Alabama Administrative Code › Title 795 - ALABAMA DEPARTMENT OF REHABILITATION SERVICES HOMEBOUND PROGRAM › Chapter 795-7-10 - VENDOR OPERATING POLICIES › Section 795-7-10-.01 - Duties And Responsibilities

Current through Register Vol. 42, No. 9, June 28, 2024
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
Statutory Authority:
Code of Ala.
				  1975
, §§
										21-1-40,
				  21-9-9;
				  20 U.S.C.
				  107 et. seq.