DD4E64AC-69C5-4017-BD2C-75CE45BA84FA.pdf

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Note: Contracts for Services are public records which are generally subject to statutory public disclosure and public website posting requirements.

CONTRACT FOR SERVICES

(Long Form)

Board of Trustees of the Nebraska State Colleges Chadron State, Peru State, and Wayne State Colleges

This Contract is made by and between the Board of Trustees of the Nebraska State Colleges doing business as Chadron State College (the “College”), and Diamond D.P. Inc. doing business as Bean Broker Coffee House and Pub (the “Contractor”)

The Contractor and the College agree as follows:

1. Effective Date. This Contract shall be in effect from September 1st, 2026 to January 31, 2027.

2. Services. The Contractor agrees to provide the following services to the College:

Contractor will provide beer and alcoholic seltzer sales at home football games, from the original concession stand and beer garden located in the southeast corner of the football stadium, on the following dates for a duration of 60 minutes prior to the start time through the end of the 3rd quarter of each game. Contractor agrees to be set up and ready to serve 75 minutes prior to the start time of each game:

a. September 3rd, 2026 (6:00pm game time, 5:00pm serving time)

b. September 19th, 2026 (1:00pm game time, 12:00pm serving time)

c. September 26th, 2026 (1:00pm game time, 12:00pm serving time)

d. October 17, 2026 (1:00pm game time, 12:00pm serving time)

e. October 31st, 2026 (1:00pm game time, 12:00pm serving time)

f. November 14th, 2026 (1:00pm game time, 12:00pm serving time)

Contractor will register and pay for all required liquor licensures through the City of Chadron and the Nebraska State Alcohol Commission. College reserves the right to cancel any of the above dates due to weather conditions.

All sales will be confined to the sequestered alcohol sales zone (i.e. beer garden) as defined, secured, and fenced by the College.

Contractor will be issued a key to the original concession stand, which is part of the alcohol sales zone, once College receives a completed Attachment A. Key will be available for pickup from the College Maintenance Building between the hours of 7:30 am – 4:30 pm Monday – Friday. This key must be returned to the College by January 31, 2027.

Contractor is responsible for the cleaning and sanitation in all areas of the alcohol sales zone after each event. Contractor is also responsible for the removal of trash and recycling from the alcohol sales zone to mutually agreed upon designated collection areas after each event.

College will be responsible for the initial cleaning and sanitation of the original concession stand, prior to Contractor use, and will remove trash and recycling from the designated collection areas after each event.

Contractor will purchase, transport, and store all products from its own alcohol distribution vendors.

Contractor will not drive on College sidewalks to deliver products to the College.

Contractor and College will jointly work together to provide temporary product refrigeration on the day of each event.

Contractor will employ all bartenders and oversee the collection of all sales during each game. The Contractor will hire security to be responsible for enforcing ID checks and Contractor will assume all liability if minors are served and/or if individuals are overserved. The Contractor shall fully indemnify the College for any liability arising out of any occurrence in which individuals are overserved or if minors are served alcohol.

Contractor will provide the College a sales reconciliation report (P&L statement) for each game within two

(2) weeks after each home game upon request from the College.

The Contractor agrees the contract work shall not be performed on time that is paid for by any public funds other than those provided by the College under this Contract.

3. Consideration. For the services described above, the College agrees to pay the Contractor:

Contractor agrees to pay the College forty percent (40%) of the net revenue generated from the sale of all beverages in the sequestered alcohol sales zone consistent with the sales reconciliation report (P&L statement). Total payment of the net revenue for all games will occur no later than January 31, 2027.

Where provision is made for travel expenses, the expenses shall not exceed those allowed employees of the Nebraska State College System unless otherwise specifically provided herein.

4. Prompt Payment Act. In the event any amount due under this Contract remains unpaid for forty-five (45) days after the due date, the unpaid amount shall bear interest from the 31st day after the due date at the rate specified in the Prompt Payment Act, Neb. Rev. Stat. §§81-2401 to 81-2408.

5. Independent Contractor. The Contractor shall be an independent contractor and not a College employee for all purposes, including, but not limited to, the application of the Fair Labor Standards Act, minimum wage and overtime payments, the Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, any Nebraska revenue and taxation law, Nebraska workers’ compensation law and Nebraska unemployment insurance law.

The Contractor agrees that it is a separate and independent enterprise from the College, that it has a full opportunity to find other business, that it has made its own investment in its business, and that it shall utilize a high level of skill necessary to perform the work. This Contract shall not be construed as creating any partnership, joint venture, or joint employment relationship between the Contractor and the College, and the College shall not be liable for any obligation incurred by the Contractor, including but not limited to unpaid minimum wages or overtime premiums. If the Contractor has employees or subcontractors, the Contractor further agrees to maintain at least the prescribed minimum workers’ compensation insurance coverage for all of the Contractor’s employees for the duration of this Contract. The Contractor agrees to furnish the College proof of workers’ compensation insurance coverage upon request.

