hereinafter referred to as
HOST) for the provision of corporate food services. These services shall be
provided for 00 Xxxx Xxxx Xxxx, Xxxxxxxxxxxx, Xxx Xxxxxxxxx 00000.
WITNESSETH
In consideration of the covenants herein and intending to be legally bound
hereby, the parties mutually agree as follows:
NEBS hereby grants to HOST, an independent contractor, the exclusive rights
and privileges to provide nutritious quality food service in the cafeteria,
vending and office coffee service and the non-exclusive right to provide
special catered events according to NEBS'S requirements and needs.
LOCATION OF EQUIPMENT: The location of other equipment necessitated by
growth or building rearrangements by NEBS will be accomplished by HOST
under conditions to be mutually agreed upon as the occasion arises. HOST
shall make no alterations to the premise unless authorized by NEBS in
writing.
OWNERSHIP OF EQUIPMENT: It is understood that any equipment supplemental to
the services that have been supplied by HOST shall remain HOST'S property
at all times. NEBS will also take reasonable precautions to protect said
machines and equipment from damage and will permit HOST to remove them upon
termination of this Agreement. NEBS will furnish to HOST, without charge,
food preparation and cafeteria areas, and adequate sanitary toilet
facilities, including dining room furniture and food storage areas, owned
by NEBS and to be used in connection with the food service. NEBS will also
furnish to HOST an extension telephone, with appropriate connections for a
computer modem.
MAINTENANCE AND EQUIPMENT: The division of responsibility between NEBS and
HOST is hereafter provided.
NEBS will be responsible for:
a) cleaning of the dining area floors, for the day-to-day cleaning of the
dining area, and for the cleanliness of walls, ceilings, windows and
light fixtures;
b) removal of all trash and garbage;
c) furnishing exterminator services, semiannual cleaning of hoods, ducts,
filters and grease traps;
d) furnishing maintenance services if and when equipped for the proper
maintenance and repairs of said premises, fixtures, furniture and
equipment and replacing equipment as is mutually agreed to be
necessary, except in those cases where the
necessity for replacement is caused through the negligence of HOST
employees (in which case HOST shall be fully responsible for such
replacement.
As a cost of operation, HOST will be responsible for:
a) keeping the serving line, kitchen, fixtures and manual food service
equipment such as grills, stoves, fryer, ovens, refrigerators,
freezers and like equipment in accordance with recognized standards
for such equipment and in accordance with all laws, ordinances,
regulations and rules of federal, state and local authorities.
b) routine cleaning of the kitchen, prep areas, including windows and
blinds, cold storage areas and counter areas,
c) laundry service for kitchen linens (uniforms, kitchen cleaning cloths,
etc.),
d) purchasing of all food and supplies, and
e) routine daily cleaning of the dining room tables and chairs.
MENUS: HOST will post menus, complete with prices, and all menus will be
nutritionally acceptable with reasonable daily variety. HOST will cater
special functions for NEBS (not more than 15 people) upon at least two (2)
hours advance notice. HOST will cater special function for NEBS (more than
fifteen (15) people) as requested, at prices mutually agreed upon and upon
at least 72 hours advance notice.
LICENSES AND PERMITS: HOST shall obtain, as a cost of operation prior to
commencing operations at NEBS'S premises, all necessary permits, licenses
and other approvals required by law for its operation hereunder. HOST
expects to begin operation on Monday, October 22, 2001. NEBS agrees to
cooperate with HOST and to execute such documents as shall be reasonably
necessary or appropriate to obtain said permits, licenses and approvals.
UTILITIES: NEBS shall, at its expense, provide HOST with necessary and
sufficient refrigeration, freezer space, heat, light, water, and
electricity for the operations of manual services.
RECORDS: HOST will at all times maintain an accurate record including a
daily head count for lunch of all NEBS employees and include it in their
monthly reporting. HOST will also keep inventories of all merchandise and
sales in connection with the operation of the manual food service. HOST
shall keep all such records on file for a period of three years, and HOST
shall give NEBS and its agents the privilege, at any reasonable time, of
auditing its records. All sales, for the purpose of this Agreement, are
defined as cash collections less applicable federal, state and local taxes
for which HOST has the sole responsibility to collect, report and pay to
the taxing authorities.
INSURANCE: During the term of this Agreement, HOST will provide and
maintain, with an insurance carrier licensed to do business in the State of
Connecticut, not less than $2 Million worth of general liability,
automobile and excess liability insurance. HOST will also provide a $10
Million umbrella policy in excess of the $2 Million policy. NEBS will be
a named insured under each such policy and will receive not less than
thirty (30)
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