(1) Pursuant to
T.C.A. §
71-4-501 et seq., any properties
owned or leased by the State, or properties owned or leased by political
subdivisions of the State such as county or municipal governments, must
recognize the priority granted to the Agency. The Agency must be permitted to
conduct surveys of public properties to determine the feasibility of
establishing one or more vending facilities on a particular property. This
priority is exclusive and unconditional except for cafeteria service. With
respect to cafeteria operations, the Agency must submit a bid to compete to
provide the service and will have priority if its bid is within the competitive
range when considered with all other bids.
(a)
For purposes of determining the competitive range, the Agency's bid must be
within two (2) percentage points of the bid deemed to be the winning bid. This
means that if the commission of the would-be winning bid is eight (8) percent;
the Agency's proposal must offer at least six (6) percent. At its sole
discretion, the Public Property may elect to enter into direct negotiations
with the Agency in lieu of the above. If the results of the survey substantiate
that the establishment of a vending facility is feasible, property management
shall take all necessary steps to insure that the installation occurs, and that
the space and the utilities required are provided (at no cost to the manager)
for the operation, except telephone service. The agency shall provide the
necessary alterations, plumbing and equipment, merchandise, a licensed manager,
and the appropriate supervision of the manager.
(b) In the event that existing buildings are
purchased or leased or new buildings are constructed by any of the entities
referred to above, written notice shall be given to the Agency in ample time to
afford the Agency an opportunity to make plans to provide the
service.
(c) All vending facility
operations, except those relating to cafeteria service, shall be governed by an
agreement between the Agency and property management, known as a permit. The
permit shall include the location, type of facility, space available, all
necessary equipment and the operating hours of the facility. For a cafeteria
service, a contract between the Agency and property management will be executed
which may impose certain requirements upon the manager regarding the operation,
including costs for which the manager shall be responsible. In the negotiation
process between the Agency and property management regarding either the terms
and conditions of an occupancy permit or a contract, the area representative(s)
of the Committee shall have an opportunity to participate with the Agency in
making final determinations with respect to the terms and conditions of an
occupancy permit or contract. The terms and conditions of the permit may be
changed after consultation with the manager for purposes of soliciting his/her
input. Once the changes have been made, the revised document shall be provided
to the manager. The absence of an executed permit does not relieve a manager of
his/her responsibilities to otherwise comply with these rules and regulations
and/or to provide effective management of the vending facility.
(d) Public Property management may not
require the payment of rent, utilities, or commissions as a condition for
operating a vending facility on Public Property except as provided for in
1240-06-13-.01(1)
above. However, the Agency, at its discretion and with the active participation
of the Committee of Blind Vendors, may negotiate less restrictive agreements
that do require such payments. If such payments are negotiated and are included
in the permit agreement, the licensed manager will be obligated to make such
payments; however, no subsequent priority is waived either expressly or by
implication.
(e) In the event that
any dispute between the Agency and property management regarding the granting
of the priority, or the establishment or the continued operation of the
facility shall be resolved in accordance with T.C.A. § 71-4-
507.
