Current through Register Vol. 35, No. 18, September 24, 2024
APPENDIX B
OPERATING AGREEMENT
THIS AGREEMENT entered into this _________ day of
______________, _____ by and between the NEW MEXICO COMMISSION FOR THE BLIND
(State Licensing Agency), hereinafter referred to as the COMMISSION and
________________________________, licensed by the commission as a licensed
manager under the Randolph-Sheppard Program, hereinafter referred to as
MANAGER, WITNESSETH:
WHEREAS, the commission has been granted a permit by
____________________________________________ for the operation of a vending
facility by a licensed blind manager under the Randolph-Sheppard Program
hereinafter referred to as PERMIT on the property located at
___________________________________________________
____________________________________________________________________________________________________________________________________________________________________
, a copy of which permit is attached hereto and made a part hereof; and
WHEREAS, the commission has offered the Manager the
opportunity to operate the vending facility under the terms and conditions
hereinafter set forth; and
WHEREAS, the Manager has agreed to undertake the operation of
the vending facility under the terms and conditions hereinafter set forth;
and
WHEREAS, the parties do not intend to derogate in any way
from responsibilities and rights imposed and granted by applicable Federal,
State, or local laws or regulations by this agreement;
NOW, THEREFORE, in consideration of the premises, it is
mutually agreed as follows:
A.
RESPONSIBILITIES OF THE COMMISSION:
1. The
commission will equip the vending facility for carrying out the business
authorized by the permit.
2. The
commission will furnish initial stocks of merchandise and petty cash sufficient
to enable the Manager to commence operating the business authorized by the
permit. The commission will also furnish the Manager with a complete inventory
of all equipment, initial stock, and petty cash provided.
3. The commission will maintain the equipment
at the vending facility in good repair, and will replace obsolete and worn out
equipment as necessary.
4. The
commission will provide for substitute operation of the vending facility as may
be necessitated by the Manager's absence because of an emergency. The salary of
the person who substitutes for the Manager, or that of other emergency help,
shall be charged to the vending facility where the service is
performed.
5. The commission will
provide, or will provide for, supervisory and management services necessary for
the efficient operation of the vending facility.
B. RESPONSIBILITIES OF THE LICENSED MANAGER:
1. The Manager will be responsible for having
the vending facility open for business on the days and during the hours
specified in the permit.
2. The
Manager will operate the vending facility business on a cash basis except for
such credit accounts as may be established or authorized by the
commission.
3. The Manager will be
accountable to the commission for the proceeds of the business of the vending
facility, and will handle the proceeds, including payments to suppliers and
deposits of funds, in accordance with instructions from the
commission.
4. The Manager will
carry on the business of the vending facility in compliance with applicable
health laws and regulations.
5. The
Manager will take proper care of the equipment of the vending facility, and
will make alterations or changes therein only with the written approval of the
commission.
6. The Manager will
notify the commission a reasonable time in advance of taking any voluntary
leave from the vending facility, and as soon as possible with respect to any
involuntary leave.
7. The Manager
will keep such records and make such reports as the SLA shall
require.
8. Proper professional
attire and hygiene will be evidenced at all times.
9. Appropriate professional behavior towards
Property Management, employees, customers and SLA will be expected at all
times.
C. GENERAL:
1. The business to be carried on at the
vending facility will be limited to that specified and authorized in the
permit.
2. The right, title, and
interest in and to the equipment of the vending facility, the stock in trade,
and funds on hand are vested in the commission, and will be left at the vending
facility or turned over to the commission on the termination of this agreement
for any reason by either of the parties. In such an event the fair market value
of the Manager's interest will be determined by the commission and paid to the
Manager or to the Manager's heirs or assignees.
3. The monthly income of the Manager shall be
the net profits of the business of the vending facility for the period in
question, less the funds which must be set aside, as established in writing by
the commission pursuant to 34 CFR 395.9. The net profits will
be augmented by an amount necessary to bring the monthly income up to the fair
minimum return.
4. Rebates,
commissions, vending machine income disbursed by the SLA to the Manager, or
bonuses received by the Manager from suppliers are, and must be accounted for
as, income of the vending facility and subject to the set-aside fee. Under no
circumstances are such funds to be treated as the separate, personal funds of
the Manager.
5. Merchandise taken
from the stock in trade of the vending facility by the Manager for his own use
shall be accounted for by the Manager and paid for at cost price.
6. The business and premises of the vending
facility shall be covered by general liability insurance, fire and theft
insurance and any such other insurance as will protect the Manager, anyone
employed by the Manager, and the commission, against losses and claims arising
out of the conduct of the business of the vending facility. Should the
commission be unable to provide liability insurance through the set-aside
funds, reasonable notice will be provided to the licensed managers and they
will be responsible for the insurance until further notification.
7. The commission, through its personnel or
agents, shall have the right to access the business records of the Manager upon
reasonable notice to the Manager.
8. The commission shall have the right to
observe the operation of the Manager including participation in daily cash
counts for the purpose of determining the Manager's compliance with SLA rules
and regulations and the accuracy of the Manager's reporting as well as to
evaluate the potential of the location for future Managers.
9. This agreement may be terminated at any
time by the Manager. It shall be terminated upon the revocation or termination
of the permit or contract. In addition, it may be terminated by the commission
if the business of the vending facility is not conducted in accordance with
this agreement, the terms and conditions of the SLA Permit with the Property
Managers, the BEP Rules and Regulations or with applicable Federal, State, or
local laws and regulations.
10.
Upon execution and dating of this agreement by the commission and the Manager,
it is understood that this agreement shall supersede and nullify any prior
agreement between the commission and the Manager with respect to the operation
of a vending facility.
11. Other
terms and conditions as listed on Attachment A.
Date: _______________
by________________________________
Executive director
Date: _______________
by________________________________
BEP Staff
Date: _______________
by________________________________
Licensed Manager
Date: _______________
by________________________________
Witness
Appendix B, Page 4
Attachment A: Other Terms and Conditions