Liability Insurance Requirements - The Contractor is required to carry liability insurance in the amount of one million dollars ($1,000,000) per occurrence. The Contractor’s insurance policy shall be primary and non-contributory. The College shall be named as an additional insured party on the policy and the certificate of insurance shall reflect that the policy waives its right of subrogation against the College. A copy of the certificate shall be provided to the College.

6. Access to Records. The Contractor agrees to maintain complete records regarding the expenditures of funds provided by the College under this Contract. The Contractor agrees to allow authorized representatives of the College, the Board, the funding Federal Agency, if any, and the United States

Comptroller General, if appropriate, free access at reasonable times to all records generated or maintained as a result of this Contract for a period of three (3) years after the termination of this Contract.

7. New Employee Work Eligibility Status. The Contractor is required and hereby agrees to use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska. A federal immigration verification system means the electronic verification of the work authorization program authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. 1324a, known as the E-Verify Program, or an equivalent federal program designated by the United States Department of Homeland Security or other federal agency authorized to verify the work eligibility status of a newly hired employee.

The Contractor understands and agrees that lawful presence in the United States is required and the Contractor may be disqualified or the Contract terminated if such lawful presence cannot be verified as required by Neb. Rev. Stat. §4-108.

8. Non-Discrimination. The Contractor agrees to comply fully with Title VI of the Civil Rights Act of 1964, as amended, the Nebraska Fair Employment Practice Act, Neb. Rev. Stat. §§48-1101 to 48-1125, as amended, and Board Policy 5000. Unlawful harassment and/or discrimination is prohibited. This prohibition shall include, but not be limited to employment, promotion, demotion, transfer, recruitment, layoff, termination, rates of pay or other forms of compensation, and selection for training including apprenticeship. The Contractor further agrees to insert a similar provision in all subcontracts for services allowed under this Contract.

9. ADA & Drug-Free Workplace Requirements. All provisions of this Contract are subject to the Americans with Disabilities Act (ADA). Further, the Contractor certifies that the Contractor operates a drug-free workplace and, during the term of this Contract, will be in compliance with the provisions of the Drug-Free Workplace Act of 1988.

10. Use of Information; Property Ownership. The Contractor agrees that any and all information gathered in the performance of this Contract, either independently or through the College or the State College System, shall be held in the strictest confidence and shall be released to no one other than to the College, without prior written authorization of the College. The Contractor agrees that no authority or information gained through the existence of this Contract will be used to obtain financial gain for the Contractor, for any member of the Contractor’s immediate family, or for any business with which the Contractor is associated except to the extent provided by this Contract.

The Contractor further agrees that any tangible or intangible property, including patents, trademarks and other intellectual property, produced, developed, prepared, or created under the terms of this Contract shall be the property of the College. The Contractor hereby assigns and transfers to the College all right, title and interest in and to any copyright in any copyrightable materials produced under this Contract.

11. Parties; Subcontractors; Assignment. References to the Contractor and the College include the parties’ officers, employees, agents, and independent contractors and subcontractors. The Contractor agrees that no subcontractors shall be utilized in the performance of this Contract without the prior written authorization of the College. The Contractor agrees not to assign or transfer any interest, rights, or duties in this Contract to any person, firm, or corporation without prior written consent of the College.

12. Cancellation. This Contract may be canceled by either party upon thirty (30) days’ written notice.

Settlement of the amount due to the Contractor upon cancellation shall be negotiated between the parties based upon (a) specified deliverables completed by the Contractor and accepted and usable by the College as of the date of termination when the Contractor initiates termination, or (b) the percentage of services performed by the Contractor as of the date of termination when the College initiates termination.

13. Default; Remedies. If the Contractor defaults in its obligations under this Contract, the College may, at its discretion, exercise any remedy available by law or in equity. In addition to any other available remedy, the College may terminate this Contract immediately by written notice to the Contractor. The College shall pay the Contractor only for such performance as has been properly completed and is of use to the College. The College may, at its discretion, contract for provision of the services required to complete this Contract and hold the Contractor liable for all expenses incurred in such additional contract over and above the consideration set forth in Paragraph 3.

14. Unavailability of Funding. Due to possible future reductions in state and/or federal appropriations, the College cannot guarantee the continued availability of funding for this Contract beyond the current fiscal year. In the event funds to finance this Contract become unavailable either in full or in part due to reductions in appropriations for a future fiscal year, the College may terminate the Contract or reduce the consideration by notice in writing to the Contractor. The notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. The College shall be the final authority as to the availability of funds. The effective date of Contract termination or reduction in consideration shall be the actual effective date of the elimination or reduction of appropriations. In the event of a reduction in consideration, the Contractor may cancel this Contract as of the effective date of the proposed reduction by written notice to the College.

