Nebraska Administrative Code › Topic - COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Title 192 - (NAC) NEBRASKA ADMINISTRATIVE CODE NEBRASKA COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Chapter 3 - BLIND VENDOR PROGRAM › Appendix A - AGREEMENT FOR OPERATION OF A VENDING FACILITY UNDER RANDOLPH-SHEPPARD ACT BETWEEN

Current through June 17, 2024
THE Nebraska Commission for the Blind and Visually
				  Impaired
STATE LICENSING
AGENCY AND___________________________A LICENSED BLIND
				  VENDOR
THIS AGREEMENT entered into this______day of______, 20__, by
				  and between the Nebraska Commission for the Blind and Visually Impaired State
				  Licensing Agency (hereinafter, SLA), and__________licensed as a blind vendor
				  under the Randolph-Sheppard program (hereinafter, vendor) by the SLA,
				  WITNESSETH:
WHEREAS: the SLA has been granted a permit
				  by___________________, for the operation of a vending facility by a licensed
				  blind vendor under the Randolph-Sheppard program (hereinafter, permit) on the
				  (Federal property) (non-Federal property) located at_____________, a copy of
				  which permit is attached hereto and made a part hereof; and,
WHEREAS: the SLA has offered the vendor the opportunity to
				  operate the vending facility under the terms and conditions hereinafter set
				  forth; and
WHEREAS: the vendor has agreed to undertake the operation of
				  the vending facility under the terms and conditions hereinafter set forth;
				  and
WHEREAS: the parties do not intend to derogate in any way
				  from responsibilities and rights imposed and granted by applicable Federal,
				  State, or local laws or regulations by this agreement;
By and between____________________________, for the
				  SLA
And_____________________________, licensed vendor.
NOW, THEREFORE, in consideration of the premises, it is
				  mutually agreed as follows:
A. THE SLA:
1. The SLA will equip the vending facility for carrying out
				  the business authorized by the permit.
2. The SLA will furnish initial stocks of merchandise
				  sufficient to enable the vendor to commence operating the business authorized
				  by the permit. The SLA will also furnish the vendor with a complete inventory
				  of all equipment and initial stocks.
3. The SLA will maintain the equipment at the vending
				  facility in good repair, and will replace obsolete and worn out equipment as
				  necessary.
4. The vendor assumes all responsibility of providing
				  substitute help as may be necessitated by the vendor's absence because of
				  illness, vacation, or otherwise. All substitute help shall be approved by the
				  SLA. The salary of the person who substitutes for the vendor, or that of other
				  emergency help, shall be charged to the vending facility where the service is
				  performed, unless other provisions providing for vacation or sick leave are
				  made available by the SLA.
5. The SLA will provide, or will provide for, supervisory and
				  management services necessary for the efficient operation of the vending
				  facility.
B. THE VENDOR:
1. The vendor will be responsible for having the vending
				  facility open for business on the days and during the hours specified in the
				  permit.
2. The vendor will operate the vending facility business on a
				  cash basis except for such credit accounts as may be established or authorized
				  by the SLA.
3. The vendor will be accountable to the SLA for the proceeds
				  of the business of the vending facility, and will handle the proceeds,
				  including payments to suppliers and deposits of funds, in accordance with
				  instructions from the SLA.
4. The vendor will carry on the business of the vending
				  facility in compliance with applicable health laws and regulations.
5. The vendor will maintain a neat business-like appearance
				  while working at the vending facility, and will conduct the facility in an
				  orderly, business-like manner.
6. The vendor will take proper care of the equipment of the
				  vending facility, and will make alterations or changes therein only with the
				  written approval of the SLA.
7. The vendor will notify the SLA a reasonable time in
				  advance of taking any voluntary leave from the vending facility, and as soon as
				  possible with respect to any involuntary leave.
8. The vendor will keep such records and make such reports as
				  the SLA shall require.
C. GENERAL:
1- The business to be carried on at the vending facility will
				  be limited to that specified and authorized in the permit.
2. The right, title, and interest in and to the equipment of
				  the vending facility and the stock in trade, are vested in the SLA, and will be
				  left at the vending facility or turned over to the SLA on the termination of
				  this agreement for any reason by either of the parties. In such an event the
				  fair market value of the vendor's interest will be determined by the SLA and
				  paid to the vendor or to the vendor's heirs or assignees.
3. The monthly income of the vendor shall be the net profits
				  of the business of the vending facility for the period in question, less the
				  funds which must be set aside, as established in writing by the SLA pursuant to
				  34 CFR
				  395.9 (as amended 1987).
4. Rebates, commissions, or bonuses received by the vendor
				  from suppliers are, and must be accounted for as, income of the vending
				  facility. Under no circumstances are such funds to be treated as the separate,
				  personal funds of the vendor.
5. Merchandise taken from the stock in trade of the vending
				  facility by the vendor for their own use shall be accounted for by the vendor
				  and paid for at costs prices.
_______________________ __________________________
SLA Representative Signature Vendor Representative
				  Signature
______________________
Printed Name
_____________
Date
___________________