192 NAC 3-015. NOTIFICATION TO VENDORS OF THEIR RIGHTS AND RESPONSIBILITIES

015. NOTIFICATION TO VENDORS OF THEIR RIGHTS AND RESPONSIBILITIES. 015.01. DUTY OF STATE LICENSING AGENCY. The State Licensing Agency shall furnish to each blind vendor a copy of these rules and regulations and any amendments thereto, a written description of the arrangements for providing services and the agreement and permit covering the operation of the vending facility. 015.2. SLA ASSISTS VENDOR IN INTERPRETATION. At the request of a blind vendor, the State Licensing Agency staff shall arrange a time convenient to both parties to assist the blind vendor in the interpretation of the regulations, agreements or permits. APPENDIX A AGREEMENT FOR OPERATION OF A VENDING FACILITY UNDER RANDOLPH-SHEPPARD ACT BETWEEN THIS AGREEMENT entered into this XX day of XXXX by and between the NEBRASKA COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED (State Licensing Agency - SLA), hereinafter referred to as NCBVI or SLA, and Blind Vendor, licensed by NCBVI as a Licensee under the Randolph-Sheppard Program, hereinafter referred to as the Licensee, WITNESSETH: WHEREAS, NCBVI has been granted a permit by the Government Entity for the operation of a vending service facility hereinafter referred to as PERMIT on the properties located at Facility Name and Address (see attachment ‘B’ for machine and location specs) in Nebraska; WHEREAS, NCBVI has offered the Licensee the opportunity to operate the vending service facility under the terms and conditions hereinafter set forth; and WHEREAS, the Licensee wishes to undertake the operation of the vending service facility under the terms and conditions hereinafter set forth; and WHEREAS, the parties wish to materially comply with all applicable Federal, State, or local laws or regulations in the performance of this agreement; NOW, THEREFORE, premised on the Recitals above, and in consideration of the mutual promises and understandings of the parties set forth below, the parties agree as follows: A. RESPONSIBILITIES OF NCBVI: 1. NCBVI will equip the vending service facility (“Facility” or the “vending facility”) for carrying out the vending business authorized by the Licensee’s permit (“Permit”). 2. NCBVI will furnish initial stocks of merchandise sufficient to enable the vendor to commence operating the business authorized by the Permit. 3. Except as provided in Attachment A, NCBVI will maintain the NCBVI-owned snack equipment at the vending facility in good repair, and, in NCBVI’s sole judgment, will replace obsolete and worn out equipment as it deems necessary. 4. NCBVI will obtain all applicable and necessary health permits, inspections, and liability insurance prior to opening the vending facility. 5. NCBVI will provide supervisory services as necessary for the efficient operation of the Facility. In the case where there is a new vendor, NCBVI will assist with administration until the Licensee can manage it themselves. B. RESPONSIBILITIES OF THE LICENSEE: 1. The Licensee shall be responsible for having the vending facility open for business on the days and during the hours specified in the permit, which may encompass, 24 hours a day, 7 days a week and closed on observed federal or state holidays. 2. The Licensee shall operate the vending facility business on a cash basis except for such cashless or credit accounts as may be established or authorized by NCBVI. 3. The Licensee shall account for and maintain accurate business records and provide NCBVI access to such business records and accounting books of the business of the vending facility upon request by NCBVI. Moreover, Licensee shall amend its accounting methods and business record keeping procedures upon written request from NCBVI. 4. The Licensee shall carry on the business of the vending facility in compliance with applicable health laws and regulations including, but not limited to, food safety codes, and NCBVI regulations. 5. Except as provided in Section A3 above, the Licensee shall take proper care of the equipment of the vending facility, and may make alterations or changes to said equipment only with the prior written approval of NCBVI. 6. The Licensee shall notify NCBVI within a reasonable amount of time in advance of taking any voluntary leave from the Facility, and as soon as possible with respect to any involuntary leave. 7. The Licensee shall keep such records and make such reports as the SLA or NCBVI shall require. 8. The Licensee shall wear proper professional attire and maintain proper professional hygiene at all times in the vending facility. 9. The Licensee shall use appropriate professional behavior towards property management, employees, customers, NCBVI, and the SLA at all times. 10. The Licensee shall maintain all applicable Health Permits and Inspections after the first year of opening the vending facility. NCBVI will maintain said permits during the first year of the vending facility. 11. The Licensee shall maintain their Food Safety Certification at all times while operating the vending facility. 