APPENDIX D
PERMIT FOR THE ESTABLISHMENT OF A VENDING FACILITY ON STATE
PROPERTY AS AUTHORIZED BY SECTIONS
22-14-24 THROUGH
22-14-29 NMSA 1978:
This Agreement is between the commission for the Blind
Vending Facility Program (hereinafter "CB"), the Property Control Division,
General Services Department (hereinafter "PCD"), and
_____________________________ (hereinafter "User Agency") all of which are
agencies of the State of New Mexico.
WHEREAS, the State of New Mexico has determined a need for
the vending sales listed hereinafter and has determined that the space
allocations described hereinafter are appropriate, and
WHEREAS, CB has determined that a sufficient CB vending
facility program exists to fulfill the vending needs of PCD, the parties agree
as follows:
Pursuant to Sections
22-14-24 to
22-14-29 NMSA 1978, PCD, which has
responsibility for the Premises listed below, hereby grants to CB a permit to
operate a vending facility on the said Premises subject to the following terms
and conditions:
Name of licensed manager:
Tax ID Number:
1. In the event that the Licensed ceases
operation, the Commission for the Blind will be responsible for providing PCD
with the name of the new Manager and copy of the operating agreement.
2.
Location of
Premises(give building, street, city, and specify particular
portions of the building, when
appropriate):
________________________________________________________
________________________________________________________
PCD Building Number: (hereinafter
the "Premises").
3.
Term
of Agreement:
Beginning Date:
Ending Date:
4.
Hours of
Operation(give days of the week and hours each day that the
program will be operated):
Days of the
Week:
Hours of Operation:
5.
Goods
Vended:
(A) PCD authorizes the
sale of routine articles such as newspapers, periodicals, food, beverages and
other routine and sundry items except as further required under Section 3
[5](B) of this Agreement and as required herein (list all requirements and
restrictions):
Tobacco products will not be
sold.
Require use of lids for coffee, soups, stews or other liquid
products that may spill. Cups of ice and/or water shall be reasonably priced
based upon the cost to the licensed manager.
(B) User Agency requires and/or restricts CB
sales to products as
follows:
_______________________________________________________________
.
6.
Warranty: "CB" warrants that all goods vended shall be
of marketable quality and handled, stored and sold in accordance with all
applicable laws and regulations. "CB" shall notify User Agency in writing
within fifteen (15) days prior to any substantial change in quantity or
character of goods vended.
7.
Costs: PCD and/or User Agency (as may be applicable)
shall not charge any rent or other use fee to CB and shall provide CB with all
appropriate utilities for operation of the vending facility pursuant to
Subsection C of Section
22-14-27 NMSA 1978. CB and/or its
licensees shall not be required to provide a performance bond to PCD.
8.
Installation of
equipment: CB shall pay for and install all fixtures and equipment
needed for operation of the vending facility subject to approval of the
director of PCD: List below all equipment to be installed by PCD or user
Agency. List separately CB equipment specifically receiving the approval of the
PCD director:
CB: see attached listing of equipment inventory
9.
Competition: Check appropriate paragraph:
_____No
vendors, other than those under contract with CB, or other competing vending
operations (such as employees' social funds, coffee funds, etc.) shall be
allowed to operate on the Premises.
_____There are no vending machines or other competitive
vending services offered at the Premises except as follows:
_____Competitive vending services on the Premises shall be
allowed as follows: (list type of service/product, areas of location, and
restrictions on proximity of sales by CB as applicable):
10.
Preference to
CB: PCD and User Agency agree that CB shall be given a preference
in the operation of its vending facility and that the non-CB vending operations
specified herein shall not adversely impact CB's ability to do business. PCD
further agrees to limit non-CB vending contracts to two years in order to
assure periodic review of the impact of such operations on CB sales. Should an
adverse impact be established, PCD agrees to either not renew the non-CB
vending contract or modify it upon renewal in a manner that is designed to
eliminate the adverse impact.
11.
Approval of Contracts: All non-CB vending contracts
entered into by PCD shall receive the approval of CB before coming into force.
Such approval shall not be withheld unreasonably and, in any event, shall not
be withheld when CB cannot offer the vending sales called for in the
contract.
12.
Cleaning: CB shall provide routine janitorial services to all
areas of the Premises (including equipment) where food preparation takes place.
PCD or User Agency, as applicable, shall provide routine janitorial services to
all remaining portions of the Premises, providing, however, that CB shall clean
all fixtures and equipment in the serving areas, and shall clean all storage
areas.
13.
Permits: CB shall obtain all necessary permits
required for vending facility operations and the facility shall be operated in
compliance with applicable health, sanitation and building codes or
ordinances.
14.
Insurance: PCD, CB and User Agency are entities of the
State of New Mexico and are only subject to liability insurance under the terms
of the New Mexico Tort Claims Act. licensed managers are independent
contractors and shall carry food purveyors and general liability insurance in
an amount not less than one million dollars ($1,000,000) to cover operations of
this facility.
15.
Nondiscrimination: CB shall take all actions necessary
to assure that the licensed manager does not discriminate against any person or
persons in the use and services of said vending facility on the basis of race,
color, age, religion, gender, national origin or disability.
16.
