SECTION
I
INTRODUCTION
1.1. Purpose of
Manual
The purpose of the Vendor Operating Procedures Manual is to provide
guidance to the vendor in order for him/her to carry out the duties and
responsibilities of operating a vending facility in accordance with good
business practices and rules prescribed in the Division of Services for the
Blind, in consultation with the State Committee of Blind Vendors. The manual is
designed to be used as an aid to assure that customers are provided quality
vending services; thus, permitting the vendor to earn a substantial
income.
1.2. Legal
Authority
The Vending Facility Program is authorized by the Randolph-Sheppard Act
( P.L. 74-732 ), as amended by ( P.L. 83-565 ) and ( P.L. 93-516 ) and Arkansas
Act 201 of 1969. The Division of Services for the Blind authorized by Arkansas
Act 481 of 1983 has been designated by the Commissioner of the Rehabilitation
Services Administration in accordance with the Regulations issued pursuant to
the Randolph-Sheppard Amendments of 1974 ( P.L. 93-516 ) as the State Licensing
Agency to issue licenses to blind persons for the operation of vending
facilities on Federal and other property. The authority of the Division of
Services for the Blind in consultation with the Committee of Blind Vendors, to
establish policies and standards is contained in Section 9.1 of the Rules for
the Administration of the Vending Facility Program for Blind Persons.
1.3. Eligibility
In order to be licensed as a blind vendor, a person must be, (a)
legally blind-not more than 20/200 central vision in the better eye with
correcting lenses, or equally disabling loss of visual field as evidenced by a
limitation to the field of vision in the better eye to such a degree that its
widest diameter subtends an angle of no greater than 20 degrees; (b) a citizen
of the United States; (c) certified as qualified to operate a vending facility
after having completed the Vending Facility Training Program of the Division of
Services for the Blind.
The Vending Facility Program Training Specialist will obtain from the
vocational rehabilitation counselor documentation and verification of the
eligibility requirements to be maintained in the trainee's/vendor's
file.
1. Legally blind (current eye
examination).
2. Citizenship
(Employment Eligibility Verification, Form I-9).
3. Certification by the State Licensing
Agency as qualified to operate a vending facility.
1.4. Criteria for Evaluation and Training
The following criteria must be met prior to the time that the person is
admitted to the Vending Facility Program for evaluation and/or training. These
criteria are based on Federal Regulations of the Randolph-Sheppard Act and
Division of Services for the Blind rules.
1) The applicant must be legally
blind.
2) The applicant must be a
citizen of the United States.
3)
The applicant must possess either a high school diploma or a GED certificate.
In the absence of either of these, a score of 10 on the Wide Range Achievement
Test (WRAT) or a score on an equivalent test which indicates general level of
educational achievement will be acceptable.
4) The applicant must possess necessary
skills to travel independently and become oriented to new environments
utilizing reasonable assistance.
5)
The applicant must have necessary personal hygiene and grooming skills which
are acceptable to the general public.
6) The applicant must have the ability to:
(a) write Braille at a level proficient
enough to record basic information and to read Braille at a level which will
enable the person to assimilate classroom training materials, or
(b) read and write in large print,
or
(c) use recorded and taped
materials to assimilate lesson materials and to maintain business
records.
1.5.
Application, Evaluation and Training Process
1.5.1. Applicant. An individual who has been
referred in writing with accompanying documentation to the Vending Facility
Program Training Specialist via a Division of Services for the Blind Vocational
Rehabilitation Counselor. An applicant must meet the criteria outlined in
Section 1.4. in order to be eligible for entry into evaluation.
1.5.2. Evaluee. A person accepted by the
Vending Facility Program to have met the initial application requirements and
who is participating in a formalized four week period of evaluation. Subsequent
to entry into the training phase of the Vending Facility Evaluation and
Training Program, an evaluee is subject to both the passage of the formal
written examination and in-location evaluations.
1.5.3. Trainee. Any individual who has been
deemed to have successfully completed the four week evaluation phase and is in
a custom designed training program to become a licensed blind vendor.
1.5.4. Certified Licensee. Those individuals
who have successfully completed the designated, customized Vending Facility
Training Program and have been certified by the Vending Facility Program
Training Specialist to be eligible for licensing as a licensed blind vendor.
Certified licensees do not hold a license until after their probation at the
initial assignment to a vending facility as established by transfer and/or
promotion policies.
1.6.
Evaluation and Training Rights and Responsibilities
1.6.1. Purpose. The purpose of evaluation and
training is to directly ascertain the potential to manage a vending facility
and provide in a customized fashion vocational training needs for eligible
persons to become licensed blind vendors. The training is not designed to
provide remedial or personal adjustment training for prospective licensees.
Alternative skills for dealing with blindness should have been accomplished
prior to the individual's referral to the Vending Facility Program for
vocational training. Should it be determined that additional alternative skills
to deal with blindness are insufficient to meet the vocational training needs,
the prospective trainee will be referred to the sponsoring vocational
rehabilitation counselor for additional training prior to the continuation or
conclusion of the Vending Facility Program evaluation.
1.6.2. Program Rights and Responsibilities.
The Vending Facility Program has the sole right to assign prospective trainees
or evaluees to specific vending facilities for evaluation or training purposes.
Every effort will be made to accommodate the evaluee's or trainee's particular
needs or personal situations but the final placement in a location is the sole
right of the Vending Facility Program.
1.6.3. Training Manager's Rights and
Responsibilities. A licensed vending facility vendor providing training
services may, with or without cause or reason, have an evaluee or trainee
removed from a location by making a request to the Vending Facility Program
Training Specialist. Evaluees or trainees have no right of assignment to any
specific vending facility for evaluation or training.
1.6.4. Payment. Under no circumstances will
an evaluee or trainee be paid for any work performed during the assignment to a
vending facility as an evaluee or trainee. Additionally, no evaluee/trainee
will be used as paid relief help or in substitution or in lieu of paid relief
help with the exception of a solo experience as part of the final segment of
the Vending Facility Program training curriculum. Licensed blind vendors who
are serving as training vendors will take sick, non-essential, or vacation
leave in accordance with agency policies and not utilize evaluees or trainees
to serve as unpaid relief help. Certified licensees will be eligible to work as
temporary relief help between the time of license certification and initial
assignment.
1.6.5. Training Money.
Requests for additional transportation, maintenance, or other types of training
money will be made by the evaluee/trainee to the sponsoring vocational
rehabilitation counselor. The Vending Facility Program serves only as a
mechanism in order to assure more expedient payment of funds when appropriate
vocational rehabilitation authorizations for services have been submitted by
the sponsoring vocational rehabilitation counselor.
1.6.6. Complaints and Grievances. Applicants,
evaluees, trainees and persons certified for licensing have no rights under the
Federal Randolph-Sheppard Act, Division of Services for the Blind Vending
Facility Program grievance procedures (Section XI), or access to the State
Committee of Blind Vendors for redress of grievances or complaints. Applicants,
evaluees, trainees and persons certified for licensing are considered
vocational rehabilitation clients and have rights under the Federal Vocational
Rehabilitation Act and Division of Services for the Blind client grievance
procedures. Applicants, evaluees, trainees and persons certified for licensing
but not yet assigned to a location will be referred to the sponsoring
vocational rehabilitation counselor regarding formal complaints or grievances
concerning the Vending Facility Program.
1.6.7. Completion of Evaluation. After the
conclusion of a successful evaluation period, the Vending Facility Program
Training Specialist will determine, in consultation with the trainee and, if
necessary, the Vending Facility Program Administrator, the type and approximate
duration of training based upon information obtained from the initial four week
evaluation. Persons beginning training simultaneously may or may not complete
training at the same time. Determination for certification will be made by the
Vending Facility Program Training Specialist and final decisions of licensing
are the responsibility of the Vending Facility Program Administrator.
1.6.8. Assignments. Specific
vending facility assignments are the sole responsibility of the Vending
Facility Program Training Specialist. Efforts will be made to provide a variety
of training experiences dependent upon the evaluation results of the individual
involved.
1.6.9. Absenteeism. All
persons in evaluation or training are expected to be at their assigned
location, either classroom or vending facility, on time and on each day of
scheduled evaluation or training. Each person will complete a minimum of 20
days of evaluation, with the exception of unexcused absences. Those persons
committing three or more unexcused absences during evaluation or training will
be automatically dropped. Excused absences will be made up during the
evaluation to maintain the 20 day evaluation rule. Excused absences are
absences for reason of legitimate illness or other medical reasons or other
circumstances as approved by the Vending Facility Program Training Specialist.
The Vending Facility Program reserves the right to obtain a doctor's statement
for absences due to medical reasons. If a trainee or evaluee is absent, the VFP
Training Specialist should be notified by the evaluee or trainee on the same
date of the absence or the absence will be counted as an unexcused
absence.
1.6.10. Conduct. All
evaluees and trainees will be expected to perform in a businesslike manner when
in vending facilities or at the Vending Facility Program office or other
vending facility evaluation or training locations. Any unbusinesslike conduct
will be grounds for expulsion from the training program. The use of alcoholic
beverages or other chemical substances not specifically prescribed by a medical
doctor while in evaluation or in a training setting or coming onto an
evaluation or training setting under the influence of such substances is
grounds for expulsion from the training program and will not be tolerated.
Abusive language, cursing, racial or sexual slurs, or failure to respond to a
reasonable request made by the training specialist or training vendor shall be
grounds for expulsion from the evaluation or training program. Theft of
property or funds from the Vending Facility Program or a Vending Facility
Program vendor shall be grounds for automatic expulsion from evaluation or
training.
1.7. Licensing
Upon successful completion of the Vending Facility Training Program, the
individual will be certified for licensure. All certified licensees will be
placed on a four calendar month probationary period upon initial assignment to
a location. If performance is not satisfactory, the probationary period can be
extended for another calendar month. At the end of the probationary period, a
determination will be made whether or not to license the trainee.
1.8. Deficiency and Upward Mobility Training
The respective Vending Facility Program specialist shall provide short-term
training. If the Vending Facility Program specialist deems it advisable, the
specialist shall submit in writing a request to the Vending Facility Program
Administrator for such a service documenting the specific needs and tentative
goals and objectives for such training. In the event a licensed blind vendor is
not recommended by the specialist for transfer or promotion, the licensed blind
vendor must be provided training to correct any deficiencies noted in order to
satisfy the requirements for operations. This training may include, but not be
limited to, on-the-job training and classroom training.
1.9. Extension of License Certification The
certified licensee will remain certified for licensing for a period of two
years. Should the licensee not be assigned a location at the end of the two
years, the Vending Facility Program Training Specialist will determine, through
testing, what the licensee will need to obtain for an extension to the
certification. This could consist of on-the-job training, additional classroom
instruction and/or examinations. Upon successful completion, the licensee will
receive an extension of certification for an additional two years or until the
licensee has refused the third location offer. Licensee can refuse only two
location offers (see Section 5.1.) without losing certification no matter how
many certification extensions licensee might obtain. Should licensee refuse or
not successfully complete the above requirements, the individual would have the
certification terminated and would have to apply for Vending Facility Program
training as a new trainee to enter the Program.
