Idaho Admin. Code r. 15.02.30.130

Current through August 31, 2023

Section 15.02.30.130 - AGREEMENTS/CONTRACTS

Vendors shall enter into an agreement or a contract with the Program that specifies the rights and responsibilities of the operator and Program as they relate to the operation of a primary location and any satellites. The contract shall specify the rights and responsibilities of the licensee or qualified operator and Program as they relate to the operation of a contract facility. (3-31-22)

01.Program Responsibilities. The Program shall: (3-31-22)

a. Equip the facility for carrying out the business authorized by the permit; (3-31-22)

b. Furnish initial stocks of merchandise sufficient to enable the vendor to commence operating the business. The Program shall also furnish the vendor with an inventory list of all equipment and initial stock; (3-31-22)

c. Provide for the maintenance of the equipment and replace obsolete and worn out equipment as necessary; (3-31-22)

d. Provide, or provide for supervisory and management services as deemed appropriate by the Supervisor for efficient operation; (3-31-22)

e. Periodically audit, or cause to be audited, the vendor's records and financial data to verify the accuracy of the set aside report; and (3-31-22)

f. Provide information or make available data in suitable format at the vendor's request when possible. (3-31-22)

02.Vendor Responsibilities. The vendor shall: (3-31-22)

a. Have the facility open for business as specified in the permit. Exceptions may be approved in advance by the Supervisor; (3-31-22)

b. Operate on a cash basis. The Program shall not be responsible for bills incurred by the vendor. The vendor is responsible for notifying suppliers that the vendor alone is responsible and shall verify that notification by use of the purveyor letter supplied by the Program; (3-31-22)

c. Be accountable to the Program for the income of the facility; (3-31-22)

d. Provide for a temporary worker in the vendor's absence because of illness, vacation, or other causes. The salary of the person who substitutes for the vendor, or that of other emergency help, shall be paid for by the vendor. The vendor shall notify the Program a reasonable time in advance of taking any voluntary leave, and as soon as possible with respect to any involuntary leave; (3-31-22)

e. Carry on the business of the facility in compliance with the permit and applicable health laws and regulations and make available to the Program copies of inspection reports; (3-31-22)

f. Maintain a neat, business-like appearance while working at the facility, and conduct business in an orderly, professional manner; (3-31-22)

g. Take proper care of the equipment and not make structural alterations or changes to the facility without written approval of the Program; (3-31-22)

h. Keep appropriate records and send a monthly report and set aside payment to the Program by the fifteenth day of the following month as required. Late reports or payments will be resolved in the manner set forth in Section 040 of these rules; (3-31-22)

i. Be responsible for the day to day management of the facility. For staffed facilities, the vendor should be present the majority of the time the facility is staffed for service to the public. For vending only facilities, the Supervisor and vendor will mutually agree on the hours that the vendor shall be at the facility, and the agreement shall become an addendum to the contract or operating agreement; and (3-31-22)

j. The vendor shall provide copies of proof of insurance as required by Subsection 070.04 of these rules. (3-31-22)

03.General Rights and Responsibilities. (3-31-22)

a. The business to be conducted shall be limited to that specified and authorized in the permit or contract between property managing agency and the Program. (3-31-22)

b. The right, title to, and interest in the equipment and initial inventories of the facility are vested in the Program. At termination of the operating agreement, a value equal to that assigned to the outgoing vendor as beginning inventory will be returned to the Program. The Program will determine what inventory will be accepted from the outgoing vendor. The outgoing vendor shall have receipts no more than ninety (90) days old to show the value of inventory. Any inventory refused by the Program will become the property of the outgoing vendor. If the takeover inventory is less than initially assigned, the outgoing vendor will pay the difference in cash. If the Program agrees to accept more inventory than was initially assigned, the Program will reimburse the outgoing vendor in cash. (3-31-22)

c. The monthly income of the vendor shall be the net profit for the period in question; the expenses shall be in accordance with the monthly set aside report as developed by the Program and the Committee. (3-31-22)

d. Rebates, commissions, or bonuses received by the vendor from suppliers shall be reported as income. Such income is not to be treated as the separate, personal income of the vendor. (3-31-22)

e. Merchandise taken from the stock in trade of the facility by the vendor for personal use shall be paid for at cost. (3-31-22)

f. The business and premises shall be covered by adequate comprehensive and product liability insurance, and any such other insurance as will protect the vendor and anyone employed by the vendor against losses and claims arising out of the conduct of the business or which are required by law. The dollar amount of insurance shall be fixed by the Program and the Committee using industry standards and state requirements as guidelines to assure up-to-date coverage. The cost of such insurance shall be a cost of operating the business of the facility and taken into account as such in determining the net proceeds of the business operation. (3-31-22)

g. After an initial commitment to operate a primary location for twelve (12) months, an agreement may be terminated at anytime by the operator with at least thirty (30) days written notice to the Program. During the initial twelve (12) month period, the operator cannot bid on other primary locations without the consent of the Supervisor. (3-31-22)

h. The operator is encouraged to hire blind persons or persons with other disabilities when feasible. (3-31-22)

i. The vendor shall report promptly to the Supervisor any unresolved complaints of the property manager. (3-31-22)

j. The vendor may, with written approval of the Supervisor, negotiate with property managers for additional facilities. (3-31-22)

k. A vendor may purchase equipment for a facility only if the purchase is approved in advance, in writing, by the Supervisor. The Program, in its sole discretion, has the first option to purchase from the vendor any equipment purchased without advance, written approval. (3-31-22)

Idaho Admin. Code r. 15.02.30.130