LLINOIS DIVISIONOF REHABILITATION SERVICES

 

BUREAU OF CUSTOMER AND COMMUNITY BLIND SERVICES

 

BUSINESS ENTERPRISE PROGRAM FOR THE BLIND

 

POLICIES AND PROCEDURES MANUAL

UPDATED 2025

 

Illinois Business Enterprise Program for the Blind

Policies and Procedures Manual

Table of Contents

1.0     Program Overview

1.1     Introduction

1.2     General

 

2.0     Illinois Committee of Blind Vendors

2.1     Duties and Organization

2.2     Active Participation Protocol

 

3.0     Entry Into the Program

3.1     Requirements for Entry Into BEPB

3.2     Training and Retraining

3.3     Waiver of Entry-Level Training Requirements

 

4.0     Assignment to Vending Facilities

4.1     Bidding Process

4.2     Selection Process for Vending Facility Assignments

4.3     Business Income Opportunities

 

5.0     Continuing Education

5.1     Training Requirements

 

6.0     Accounting Procedures

6.1     Accounting General

6.2     Centralized Accounting

6.3     Reporting and Payment of Set Aside Fee

 

7.0     Vendor Conduct

7.1     Vendor Code of Conduct

7.2     Relationship with Building Management

7.3     Disciplinary Action

 

8.0     Establishing New Facilities

8.1     Criteria for Establishing New Vending Facilities

8.2     Vendor Secured Locations

 

9.0     Operational Considerations

9.1     Initial Inventory and Other Supports

9.2     Vending Facility Equipment

9.3     Maintenance and Repair

9.4     Use of Teaming Partners

 

10.0    Management Services

10.1    Role of the Business Consultant

 

11.0    Interstate Rest Areas

11.1    Self-Insurance Program

 

Attachment A          Operating Agreement

Attachment B          Service Agreement

Attachment C          Vendor Code of Conduct

 

 

Illinois Business Enterprise Program for the Blind

Policies and Procedures Manual

 

SECTION 1

PROGRAM OVERVIEW

 

POLICY 1.1:

INTRODUCTION

POLICY STATEMENT

 

It is the policy of the Illinois Business Enterprise for the Blind to ensure that all program participants understand the program rules and their individual responsibilities.  The BEPB and Illinois Committee of Blind Vendors believe this is best achieved through the development of a detailed Policies and Procedures Manual.

 

PROCEDURE

 

1. Purpose and Scope of Manual

 

The primary purpose of this Manual is to provide policies, procedures and related information to Vendors who manage facilities under the Illinois Business Enterprise Program for the Blind (BEPB).  This Manual also provides procedural guidance to all BEPB staff. Each Section of this Manual was developed with the active participation of the Illinois Committee of Blind Vendors (ICBV).  The Manual and the BEPB rules have been approved by the U.S. Rehabilitation Services Administration.

 

Definitions found at 20 ILCS 2421/5, Section 650.10 of the BEPB Rules and Regulations, and 34 C.F.R. 395.1 are incorporated by reference into this Manual.

 

The provisions in this Manual are to be applied uniformly to all program participants.

 

Procedures and forms utilized by BEPB staff in the performance of their duties are maintained in a separate procedural document, entitled the BEPB Administrative Procedures Manual.

 

1. Organization, Distribution, and Updating of Manual

 

This Manual consists of individual policies that provide greater detail on the responsibilities of the BEPB and Blind Vendors and what is required to comply with the program rules and regulations.  The Manual is authorized by Section 650.20(a)(9) of the BEPB rules and regulations.

 

An updated print or digital copy of the BEPB Policies and Procedures Manual is to be maintained by the Blind Vendor. The Manual will be

distributed to all Blind Vendors and individuals on the Certified for Placement List in a manner that allows documentation of receipt. The Manual will be made available in print and/or in a digital format.   Requests for the Manual in an accessible format may be submitted to the BEPB Office.

 

BEPB staff are also required to maintain a complete and updated copy of the BEPB Policies and Procedures Manual.

 

Policies and procedures set forth in this Manual will be updated as necessary with the active participation of the Illinois Committee of Blind Vendors.  The new policy must be signed by the Chief of the Bureau of Customer and Community Blind Services and shall indicate an effective date.

 

Revisions to any policy will be distributed to all Blind Vendors and individuals on the Certified for Placement List in the same manner as outlined above.  The new policy will be inserted into the individual’s Manual and the old policy removed.

 

It will be the responsibility of the Agency to provide training to all Blind Vendors and individuals on the Certified for Placement List to ensure they understand their rights and responsibilities.