VENDOR OPERATING PROCEDURES MANUAL
SECTION IV
DSB-VENDOR OBLIGATIONS
4.1.
Operating Agreement
The Operating Agreement Between the DSB and the Vendor which must be
signed at the time the vendor accepts assignment to a vending facility sets
forth the following terms and conditions.
1. The responsibilities of the DSB to provide
management services to the vendor including assistance and
supervision.
2. A statement that
the vendor will receive the net proceeds from the vending facility which he
operates. Net proceeds are defined as the amount remaining from the sale of
articles or services of vending facilities and any vending machine or other
income accruing to blind vendors after deducting the costs of such sale and
other expenses (excluding set-aside charges required to be paid by the blind
vendors).
3. The duties of the
vendor and the requirement that the vendor must perform his duties in
accordance with standards prescribed by the DSB, applicable health laws and
regulations, and with the terms of the permit granted for the contract entered
into with the Federal or other agency or organization in control of the site of
the vending facility.
4. The
responsibility of the vendor to furnish such reports as the DSB may
require.
5. The right of the vendor
to terminate the Operating Agreement at any time.
6. The termination of the Operating Agreement
upon the termination of the permit or contract.
7. The termination or revocation of the
Operating Agreement upon the failure of the vendor to operate the vending
facility in accordance with the Operating Agreement, policies and standards or
applicable Federal, State or local laws or regulations.
8. The vendor's rights and remedies as
guaranteed under the Randolph-Sheppard Act shall be included in the Operating
Agreement.
4.2. Specific
Policy Requirements
4.2.1. Appearance of
Facility. The vendor is responsible for keeping the facility clean and neat in
appearance at all times.
4.2.2.
Appearance of Vendor and Employees of the Vendor. The vendor and all relief and
extra employees are expected to be neat and clean in appearance at all times.
The vendor shall have ultimate responsibility for the conduct and appearance of
all permanent or temporary extra help in the employment of the vendor assigned
to the facility.
4.2.3. Betting or
Wagering. The vendor will not bet, accept bets, wager, or be a party to any
activity of this type while managing or in the vicinity of the vending
facility.
4.2.4. Cigarette and
Tobacco Permits: After the first cigarette and tobacco permits which are
purchased as part of the initial stocks and equipment, the vendor will be
responsible for obtaining on an annual basis and displaying such permits in
accordance with applicable State regulations. The fees for the permits will be
charged as miscellaneous operating expenses.
4.2.5. Checks. The vendor will be personally
responsible for cashing checks for any individual from the cash drawer of the
facility.
4.2.6. Credit. Customer
credit shall be granted at the discretion of the vendor. Credit arrangements
with wholesalers and suppliers will be left up to the individual vendor
provided that such arrangements do not result in undue complaints or
problems.
4.2.7. Display of
License. The vendor's license to operate a vending facility will be
appropriately displayed at the location.
4.2.8. Food Service Permit. Vendors operating
facilities on non-Federal property will purchase a Food Service Permit from the
State Health Department each year.
4.2.9. Petty Cash. An amount of petty cash
shall be maintained at a level which coincides with good business practices.
The amount of petty cash is shown on the Weekly Sales Report as cash at the
beginning of the day each Friday. If petty cash is stolen, it will be replaced
only once during the period reporting year and after a police report is turned
in to the Program. Replacement will be limited to the assigned amount but only
up to a maximum of $400. No other monies will be replaced.
4.2.10. Pricing of Merchandise. Prices of
merchandise will be maintained at competitive levels, e.g., those charged by
like establishments within the geographic area. However, prices will be
maintained at levels high enough to assure a reasonable profit.
4.2.11. Suppliers. Vendors will make every
effort to work out problems with suppliers. If problems cannot be resolved, the
vendor may call the specialist for assistance.
4.2.12. Telephone Usage. Collect calls to the
offices of the specialists or other agency personnel are requested to be kept
to an absolute minimum. When necessary, long distance calls which are business
related may be charged as operating expense. Vendors should use the In-WAT
State Calling System.
4.2.13.
Training.
A. Training a prospective vendor.
If requested to do so by the Vending Facility Program Training Specialist, the
vendor will be expected to provide on-the-job training to a person who is
enrolled in the training program to become a licensed vendor. The vendor will
provide the training under the guidance and supervision of the training
specialist. The vendor will receive a fee for providing training services.
Vendors will be selected to provide training based upon their demonstrated
skills and abilities to train prospective vendors. A Trainer Agreement Form
(see Appendix A) will be completed by the vendor when providing training.
B. Vendor in-service training.
Periodically, in-service training will be conducted for licensed vendors. The
training will be provided in order to keep vendors aware of innovations in
management and merchandising techniques and of changes in policy and procedure.
When there is documented evidence on file that a vendor has failed to conform
to policy and procedures, or whose management or merchandising skills are less
than adequate, it may be necessary that the vendor be provided intensive
refresher training.
4.2.14. Coin Wrappers. The Vending Facility
Program will not be responsible for supplying coin wrappers. Vendors should
contact the banking or other financial institution with which they do business
and request supplies of coin wrappers from such institutions.
4.2.15. Sandwich Labels. Effective March 1,
1986, the Vending Facility Program will no longer be responsible for supplying
sandwich labels at cost to vendors. Vendors should contact a printing company
of the vendor's choice in the vendor's local community to request supplies of
printed sandwich labels. The cost of these labels may be deducted as an
operating expense of the business.
4.2.16. Firearms or Weapons. Vendors, or
their staff, are forbidden to possess firearms or weapons under any
circumstances in the vending facilities or on the premises on which the vending
facility is located. Weapons are determined by State law. Violation of this
policy is grounds for automatic revocation of the operating license.
4.2.17. Smoking/No Smoking. The Division of
Services for the Blind Vending Facility Program will comply with the
specifications of any building manager or grantor concerning the designation of
a vending facility as a smoking or non smoking area. This policy shall apply to
all vending facilities whether in public or private buildings. In situations
where smoking has been disallowed by the building manager in a vending
facility, the licensed blind vendor shall also comply with the designation of a
non smoking area if the licensed blind vendor happens to be a smoker. Neither
the Vending Facility Program staff nor the licensed blind vendor shall be
responsible, however, for enforcement of non smoking policies in a vending
facility and the program will not purchase no smoking signs unless extenuating
circumstances such as the potential loss of a facility is involved if the
program does not purchase said signs. The Vending Facility Program will not
under any circumstances purchase no smoking signs in federal or state
facilities. Such signs or other enforcement shall be the responsibility of the
granting federal or state agency or designated federal or state property
manager.
4.2.18. Vendors whose
average profit percentage, excluding rent, is under 30% gross or 16% net for 8
prior periods will be given a written warning by the Administrator that he has
three operating periods beginning with the next period to raise such percentage
to 30% gross or 16% net or above or he may be placed on probation subject to
subsequent disciplinary action in accordance with Section 5.5. of the Vendor
Operating Procedures Manual. Included in the written warning will be a list of
deficiencies and plan of operations for improvement. Also, the vendor is not
eligible to bid on any location while in violation of this policy.
The Vending Facility Program specialist will assist the vendor in
implementing procedural changes to improve operations during the three
operating periods and will submit to the Administrator a biweekly progress
report noting action taken to improve operations (due on the first and
fifteenth of each month following the date of receipt of warning). In the event
the three operating periods fall during a time of inactivity for the location
(e.g. plant closings, summer break, etc.), an extension may be given with the
approval of the Administrator. At the end of the three operating periods, the
vending facility specialist shall certify to the Administrator those vendors
whose average profit, excluding rent, continues to fall below 30% gross or 16%
net. Included in such certification shall be a recommendation to;
(1) place the vendor on probation subject to
subsequent disciplinary action in accordance with Section 5.5.,
(2) close the location and place vendor in
displaced status, or
(3) continue
operations based upon extenuating circumstances with written approval of
Administrator. Such recommendations shall be based upon the following
conditions:
1. Probation. If the vendor has
failed to correct the deficiencies noted in the written warning or failed to
follow the improvement plan and the average profit percentage, excluding rent,
continues below 30% gross or 16% net, he/she may be placed on probation subject
to subsequent disciplinary action in accordance with Section 5.5.
2. Closure of Location. If the vendor has
followed the plan of improvement and corrected any deficiencies noted in the
written warning, and the average profit percentage, excluding rent, continues
to fall below the 30% gross or 16% net margin, he/she may be placed in
displaced status and the location closed due to unsuitability as a profitable
operation. He/she retains all rights and privileges afforded a displaced vendor
as provided in the Vendor Operating Procedures Manual.
3. Operation Under Adverse Conditions. If the
vendor has corrected any deficiencies noted in the written warning and followed
the improvement plan, and the average profit percentage, excluding rent,
continues to fall below the 30% gross or 16% net margin, the Administrator may
authorize continued operation of the facility. For continued operation under
adverse conditions, the Vending Facility Program specialist must certify in
writing to the Administrator that closure of such a location would be
detrimental to the Vending Facility Program as a whole. The vending facility
specialist shall continue to report biweekly (on the first and the fifteenth)
regarding actions taken to improve profitability of the location.
4.2.19. Telephone
Bills. Vendors are authorized to charge as an operating expense the maximum
charge for a single business line telephone. Features such as call waiting,
call forwarding, or other accessories will not be allowed as operating
expenses. Vendors are responsible for the purchase of their own telephone
instrument and this is not an allowable equipment or operating expense. Payment
of telephone bills is the responsibility of the individual licensed vendor and
not the responsibility of the Vending Facility Program. Long distance charges
will not normally be allowed as an operating expense. If a vendor feels that a
long distance charge was necessary for the operation of the vending facility
and no other alternatives were available, then the vendor should submit an
itemized list of the long distance charges as supplied by the operating
telephone company for long distance service to the respective specialist for
approval. An explanation of the applicable long distance charge or charges must
be submitted in writing by the licensed blind vendor to the vendor's
specialist.
4.2.20. Drugs or
Alcohol. Possession, use or consumption of drugs, alcohol or other substances
by vendor, or staff, while on the premises is not allowed. Violation of this
policy is grounds for automatic revocation of the operating license. Reasonable
exceptions to this policy will apply to medication as prescribed by a doctor,
dentist or other health care professional.
4.2.21. Non-employees. Any person who is not
employed by the vendor as extra help, whether essential or non-essential, will
not be allowed to stay or loiter in the location. Suppliers, regular customers
and repair individuals are excluded.