15. Complete Agreement; Governing Law; Amendment. This Contract sets forth the entire agreement of the parties and supersedes all prior negotiations, discussions, and proposals. There are no promises, understandings, or agreements of any kind pertaining to this Contract other than those stated herein. This Contract will be construed, interpreted, governed and enforced under the laws of the State of Nebraska.

This Contract may be amended at any time in writing upon the agreement and signature of both parties.

16. Technology Access. All contracts, which include provisions of technology products, systems, and services, including data, voice, and video technologies, as well as information dissemination methods, shall comply with the Nebraska Technology Access Standards adopted pursuant to Neb. Rev. Stat. §73-205. These Standards are available for viewing on the Web at https://nitc.nebraska.gov/standards/index.html, and are incorporated into this Contract as if fully set forth herein.

17. Confidentiality. Contractor acknowledges that performance under the terms of this Contract may involve receipt of user data from the College. Contractor will utilize user data from the College only in the furtherance of this Contract. Contractor will notify College within twenty-four (24) hours of becoming aware of any data breach of its systems which expose confidential College user data. Contractor will reimburse the College for any and all expenses incurred by the College as a result of a data breach of Contractor’s systems.

If the user data consists of confidential student information protected by The Family Educational Rights and Privacy Act (FERPA) the Contractor agrees and acknowledges that Contractor is acting as an officer of the College for the purposes of this Contract as defined by Nebraska State College Board Policy 3650 (at the time of this writing available at: https://www.nscs.edu/policy-manual/detail/39-3650-student%20records) and will take necessary steps to safeguard the confidential student information.

The Contractor further acknowledges the obligation and agrees to comply with the General Data Protection Regulation (GDPR) privacy laws in regard to the collection, processing, storage, security, management, transfer and erasure of user data.

18. Designated College Representative. The designated College representative for purposes of monitoring and oversight of this Contract is:

Mannie Reinsch 308-432-6253 mreinsch@csc.edu Typed or Printed Name Telephone Email Address

19. Savings Clause. If any provision(s) of this Contract is (are) determined to be unlawful or otherwise unenforceable, such determination, in and of itself, shall not affect the lawfulness or enforceability of any other provision of this Contract.

20. College Facility. Contractor will accept College Facility as is and will not make any alterations. If any alterations are needed Contractor will discuss desired alterations with College. College will determine if alterations are necessary. College will be the final decision on its facility configuration and finishes.

21. Signatures.

CONTRACTOR COLLEGE SYSTEM OFFICE

Signature Signature Signature Dave Feddersen Kari Gaswick

Printed Name Printed Name Printed Name Owner Vice President Administration and Finance

Title Title Title

Date Date Date

Copy Distribution: Original – Human Resources; Copy – Maintenance

CHADRON STATE COLLEGE

REQUEST FOR KEY(s)

Signatures below indicate an understanding and agreement of the liability issues (including expenses) related to the issuance of CSC key(s); inappropriate use of keys may result in disciplinary or legal action. .

See Employee Handbook, page 6, for key policy. Please pick up keys within 14 days.

*Maintenance Office Assistant use only* The following is to be completed by Maintenance Office Assistant when keys are picked up.

The employee signing below has received CSC keys in order to perform their job related duties at CSC. Employee understands that keys are only for work purposes and will not be loaned or transferred to others not authorized by CSC.

Keys Issued (Numbers): _____________ Date Issued: ________ *Date Returned: ________

Employee Name (Print): _________________________________________________________

Employee Signature: _____________________________________________ Date: _______________

Maintenance Office Assistant providing keys to employee:

Name (Print): ________________________________________________________

Signature: ______________________________________________________ Date: _______________

*All keys must be returned to upon the completion of employment or earlier, if requested by CSC. Failure to return keys may result in a hold on the employee’s records and/or final payment.

Printed Employee Name: __________________________________________ Title: _______________________________

Employee Phone Number: _____________________ Employee Email: __________________________________________

Keys Requested (list building, room number, and core number): _______________________________________________

Rationale for Keys Requested:

Printed Name of Supervisor: ____________________________________________________________________________

Supervisor Signature (approving individual to have keys) _________________________________________ Date__________

Printed Name of Building Manager: ______________________________________________________________________

Building Manager Signature (approving individual to have keys) ___________________________________ Date__________

Bean Broker Coffee House & Pub Contractor

308-432-4500 beanbrokercoffeehouseandpub@gmail.com

AC51

Beer Garden Access

Mannie Reinsch

Mannie Reinsch