Current through Register Vol. 48, No. 10, October 25, 2024
Section 18-8 - Operating Agreement Between the Agency and Blind Licensed VendorA. The Agency agrees to:1. Equip the vending facility for carrying out the business authorized by the permit.2. Furnish initial stocks of merchandise and cash sufficient to enable the Blind Licensed Vendor to commence operating the business authorized by the permit. The Agency will ensure sufficient code dates for assigned merchandise inventories. The Agency will also furnish the Blind Licensed Vendor with a complete inventory of all equipment, initial stocks and cash provided.3. Maintain the equipment at the vending facility in good repair, and will replace obsolete and worn out equipment as necessary, subject to the availability of funds.4. Provide supervisory and management service necessary for the efficient operation of the vending facility.5. Participate in the Setoff Debt Collection Program with the Department of Revenue, to enforce the collection of the Blind Licensed Vendor's debt owed to the South Carolina Commission for the Blind.B. The Blind Licensed Vendor agrees to:1. Be responsible for having the vending facility open for business on the days and during the hours specified in the permit.2. Operate the vending facility business on a cash basis except for such credit as may be established and authorized by the agency.3. Be accountable to the Agency 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 Agency.4. Carry on the business of the vending facility in compliance with applicable health laws and regulations.5. Maintain a neat and clean businesslike appearance while working at the vending facility and will conduct business in an orderly, businesslike manner.6. Take proper care of the equipment of the vending facility and make alterations or changes therein only with the written approval of the Agency.7. Notify the Agency within a reasonable amount of time in advance of taking any voluntary leave from the vending facility and as soon as possible with respect to any involuntary leave.8. Provide for a substitute operator for the vending facility as may be necessitated by the absence of the Blind Licensed Vendor due to illness or vacation. The salary of the person who substitutes for the Blind Licensed Vendor will be charged to the vending facility where the service is performed.9. Keep such records and make such reports, as the Agency will require.10. Provide housekeeping, janitorial and exterminating services required for the vending facility and not provided by the property manager.11. Maintain a business account (set of vending facility records) separate from the Blind Licensed Vendor's personal banking accounts.12. Maintain inventory levels as prescribed by the Agency.13. Establish selling prices for the vending facility stock in trade as prescribed by the Agency.14. Be responsible for safeguarding money, stock in trade and supplies. The Blind Licensed Vendor will be responsible for absorbing any losses or reduction in value of stock regardless of cause.15. Report promptly any complaints or criticism of the property manager to the Agency.16. Report promptly any malfunctioning or damaged equipment, loss by fire, damage, theft or any other cause to the Agency.17. Report the names of Vendor Assistants employed, their working hours, weekly salary and visual condition to the Agency.18. Hire legally blind Vendor Assistants whenever feasible.19. Cooperate with the BEP Counselor in the conducting of inventories of the vending facility as deemed necessary by the Agency. The Blind Licensed Vendor will submit a list of suppliers and a price list to the BEP Counselor in the conducting of these inventories. After the merchandise inventory is taken and if any money is due to the South Carolina Commission for the Blind, it must be repaid within a 1-year period. Failure to pay during this time frame will result in the Blind Licensed Vendor being removed from the vending facility. Each Blind Licensed Vendor is required to perform an annual merchandise inventory. This inventory is to be conducted by December 31 st of each year and a copy of this inventory must be submitted to the BEP Counselor by January 15 th of the following year. The Blind Licensed Vendor must maintain an inventory level not to decrease more than $500 of the original assigned inventory.20. Blind Licensed Vendors are required to operate all machines assigned to their facility. Any transfer of machines to full service must have the prior approval of the BEP Director.C. Work Hour Policy for Indoor and Vending Route Locations.Each Blind Licensed Vendor must give his or her BEP Counselor the hours he or she will work each week. The schedule must include a minimum of 37.5 hours per week. If a Blind Licensed Vendor is not at his or her vending facility during the hours he or she has given his or her BEP Counselor, he or she will be considered absent from work.