4.2.22. Merchandise Loss. Merchandise, that
is stolen or damaged due to circumstances beyond the manager's control, will be
replaced. The manager must inform their Specialist of the loss and send them a
written list of the merchandise that needs to be replaced. When the list is
received and processed, a check will be sent for the merchandise replacement.
4.3. Evaluation of
Vendor
4.3.1. Purpose. The purpose of vendor
evaluations are to assure that the conditions of the permit and regulations are
met, to assure that customers receive continuous quality vending services, and
to assess factors that are considered when a vendor wishes to be transferred or
promoted.
4.3.2. Evaluation
Procedures. An evaluation should be completed by the vending facility
specialist at least semiannually unless circumstances warrant otherwise to
document his observations of the vendor's performance in such areas as:
neatness and cleanliness of facility, food protection, personal appearance,
customer service, marketing and merchandising, and fiscal information. The
vending facility specialist's observations will be discussed with the vendor.
The criteria to be evaluated is contained in the basic guidelines for facility
evaluation (see Appendix A). A copy of the evaluation, signed by the vendor and
the vending facility specialist, will be provided to the vendor at the time the
evaluation is performed. A copy of the evaluation will be placed in the
vendor's personnel file.
4.4. Facility Audits
Audits may be performed at any time on any location within the program
by Vending Facility Program staff. The audit procedure will include the
following:
1. During the audit, the
vendor will be replaced by the office. The office will pay for the extra-help
person working the location in the vendor's absence. The vendor will retain all
current benefits during the audit period.
2. A complete review of the payouts and other
financial data collected on the specific location.
3. The financial status of the location and
findings of the review will be discussed with the vendor and, as needed,
written recommendations will be discussed with the vendor by the Vending
Facility Program office.
4. If
corrective action on the part of the vendor is recommended, a specific period
of time will be designated for improvement to take place.
5. If the situation is not corrected within
the specified time, the vendor may be placed on probation in accordance with
policy 5.5 (Disciplinary Action).
4.5. Annex Locations The vendor of a vending
facility interested in adding an annex to their location must contact the VFP
Administrator to discuss or present a detailed proposal of the operations in
order for the annex to be considered. The VFP Administrator will review and
evaluate the proposal and make a recommendation to either open the annex or not
open the annex. If the vendor does not agree with the VFP Administrator's
decision, he may pursue the matter in accordance with Section 11 of the Vendor
Operating Procedures Manual. Should the annex be approved and become
operational, it will become part of the original vending facility location. The
vendor will operate the annex under all guidelines and regulations in the
Vendor Operating Procedures Manual and process the day to day operations
through the original vending facility location. If the facility goes up for
bid, the annex will be included in the bid and award.
VENDOR OPERATING PROCEDURES MANUAL
SECTION V
VENDOR EMPLOYMENT STATUSES
5.1. Initial Assignment
When a trainee is certified as qualified for licensing, he/she is
eligible to bid on locations as outlined in Section 5.4. below. Additionally,
if a new or existing location(s) is vacant and no licensed vendor requests a
transfer or promotion to this location(s) then the Vending Facility Program
Administrator in consultation with the Vending Facility Program Training
Specialist and State Committee Chairperson may offer said location(s) to the
prospective licensee. A person certified for licensure may reject up to two
offers of assignment without jeopardizing their status. If a third assignment
is rejected, then that person will lose their certification for licensing and
all rights thereto. If the person wishes to reenter the Vending Facility
Program, he/she must do so as any new applicant. Spouses of licensed vendors
will not be required to take assignments outside of the geographic area in
which they reside.
5.2.
Displacement Status
A vendor who has been displaced through loss of entitlement to operate
a vending facility through no fault of his own may be given priority as to
determination of the person to be assigned to a new or vacant facility if it is
equivalent to the facility which he/she formerly operated, and will continue to
accrue seniority and vacation in displacement status (see Section 5.3. for
definition of seniority). Displaced vendors cannot earn or use sick leave and
any accumulated sick leave will be frozen until the vendor is assigned a
location. When the vendor is reassigned a location, he will earn sick leave in
accordance with 6.2. When the Vending Facility Program initiates or receives
written notification from the grantor to close the location, the vendor will
become displaced if it is through no fault of his own. When verbal notification
is received, the Vending Facility Program Administrator will send a letter
verifying that the location will close on a specific date. The vendor will then
be placed in displaced status the date of the letter. The vendor does not have
to be inventoried out of the location to receive displaced status benefits.
Should the grantor decide not to close the location after notification and the
location remains open, the vendor will be removed from displaced status.
"Equivalent Facility" means a facility having similar physical requirements of
operation and one which does not exceed $50 per period or a total amount not to
exceed $650.00 per fiscal year above the gross profit of the vendor's previous
location from which he/she has been displaced. The determination of vendor's
average gross profit shall be based upon the vendor's previous 13 reporting
periods. The vendor's average gross profit shall be computed by taking the sum
of the vendor's gross profit for the 13 periods prior to displacement and
dividing by 13. If the vendor in displaced status was a newly licensed vendor
for less than 13 periods prior to displacement from the date of initial
licensing to operate a vending facility, then the period of time from the date
of licensing to the date of displacement shall be used to compute vendor's
total and average per period gross profit. Newly licensed vendor's gross profit
per period shall be computed by taking the total vendor's gross profit and
dividing by the number of 4 week fiscal reporting periods or fractions thereof.
In the case of a vendor who has had more than one assignment within the
previous 13 reporting periods or after date of initial licensing to the time of
displacement, vendor's average gross profit shall be computed by taking the
total of all vendor's gross profit regardless of assignment from the covered
reporting periods not to exceed 13 reporting periods and then divide by that
number of periods.
The following process shall be used to determine the financial
equivalence of a location. A facility that has been in existence greater than
13 fiscal reporting periods shall have the previous 13 fiscal reporting periods
used to determine the average gross profit of the location. If the location is
a new location then the average will be determined for the length of time that
the facility has been opened up to a maximum of 13 reporting periods.
All vacant facilities will be advertised and vendors in displaced
status wishing to place application on the basis of displaced status may do so
and will be considered as displaced vendors in accordance with displaced vendor
policy. A displaced vendor may elect to use the displacement option on
locations that are equivalent or less if they so choose. During a one year
period following displacement, the vendor may decline assignment to any
location. After a period of one year has elapsed since displacement, the vendor
must accept any unassigned vending facility. The offer of such location(s)
shall be made in writing to the displaced vendor and failure to accept such
written offers shall cause the displaced vendor's license to be revoked. When
more than one displaced vendor is eligible for a location in this situation,
the vendor who has been displaced the longest will be given priority for a
location.
5.2.1. Insurance for
Displaced Vendors. Effective July 1, 1986, those vendors in displaced status
shall be eligible to have their health insurance premiums paid partially from
the Set-Aside Fund the same as assigned vendors for a period not to exceed one
year from the date of displacement.
5.3. Transfer or Promotion
When a new facility is established or a vacancy occurs in an existing
facility, all vendors will be notified in writing of the availability of the
facility, its operating requirements, and actual or potential earnings. Those
vendors meeting the definition of displaced status (see Section 5.2.) with
respect to the new or existing location and placing written application for
such a location shall be given priority in accordance with Section 5.2. Vendors
who wish to make application for a facility shall do so in writing to their
Vending Facility Specialist.
5.4. Selection of Vendor for Transfer or
Promotion
The criteria to determine the vendor who will be transferred or
promoted are:
A. Seniority - provided
the other specified criteria are satisfactorily met,
B. Ability to meet the physical requirements
of operating the facility,
C.
Satisfactory work habits,
D. Work
attitude - including good customer relations, cooperation with property
management,
E. Knowledge and
application of sound business practices, and
F. Not on probation, suspension or in
violation of 4.2.18.
"Seniority" means the period of continuous service from the day upon
which a vendor was assigned to operate a facility within the program until the
day on which it is necessary to compute the amount of seniority he/she has
accrued. Other time which will be computed toward "seniority" includes:
1. The date of certification for licensing
shall be used primarily for determining location assignment among certified
licensees who have no accrued "seniority" when no other licensed blind vendor
with accrued seniority has made application for transfer or promotion. All
applicants for transfer or promotion shall be ranked on the basis of these
criteria by the appropriate members of the Vending Facility Program's staff and
the Transfer and Promotion Subcommittee of the State Committee of Blind
Vendors. The recommendation of the staff and the subcommittee along with the
reasons for such recommendations will be forwarded to the Administrator of the
Vending Facility Program or designee who shall make the final decision as to
the vendor who will receive the transfer or promotion.
In the event a licensed blind vendor is not recommended by his
specialist for transfer or promotion, the licensed blind vendor must be
provided training to correct any deficiencies noted in order to satisfy the
requirements for operation. This training may include, but not be limited to,
on-the-job training and classroom training. Once the transfer and promotion
subcommittee has awarded a location to a vendor, the Vending Facility Program
Administrator will immediately notify that vendor. At that time, the vendor
awarded the location cannot refuse to accept the location. If a vendor chooses
to refuse the awarded location, their license is automatically terminated in
accordance with Section 3.2.J.
In the event that legal action arises over vendor transfer or
promotion, the State Licensing Agency will be responsible for all judgments and
legal actions taken. The
Set-Aside and Special Programs funds are not subject to any liabilities
for management decisions of the State Licensing Agency.
5.4.1. Composition of Transfer and
Promotion Subcommittee. After the conclusion of the bid application process,
the chairperson of the State Committee of Blind Vendors shall assign a Transfer
and Promotion Subcommittee to meet with the Vending Facility Program
Administrator in considering applicants for a location. The subcommittee must
consist of the following:
A. A licensed blind
vendor representative from each region of the state.
B. At least one member of a minority
group.
C. At least one female.
The subcommittee shall consist of four individuals and the chairperson
meeting the above referenced criteria. No person is eligible to serve on the
committee who has submitted an application or who is directly related to anyone
submitting an application for transfer or promotion. The subcommittee shall
then be called to meet by the chairperson with the Vending Facility Program
Administrator to consider all applicants and make recommendations for transfer
or promotion.
5.5. Disciplinary Action
If the vendor has engaged in conduct or actions which hinder or are
detrimental to the effective operation of the facility, disciplinary action,
not subject to policy #3.2 Termination, will be taken as follows:
1. A verbal warning from the Vending Facility
Program Administrator or designee. This warning will be noted in the vendor's
personnel file.
2. A written
warning to the vendor setting forth the specific policy violations, steps for
correction, and consequences of continued violations.
3. Should violations continue, the vendor
will be placed in probationary status for a prescribed time and specific terms
outlined for removal from probation. Probationary periods will not exceed three
months. No licensed blind vendor or certified licensee shall be eligible to
apply for a transfer or promotion to an existing vacant location if the
licensed blind vendor or certified licensee has been placed on probation or
suspension. The ineligibility to make application for transfer or promotion
shall extend through the entire time of probation and/or suspension and said
persons shall not have the right to make application for transfer and/or
promotion until they have been removed from probation or suspension.