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 Licensee shall pay for general liability insurance, unless otherwise specified by NCBVI, during all periods in which NCBVI does not cover such costs. The business and premises of the vending facility shall be covered by general liability insurance, fire and theft insurance and any such other insurance as will protect the Licensee, anyone employed by the Licensee, and NCBVI, against losses and claims arising out of the conduct of the business of the vending facility, as NCBVI may require. 3. NCBVI, through its personnel or agents, shall have the right to access the business records of the Licensee upon reasonable notice to the Licensee. 4. NCBVI shall have the right to observe the operation of the Licensee including participation in daily cash counts for the purpose of determining the Licensee's compliance with SLA rules and regulations and the accuracy of the Licensee's reporting as well as to evaluate the potential of the location for future Licensee. 5. 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 from the vending stock will be determined by the SLA and paid to the vendor or to the vendor's heirs or assignees. 6. This agreement may be terminated at any time by the Licensee subject to a thirty (30) calendar day notice submitted to the SLA in writing. This agreement shall be terminated upon the revocation or termination of the Permit or vending contract. In addition, this agreement may be terminated by NCBVI if the business of the vending facility is not conducted in accordance with this agreement, the terms and conditions of the SLA Permit with the Property Managers, the Nebraska Business Enterprise (NBE) Rules and Regulations or with applicable Federal, State, or local laws and regulations. 7. Upon execution and dating of this agreement by NCBVI and the Licensee, it is understood that this agreement shall supersede and nullify any prior agreement between NCBVI and the Licensee with respect to the operation of a vending facility. 8. The Licensee encouraged to consult with the Blind Licensee Committee about their rights as the committee is available as an advocate for them. 9. This agreement includes the engagement of any other contracts or services solicited by any City, County State, or Federal Facility. It should be understood that all proposals for other business in government buildings shall be reviewed and approved by NCBVI. 10. Other terms and conditions as listed on Attachment A. Date: ____________ by_____________________________________ NCBVI Deputy Director Date: _____________by_____________________________________ NBE Business Manager II Date: _____________by_____________________________________ Licensee Date: _____________ by_____________________________________ Witness Contract Certification Page Agency Use Only Contractor: Service: Contract # ___________________________ Address Book # _______________________ Account Numbers 1. __________________________________ 2. _________________________________ 3. _________________________________ Legal Review Performed by______________________, on ____________________. Signature of Reviewing Legal Professional: _________________________________ This contract form was reviewed by Michael G. Kuzma, Esq. of the Johnson, Flodman, Guenzel & Widger Law Firm on December ____, 2016. ATTACHMENT A 1. Floor maintenance surrounding the vending machines, cleaning of the glass, and dusting the machines will be completed by the Licensee upon all machine servicing. 2. General maintenance on all cold units (including cleaning and brushing the screens) shall be completed every three months by the Licensee. 3. On the 20th of each month, a payment for the previous month of the percentage of Set Aside agreed upon by the Committee of Blind Licensees and the SLA is due at the Nebraska Commission for the Blind and Visually Impaired Office, along with a monthly report for the month in question. 4. Request for a price increase on vending products must be submitted to SLA. Once the SLA has obtained permission from Property Management and the price increase has been deemed appropriate, the price increase can be implemented at the vending facility. 5. Printing of all refund policies, contact information, business cards and publications regarding the facility shall be the responsibility of the Licensee. 6. It shall be the responsibility of the Licensee to survey the tenants of the property to determine customer satisfaction with services and products. 7. The facility may be closed on State or Federal Holidays not the day before or the day after the Holiday. 8. “Non-essential” equipment as defined by the NBE Rules & Regulations manual will be furnished by the Licensee. 9. Arrangements and fees for professional maintenance of the floors (stripping, waxing, buffing) will be the responsibility of the Licensee. ATTACHMENT B Route Locations: List address of each location, where in the building the machines are located, how many machines, and the type of machines. ________________________________________________________________________