1. At the first occurrence when a BEP Counselor visits a vending facility and the Blind Licensed Vendor is not at the facility the required hours, the BEP Counselor will document the files and give an oral warning. The oral warning will be accompanied by a letter stating this is the first occurrence and is the first official warning.2. The second time a Blind Licensed Vendor is absent from work during the year (12 continuous months) the BEP Counselor will again notify the Blind Licensed Vendor. The Blind Licensed Vendor will receive a warning from the BEP Counselor. The warning will be in writing and indicate it is the second warning.3. Should a Blind Licensed Vendor fail to be at work three times during a 12 month continuous period, this will result in that individual being placed on probation for twelve months. The Blind Licensed Vendor will receive a letter from the BEP Director stating that he or she is on probation for twelve months and failure to be at work will result in his or her termination.4. If a Blind Licensed Vendor is absent from work during the probationary period, the individual will be terminated from the Vending Facility Program.5. If a Blind Licensed Vendor is at work for a period of one year, beginning from probationary period, he or she will be reinstated as a Blind Licensed Vendor in good standing.D. Work Hour Policy for Interstate Vending Facilities.All Blind Licensed Vendors must work a minimum of four to six hours per day, seven days a week. (Blind Licensed Vendors working at Welcome Centers must work the hours of the Welcome Center.) All Blind Licensed Vendors must work a minimum of 37.5 hours per week. Each Blind Licensed Vendor must give his or her BEP Counselor the hours he or she will work each week (minimum of four to six hours per day). If a Blind Licensed Vendor is not at his or her vending facility during the hours he or she has given his or her BEP Counselor, he or she will be considered absent from work.
1. At the first occurrence when a BEP Counselor visits a vending facility on an interstate highway and the Blind Licensed Vendor is not at the facility the required hours, the BEP Counselor will document the files and give an oral warning. The oral warning will be accompanied by a letter stating this is the first occurrence and is the first official warning.2. The second time a Blind Licensed Vendor is absent from work during the year (12 continuous months) the BEP Counselor will again notify the Blind Licensed Vendor. The Blind Licensed Vendor will receive a warning from the BEP Counselor. The warning will be in writing and indicate it is the second warning.3. Should a Blind Licensed Vendor fail to be at work three times during a 12 month continuous period, this will result in that individual being placed on probation for twelve months. The Blind Licensed Vendor will receive a letter from the BEP Director stating that he or she is on probation for twelve months and failure to be at work will result in his or her termination.4. If a Blind Licensed Vendor is absent from work during the probationary period, the individual will be terminated from the Vending Facility Program.5. If a Blind Licensed Vendor is at work for a period of one year, beginning from probationary period, he or she will be reinstated as a Blind Licensed Vendor in good standing.The Blind Licensed Vendor must sign all Work Hour Policy Warnings. If the Blind Licensed Vendor refuses to sign the warning, the BEP Counselor or the BEP Director is required to make a note of the refusal on the warning, sign the warning and have it witnessed in the presence of the Blind Licensed Vendor.
E. General Agreement1. 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 Agency, and will be left at the vending facility or turned over to the Agency upon the termination of this agreement for any reason by either of the parties. In such an event, the fair market value of the Vendor's interest will be determined by the Agency and paid to the Blind Licensed Vendor or to the Blind Licensed Vendor's heirs or assignees.3. The monthly income of the Blind Licensed Vendor will be the net profits of the business of the vending facility for the period in question.4. Rebates, commissions or bonuses received by the Blind Licensed Vendor from suppliers are and must be accounted for as income of the vending facility. Under no circumstances are such funds to be treated as the separate personal funds of the Blind Licensed Vendor.5. Merchandise taken from the stock in trade of the vending facility by the Blind Licensed Vendor for his or her own personal use will be accounted for by the Blind Licensed Vendor and paid for at cost prices and reported on the monthly report.6. The South Carolina Commission for the Blind will make available to all Blind Licensed Vendors arrangements for carrying general liability and product liability insurance. The cost of such insurance will be a cost of operating the business of the vending facility and will be taken into account as such in determining the net proceeds of the business.7. Hot food will be sold only in those vending facilities specifically built and equipped for that purpose and which comply with applicable health regulations.8. The Blind Licensed Vendor may terminate this agreement at any time. It will be terminated upon the revocation or termination of the permit or contract. This agreement may be terminated by the Agency if the business of the vending facility is not conducted in accordance with this agreement or with applicable federal, state or local laws and regulations. In addition, the Blind Licensed Vendor's seniority will be revoked and the manager will be ineligible to bid on any location for six months.Amended by State Register Volume 18, Issue 4, eff April 22, 1994; State Register Volume 28, Issue No. 3, eff March 26, 2004.