4. Continued failure to comply with policies
will result in suspension. When a vendor is suspended for any reason, the
following criteria will apply:
1. Extra help
will be paid from the proceeds of the location, but the licensed blind vendor
will receive the net profits.
2.
Vendor is not eligible to apply for transfer or promotion.
3. Suspension will not exceed 10 working days
unless extenuating circumstances are involved.
4. Under extenuating circumstances when
suspension exceeds 10 days, seniority will be frozen for the length of
suspension. A new license will be issued reflecting the adjusted seniority
date.
5. Leave benefits are not
available to vendor while on suspension.
5. Continued failure to comply with policies
will result in termination in accordance with policy 3.2. At any step of the
disciplinary process, the vendor must be advised of his rights and remedies as
set forth in Section XI of this manual.
5.5.A. Licensed Vendor Without A Location
When a vendor has completed actions that place him into the status of
"a vendor without a location", the following stipulations apply:
1. The vendor cannot earn or use sick leave
and any accumulated sick leave will be frozen until the vendor is assigned a
location. When the vendor is assigned a location, he will earn sick leave in
accordance with Section 6.2.
2. The
vendor will have a one year period from the date the action(s) was completed
that he can decline assignment to any location. After a one year period has
elapsed, the vendor must accept any unassigned facility. If the vendor does not
accept assignment and operate the facility, his license will be
revoked.
3. Vacation, seniority
(5.5.4.4), retirement and other matters will be determined in accordance with
the Vendor Operating Procedures Manual.
4. Vendor will not receive any priority in
the bid process other than his seniority date in accordance with Section 5.3
and 5.4. Vendor is not a displaced vendor.
5.6. Resignation
A voluntary separation on the part of the vendor will be considered as
an automatic termination of his license and Program rights. Once processed, it
cannot be withdrawn.
If a vendor decides to rejoin the program, a period of evaluation,
reorientation and training will be necessary. When completed, the vendor will
be relicensed and his name will be placed on the ready for employment list as
if he were a new licensee.
Any money owed to the Program must be repaid before the individual can
rejoin the
Program.
If possible, a vendor is expected to give at least two week's notice
prior to leaving the program. If no notice is given, an inventory will be
completed at the earliest possible date. If proper notice is given, an
inventory will be completed on the vendor's last working day. All monies that
are due to the vendor will be paid to the vendor.
5.7. Termination
A vendor may be terminated for the reasons stated in Section 3.2.,
Termination of Licenses. When termination occurs, the vendor's license will be
revoked. All monies that are due to the vendor will be paid to the
vendor.
5.8. Retirement
Retirement is a voluntary separation on the part of the vendor.
Retirement is considered an automatic termination of the retiree's license,
program rights and seniority. If a retirement is processed, it cannot be
withdrawn. If a retiree decides not to retire and wants to return to the
Program, the retiree must apply for training and go through a period of
evaluation, reorientation and training as any other new trainee. If retiree
completes training and is certified for relicensing, the retiree's name will be
placed on the ready for employment list as if the retiree is a new licensee.
Any money owed to the Program after a vendor retires must be repaid before the
retiree can rejoin the Program.
Mandatory retirement will be based on the vendor's mental and physical
inabilities to operate the facility to which the vendor is assigned or other
available facilities within the program. The vendor will be evaluated annually
to determine whether or not the vendor must retire. All monies due the vendor
at retirement will be paid to the vendor. A vendor going through mandatory
retirement will not be eligible to rejoin the Program.
5.9. Employment of Relief or Extra Help
5.9.1. State Paid Relief Personnel. State
paid relief personnel are no longer provided for vendors. Vendors will still
receive vacation and sick leave but will arrange for extra help to work their
locations.
5.9.2. Essential Extra
Help. For purposes of definition, essential extra help shall be defined as a
full or part-time employee of a licensed blind vendor essential for the
operation of a vending facility in consideration of good management and
business practices. Such essential extra help personnel will be paid in
accordance with policies set forth in Section 5.9.4. Non-essential personnel
are defined as persons employed by the vendor in lieu of sick or vacation leave
and not essential for the normal operation of the vending facility. Any extra
help whether to assist the vendor in operating the facility or to substitute
for him in his absence other than for vacation or sick leave must be arranged
for by the vendor and approved by the specialist.
5.9.2.1. Required Payroll Information. In
order to properly process the payroll for essential extra help employees, the
Vending Facility Program office must have the following information in order to
comply with federal and state laws and allow the processing of the essential
extra help employee(s) payroll. (See Appendix A for specific forms.)
Federal tax withholding form (W-4)
State tax withholding form (AR-4EC)
Immigration and Naturalization Service Form I-9
Employment Application form
Copy of Social Security card No essential extra help person's payroll
can be processed until all forms have been completed and submitted to the
Vending Facility Program office.
5.9.2.2. Payroll Reporting. It is the
responsibility of the licensed blind vendor employing essential extra help to
report to the respective Vending
Facility Program Specialist payroll information by the appropriate
deadline. Vendors failing to report payroll information by the deadline will
have employee's payroll computed in accordance with the previous payroll
information submitted. If corrections are needed in the payroll, any such
correction will be made in the succeeding payroll period and no special payroll
checks will be authorized or issued. It shall be the responsibility of the
vendor to explain such payroll information to the employed extra help and not
the responsibility of the Vending Facility Program office when late payroll
information is received.
5.9.3.
Non-essential Extra Help. Effective January 1, 1988, the Vending
Facility
Program office will no longer be responsible for processing the payroll
of nonessential extra help personnel as defined in Section 5.9.2. For purposes
of this policy, those vendors on extended sick leave shall not be considered as
having non-essential extra help persons. Persons employed under this category
shall be employed under the category of extended sick leave extra help
personnel. The vendor's Vending Facility Program Specialist should be made
aware of the fact that a specific individual or individuals are contracted by
the vendor to work as non-essential help. It shall be the sole responsibility
of the licensed blind vendor to pay such individuals contracted under such a
status as non-essential extra help. Vendors shall not pay for such individuals
through the proceeds of the location but shall pay from their own personal
resources. Vendors found and proven to be paying non-essential extra help
through the proceeds of the location shall be subject to license revocation.
The Vending Facility Program office assumes no liability for taxes or other
deductions required by Federal or State Income Tax laws and regulations in the
contract of non-essential help. Vendors for personal tax purposes should keep a
record of any payment made to such non-essential individuals since it is
deductible from their personal income taxes as a business expense. It is
recommended but not required that a vendor maintain a written contract with
non-essential extra help contractors. See Appendix A for a sample
agreement.
Effective February 22, 1990, non-essential extra help is limited to 12
days per calendar year. Use of non-essential extra help beyond 12 days will be
subtracted from available vacation leave. If vacation is not available then the
progressive discipline process in Section 5.5. will be followed.
5.9.4. Maximum Wages to be Paid
Extra Help. The maximum wage that may be paid to a person employed as extra
help by a vendor to be deducted as an operating expense shall be determined by
the Vending Facility Program Administrator in consultation with the State
Committee of Blind Vendors. All vendors employing such extra help will be
informed in writing of the maximum allowed wage. The current maximum is $8.00
per hour. Should the vendor elect to pay the extra help employee a higher
hourly wage, the amount over the maximum wage is non-essential (but will not be
applied to allowable nonessential days) and will not be paid through the
Vending Facility Program. Under no circumstances shall extra help employees be
permitted to receive a specified percentage of the profits of the facility.
Extra help used for vacation or sick leave will be paid at least the
Federal minimum wage but no more than $6.50 an hour.
5.9.5. Criteria for Employing Extra Help.
Persons who are employed as extra help should meet the following criteria:
(1) Possess the ability to operate the
vending facility in a proper and satisfactory manner.
(2) Be thoroughly reliable and
dependable.
(3) Be accurate in
reporting and accounting for funds.
(4) Be neat in appearance.
(5) Be courteous and helpful to
customers.
(6) Provide the vending
facility office with a copy of his Social Security card.
(7) Be approved by the Vending Facility
Specialist.
VENDOR OPERATING PROCEDURES MANUAL
SECTION X
FINANCIAL INFORMATION
10.1.
Payroll Procedures
10.1.1. Processing
Statements from Local Suppliers. Itemized bills or statements from local
suppliers of services are to be provided to the Vending Facility Specialist for
the processing of purchase requests and for the specialist's verification and
approval.
10.1.2. Weekly Sales
Report. The Weekly Sales Report reflects the sales and expenses of the vendor
during the counting week (from the beginning of the day on Friday through the
end of the day on Thursday). A Weekly Sales Report will be completed by the
vendor after the close of business on each Thursday (see Weekly Sales Report
instructions in Appendix A). Use of the Weekly Sales Report form is recommended
but is optional. The following essential information, however, must be reported
to the Bookkeeping Section in writing after the close of business on each
Thursday.
(1) Total Supplies/Operating
Expenses
(2) Total Purchase of
Stock
(3) Total Weekly
Deposit
(4) Total Weekly Sales
Reports containing the above listed information may be submitted in
typed or legible written form with appropriate accompanying invoices. Since the
vendor's commissions are calculated from this report, extreme care should be
taken to ensure its accuracy. The Weekly Sales Report should be sent to DSB,
P.O. Box 3237, Little Rock, AR 72203. The report should be accompanied by
invoices for the purchase of stocks and supplies during the week covered by the
report and the deposit which must be in the form of a money order, cashier's
check, or personal check. Cash will not accompany the report. Cashier's checks
or money orders are preferred. If more than one personal check must be returned
or held because of insufficient funds in a six month period of time, personal
checks will no longer be accepted from the vendor, unless the vendor can
provide documented evidence that the returned check(s) was not the fault of the
vendor. Invoices for purchases of stock and supplies which are not accompanied
by a completed Weekly Sales Report will not be accepted by the Bookkeeping
Section, so long as the vendor has had adequate training in the procedure of
completing the report.
If it is necessary to hire assistance in preparing the Weekly Sales
Report, the necessary cost may be charged as an operating expense. Personal
checks should be made payable to the Vending Facility Program. The cost of
cashier's checks or money orders may be charged as a miscellaneous operating
expense. Receipts for the cost of cashier's checks or money orders should be
included with the following week's invoices. The report must reach the Vending
Facility Program's Bookkeeping Section by the end of the day on the Tuesday
following the Thursday of the week for which the report is applicable. A report
arriving after the end of the day on Tuesday will be considered a late report.
The date of the postmark will be used as criteria to determine whether the
report sent through the mail is late through the fault of the vendor or the
Post Office. The Bookkeeping Section will notify the respective Vending
Facility Program Specialist of any late reports after mail delivery on
Wednesday morning. The specialist will then contact the affected vendor/vendors
to notify them of late reports. Reports that are consistently late through the
fault of the vendor will be cause for suspension or termination.
