Section Ed 1019.13 - Operating Agreement Between SBVI and Operator(a) Before assuming management of one or more vending facilities, a manager shall enter into an operating agreement with SBVI. The operating agreement shall set forth the terms and conditions and state the responsibilities of both the manager and SBVI.(b) The agreement shall include: (2) The vending facility name and location;(3) The hours of operation for the vending facility;(4) The articles to be sold at the vending facility;(5) The insurance requirements for the vending facility;(6) The financial records that must be kept by the manager; and(7) The rights and obligations of the manager and SBVI relative to assignments, subcontracts, and default.(c) The agreement shall contain, but not be limited, to the following items adapted to the individual conditions applying to the specific location: (1) The duties of the manager and the performance of such duties in accordance with the following: a. SBVI rules, policies, and standards developed with the active participation of the state committee of managers;b. Applicable health laws and regulations;c. Terms of the permit granted by, or the contract entered into with, the federal or other agency or organization in control of the site of the vending facility; andd. Security clearance requirements for the vending facility such as the process to obtain access cards. This may include background checks and security clearance applications for the manager and their employees or partners. If a licensed manager cannot receive clearance for a particular location, the location shall be released from the manager and put out to bid, unless the manager had not assumed management of the facility and there is an opportunity to award it to the next highest ranked candidate pursuant to Ed 1019.07;(2) The responsibilities of SBVI to provide management services to the manager including assistance and supervision, and the ways in which such responsibilities shall be carried out;(3) A statement that the manager shall receive the net proceeds from the vending facility that the manager operates;(4) The responsibility of the manager to furnish:a. A monthly profit and loss statement that includes payment for assessed set asides no later than the last day of the month following the close of the previous month's accounting period;b. One copy each of business liability insurance and workers compensation insurance; andc. One copy of automobile collision and liability insurance in the case of managers with vending delivery vehicles;(5) The right of the manager to terminate the operating agreement at any time;(6) The termination of the operating agreement upon termination of the permit or contract; and(7) The termination or revocation of the operating agreement upon the failure of the manager to operate the vending facility in accordance with the operating agreement or applicable federal, state, or local laws or regulations.(d) The manager and the administrator of SBVI shall both sign the agreement.N.H. Admin. Code § Ed 1019.13
Derived from Volume XLI Number 32, Filed August 12, 2021, Proposed by #13231, Effective 7/13/2021, Expires 7/13/2031