Ala. Admin. Code r. 795-7-10-.01

Current through Register Vol. 43, No. 1, October 31, 2024

Section 795-7-10-.01 - Duties And Responsibilities

As a condition of participation in the program, each BEP vendor shall agree, in writing, to perform in addition to duties and responsibilities stated in other sections of these rules, the following:

(a) To perform faithfully and to the best of his/her ability the necessary duties and requirements to operate his/her facility in accordance with BEP rules and regulations, terms of the facility permit or contract, and the vendor agreement.

(b) To pay for any and all merchandise for resale, overhead expenses, and operational costs of the facility, including utilities which may be required of the vendor in his/her permit and or operating agreement.

(c) To pay, at the vendor's cost, for items removed or used from the facility for personal reasons.

(d) To retain all receipts and invoices for review by the SLA or its designated representative.

(e) To be on duty and maintain hours of operation as established by the SLA and grantor. All planned absences must be communicated in advance to the BEP representative. Vendors will report unplanned absences as soon as possible.

(f) To comply with all federal, state, county, and municipal taxes, and other laws such as social security, employment, retirement, workmen's compensation, and minimum wage laws.

(g) To maintain, at all times, inventory levels or cash equivalent that equals the original investment of the SLA. A vendor may, at any time, return the cash equivalent of initial stocks or merchandise to the SLA. The return of any cash amount for initial stocks or merchandise will be appropriately noted and a written receipt will be provided.

(h) To submit written inventories of facility merchandise upon request. All inventories will be priced at cost or market value, whichever is lower.

(i) To provide and furnish housekeeping, cleaning, janitorial, and exterminating services for the facility as are necessary to present a safe, clean, and attractive business.

(j) To complete and submit "Facility Monthly Sales & Escrow Report" (BEP-1E), set-aside and escrow payments in accordance with BEP-1E instructions.

(k) To set-aside and pay the Program Asset Fund each month the designated percent of net proceeds from a facility's total sales.

(l) To refer all matters of policy to the SLA, abide by these rules and decisions reached in the event there are no rules or regulations covering the issue.

(m) To release and hold harmless the SLA, its agents, assigns, and employees from liability for damages or any personal injuries the vendor or his/her employee(s), agent(s), assignee(s), guest(s), or invitee(s) may sustain during the operation of the facility.

(n) To receive approval from the SLA prior to the purchase of equipment or construction of fixtures for use in the facility.

(o) To make no effort to sell, sublease or otherwise dispose of the facility. Exiting vendors shall leave all equipment, fixtures, merchandise, and supplies owned by the SLA.

(p) To promptly report any complaints or comments of the grantor, property owner, vendor, or person in charge of the facility or its location(s) to the BEP representative.

(q) To cooperate with officials and representatives of the SLA and grantor in association with their official responsibilities.

(r) To permit access to the facility by all SLA representatives at any time.

(s) To operate as an independent businessperson, subject to BEP Rules and not as an employee, agent, or representative of the SLA.

(t) To demonstrate the capability to operate a facility, service and maintain vending machines, and other equipment, maintain actual control of facility operations, retrieve money, control cash, products, and personnel when applicable.

(u) To compile and furnish a copy of reports documents, or materials as requested by the SLA.

Authors: Alabama Board of Rehabilitation Services, Alabama Elected Committee of Blind Vendors

Ala. Admin. Code r. 795-7-10-.01

New Rule: Filed January 19, 2000; effective February 23, 2000.

Statutory Authority:Code of Ala. 1975, §§ 21-1-40, 21-9-9; 20 U.S.C. 107 et. seq.