111 CMR, § 3.08 - Operation

(1) Location and type. The Commission shall select satisfactory sites for vending facilities and types of facilities to be provided.

(2) Vendors agreements.

(a) Prior to operating a facility, each licensee shall sign a selection agreement with the Commission effective on the date of execution. The agreement shall substantially conform with the form at 111 CMR 3.19: Appendix 1, and shall contain the following information and such other information as the Commissioner shall from time to time require: the address of the facility; an assertion that the licensee has a valid appropriate license issued pursuant to 111 CMR 3.00; an assertion that the licensee shall operate the facility in full compliance with 111 CMR 3.00, the permit, and other applicable legal requirements; a notice of resignation of operation of present facility, if applicable; and a promise to pay or arrange payment of all outstanding bills by the date of resignation.

(b) On the first day he or she begins operation of a particular vending facility, each vendor shall sign a vendor of record agreement with the Commission effective on the date of execution. The agreement shall substantially conform with the form at 111 CMR 3.19: Appendix 2, and shall contain the following information and such other information as the Commissioner shall from time to time require: the address of the facility; an assertion that the vendor has a valid and appropriate license issued pursuant to 111 CMR 3.00; an assertion that the vendor is not vendor of record at any other facility and an assertion that the vendor shall operate the facility in full compliance with 111 CMR 3.00, the permit, and other applicable legal requirements.

(c) Unless otherwise indicated, the term vendors agreement when used in 111 CMR 3.00 shall refer to the selection agreement and/or vendor of record agreement as described at 111 CMR 3.08(2)(a) and (b).

(3) Permit. Prior to the licensee signing the selection agreement and vendor of record agreement, the Commission shall provide him or her a copy of the permit, if any.

(4) Merchandise. Unless otherwise provided in the permit or vendors agreements, only merchandise authorized in the permit shall be sold, and said merchandise shall be of reasonable quality and sold at fair market prices.

(5) Substitutes. Within 90 days of operating his or her vending facility, or immediately upon hiring consultant(s) or employee(s), whichever occurs first, each vendor shall furnish to the Commission the names, addresses and telephone numbers of at least one person designated by him as substitute for purposes of operating the facility in the vendor's absence. Each substitute shall be licensed by the Commission or duly trained by the vendor in the operation of vending facilities.

(6) Facility personnel. Each vendor may hire such employees, substitutes and consultants as he or she deems necessary for operation of the facility provided that every effort shall be made to hire blind personnel. The decision to hire personnel shall be solely the responsibility of each vendor. No vendor, vendor's consultant, substitute or employee shall be considered an employee of the Commonwealth, Commission or site grantor for any purpose whatsoever.

(7) Hours. Unless otherwise agreed in writing by the Commission, a given site grantor and vendor, each vendor shall be physically present at his or her facility at least 35 hours per week except when on up to five weeks (25 business days) vacation leave per year, or up to 15 days sick leave per year. In addition, each vendor may take medical leaves of absence as needed, provided documentation is provided to the satisfaction of the Director.

(8) Vacations, Sick Leave, Leaves of Absence. Unless otherwise agreed in writing by the Commission, a given site grantor and given vendor, each vendor may determine the duration and timing of his or her vacation(s) and personal leave(s) of absence provided he or she notifies the Commission in advance of each such vacation and leave; does not threaten the relationship between the Commission and site grantor by the terms and conditions of any such vacation or leave; and identifies to the Commission the substitutes(s) who will operate the facility during such vacation or leave. Each vendor may determine the duration and timing of his or her required sick leave provided he or she notifies the Commission immediately upon discovering the need for same, and identifies to the Commission the substitute(s) who will operate the facility during such sick leave.

(9) Set Asides. After the Commission provides full information on matters relevant to establishment and operation of a set aside program, if the majority of vendors votes to establish such a program, then, with the participation of the State Committee of Blind Vendors, the Commission shall establish a set aside program in which funds from the net income shall be used for the following purposes to the extent determined by the Commission, subject to the Commission's method for determining a charge for each purpose:

(a) maintenance and replacement of equipment;

(b) purchase of new equipment;

(c) management services;

(d) assuring a fair minimum return to vendors; and

(e) retirement or pension funds, health insurance contributions, and provision for paid sick leave and vacation time for vendors.

(10) Insurance. Each vendor shall at his or her expense, maintain the following insurance coverage effective beginning the first day of operation of his or her vending facility:

(a) Comprehensive general liability insurance, including product liability, for actions arising out of and in connection with the vendor's use and activities pursuant to 111 CMR 3.00, in the minimum single limit or equivalent split limits of $500,000.00 per occurrence or at such commercially reasonable level as the Commissioner may reasonably prescribe, identifying the site, and naming the site grantor as additional named insured. Upon receipt of the policy, copies shall be submitted by the vendor to the Commission and the site grantor.

(b) Workers' Compensation and Employers' Liability Insurance. Upon receipt of such policies, copies shall be submitted by the vendor to the Commission and the site grantor.

(11) Reports. Each vendor shall furnish to the Commission complete, accurate and true reports at the times and in the forms the program requires.

(12) Advertising. Subject to applicable law, terms of the permit and vendor's agreement, and site grantor's written approval, each vendor may advertise to the general public the existence and location of his or her vending facility: however he or she shall neither post nor permit to be posted on or at the facility handbills, stickers, or other such notices.

Notes

111 CMR, § 3.08