Current through Register Vol. 63, No. 12, December 1, 2024
(1) NOTICE - When a new or existing
vending facility becomes available, the Business Enterprise Program
shall send an announcement to all vending facility managers and
licensees. The announcement shall provide the following information
for the vending facility (as applicable):
(a) The vending facility agreement
or permit;
(b) A list of
equipment provided;
(c) A
list of the types of products sold;
(d) Sales figures and net proceeds
for the past three (3) years;
(e) Number of employees needed for
current staffing levels;
(f) For new vending facilities, a
survey if available;
(g)
The required date to respond to the vacancy notice;
(h) Whether or not the vending
facility manager would be required to relinquish their existing
vending facility, if selected.
(2) APPLICATION - A vending
facility manager or licensee may apply for any vacancy, and shall
meet the following conditions:
(a)
Has no past due indebtedness to the Commission;
(b) Has met the continuing
education requirement as outlined in the Section above;
(c) Has submitted a resume and
letter of interest to the Director;
(d) The Director shall use the
above conditions to determine which vending facility managers;
or
(e) licensees qualify
for the selection process.
(3) SELECTION - A selection
committee shall be formed to interview vending facility managers and
licensees who have applied for a vacancy.
(a) The selection committee shall
recommend to the Director one candidate for selection. The selection
committee shall consist of:
(A) The
Business Enterprise Consumer Committee chair;
(B) The Director or Business
Enterprise staff assigned by the Director;
(C) A vending facility manager or
licensee selected by the mutual agreement of the Director and
Business Enterprise Consumer Committee Chair;
(D) The building manager or a
representative, if the building manager requests to participate,
provided the Program has provided an orientation to blindness
training to that individual.
(b) A vending facility manager may
not participate on any selection committee for a vacancy they have
applied for. If the Business Enterprise Committee Elected Chair has
applied for a vacancy, then the Vice-Chair of the Business Enterprise
Consumer Committee shall assume the Chair's duties in the selection
process.
(c) The
selection committee shall conduct either in-person or telephone
interviews. The selection committee shall establish a list of
questions that will be asked of all applicants. The selection
committee shall grade each applicant in the following categories:
(A) Vending facility manager
experience;
(B) Other
management experience;
(C) Customer service
experience;
(D)
Operational performance;
(E) Financial
performance;
(F)
Education background;
(H)
Operational plan for the facility if selected.
(d) The selection committee members
shall score each of the categories zero (0) to ten (10), the maximum
score being eighty (80). Each selection committee member shall add
all eight (8) category scores to calculate a total score for each
applicant. The selection committee members shall then add their total
scores together to give the applicant an aggregated total score. The
applicant with the highest aggregated total score shall be
recommended. In the event of a tie, the applicant with the most years
of experience in the Oregon Business Enterprise program shall be
recommended.
(e) The
Director shall award the facility to the vending facility manager
recommended by the selection committee unless the Director can
justify to the selection committee the reason for selecting another
vending facility manager.
(f) If there is only one applicant
for a vending facility, the Director may select the applicant without
using a selection committee
.
(4) OPERATING AGREEMENT - The
Commission shall enter into biennial operating agreements with
vending facility managers for the operation of vending facilities.
(a) Termination of Operating
Agreement: The operating agreement may be terminated and the VFM
removed from the vending facility when any of the following has
occurred:
(A) The vending facility
named in this agreement is permanently closed;
(B) The VFM resigns from operating
the vending facility;
(C)
The VFM subcontracts facilities/sites that have not been approved by
the Commission, or utilizes a subcontractor that is not on the list
of approved subcontractors;
(D) The VFM's license has been
terminated by the Commission;
(E) The VFM has failed to fulfill
the terms and conditions of the vending facility agreement or
permit;
(F) The VFM has
failed to fulfill their responsibilities outlined in the operating
agreement, after being afforded the opportunity to remedy specific
failures.
(b) A
VFM shall receive due process prior to the operating agreement being
terminated under the provisions of items C, D, E or F
above.
(5)
TEMPORARY ASSIGNMENT - If a vending facility manager or licensee is
not available or selected for permanent assignment to a vending
facility, the Commission shall select a vending facility manager or
licensee to operate the vending facility under a temporary operating
agreement if a vending facility manager is available and willing to
accept the temporary assignment. A vending facility manager or
licensee with indebtedness to the Commission shall not be eligible to
operate a vending facility under a temporary operating agreement.
(a) The following process shall be
used to select a temporary manager:
(A) The Director shall send an
announcement of a temporary vending facility assignment to all
vending facility managers and licensees. The announcement shall
contain the following:
(i) The
vending facility agreement or permit;
(ii) A list of equipment
provided;
(iii) A list of
the types of products sold;
(iv) Sales figures and net proceeds
for the past three (3) years;
(v) For new vending facilities, a
survey if available;
(B) A vending facility manager or
licensee shall apply to the Director for assignment as the temporary
manager.
(C) If more than
one vending facility manager or licensee applies for the temporary
assignment the Director shall interview the applicants.
(D) The Director shall select a
vending facility manager or licensee based on the following
categories:
(i) Vending facility
manager experience;
(ii)
Other management experience;
(iii) Customer service
experience;
(iv)
Operational performance;
(v) Financial
performance;
(vi)
Educational background;
(E)
The Director shall score each of the categories zero (0) to ten (10),
the maximum score being seventy (70). The Director shall add up all
seven (7) category scores to calculate an overall total score for
each applicant. The applicant with the highest total score shall be
selected. In the event of a tie score the applicant with the most
years of experience in the Oregon Business Enterprise program shall
be selected.
(F) After a
vending facility manager or licensee has been selected, the
Commission and the selected vending facility manager or licensee
shall fully execute a temporary operating agreement for the vending
facility.
(b)
If no vending facility manager or licensee is willing to accept a
temporary operating agreement for the vending facility, the
Commission shall contract with a private vendor for the continued
operation of the vending facility until a vending facility manager or
licensee is selected to operate the vending facility.
(c) If a vending facility becomes
vacant without prior notice by the vending facility manager, the
Commission may elect to contract with a third-party vendor to ensure
continuous operation of a vending facility. With the active
participation of the BECC, a decision will be made as to when to
announce the vacant facility so that all vending facility managers
and licensees can bid. In such instances, the vending facility will
not be operated by the third party for more than six months without
bidding it out to the vending facility managers and licensees, unless
there are unique circumstances in the judgement of the Commission. If
the facility is no longer viable, the Commission, with the active
participation of the BECC, may choose not to bid it out and may make
other arrangements. Other arrangements may include, changing the
business type of the facility (i.e. cafeteria to micro market) or
closing the facility due to low profitability.
Statutory/Other Authority: HB 3253 (2017)
Statutes/Other Implemented: ORS
346.510 to
346.570