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HomeMy WebLinkAboutVending Machine Agreement with Idaho Commission for the Blind and Visually Impaired for Vending Facility on City PropertyState of Idaho Meridian City, City Hall Vending Machine Agreement APPLICATION AND PERMIT FOR THE ESTABLISHMENT OF A VENDING FACILITY ON Meridian City PROPERTY AS AUTHORIZED BY THE IDAHO FOOD SERVICES FACILITIES ACT, SECTIONS 67-6901- 67-6905 IDAHO CODE, SECTION 67-5407 IDAHO CODE, AND IDAPA 15 TITLE 02, CHAPTER 30. The Idaho Commission for the Blind and Visually Impaired (hereinafter the "Commission")requests approval of Meridian City (hereinafter the "Owner") to establish a vending facility on the property located at City Hall, Meridian, Idaho, (hereinafter the "Building"). SATISFACTORY SITE: It has been determined that the Building meets the criteria of a "Public Building" as defined in Section 67-6902(1) Idaho Code and IDAPA 15, TITLE 02, CHAPTER 30 and that the Building meets the criteria of a "satisfactory site" as defined in 34 CFR 395.1(q) and adopted by IDAPA 15.02.30.001. Any exceptions are documented in Attachment A. TYPE, LOCATION AND DETAILS OF FACILITY: Type of facility: Vending Machine; Facility location: Meridian City Hall, 33 E. Broadway, Meridian, Idaho. The types of articles to be sold and services to be offered are enumerated in Attachment B. The fixtures and equipment for this facility, including the responsibility for the provision thereof, are set forth in Attachment C. Hours of operation are set forth in Attachment D. Income Distribution is described in Attachment E. OTHER TERMS AND CONDITIONS: Both parties shall comply with the provisions of the Idaho Food Services Act, Sections 67-6901- 67-6905 Idaho Code and the provisions of 34 CFR § 395.35 as adopted by IDAPA 15.02.30.001. In accordance with Section 67-6903, Idaho Code, no rent will be charged by the Owner for operation of the vending machines covered by this permit. This permit is issued for an indefinite period of time, subject to suspension or termination as described in Attachment F. Both parties shall comply with Title VI of the Civil Rights Act of 1964 and all regulations issued pursuant thereto. Any additional terms and conditions applicable to this location are included in Attachment F. IDAHO COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED By: ~~~~ Dated: 3 ~ b ' Off' APPROVED: Blind Enterprise Program Supervisor ~ti,,,,,,,,,;~~tle• ~~~` /// • ~~ '~ _ ~~ SEAg., 9 Page -1- ~`~ ~:~Q~~Sr~s~•, Q ~' '~ A ,, ~, ~ C;~j C/a ~c+~ Meridian City, City Hall Idaho Commission for the Blind and Visually Impaired ATTACHMENT "A" THIS LOCATION MEETS THE CRITERIA OF A SATISFACTORY SITE The vending facility currently occupies the main staff break room. However, upon agreement of both parties to this permit, the vending facility may be moved to another suitable area of the building. Page -2- Meridian City, City Hall Idaho Commission for the Blind and Visually Impaired ATTACHMENT "B" TYPE OF ARTICLES PROVIDED: 1. COLD BEVERAGE 2. DRY SNACK 3. Other related vending items if deemed feasible in the future. Page -3- Meridian City, City Hall Idaho Commission for the Blind and Visually Impaired ATTACHMENT "C" EQUIPMENT COLD BEVERAGE MACHINE DRY SNACK MACHINE Providing adequate vending machines and securing an appropriate Blind Vendor to operate the machines is the responsibility of the Commission. OTHER EQUIPMENT Other equipment necessary for the operation of the vending machines is the property of the Commission. EQUIPMENT MAINTENANCE AND REPLACEMENT The Commission and the Blind Vendor are responsible for maintaining the equipment and keeping it in good working order. If the equipment becomes un-repairable, the Commission will replace it. EQUIPMENT PREVENTIVE MAINTENANCE Upon arrival of each piece of equipment, the Blind Vendor or his/her employee(s) will inspect the equipment and ensure that it is in working condition. A service person will be called to repair any equipment that is not in good working condition. After machine stocking and any necessary maintenance are completed, the Blind Vendor will remove any associated trash from the building or to a designated area. The Blind Vendor will keep the vending equipment neat and clean. The machines will be cleaned as required. ELECTRICAL, LIGHTS, PLUMBING The Owner will provide the space, adequate ceiling lighting and all utilities for the safe and efficient operation of the vending machines. The Owner is responsible for periodic and necessary maintenance and cleaning of the floor space, walls and other area around the vending machines. Page -4- Meridian City, City Hall Idaho Commission for the Blind and Visually Impaired ATTACHMENT "D" HOURS OF OPERATION: The vending facility will operate at all hours the Building is occupied. Page -5- Meridian City, City Hall Idaho Commission for the Blind and Visually Impaired ATTACHMENT "E" VENDING FACILITY INCOME The Blind Vendor licensed by the Commission to operate the vending machines at this Building is entitled to the receipt of all income derived from the machines. Page -6- Meridian City, City Hall Idaho Commission for the Blind and Visually Impaired ATTACHMENT "F" ADDITIONAL TERMS AND CONDITIONS: A. Liability and Insurance Each parry shall be responsible to each other or to third parties for any injury or damage caused by the negligence or other wrongful conduct of its own employees and agents. The Commission shall be responsible for ensuring that the Blind Vendor obtains any necessary liability, product liability and worker's compensation insurance required by 1DAPA 15.02.30.070.04. Upon written request of the Owner, the Commission will provide evidence of proof of insurance by the Blind Vendor. B. Grounds for Termination and Notice 1. In the event the Owner or the Commission decides to no longer offer food or beverages through vending machines at the Building, that party may terminate this Agreement upon thirty (30) days written notice to the other party. 2. Otherwise, either party may terminate this Agreement only for cause. Cause shall be defined as either a material breach of the Agreement by the other party or a substantial and continuing failure of the Blind Vendor to stock and service the vending machines after being notified by the Owner of the failure. 3. Upon cause, the complaining party shall notify the other party in writing specifying the nature of the problem. Unless an emergency exists, after actual receipt of the notice, the party upon which notice is served shall be given one-week to cure the deficiency. If the cause is not cured within one-week, the complaining party may terminate this Agreement upon one (1) additional week's written notice to the other party. C. Commission Obligations at Termination Upon the termination of this Agreement, Commission hereby warrants that it will faithfully and promptly, without holding over, remove all its equipment and other personal property from the Building no later than One Hundred Twenty (120) hours after termination of this Agreement. The Commission, at its expense, shall immediately repair, or make arrangements for the repair of, Page -7- any damage occasioned to the Building by reason of the installation, rearranging andlor removal of said vending machines, inventory and other personal property and upon the expiration of this Agreement, shall leave the Building in a neat and clean condition, free of debris. D. Compliance with Health Codes The Commission will ensure that the vending machines are operated in compliance with any applicable health, sanitation and building codes. Page -8-