10.1.3. Operating
Expenses. Items that are needed in the day-to-day operation of the facility but
are neither equipment nor consumable supplies are to be paid for from the cash
drawer and charged as operating expenses on the Weekly Sales Report. Itemized
bills on these purchases will accompany the Weekly Sales Report. Examples of
these items are: ashtrays, coffee pots, salt and pepper shakers, cream
pitchers, napkin holders, brooms, mops, etc.
10.1.4. Period Report. The purpose of the
Period Report is to provide the vendor with an itemized statement of all income
and expenses during a four-week period (see instructions in Appendix A). This
report is compiled from the four Weekly Sales Reports completed by the vendor
during the period and from the Extra-Help Payroll Information forms completed
by the specialist during the period.
10.1.5. Draw Payroll. Each vendor assigned to
a facility is guaranteed a fair minimum return (draw). Currently, the draw is
$100 per week or $20 per day if the vendor is not assigned to a facility for a
full week. The $100 draw per week will not be exceeded even if the facility is
open for business more than five days per week. The Draw Payroll is prepared
monthly and the vendor is paid a four week draw on commission two weeks prior
to commission. The vendor must inform the specialist of any changes concerning
name, address, marital status, and insurance coverage. It is necessary that the
vendor notify the specialist as soon as possible of a change concerning the
preceding items enough in advance to permit the specialist to submit the change
to the Bookkeeping Section before the next check is issued. When a new vendor
is assigned to a facility, the vendor will receive the first draw check at the
time the Draw Payroll is processed after the vendor received his assignment.
A vendor will remain on the Draw Payroll during holidays. A holiday is
defined as a day when the establishment in which the facility is located is
closed for the purpose of observing a holiday.
10.1.5.1. Lost Draw, Commission or Payroll
Checks. If the vendor or their extra help has not received their check 7 days
after mailing (Wednesday mailing to Wednesday of the following week), a stop
payment will be made and the check reissued on Thursday.
10.1.6. Commissions. Commissions are the
profits of a facility after the cost of goods sold, the cost of consumable
supplies, operating expenses, set-aside contributions, and the fair minimum
return (drawing account) have been subtracted from the gross sales. Commissions
are paid to vendors in a lump sum check for a four-week period. The vendor will
receive commission payments approximately two weeks after the close of the
previous four-week period. The commissions are calculated from the Period
Report (see Section 10.1.4.). There will be some situations in which the
payment of the minimum guarantee for lower earning periods will be offset by
commissions in other periods. In order to prevent serious fluctuations in the
vendor's income, arrangements will be made on an individual basis to withhold a
portion of commission payments to make up for payments made as fair minimum
return. The objective will be to so space the withholding from commission
payments as to balance out at the end of the fiscal year. Occasionally,
situations may arise where excess payments have been made to a vendor during a
fiscal year. Such overpayments will be recovered through prorated deductions
from commissions during the next fiscal year. In those situations where the net
earnings of the stand do not exceed the minimum guarantee, the deficit will be
erased.
10.2. Inventory
Gains or Losses When a vendor leaves a facility whether by transfer or
promotion, an inventory will be taken to determine its value. If the value of
the inventory is greater than the value of the inventory when the vendor was
assigned to the facility and there are no other losses to completely offset the
gain in value, the amount of the increased value will be paid to the vendor as
profit from the Special Programs Fund. If the value of the inventory when the
vendor leaves the facility is less than the value of the inventory when he was
assigned to it and if there is not an increase in cash-on-hand equal to the
difference, the vendor must repay the loss in value to the Special Programs
Fund. The loss may be repaid with unpaid commission, if any, by profits from
the facility to which he is being transferred or promoted or by the combination
of both methods.
When a vendor leaves the Vending Facility Program, an inventory will be
taken to determine its value. If the value is greater than the value of the
inventory when he was assigned to the facility, the amount of the increased
value will be paid to the former vendor from the Special Programs Fund.
If the value of the inventory and cash-on-hand is less than the value
of the inventory when the vendor was assigned to the facility, the amount of
the deficit is due and payable by the vendor to the Special Programs Fund.
Notification of the amount of repayment will be given to the vendor in writing
by the Vending Facility Program.
10.2.1. Inventory Changes. When an inventory
has been processed on a manager for any reason, the manager will receive a copy
of the inventory and have 30 calendar days, after receipt, to resolve any
questions regarding the validity and/or accuracy of the inventory. After the 30
calendar day period is over, the inventory can not be
changed.
10.3. Federal,
FICA, and State Income Tax Liability
For income tax purposes, licensed blind vendors are considered
self-employed persons under Federal and State Income Tax laws and regulations.
Effective January 1, 1988, the Vending Facility Program will not be responsible
for withholding FICA, Federal and State Income Taxes from licensed blind
vendors' draw and commission. It shall be the responsibility of the licensed
blind vendor to comply with all applicable Federal and State Income Tax laws
concerning personal income. Licensed blind vendors wishing specific information
concerning Federal Income Tax and Social Security Taxes (FICA) should contact
their nearest United States Internal Revenue Service office. Licensed blind
vendors wishing specific information concerning State Income Tax regulations
should contact the Arkansas Department of Finance and Administration Division
of Revenue. Draw and commission checks will be sent to licensed blind vendors
as per check mail out schedule and all such income will be taxable under
Federal and State laws and regulations.
10.4. Insurance
Beginning November 1, 1989, vendors currently licensed and placed on
location will qualify for fringe benefits coverage. A reimbursement of $50.00
per month will be made for major medical or medical supplement insurance. This
includes Medicare supplements but not Medicare or Medicaid policies. Monthly,
quarterly or annual proof of coverage must be submitted. Quarterly payments
will be issued and insurance changes must be reported to the office
immediately. Licensees will not receive this insurance benefit until they are
assigned a location. Vendors are required to provide proof of coverage in one
of the following ways before the $50.00 payments will be issued:
1. Have your insurance company send a letter
to the Vending Facility Program office detailing your current coverage under a
major medical or Medicare supplement insurance policy and that the Vending
Facility Program office will be notified should this policy expire. This option
will allow continuous payment of the fringe reimbursement check, or
2. Send a copy of the previous month's
premium payment receipt or canceled check to the Vending Facility Program
office using the previous month's statement for the current month's
reimbursement. This option will provide payment for the time period shown on
the receipt whether it be monthly, quarterly or annually. The Vending Facility
Program office will not make changes in any type of insurance coverage until
they have received a written request to do so from the vendor. The Vending
Facility Program office after receiving a written request shall acknowledge the
requested change in writing.
10.4.1. Life Insurance. USAble Life Insurance
coverage is available to vendors assigned to facilities within the Vending
Facility Program and their dependents. The vendor is responsible for part of
the premium. The premium is payroll deductible from the vendor's draw checks.
10.4.1.A. Vendors in Displaced Status
(Section 5.2.). Effective July 1,
1986, those vendors in displaced status shall be eligible to have their
health insurance premiums paid partially from the set-aside fund the same as
assigned vendors for a period not to exceed one year from the date of
displacement.
10.4.2. Cancer Insurance. Cancer insurance is
available to vendors and their families through the Vending Facility Program
from an insurance provider if they qualify. Due to the many changes that take
place in insurance from year to year, dependents are defined in the policy
handbook. For further information on dependents, contact the Vending Facility
Program office. This premium is also deductible from the vendor's draw check. A
claim form is provided with the policy. If additional claim forms are needed,
the vendor should contact the Vending Facility Program office.
10.4.3. Liability Insurance. Vendors are
required to carry liability insurance to protect the vendor, the facility, and
the Vending Facility Program against property damage and claims filed by
injured parties resulting from the operation of the vending facility. This
policy is obtained by the Vending Facility Program and covers all legal costs,
medical expenses, and personal and property damage subject to the following
features:
1. One million dollars "all risk"
and extends to products liability as well as premises.
2. This coverage includes liability,
equipment and inventory and is on a "replacement cost" basis.
3. Full loss of earnings.
4. Money and securities, $10,000. Inside and
outside, $2,000. Deductible $250.00.
The cost of the insurance for each facility is based on the type of
operation, location of facility and annual sales of facility. The annual cost
for each facility will be prorated over the 13 periods per year and deducted
from the facility's profits as an operating expense each period. At the end of
each year, adjustments will be made based on any changes in the type of
operation of the facility.
The vendor shall notify their specialist at once should any claims or
losses arise that are covered by the liability insurance.
10.4.4. Workers' Compensation
Insurance
All vendors are required to carry Workers' Compensation
Insurance. This insurance covers all full time, part-time,
occasional or non-essential extra help employees.
The cost of this insurance will be prorated over the 13 periods per
year and will be deducted from the facility profits as an operating
expense.
10.4.4.1. Workers'
Compensation Claims.
When the extra help person is injured on the job or entering or leaving
the work premises, the licensed blind vendor shall immediately contact the
Vending Facility Specialist to report the accident and begin appropriate filing
of Workers' Compensation claims. Under no circumstances should a vendor delay
the filing or reporting of a job related accident. If a vendor is unable to
contact the vendor's respective specialist, the Vending Facility Program office
should be contacted and either the VFP accountant or the Vending Facility
Program Administrator made aware of the accident. Failure to report a job
related accident within a 24 hour period of time will be grounds for
disciplinary action.
10.5. Retirement Contributions
The Vending Facility Program will contribute toward the development of
individualized retirement packages for licensed blind vendors in the Arkansas
Randolph-Sheppard Program. Funding for contributions will be provided by
profits from the interstate highway vending machines. Vendors are considered as
self-employed individuals and must buy their own retirement packages. Criteria
is outlined below:
1. Eligibility.
Participant must be a licensed blind vendor or displaced vendor in accordance
with the Federal Randolph-Sheppard Act. Beginning with October 1, 2000,
participants must have completed 1 year of seniority to receive contributions.
Seniority will be calculated using October 1st of each successive
year.
2. Proof of Eligibility. The
vendor will have 30 calendar days from issuance of contributions to send in
proof of use in a valid retirement package (e.g., IRA) to the Vending Facility
Program. Proof must be provided each year. Failure to provide such proof will
terminate the vendor's eligibility for retirement contributions and vendor must
return the last contributions received from the Program that do not have proof
of use in a valid retirement package. Should the vendor not return the last
contributions, the amount of the contribution will be withheld from the
vendor's draw and/or commission. Also, the vendor will be subject to
disciplinary action in accordance with policy 5.5 of the Vendor Operating
Procedures Manual.
3.
