7 CCR 1105-1-9.409 - BLIND OPERATOR AGREEMENTS, RESPONSIBILITIES, AND BUSINESS ENTERPRISE LOCATION [Rev. eff. 7/1/08]

9.409.1 Blind Operator Agreement [Rev. eff. 7/1/08]

A. Each Blind Operator and the State shall enter into an agreement concerning operation of any Business Enterprise Location.

B. The agreement shall not be effective until signed by the Blind Operator and the delegated authority on behalf of the State of Colorado.

C. The execution of such agreement must occur for each Blind Operator in each Business Enterprise Location, prior to any Blind Operator performance or transition into such Business Enterprise Location.

D. The State Licensing Agency may develop further policy governing agreements for true emergency transitions, as approved by the Colorado Department of Labor and Employment, Procurement and Contracts Services Division.

E. Unless otherwise specified within governing Laws, Regulations, or these Rules, the State of Colorado views all Blind Operators as contractors for the purpose of carrying out any executed contract or agreement, including for the enforcement of rights and obligations.

F. The Blind Operator Agreement will:

1. Identify each party's full legal name, business address, and legal notification address.

2. Identify the transition in/start date.

3. Identify the Individual Business Enterprise Location;

4. Define the nature, scope and, responsibilities of the Blind Operator concerning the operation of the Individual Business Enterprise Location;

5. Describe management services offered by the State Licensing Agency and direct to resources which further define;

6. Identify allowable business expenses in accordance with § 9.405.1.

7. Identify items which must be returned upon the transition out of the Business Enterprise Location.

G. Execution of the Blind Operator Agreement

The Blind Operator Agreement must be signed prior to the Blind Operator's acceptance of an Individual Business Enterprise Location. A Blind Operator's failure to execute the Blind Operator's agreement, within the allotted time period designated by the State Licensing Agency, shall result in the Blind Operator surrendering their opportunity to manage the Individual Business Enterprise Location for which the agreement was prepared. A new agreement must be signed each time the Blind Operator accepts the opportunity to manage any Individual Business Enterprise Location, whether permanent or temporary.

Signature of the Blind Operator Agreement signifies their receipt of all information necessary to fully understand their responsibilities at the respective Business Enterprise Location, in compliance with 34 CFR Part 395.3(a)(11)(vi).

The Blind Operator Agreement will expire annually or periodically in accordance with the written policies of the program. The Blind Operator Agreement may be renegotiated prior to expiration.

9.409.2 Business Enterprise Location Transfer and Promotion [Rev. eff. 7/1/08]

This rule is written in accordance with §9.403.2 of these rules.

The transfer or promotion of a Blind Operator to a new Business Enterprise Location will be through a Transfer and Promotion process, policy, or procedure, which will include provisions for:

A. Definitions specific to transfer and promotion, if applicable.

B. Temporary Business Enterprise Location management and prescribed minimum or maximum period of time.

C. Length of time a Blind Operator may maintain their former Business Enterprise Location upon award of a new permanent Business Enterprise Location.

A Blind Operator shall be transferred to a Business Enterprise Location, or from their assigned Business Enterprise Location only when the transfer will directly benefit the Blind Operator or will be in the best interest of the Business Enterprise Program, giving preference to the Blind Operator having demonstrated the most ability in management of a Business Enterprise Location.

For the purposes of this Section, the following may each be considered to be Individual Business Enterprise Location.

A. A vending route

B. Premises as defined by legal agreement - wherein the agreement premises encompass an entire campus, base, installation, or other pairing/clustering of physical sites, the State Licensing Agency may change the established parameters of the Individual Business Enterprise Location to reflect the entire premises as defined in the Federal or State contract.

No limitation shall be imposed on vending machine income, combined to create a Business Enterprise Location, when such facility is maintained, serviced, or managed by a Blind Operator.

An Individual Business Enterprise Location shall only be assigned to one Blind Operator, unless the State Licensing Agency approves an exception through written documentation.

Notes

7 CCR 1105-1-9.409

40 CR 04, February 25, 2017, effective 3/17/2017 41 CR 05, March 10, 2018, effective 3/30/2018 42 CR 03, February 10, 2019, effective 3/2/2019 42 CR 17, September 10, 2019, effective 9/30/2019 43 CR 02, January 25, 2020, effective 3/1/2020 45 CR 21, November 10, 2022, effective 11/30/2022