Section 534.300  Responsibilities

a)         Department

1)         The Department will determine the location, type, and appearance of rest area vending facilities and provide for the installation and maintenance of water lines and electrical connections to the vending facilities.

2)         Department will provide for the design, construction, and maintenance of vending facilities with full consideration and accommodation for persons with disabilities in accordance with the federal and State laws and regulations.

3)         The Department will provide advanced highway signing alerting motorists about the vending facilities to be located on existing rest area informational signs, in conformance with the Illinois Manual on Uniform Traffic Control Devices.

b)         DHS

1)         The DHS shall assign vendors to operate vending machines at rest areas under the jurisdiction of the Department by executing written contracts consistent with this Part and Section 9-113.1 of the Code.

2)         The DHS shall submit to the Department vendor name and contact information for each location.

3)         The DHS shall provide vending equipment and appurtenances only in Department approved vending location and maintain them in good working order.

4)         The DHS shall provide adequate means for rest area patrons to purchase goods by credit card, debit card, or cash.  Money changing machines in good working order may be provided by DHS if deemed beneficial and there is adequate space.

5)         To the extent that federal funds are involved, all contracts between DHS and any vendor shall include nondiscrimination provisions in accordance with the Civil Rights Act of 1964 (42 U.S.C. 2000d-2000d-5), Landscape and Roadside Development regulations (23 CFR 752.8(c)(6)), and the Rehabilitation Act of 1978 (29 U.S.C. 794).

c)         Vendors

1)         The vendor shall pay for all metered utilities for the vending machines if applicable.

2)         The vendor shall be responsible for the operation, maintenance, and security of vending machines located at rest areas.

3)         The vendor shall service vending facilities to ensure, except for conditions resulting from acts of God such as tornados, flooding, earthquakes, etc., that the services are available to rest area patrons 24 hours a day, 365 days a year.

4)         The vendor shall limit vending items to hot and cold nonalcoholic beverages, candy, gum, snacks, sandwiches, soups, ice cream, and sundry items.  Sundry items include non-food items that can be dispensed by machines such as newspapers, fingernail clippers, pencils, and tissues.  All beverages shall be dispensed in cans or bottles except for hot beverages and soups.  No glass containers, petroleum products, or vehicle parts shall be dispensed.  All products shall be clearly marked with prices.

5)         The vendor shall comply with all laws and regulations regarding licensing by public health departments and other agencies responsible for the regulation of the vending business as explained in Section 650.80 of Licensing of Vendors (89 Ill. Adm. Code 650.80).

6)         The vendor shall provide an effective method and conspicuously display the process for the return of lost monies to patrons through one of the following methods:

A)        Refunds made directly to the customer by the vendor or the vendor's employee.

B)        Refund request cards which can be mailed by the customer to an address specified by DHS pursuant to Section 650.160 of Vending Facilities in Rest Areas (89 Ill. Adm. Code 650.160).  The cards will identify the vending machine that did not operate properly, the date, time, and type of problem.  DHS will determine whether the refund request is valid and will contact the vendor, who will be responsive for refunding money to the customer.

C)        When complaints exceed one per day and have to do with the quality of service or goods, the activities of vendor employees, or return of lost monies, the vendor shall make improvements in vending operations to reduce the number of complaints to less than one per day.

7)         The vendor shall provide the Department with the name and telephone number of the person who should be contacted for response when problems with the vending operations arise during time periods when no vendor personnel are present at the rest area.  The vendor's name and contact information shall be displayed on vending machines.

8)         The vendor shall assume all responsibility for liability resulting from the operation and maintenance of vending machines.

9)         The vendor shall provide that personnel assigned to service vending machines at the rest area sites wear clean, professional attire.