Contributions. Contributions will be paid to eligible licensed vendors by or on
October 15th each year. Contributions will start at $200.00 for 1 year
seniority and will be increased each additional year by $25.00 (e.g., 2 years
seniority equals $225.00). Contributions will be shown as income on the
vendor's 1099 for the year in which they were paid. After June 30th and before
September 30th, the VFP Administrator and Accountant shall perform an annual
review of the period between Period 1 (October 1) and Period 10 (June 30) of
the current year and determine if sufficient funds have been collected to
provide for an additional, one time percentage and/or bonus payment increase in
the overall retirement contributions for disbursement to eligible managers. If
funds are available, eligible managers will receive the increase on their
retirement benefit when disbursed. If funds are not available, no additional,
one time percentage increase will be disbursed.
4. Exceptions. Exceptions will apply if the
I.R.S. does not allow contributions by the vendor due to age or other
restrictions. In this case, 5.B will not apply. Contributions will be provided
to the vendor in accordance with this policy.
5. Termination from Participation. The vendor
is no longer eligible to participate in or receive retirement contributions
when conditions exist as listed below:
A.
Vendor is not licensed to operate a facility on the date when retirement
contributions are issued including the date of issuance.
B. Vendor fails to provide proof of
retirement package within 30 days after receiving the retirement
contribution.
C. Retirement
contributions will not be issued to beneficiaries or vendor estates.
D. Retirement contributions will not be
prorated.
VENDOR OPERATING PROCEDURES MANUAL
SECTION XI
ADMINISTRATIVE REVIEW, EVIDENTIARY HEARING AND ARBITRATION
PROCEDURES
11.1. Administrative Review
Procedures
11.1.1. Procedures.
A. A vendor or his/her designee (who may be a
member of the State Committee of Blind Vendors) may request in writing within
15 working days of the occurrence of the action, an Administrative Review of an
action by the DSB arising from the operation or administration of the Vending
Facility Program with which the vendor is dissatisfied. This review will be
made only by a member or members of the administrative staff of the DSB who has
not participated in the action in question.
B.
1. The
Administrative Review will be held at a time and place convenient to the vendor
requesting the review.
2. The
Administrative Review will be conducted within 15 working days after receipt by
the DSB of such a request.
C. If needed, transportation, reader
services, or other communication services will be arranged for the vendor by
the DSB. If the administrative review is held during regular operational hours
of the location, the Vending Facility Program Office will provide relief at no
cost to the vendor.
D.
Documentation of the written request for the Administrative Review and actions
and decisions resulting from the review shall be maintained as part of the
official record of the Administrative Review process.
E. When an Administrative Review does not
resolve a dispute to the satisfaction of the vendor, the vendor may request a
Full Evidentiary Hearing.
11.2. Full Evidentiary Hearing Procedures
When a vendor is dissatisfied with an action by the DSB arising from
the operation or administration of the Vending Facility Program, the vendor may
file a complaint with the DSB requesting a Full Evidentiary Hearing. The
complaint shall identify one or more disputed issues to be resolved in an
Evidentiary Hearing. Complaints concerning actions taken by the DSB which are
required by law are not appropriate for resolution through an Evidentiary
Hearing since Evidentiary Hearings cannot settle issues of law. Adherence of
the DSB to its policies and consistency of application of its policies are
examples of issues of fact which, if disputed, can be resolved through the
Evidentiary Hearing process.
11.2.1.
Procedures.
A. Vendors shall be informed in
writing of their rights to a to a Full Evidentiary Hearing and of the
procedures for obtaining it at the time they are licensed.
B. If a vendor requests an Evidentiary
Hearing, such a request must be made within 15 working days after the adverse
decision of an Administrative Review.
C. A vendor must request an Evidentiary
Hearing in writing. This request must be transmitted to the Commissioner of the
DSB personally or by certified mail, return receipt requested. This request may
be transmitted through the State Committee of Blind Vendors.
D. A vendor is entitled to legal counsel or
other representation at his own expense or through legal services available in
the community.
E.
1. Reader services or other communication
services will be arranged for the vendor should he request them.
2. Transportation costs and per diem shall be
provided to the vendor if the Evidentiary Hearing is in a city other than the
legal residence of the vendor.
F.
1. The
hearing will be held at a time and place convenient and accessible to the
vendor. A hearing held during regular working hours and located at the State
Office, DSB, may be deemed as a convenient time and location.
2. The hearing will be scheduled by the DSB
within 15 working days of the receipt of the request unless the DSB and the
vendor mutually agree, in writing, to some other period of time.
3. The vendor shall be notified in writing of
the time and place of the hearing and of his/her right to be represented by
legal or other counsel. This notice shall be sent to the vendor by way of
certified or registered mail.
4.
The vendor shall be provided with a copy of the hearing procedures and other
relevant information necessary to enable him to prepare his case for the
hearing.
G. A panel
consisting of three persons will hear the evidence. The vendor shall select one
representative, and the DSB will select a representative.
The vendor's representative and the agency's representative shall then
select the third member of the panel. The third person selected shall then
serve as panel chairperson.
H.
1. This
panel shall conduct the hearing, avoid delays, maintain order, and make
sufficient record of the proceedings for a full and true disclosure of the
facts and issues
2. This panel
shall have all powers authorized by law and may make all procedural and
evidentiary rulings necessary for the conduct of the hearing.
3. The hearing shall be open to the public at
the discretion of the vendor.
I. Both the vendor and the DSB are entitled
to present their case by oral or documentary evidence, to submit rebuttal
evidence and to conduct such examinations and cross-examinations of witnesses
as may be required for a full and true disclosure of all facts affecting the
issues.
J.
1. All papers and documents introduced into
evidence at the hearing shall be filed with the presiding officer, and provided
to the other party.
2. All
documents and other evidence submitted shall be open to examination by the
parties and opportunities shall be given to refute facts and arguments
presented on either side of the issue.
K.
1. A
transcript shall be made of the oral evidence and shall be made available to
the parties.
2. The DSB shall pay
all transcript costs and shall provide the vendor with a copy of the
transcript.
L. The
transcript, exhibits, and all papers and documents filed in the hearing shall
constitute the exclusive record for the decision.
M.
1. The
decision of the panel shall set forth the principal issues and relevant facts
presented at the hearing and the applicable provision in law, regulation, and
agency policy.
2. The decision
shall contain findings of fact and conclusions with respect to each of the
issues and the reasons for such conclusions.
3. The decision shall set forth any
corrective actions necessary to resolve the issues in dispute.
4. The decision shall be made within 15
working days after receipt of the transcript.
5. The decision shall be mailed promptly to
the vendor and the DSB.
N. If the vendor is dissatisfied with the
decision rendered after a Full
Evidentiary Hearing, he/she may request that an Arbitration Panel be
convened by filing a complaint with the Secretary of the Federal Department of
Education.
11.3. Arbitration Procedures
The policies for the convening of an Ad Hoc Arbitration Panel provided
for by Sections 5(a) and 6 of the Act and Sections 395.6(e) and 395.13 of the
Regulations, and the procedures governing the designation of the Arbitration
Panel members, the notices to be given, the conduct of the Arbitration Panel
members, the notices to be given, the conduct of the arbitration including the
authority and duties of the panel and the rights of the parties, the decision
making by the panel, and the rights of appeal from the decision, are as
follows:
11.3.1. Definitions.
As used in this document:
A.
"Act" means the Randolph-Sheppard Act Amendments of 1974, Title II of P.L.
93-516.
B. "Party" or "Parties"
means one or both as the context indicates, of the complainant blind vendor and
the DSB.
C. "Secretary" means the
Secretary of the Department of Education.
D. "Regulations" means the regulations at
34 CFR
395.1 et seq.
11.3.2. Communications.
A. All communications, including originals
and copies of required notices, pleadings, motions, petitions, and briefs, in
connection with and related to the arbitration, between the parties, between a
party and the Secretary, between a party and the Arbitration Panel, between the
parties or the Arbitration Panel and the Arbitration Clerk or the Bureau for
the Blind and Visually Handicapped of the Rehabilitation Services
Administration, shall be in writing transmitted by registered or certified
mail, return receipt requested.
B.
A copy of the complaint shall be sent by the blind vendor to the DSB.
Thereafter, all communications and sufficient copies thereof will be
transmitted to the Arbitration Clerk in the Bureau for the Blind and Visually
Handicapped who will maintain the official docket of the Arbitration Proceeding
and who will transmit promptly the original or the copies to the parties and
the Arbitration Panel, as may be appropriate, and, as may be necessary, to the
Bureau for the Blind and Visually Handicapped.
11.3.3. Complaint by Blind Vendor.
A. If a blind vendor, after he has been
provided a Full Evidentiary Hearing by the DSB as provided in Section 5(a) of
the Act and Sections 395.6(e) and 39
5.1 3(a) of the Regulations, is
dissatisfied with any action taken or decision rendered as a result of such
hearing, he may file a written complaint with the Secretary.
B. The complaint shall set forth the action
or actions arising from the operation or administration of the Vending Facility
Program by the DSB which constituted the basis for the request by the blind
vendor for a Full Evidentiary Hearing; the date and place of the Full
Evidentiary Hearing; the decision rendered as a result of the hearing, and any
action taken as a result of the hearing; the specific part or parts of the
decision rendered as a result of the hearing with which the blind vendor is
dissatisfied and the reasons for such dissatisfaction; the specific action or
actions taken as a result of the hearing with which the blind vendor is
dissatisfied and the reasons for such dissatisfaction; and a statement of the
relief which the blind vendor is seeking to obtain from the DSB. Any written
decision rendered as a result of the Full Evidentiary Hearing shall be attached
to the complaint as an exhibit.
11.3.4. Arbitration Clerk.
Upon receipt of the complaint by the Secretary, it will be forwarded
promptly to the designated Arbitration Clerk in the Bureau for the Blind and
Visually Handicapped, Rehabilitation Services Administration, Department of
Education. Within 7 days of receipt of the Arbitration Clerk, the complaint
will be docketed and its receipt acknowledged to the blind vendor and the
DSB.
11.3.5. Review and
Disposition of Complaint.
After the complaint has been docketed, it will be reviewed by the
Bureau for the Blind and Visually Handicapped. No later than 30 days after
acknowledgment of the complaint, the parties will be notified of the results of
the review as follows:
A. If the
complaint alleges sufficient relevant and material facts which, if proved,
would entitle the blind vendor to any of the relief sought and if any of the
relief sought is within the authority of the Arbitration Panel to grant, the
parties will be notified that an Ad Hoc Arbitration Panel will be
convened.
B. If the complaint fails
to allege sufficient relevant and material facts which, if proved, would
entitle blind vendor to any of the relief sought; or, if none of the relief
sought is within the authority of the Arbitration Panel to grant, the blind
vendor will be so notified in writing together with a statement of the reasons
therefor and given an opportunity to amend the complaint within 15 days from
the date of the notice.
C. If the
blind vendor does not file a timely amendment to the complaint, the parties
will be notified in writing that the complaint is dismissed.
