Sec. 13a.11.04.07. Operating Agreement

A. An Operating Agreement shall be developed with the active participation of the Committee of Blind Vendors and shall be made part of the Administrative Manual.

B. Terms.

(1) The Division and the vendor shall enter into an Operating Agreement each time a vendor is assigned to a vending facility.

(2) The Operating Agreement shall be effective on the first day that the vendor is required to be on the location and signed by the Division and the vendor.

(3) On the effective date of the Operating Agreement, the Division shall provide the vendor a complete inventory of all equipment, a list of saleable merchandise, and petty cash provided by the Division.

(4) The Division shall provide the vendor the current value of all saleable merchandise and determine any financial obligations as described in the Administrative Manual.

(5) Payment shall be made as provided in the Administrative Manual.

C. Period for Operating Agreement.

(1) The Operating Agreement shall be for an indefinite period, but subject to suspension or termination for a violation of applicable law, this chapter, the terms and conditions of the permit or contract between the Division and the property managing agency, or the terms and conditions of the Operating Agreement.

(2) The Operating Agreement may be terminated upon the lawful termination of the permit or contract between the Division and the property managing agency.

(3) The Operating Agreement may also be terminated by the Division for:

(a) Failure to pay applicable State and federal taxes and set-aside charges that result from the operation of the vending facility;

(b) Failure to obtain or maintain applicable insurances;

(c) Failure to maintain applicable health standards;

(d) Abandonment of the vending facility; or

(e) Violation of the terms and conditions of the Operating Agreement.

(4) Termination.

(a) The Division shall ensure that the termination of any permit or contract with the property managing agency is in compliance with applicable laws and regulations.

(b) In the event of termination of the permit or contract with the property managing agency, the Division shall notify the vendor in advance and afford the vendor an opportunity for an administrative review before the proposed termination of the agreement.