MassDOT Service Plazas - RFP Form of Lease Appendix J Addendum 3.pdf

PDF 55 KB Posted

Attached to
MassDOT RFR Service Plaza Operator
Solicitation number
BD-25-1030-CPO1-CPO1-107836
Issued by
Berkshire County, Massachusetts

About this file

This document is a Vending Facility Permit issued by an unnamed building to the Massachusetts Commission for the Blind, detailing the terms and conditions for operating a vending facility. The permit grants the Agency the use of a room on an unspecified floor, free of charge, to operate a vending facility selling merchandise agreed upon by both parties. The facility will be operated by a blind vendor, who may have assistance from sighted or other blind persons, and the Building will provide utilities such as electricity, plumbing, ventilation, heat, light, and water at no cost to the Agency.

The permit includes several key provisions, such as the Agency being responsible for all equipment, fixtures, and accessories, which will remain their property. The Agency must obtain adequate liability insurance, maintain the facility, and ensure the vendor operates within specified legal mandates. The permit can be terminated by either party with three months' written notice and requires the Agency to remove all property upon termination. The document does not specify a fixed duration for the permit, but includes provisions for adding or changing merchandise through a written exhibit and allows for the potential inclusion of vending machines, with the vendor given preference in their purchase, installation, and income accrual.

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Text version

VENDING FACILITY PERMIT

This permit is granted by the _ ___, (thereafter Building) to the Commission for the Blind (hereinafter Agency) subject to the following terms and conditions:

1. Building will make available to Agency, without charge, the room known as the vending facility which is located on the ________________ floor. Agency will use this room for the operation of the vending facility (hereinafter Facility) at which there will be sold to employees in, and visitors to, the Building such merchandise as, Building and Agency agree upon. Such merchandise is set forth in Exhibit “A” attached hereto and made a part hereof. This Exhibit may be amended from time to time on written agreement by Building and Agency.

2. The facility equipment, fixtures and accessories acquired, purchased and installed by Agency at its sole cost and expense shall at all times remain the property of said Agency.

Building shall not be liable for any loss of or damage to the vending stand, its equipment, accessories, fixtures, or merchandise unless caused by the negligence or intentional acts.

3. Agency shall, whenever adding new fixtures, equipment, or accessories inform the Building in writing of its intention and provide specifications for new equipment, fixtures, and accessories prior to the installation of same. Building shall review and approve or disapprove the Agency’s written request within 30 days of receipt of the request.

4. Agency shall repair, replace, and maintain equipment fixtures and accessories it places in the facility.

5. Agency shall supervise operation of the Facility. Without cost to Agency or Vendor. Building shall furnish sufficient electricity, plumbing, ventilation, heat, light and water for Facility operation. Agency agrees to be responsible to Building for any damage to the premises caused by Vendor or Agency.

6. The operation of the Facility will be conducted by a blind person (hereinafter Vendor) designated by Agency. Neither Building nor Agency shall in any way charge the Vendor any rentals, fees, charges, or contributions for the operation of Facility. Agency will pay for all alterations it deems necessary, provided Building first approves said alterations. Vendor may have the assistance of one or more sighted or blind persons if necessary to furnish satisfactory service. If Building deems the performance of any Vendor or assistant unsatisfactory, then it shall give Agency written notice of same. Within 45 days of receipt of notice from, Agency shall make a finding as to presence or absence of just cause to remove said Vendor or assistant.

It is expressly understood and agreed that no Vendor or assistant shall be considered to be an employee of the Commonwealth, and that the Commonwealth, its officers, agents, servants, and employees shall not be liable in any way for any injury to the person of such Vendor or assistant or for damage to their property.

7. The facility shall, at all times, be operated in accordance with all legal mandates applicable to its operation. All merchandise sold at the Facility shall be of good quality, and prices charged therefore shall not exceed regular retail prices for like merchandise.

8. In the event Building shall decide to allow vending machines on the premises, Building shall adopt policies and take actions giving the Vendor preference in the purchase, installation, management, and accrual of income from such vending machines.

9. Agency agrees to assure that Vendor obtains adequate liability insurance policy. covering the operation of the Facility, and that upon Buildings request, Vendor furnishes it with a certificate from such company confirming existence of such policy.

10. Vending Facility shall be operated during the following hours: ________________________.

11. This permit may be terminated by Agency or Building upon a showing of good cause, upon three months’ prior written notice to the other at which time Agency shall remove all its property from the premises.

Notice to Building shall be addressed to:

Notice to Agency shall be addressed to Commissioner Massachusetts Commission for the Blind 600 Washington Street Boston, MA 02111

This permit granted on the dates indicated below

DATE__________Commissioner________________________ Massachusetts Commission For The Blind

DATE__________Name_______________________________ Title________________________________

EXHIBIT A

Products to be sold at the facility

EXHIBIT B

Vending Machines

Location and Type of Machine

File details come from the government source that posted it. Updated .