D. If the blind vendor files a timely
amendment to the complaint, the parties will be notified of the sufficiency of
the amended complaint expeditiously (normally not to exceed 15 days) after
receipt of the amendment. If it is determined that the amended complaint
alleges sufficient relevant and material facts and that any of the relief
sought is within the authority of the Arbitration Panel to grant, the notice
will inform the parties that an Ad Hoc Arbitration Panel will be convened. If
it is determined that the amended complaint fails to allege sufficient relevant
and material facts or that none of the relief sought is within the power of the
Arbitration Panel to grant, the notice will inform the parties that the
complaint is dismissed.
E. If the
complaint does not allege facts which indicate dissatisfaction with all or part
of the decision rendered as a result of a Full Evidentiary Hearing, the notice
will inform the parties that the complaint is dismissed.
F. If it is determined that the complaint is
specious or that it has been filed solely for the purpose of harassment, the
notice will inform the parties that the complaint is dismissed and will contain
a statement of the reasons for the conclusion reached and the action
taken.
G. If for the purpose of any
decision under this section the Bureau for the Blind and Visually Handicapped,
Rehabilitation Services Administration, Department of Education, and deems it
necessary to obtain information in addition to that at hand, such information
will be requested through the Arbitration Clerk from the parties. The request
will state a reasonable period for the furnishing of the information, and the
determination will be made no later than 15 days after its receipt. H. If the
complaint is dismissed for any of the reasons set forth in paragraphs C, E, or
F of this subsection, such dismissal shall constitute a final agency
action.
11.3.6.
Designation of Arbitration Panel.
A. Within 15
days from the date of the notice informing the parties that an Arbitration
Panel will be convened, each party shall designate one panel member and
promptly notify the Arbitration Clerk of the designation including the name and
address of the designee. Within 30 days from the date of the notice, the two
panel members designated by the parties, or by the Secretary under paragraph B.
of this subsection, shall designate as the third member of the panel a person
who is not an employee of the DSB, the Division of Rehabilitation Services, or
Department of Human Services shall serve as panel chairperson.
B. If the Secretary, through the Arbitration
Clerk, is not notified promptly by the parties of the timely designation of the
panel members, and by the panel chairperson of his timely designation as such
by the panel members, the Secretary will make such designation or designations
on behalf of the parties or the first two panel designees.
11.3.7. Answer to Complaint.
Within 30 days from the date of the notice informing the parties that
an Arbitration Panel will be convened, the DSB may file an answer to the
complaint with the Arbitration Clerk, failure to file an answer will not be
deemed an admission of the allegations in the complaint, nor result in the
default of the DSB. The issues for arbitration and the positions of the parties
thereon may be identified at the Pre-Arbitration Conference.
11.3.8. Notice of Arbitration and
Pre-Arbitration Conference.
A. The Arbitration
Panel, after consulting with the parties, shall schedule a reasonable date,
time and place for the arbitration which shall not be later than 45 days after
the designation of the panel chairperson. The panel chairperson shall notify
the parties and the Arbitration Clerk of the date, time and place of the
arbitration at least 30 days prior to the time scheduled.
B. The Arbitration Panel shall schedule a
Pre-Arbitration Conference with the parties to settle or simplify the issues
between the parties and to encourage them to resolve the issues in whole or in
part. If the panel so requires, stipulations or proposed exhibits shall be
exchanged at the Pre-Arbitration Conference or otherwise prior to the
arbitration. The panel chairperson shall give the parties and the Arbitration
Clerk reasonable notice of the date, time and place of the Pre-Arbitration
Conference.
11.3.9.
Conduct of the Arbitration
A. The panel
chairperson shall preside over the arbitration.
B. The Arbitration Panel shall be responsible
for the order, conduct, and decorum of the proceeding and shall have the
authority to take all appropriate steps necessary to assure an orderly,
expeditious, and fair arbitration, including, but not limited to, the
following:
1. To change the date, time, and
place of the arbitration, upon due notice to the parties and the Arbitration
Clerk, including the authority to continue the proceeding in whole or in
part.
2. To consider matters that
may aid in the expeditious disposition of the arbitration.
3. To regulate participation of the parties
and require them to state their position with respect to the issues in the
arbitration.
4. To administer oaths
and affirmations.
5. To rule on
motions and other procedural items.
6. To regulate the course of the arbitration
and conduct of counsel therein.
7.
To examine witnesses.
8. To
receive, rule on, exclude or limit evidence.
9. To fix the time for filing motions,
petitions, briefs, or other items in matters pending before it.
10. To make a final agency decision for
purposes of Chapter 7 of Title V, United States Code.
C. The Arbitration Panel does not have the
authority to compel by subpoena the production of witnesses, papers, or other
evidence.
11.3.10. Rights
of Parties The parties may:
A. Appear by
counsel or other authorized representatives in all Arbitration
Proceedings.
B. Agree to
stipulations as to facts which will be made a part of the record.
C. Make brief opening statements at the
arbitration which shall be limited to describing the party's position and what
it intends to prove.
D. Present
relevant and material evidence on the issues in the arbitration.
E. Present witnesses who will testify under
oath or affirmation and who then must be available for cross- examination by
the other part.
F. Present oral
arguments at the arbitration.
G.
Submit written briefs, proposed findings of fact, and proposed conclusions of
law, after the close of the presentation of evidence in the
arbitration.
11.3.11.
Rules of Evidence.
Technical rules of evidence shall not apply to the arbitration, but
rules or principles designed to assure production of the most credible evidence
available and to subject testimony to test by cross-examination shall be
applied by the panel chairperson. A witness may be cross-examined on any matter
material to the proceeding without regard to the scope of his direct
examination. The panel chairperson may exclude irrelevant, immaterial, or
unduly repetitious evidence. All documents and other evidence offered or taken
for the record shall be open to examination by the parties and opportunity
shall be given to refute facts and arguments advanced on either side of the
issues.
11.3.12.
Depositions.
If the panel chairperson determines that the interest of justice would
be served, he may authorize the taking of depositions but only if all parties
are afforded an opportunity to participate in the taking of the depositions. If
the DSB requested the deposition, it shall arrange at its expense for a
transcript of the deposition and shall, upon request of the blind vendor,
furnish such party with a copy of the transcript. If the blind vendor requested
the deposition the Arbitration Clerk will arrange for the services of the
reporter and for paying for such services including the costs of the transcript
and necessary copies.
11.3.13. Unsponsored Written Material
Letters expressing views or urging action and other unsponsored written
material regarding matters in issue in a hearing will be placed in the
correspondence section of the docket of the arbitration. These data are not
deemed part of the evidence or record in the arbitration.
11.3.14. Official Transcript and Record.
A. The Arbitration Clerk will designate the
official reporter for all arbitration proceedings, including the taking of
depositions at the request of the blind vendor pursuant to 11.3.12. Copies of
transcripts may be obtained by the DSB and the public at rates not to exceed
the maximum rates fixed by the contract between the Arbitration Clerk and the
reporter. The blind vendor may obtain through the Arbitration Clerk a copy of
the transcript to be charged as a cost of the arbitration pursuant to 11.3.16.
Upon notice to the parties, the panel chairperson may authorize corrections to
the transcript which involve matters of substance.
B. The transcripts of testimony, including
transcripts of depositions introduced as evidence, and any pleadings motions,
stipulations, exhibits, briefs, and rulings by the panel, shall be filed with
the Arbitration Clerk and, except for the correspondence section of the docket,
shall constitute the exclusive record for decision. If, however, a panel ruling
or decision rests on official notice of a material fact not appearing in
evidence in the record, the parties are entitled, on timely request, to an
opportunity to show the contrary.
11.3.15. Arbitration Briefs and Decision.
A. The panel chairperson shall fix the time
for filing briefs by the parties following the conclusion of the taking of
evidence in the Arbitration Proceeding, and, if permitted, reply briefs. The
briefs may contain proposed findings of fact and conclusions of law.
B. The Arbitration Panel shall render its
decision within 30 days after the expiration of the time for filing briefs as
fixed pursuant to paragraph A. of this subsection.
C. The decision of the Arbitration Panel
shall be in writing and contain a statement of the rationale, including
findings of fact and conclusions of law, upon which it is based. It shall be
filed promptly with the Arbitration Clerk who shall serve it promptly on the
parties.
D. The decision of the
Arbitration Panel is final and binding on the parties except as provided in
paragraph E. of this subsection.
E.
The decision of the Arbitration Panel is the final agency action on the matters
adjudicated by it and is subject to appeal and review as such pursuant to
Chapter 7, Title V, United States Code.
F. The decision of the Arbitration Panel is a
matter of public record and will be published in the Federal Register by the
Secretary through the Arbitration Clerk.
11.3.16. Costs of Arbitration.
The Secretary will pay the reasonable costs of Arbitration Proceedings
hereunder which may include:
A. The
salaries of panel members not to exceed that of GS-18 if they are not otherwise
employed by the State or Federal governments.
B. Travel expenses and per diem costs for
panel members, if not otherwise paid for from Federal funds.
C. The costs of the services of the official
reporter and the official transcripts under contract with the Arbitration
Clerk, not to exceed the reasonable costs for such services in the locality in
which performed and furnished.
D.
Travel expenses and per diem costs for witnesses unavailable at the locality of
the Arbitration Proceeding and whose testimony is deemed reasonably necessary
by one of the parties and approved by the arbitration chairperson.
E. If the blind vendor is unable to obtain
the services of counsel without cost either through a local or State legal
services program, or through an interested association or organization,
reasonable fees for legal services not to exceed $100 per day and required
travel expenses without written approval of the Arbitration Clerk.
VENDOR OPERATING PROCEDURES MANUAL
APPENDIX A
FORMS AND INSTRUCTIONS
Set-Aside Schedule
1. A
uniform set-aside charge of 13% will be levied against the net proceeds of each
licensed vendor. This charge will be made against the net proceeds for each
four-week period. However, if a vendor's net profit is less than $470.00 in a
four week period, no Set-Aside charge will be levied for that period. Effective
January 4, 2002, the set-aside charge will change to 11 %.
2. The fair minimum guarantee to all
operators is $400.00 per four-week period.
3. If the set-aside schedule produces more
revenue than is required to meet expenditures from set-aside funds during the
next year, there will be a pro rata distribution of excess funds or a reduction
in the set-aside charge for the ensuing year, at the election of the Committee
of Licensed Blind Vendors.
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Leave Form
Refer to Leave Policies in Section 6.
This form will be completed by the Vending Facility Program Specialist
when the vendor reports payroll and non-essential leave. The specialist will
turn the form in to bookkeeping with the payroll form. The leave will then be
entered on the vendor's leave record and a copy mailed to the vendor. A leave
printout will be mailed to the vendor quarterly, unless the vendor requests a
printout sooner.
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Weekly Sales Report
Complete the dates, beginning and ending, for which the report is
submitted.
Name - Name of the Vendor who is submitting the report and the Number
of the location.
1.
