Neb. Admin. Code COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED, tit. 192, ch. 3, app A
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
___________________
Neb. Admin. Code COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED, tit. 192, ch. 3, app A