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:
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
N.M. Admin. Code § 9.4.5.42
4/15/97; Recompiled 10/01/01