Cash
Beginning of Day - Record the amount of cash at the beginning of
each day. On Friday, the amount recorded should be the amount of petty cash.
The amount recorded Monday through Thursday should be equal to item 5. (cash at
end of day) for the previous day.
2.
Supplies/Operating
Expense - Record the amount spent for supplies/operating expense
during the day. This amount should agree with the total cash paid-out receipts
for supplies/operating expense for the day. Supplies/operating expenses are
those items such as cups, lids, bowls, straws, napkins, stir sticks, cleaning
supplies, postage, janitorial services, telephone calls, etc., which are not
directly sold to customers.
3.
Total Purchase of Stock - Record the total amount
spent for stock for resale. This amount should agree with cash paid-out
receipts for stock for the day.
4.
Total Cash Paid Out - Add items 2, and 3.
5.
Cash At End Of
Day - Count the cash at the end of the day and record this amount
in item 5.
6.
Sales -
Add items 4 and 5 and subtract item 1. This is the amount of sales
for the day.
Total for the Week
1. Do not total item 1.
2. Add item 2 across and record the total
under Total for the Week.
3. Add
item 3 across and record the total under Total for the Week.
4. Add item 4 across and record the total
under Total for the Week.
5.
Deposit - The amount recorded for deposit should be
equal to the amount of cash at the end of the day on Thursday less the amount
of petty cash (the amount recorded in item 1 for the previous
Friday).
6. Add item 6 across and
record the total under Total for the Week. This amount should be equal to the
sum of items 4 and 5.
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Four Week Report Purpose of Form
The Four Week Report is calculated from the 4 Weekly Sales Reports
which are completed by the vendor. The accuracy of the Four Week Report depends
on the accuracy of the Weekly Sales Reports and the accuracy with which
extra-help is reported. Completion of Form
1.
Vendor - Enter
name of vendor.
2.
VFP# - Enter number assigned to stand
location.
3. Period - Enter name of
city of the stand.
4. Specialist -
Enter the name of the specialist.
5. Dates - Enter the dates of the time
covered by the report.
6. Vending
Machine Deposit - The amount of vending machine commission received during the
period.
7. Total Sales - The totals
of item 6 on the Weekly Sales Report for the period (4 weeks) plus any other
income other than sales that accrues to the location through the program -
e.g., income from vending machines, etc.
8. Total Stock Purchases - The total of item
3 on the four Weekly Sales Reports. All receipts for purchases of stock during
the four week period are shown here.
9. Gross Profit - Total Sales minus Total
Purchases of Stock.
10. Gross
Profit % - Gross Profit divided by Total Sales.
11. Gross % Before Vending - This is the
percentage that policy 4.2.18 uses.
12. Operating Expenses - The total of item 2
on the Weekly Sales Report.
13.
Vendor's Deposit - The amount remaining after the costs for Supplies and
Operating Expenses are deducted from Gross Profit.
14. Extra Help - Total amount charged to
compensate essential extra-help that has been employed during the period. The
gross amount shown on the books as charged to a particular vendor or location
and is based on documentation of essential extra-help submitted by the Vending
Facility Program Specialist.
15.
FICA Matching - The employer's (vendor's) matching contribution for Social
Security on an extra-help employee's wages.
16. Rent - The amount agreed to that is paid
to the lessor of a location. The rent is paid by the VFP office and charged
back to the appropriate location.
17. Liability Insurance/Workers Comp. -
Liability insurance and/or Worker's Compensation Insurance amounts paid by the
VFP office and charged back to the location.
18. State Unemployment Insurance - The amount
of the premium(s) that is paid for a particular location. This amount is paid
by the VFP office and charged back to the location.
19. Total - The sum of (13) Extra Help, (14)
FICA Matching, (15) Rent, (16) Liability Insurance/Worker's Comp., and (17)
State Unemployment Insurance.
20.
Income Before Set-Aside Contribution - The amount remaining after deducting all
operating expenses from gross profits.
21. Set-Aside Contribution - The amount
derived when applying the set-aside formula to the income before the set-aside
contribution.
22. Net Profit - The
percentage of sales and dollar amount after set-aside contribution has been
deducted.
23. (Loss) Brought
Forward - This figure is the losses from previous periods for the location
(losses are indicated by minus amounts).
24. Net Profit This Period - The sum of
Profit or (Loss) this Period and Profit for (Loss) Brought Forward.
25. Draw Paid - The amount guaranteed under
the fair minimum return provision for the number of days worked during the
period.
26. Commission/(Loss) This
Period - The net profits minus the drawing account.
27. Commission Paid This Period - That
portion of commissions to be paid to the vendor for the period covered by this
report.
28. Total (Loss) Carried
Forward - The accumulative loss for the year. Routing of Form: Original -
Bookkeeping Copy - Vendor Copy - Specialist
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Inventory - VFP-5 This form is completed by the Vending Facility
Specialist when a vendor is assigned or leaves a facility or may be done at the
discretion of the Vending Facility Program. Copies of each original inventory
sheet should be made and distributed as follows:
1 copy to Bookkeeping Section
1 copy for Office file
1 copy to be returned to the vendor The original copy of the inventory
sheet will be signed by the vendor. All items of merchandise must be
inventoried to determine the amount on hand. The description should include the
item's name, size (if applicable) and count (per normal purchase unit or actual
count). The Unit Wholesale Price should be the amount that the vendor paid per
normal purchase unit. The Total Value should be the number of items or purchase
units times the value per item or purchase unit. The information provided on
this form determines the vendor's inventory gain or loss (if any) while
operating the enterprise. If a facility is closed after an inventory is taken,
the remaining inventory may be disbursed as follows:
1. Returned to supplier for check or money
order.
2. Sold to other facilities
that can either have the merchandise added to their initial inventory or pay
for it.
3. Sold to customers.
All funds and inventory adjustments are to be forwarded to bookkeeping.
All outdated and spoiled merchandise will be disposed of and an accurate count
of disposed merchandise given to bookkeeping. All merchandise of a closed
location must be depleted and accounted for.
Merchandise which is out of date, spoiled, or which cannot be sold
according to public health regulations will not be counted on the inventory of
the outgoing or incoming vendor.
Inventories should be recorded so that the amount listed in the "Units
on Hand" column multiplied by the "Unit Wholesale Price" column equals the
"Total Value".
When the "Units on Hand" do not equal an exact "Unit Wholesale Price",
the "Units on
Hand" should be listed as a fraction. See example below:
|
Units on Hand
|
Description
|
Unit Wholesale Price
|
Total Value
|
|
5/20 Wrigley Gum
|
$1.90
|
.48
|
|
The proceeding is the proper way to list an item that comes in a box of
20 at a price of $1.90 per box when there are only 5 of 20 items on
hand.
If there were 30 items when a box of 20 had a price of $1.90 per box,
the "Units on Hand" column should be shown as follows:
|
Units on Hand
|
Description
|
Unit Wholesale Price
|
Total Value
|
|
30/20
|
Wrigley Gum
|
$1.90
|
$2.85
|
or could be shown:
|
Units on Hand
|
Description
|
Unit Wholesale Price
|
Total Value
|
|
1 10/20
|
Wrigley Gum
|
$1.90
|
$2.85
|
Routing of Forms: Bookkeeping Vendor Specialist
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Employee Time Sheet VFP-1
The extra-help payroll is calculated by the Accounting Department and
produced each two weeks. The extra-help payroll schedule dates are covered on
the payroll schedule you receive yearly. It is necessary that all information
on extra-help employees be received by the Accounting Department no later than
the Monday of the week following the close of the two week period. The VFP-1
form must be completed for each extra-help employee for each two week period or
any portion thereof that is worked. The VFP-1 form will be completed by the
Vending Facility Program Specialist from information supplied by the vendor.
Instructions for completing the VFP-1 are as follows:
FRONT SIDE
Name of Employee - Extra-help employee's name
- must be completed.
VFP Manager's Name - Must be completed.
Location Number - Number of the location where
employee was employed. If employee worked in more than one location during the
two weeks, a form must be completed for each location with applicable time
shown for each location.
Rate of Pay - Enter agreed upon rate of pay.
Must be completed.
Payroll Dates - Enter payroll dates, beginning
and ending.
Rate changed, check here - Must be checked if
changed.
SA, SP - Check which payroll the extra help is
to be paid from - must be completed. SP-
302 - Check sick, vacation or agency business for payroll.
Day Worked Section - Enter regular and overtime hours worked for each
day of the pay period.
Total Hours - Total number of hours for regular and overtime.
Comments - When leave is checked, include explanation here. Also, any
instructions or comments affecting the payroll including pay rate
changes.
VFP Specialist - Signature of Vending Facility Program
Specialist.
Date - Date form is completed.
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Receipt for Petty Cash - VFP-28
This form will be used each time the Petty Cash at a location is
changed and when a location is inventoried. Should the location be operated by
an extra help employee, the extra help employee will sign the form on the same
line as the VFP vendor.
The VFP Specialist will fill out the VFP-28, have the vendor/extra help
sign the form and leave a copy of the VFP-28 with the vendor/extra help. The
original VFP-28 will be returned to bookkeeping to be filed in the initial
inventory file.
When a vendor is inventoried out of a location, a copy of the VFP-28
will be attached to the copy of the inventory sent to the vendor.
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Retirement Contributions Schedule
|
Years of Service
|
Amount of Contribution
|
|
5
|
$ 200.00
|
|
6
|
$ 225.00
|
|
7
|
$ 250.00
|
|
8
|
$ 275.00
|
|
9
|
$ 300.00
|
|
10
|
$ 325.00
|
|
11
|
$ 350.00
|
|
12
|
$ 375.00
|
|
13
|
$ 400.00
|
|
14
|
$ 425.00
|
|
15
|
$ 450.00
|
|
16
|
$ 475.00
|
|
17
|
$ 500.00
|
|
18
|
$ 525.00
|
|
19
|
$ 550.00
|
|
20
|
$ 575.00
|
|
21
|
$ 600.00
|
|
22
|
$ 625.00
|
|
23
|
$ 650.00
|
|
24
|
$ 675.00
|
|
25
|
$ 700.00
|
|
26
|
$ 725.00
|
|
27
|
$ 750.00
|
|
28
|
$ 775.00
|
|
29
|
$ 800.00
|
|
30
|
$ 825.00
|
|
31
|
$ 850.00
|
|
32
|
$ 875.00
|
|
33
|
$ 900.00
|
|
34
|
$ 925.00
|
|
35
|
$ 950.00
|
|
36
|
$ 975.00
|
|
37
|
$1,000.00
|
|
38
|
$1,025.00
|
|
39
|
$1,050.00
|
|
40
|
$1,075.00
|
|
41
|
$1,100.00
|
|
42
|
$1,125.00
|
|
43
|
$1,150.00
|
|
44
|
$1,175.00
|
|
45
|
$1,200.00
|
|
46
|
$1,225.00
|