 

Any policy change that is not simply procedural in nature will require the approval of the U.S. Rehabilitation Services Administration.  This will include any policy that places new responsibilities on the Blind Vendors.

 

DOCUMENTATION

 

The Bureau and Committee will jointly decide the best method for distributing the new Manual and/or updates.  If mailed, it will be sent with delivery confirmation.  If hand-delivered, the recipient will be asked to sign an acknowledgement of receipt.  If emailed, a copy of the email will be retained to show proof that it was sent and addressed correctly.

 

EXCEPTIONS

 

N/A

 

 

 

Illinois Business Enterprise Program for the Blind

Policies and Procedures Manual

 

SECTION 1

PROGRAM OVERVIEW

 

POLICY NUMBER BEP 1.2

GENERAL STRUCTURE

 

POLICY STATEMENT

 

It is the policy of the Illinois Business Enterprises for the Blind to have clearly identified goals for the Program and to create a structure that allows the achievement of these goals in an efficient manner.

 

PROCEDURE

 

1. Goals of the Business Enterprise Program for the Blind

 

The Illinois Business Enterprise Program for the Blind (BEPB) operates under the auspices of 20 U.S.C. 107 et Seq known as the Randolph-Sheppard Act and 20 ILCS 2421 known as the Blind Vendors Act.  It provides business opportunities for individuals who are legally blind to manage vending facilities, including automated vending machines, micro markets, gift shops, convenience stores, snack bars, cafeterias, food trucks, and other retail operations.

 

The primary goal of the BEPB is to provide the highest level of entrepreneurial opportunities that allow individuals who are legally blind to maximize their vocational potential.  This is accomplished by:

 

1. Developing vending facilities throughout the state on federal and non-federal properties including private properties;
2. Training individuals who are legally blind to manage these facilities;
3. Providing management services that include supervision and quality control for all BEP vending facilities;
4. Providing advice and support to blind vendors in management of facilities, improvement of operations, and increasing profitability, and assuring that vendors are in compliance with all program requirements.

1. General Structure of the BEPB

 

The Illinois Department of Human Services (DHS) is the State Licensing Agency (SLA) and is responsible for administering the Illinois Business Enterprise Program for the Blind (BEPB) in accordance with all applicable state and federal laws and rules and regulations.  Organizationally, the BEPB is in the Bureau of Customer and Community Blind Services which is part of the Division of Rehabilitation Services.  The BEPB Administrator reports directly to the Chief of the Bureau.  BEPB Business Consultants play an important role in the Agency’s administration of the Program.  Consultants are assigned to specific vending facilities and provide necessary management services and ensure that all facilities have equipment that is in good repair and sufficient to meet the needs of the customers.

 

The Illinois Committee of Blind Vendors (ICBV) plays a vital role in the administration of the program by its active participation in all major administrative and policy development decisions affecting the overall operation of the BEPB.  This includes participating in the development of rules and regulations and the establishment of policies and procedures which assure compliance with those rules and regulations. Additionally, the Committee is afforded the opportunity to actively participate in such decisions as budgeting, establishing a set aside rate for all Vendors, training, decisions on when to contract for services, decisions to open and close facilities, decisions as to the assignment of Vendors to facilities, and any other major decision affecting the overall program.  The Committee is also a key player in all strategic planning for the BEPB and helping to chart a course for the future of the Program.

 

1. Program Model

In order to achieve the purpose of the Randolph-Sheppard Act and Blind Vendors Act of Illinois and to uphold its established values, the BEPP utilizes a franchise-like model. This model consists of the following:

1. The BEPB secures vending facility locations, enters into agreements with property management officials for their operation, provides the necessary preparations of the space to accommodate a vending facility, provides all necessary equipment and initial stock and supplies sufficient to get the business up and running by a blind individual.
2. Private individuals who are blind (Licensed Blind Vendors) own and independently operate these businesses. These individuals are not employees of the State of Illinois. Through their business, the Blind Vendors operate vending facilities located on federally owned or leased properties as well as non-federal properties (state and private) within established guidelines contained in the program rules and this Policies and Procedures Manual.   Blind Vendors may choose to operate as sole proprietors or may incorporate. The Blind Vendors are free to make decisions within these constraints and are accountable for the consequences of those decisions. Such decisions include but are not limited to:

 

1. Creating a menu or determining what products to sell;
2. Establishing pricing;
3. Creating marketing and promotional strategies;
4. Determining necessary staffing levels;
5. Making hiring decisions on new employees; and,
6. Firing and/or disciplining employees when necessary.