User Agency
Representative: The User Agency will appoint a representative that
will serve as the liaison between the User Agency and CB, in regard to matters
involving the operations of the Vending Facility. The Representative will
solicit input from staff of the User Agency and develop recommendations
regarding the operations of the Vending Facility. The recommendations will be
reviewed and approved by the User Agency administration before transmittal to
CB. The User Agency Representative shall transmit such recommendations in
writing directly to the commission for the Blind Vending Facility Program and
shall not have the authority to unilaterally order any
operation of the vending facility to be modified or terminated. The User Agency
Representatives will focus on, but not be limited in their recommendations to,
areas such as pricing of food and drink items, vending machine placement and
pricing, menu items, and general operation of the vending facility.
17.
Operation of Vending
Facility: CB agrees to operate the vending facility through its
licensees, by meeting the following minimum requirements:
(A) CB will provide a capable, licensed
manager, acceptable to PCD and User Agency, and that all personnel employed
will maintain good work ethics and shall maintain professional work
standards.
(B) CB shall provide
fixtures and equipment used in the service area (not otherwise specified in
Section 8 of this Agreement) including, but not limited to, counters, display
cases, refrigerators, coffee urns, steam tables, toasters, and ice cream
cabinets.
(C) CB will provide all
expendable items for snack bar or cafeteria operations, including, but not
limited to, dishes, silverware, pots, pans, dish carts, cups, trays, and paper
products such as towels and napkins.
(D) CB shall supervise and assist the Manager
in management of the vending business, and in maintaining a working
relationship with User Agency and PCD.
(E) CB shall provide User Agency with a price
list of all items to be sold. This list shall be delivered to User Agency in
writing prior to initiation of sales. CB shall not substantially change the
prices or items on said list without first giving the User Agency 15 days
written notice and obtaining the consent of User Agency. User Agency shall not
unreasonably withhold its consent, and, in any event, consent shall not be
withheld when due cause for the change is established by CB.
(F) licensed manager agrees to maintain the
work area in a clean and sanitary manner per Paragraph 12.
18.
Licensed
managers: CB agrees to allow only properly licensed CB managers to
use the Premises for sales, provided however, that CB may assign vending stand
trainees to work on the Premises. It is further agreed that the Manager, duly
licensed by CB, shall be entitled to hire non-licensed persons to assist him in
sales operations and food preparation. It is further agreed that CB, through
its licensees, may contract with private vendors and suppliers, distributors
and producers of products for supplying product sales through the CB Vending
Facility Program and in lieu of direct operation by a licensee, provided
however, that solicitation for and selection and award of such sales shall be
pursuant to a predetermined, written procedure requiring competitive proposals
or sealed bids. This requirement does not apply to the purchase of goods and
services used for vending facilities actually operated by a licensee on a full
time basis, but rather only to vending facility operations contracted with
private vendors. Proceeds of such sales shall be administered according to laws
and regulations governing the CB Vending Facility Program. CB further agrees
that all contracts between CB (and/or its licensees) and private vendors shall
require the private vendor to provide a performance bond. CB shall thoroughly
investigate any complaints regarding vending operations and revoke the license
of any Manager of vending sales who fails to meet CB standards or the terms of
this Agreement (permit).
19.
Termination:
(A) The
PCD director may terminate this Agreement with 60 days written notice to CB if
any Agency space needs require the elimination of all space for all Concession
Sales in the building and for other good cause shown, including but not limited
to public health and safety.
(B) If
partial elimination of concession sale space takes place, CB vending stand
sales shall have priority for the remaining space available.
(C) Cancellation of this Agreement shall be
based on certification by the User Agency or other state Agency that its space
needs cannot include any type of concession sales and must be used for the
operation of the Agency's business.
(D) CB may terminate this Agreement by giving
the PCD director 60 days written notice in advance of the last day of operation
of the vending facility which is to be closed.
20.
Right of Entry and
Inspection: The PCD director or his designee shall have the right
to enter and inspect the Premises and equipment therein during normal business
hours, as defined in Section Two of this Agreement, and at all times in the
event of emergency. In the event of emergency, CB shall provide all keys
necessary for entry to the Premises to the PCD director or his
representative.
21.
Agreement Constitutes Permit: This Agreement shall
also constitute a Vending Facility Permit to CB.
22.
Maintenance of
Premises: It is agreed that normal maintenance of the premises
will be the responsibility of the New Mexico General Services Department (User
Agency). This shall include items such as lighting, doors, heating and cooling,
etc. It is further agreed that maintenance of food service equipment will be
the responsibility of the licensed manager and CB.
Items:
a.
b.
c.
d.
23.
Telephones: User
agency and Property Control director shall not be required to provide a
telephone to licensed manager on the premises. licensed manager agrees to the
responsibility of providing telephones.
24.
Indemnification:
CB shall defend, indemnify and hold PCD and User Agency harmless from all
actions, proceedings, claims, demands, damages, costs, including but not
limited to Attorney's fees, and all other liabilities and expenses of any kind
from any source which may arise out of this Agreement or any amendment thereto,
if caused by the tortuous act of CB and/or its licensees, employees, officers,
or servants, and/or the employees, officers or servants of CB
licensees.
This Agreement is entered into the dates below:
The Commission for the Blind
By:_______________________________________
Date_________________
Name:
Title: Executive Director
Property Control division, General Services Department
By:_______________________________________
Date_________________
Name:
Title: director GSD/PCD
User Agency
By:_______________________________________
Date_________________
Name:
Title:
Responsible for Maintenance (Per Paragraph 22)
Copy of this Permit to be given to Licensed Manager.
Attachment: Operating Agreement Between CB and Licensed
Manager
By:_______________________________________
Date:_________________
General Services Department
Building Services division
Contact:_____________________________________________
Attachments: Operating Agreement
List of CB Equipment
Copy of Liability Insurance
