The operating agreement between the Division of State Services for the Blind and the vendor, which must be signed at the time the vendor accepts assignment to a vending facility, sets forth the following terms and conditions:
- (1) The responsibilities of the division to provide management services to the vendor, including assistance and supervision;
(2)
- (A) A statement that the vendor will receive the net proceeds from the vending facility that he or she operates.
- (B) Net proceeds are defined as the amount remaining from the sale of articles or services of vending facilities and any vending machine or other income accruing to blind vendors after deducting the costs of such sale and other expenses (excluding set-aside charges required to be paid by the blind vendors);
(3) The duties of the vendor and the requirement that the vendor must perform his or her duties in accordance with:
- (A) Standards prescribed by the division;
- (B) Applicable health laws and regulations; and
- (C) The terms of the permit granted for the contract entered into with the federal or other agency or organization in control of the site of the vending facility;
- (4) The responsibility of the vendor to furnish such reports as the division may require;
- (5) The right of the vendor to terminate the operating agreement at any time;
- (6) The termination of the operating agreement upon the termination of the permit or contract;
(7) The termination or revocation of the operating agreement upon the failure of the vendor to operate the vending facility in accordance with:
- (A) The operating agreement;
- (B) Policies and standards; or
- (C) Applicable federal, state, or local laws or regulations; and
- (8) The vendor's rights and remedies as guaranteed under the Randolph-Sheppard Act, 20 U.S.C. § 107 et seq., shall be included in the operating agreement.