D.C. Mun. Regs. tit. 29, r. 29-205
Consistent with the scope of appropriate income from vending machines on federal and District of Columbia property described in § 204 and in 34 C.F.R. § 395.32(b)-(d), the District of Columbia Randolph-Sheppard Vending Facilities Program as the state licensing agency shall receive vending machine commissions for authorized services from vending providers at a rate not higher than the provider's customary payment for such services.
Type of Vending Machine Product | Rate/Unit in machine |
Beverage | 21 percent/beverage machine |
Snack and/or sundry items | 13 percent/snack or sundry item machine |
Gumball | 25 percent/gumball machine |
Each vending provider shall pay the state licensing agency a commission of gross sales with no deduction for taxes.
The vending provider shall pay the vending machine commissions monthly with respect to vending machines filled with beverages, snacks, and/or sundry items; and quarterly with respect to vending machines filled exclusively with gumballs.
The vending provider shall provide a monthly sales report with a full service account summary with each check for vending machine commission payment and shall include information on the vending machine location, the total gross sales per machine, the total net sales per machine, and the month in which the commission is being paid.
Each vending machine must be equipped with a non-resettable meter. Meter readings will be taken on at least a monthly basis, and shall be part of the submitted sales report.
The vending provider agrees to indemnify, defend, and hold harmless the state licensing agency against all claims, demands, liabilities, suits, damages, and costs of every kind and nature whatsoever, including court costs and attorneys' fees arising out of or caused by the provider, its agents, or employees. The provider shall maintain workers' compensation insurance, which shall inure to the benefit of all provider personnel provided hereunder and comprehensive general liability insurance. The provider will furnish the licensing agency with a certificate of insurance providing the aforesaid coverage.
The vending provider shall ensure timely commission payments to the state licensing agency. If the state licensing agency does not receive payment from the vending provider within ten (10) days of the end of the previous reporting period, the payment shall be considered late a penalty not to exceed five percent (5%) may be assessed against the vending provider.
The state licensing agency shall have the right to conduct audits of all reasonably-aged records at the vending provider's place of business. The vending provider shall provide all records in a timely manner.
The vending provider shall alert the state licensing agency of site management issues at each of the vending facilities on which there is a vending machine serviced by the provider.
Each vending machine will contain, at a minimum, the ability to provide wireless remote monitoring by the state licensing agency twenty-four (24) hours per day, including daily sales transactions of cash or credit card, and an alert system for all malfunctions and status checks of the equipment.
The vending provider must provide vending machines that are able to meet the District of Columbia healthy vending requirements listed in the District of Columbia Workplace Wellness Policy (D.C. Official Code §§ 1-541.01 et seq.), the Health and Sustainability Guidelines for Federal Concessions and Vending Operations developed by the United States Department of Health and Human Services and the United States General Services Administration, and the 2013 District of Columbia Energy Conservation Code Supplement (12-I DCMR).
The state licensing agency will evaluate the vending provider's performance to ensure services are performed in accordance with the provisions of this section. In doing so, the state licensing agency may conduct quality assurance inspections at any time.
The state licensing agency shall convene meetings, when necessary, between the vending provider and the host site to resolve any site management issues that may arise.
D.C. Mun. Regs. tit. 29, r. 29-205