Under this model, the net proceeds represent the income to the Blind Vendor and decisions made by the Vendor impact that profit.

3. Licensed Blind Vendors in the BEPB and individuals on the Certified for Placement List are awarded vending facilities pursuant to a formal, competitive selection process, which is described in Section 4.2 of this Policies and Procedures Manual.
4. Unlike most franchises, the SLA provides the necessary equipment and initial inventory for the vending facility and will maintain or cause to be maintained all vending facility equipment. Additionally, the SLA shall provide other supports during the first six months of an individual’s assignment provided that the expenditures are necessary, reasonable, and allowable.
5. Similar to a franchise, the business owners / Blind Vendors contribute a certain percentage of their net proceeds to a revolving fund in the way of a set aside assessment which is used in accordance with 34 C.F.R. 395.9 to maintain and build the program and to benefit blind business owners.
6. The SLA has overall responsibility to ensure the quality of service offered by each business owner (Licensed Blind Vendor). The state must ensure that the BEPB is operated within the constraints of the law and regulations and provide management services as defined at 34 C.F.R. 395.1(j)

 

1. Guiding Principles and Values

The BEPB and Committee have determined that the Program, including its Licensed Blind Vendors, operates most effectively when acting in accordance with the following guiding core values:

1. Truth, honesty, and respect in all interactions involving the Agency staff and/or program participants
2. High expectations that believe in the abilities of blind people to be self-reliant, independent, and successful businesspeople.
3. High standards and accountability in terms of the work performance and ethical conduct of all BEPB Vendors and staff.
4. Comprehensive training for all prospective and current Vendors and staff in the Illinois Business Enterprise Program for the Blind.
5. The individuality and diversity of blind people and Business Enterprise Program for the Blind staff.
6. The customers of the vending facilities as demonstrated by a commitment to always provide positive customer experiences.
7. Creativity and innovation that are intended to encourage all program participants and staff to think “outside of the box” when it comes to
8. Collaboration between the Agency and Illinois Committee of Blind Vendors and transparency in the administration of the Illinois Business Enterprise
9. Determination and a “Get It Done” mentality amongst all Program participants and
10. Constructive communication throughout the Illinois Business Enterprise Program for the Blind.

 

1. Policy of Nondiscrimination

 

The Agency and program participants shall ensure that in all aspects of administering the Program that they do not discriminate on the basis of sex, marital status, sexual orientation including gender related identity, order of protection status, age, physical or mental impairment, creed, race, color, religion, national origin, ancestry, political affiliation, conviction record, military status, unfavorable discharge from military service, or any other classes protected by applicable federal, state, and local laws related to discrimination including 775 ILCS 5 referred to as the Illinois Human Rights

Act.

 

DOCUMENTATION

 

N/A

 

EXCEPTIONS 

 

N/A

 

Illinois Business Enterprise Program for the Blind

Policies and Procedures Manual

 

SECTION 2

ILLINOIS COMMITTEE OF BLIND VENDORS

 

POLICY NUMBER 2.1

DUTIES AND ORGANIZATION

 

POLICY STATEMENT:

 

It is the policy of the Business Enterprise Program for the Blind that the Illinois Committee of Blind Vendors is a true partner and shall actively participate in all major administrative decisions affecting the overall operation of the Program.  Congress created the Committee to actively participate with the State Licensing Agency in the administration of the state Business Enterprise Program.  The Illinois Committee of Blind Vendors (ICBV) in Illinois is organized as a not-for-profit entity.

 

As defined at 650-10(b), active participation means:

 

“an ongoing process of negotiations between the Agency and the Committee of Blind Vendors to achieve joint planning and approval of program policies, standards and procedures affecting the overall operation of the vending facilities program, prior to their implementation by the Agency. It is understood that the Agency bears final authority and responsibility for the administration and operation of the vending facilities program, including the assurance of continuing, active participation by the Committee.”

 

Section 2.2 of this Policies and Procedures Manual describes how and when this active participation will occur.

 

PROCEDURE

 

1. Duties of the Committee

 

Pursuant to 34 C.F.R. 395.14, the responsibilities of the ICBV are as follows:

 

1. Actively participate with DHS-DRS in major administrative decisions and policy and program development decisions affecting the overall administration of the State’s vending facility program;
2. Receive and transmit to DHS-DRS grievances at the request of blind Vendors and serve as advocates for those Vendors in connection with the grievances;
3. Actively participate with DHS-DRS in the development and administration of a State system for the transfer and promotion of blind Vendors;
4. Actively participate with DHS-DRS in the development of training and retraining programs for blind Vendors; and
5. Sponsor, with the assistance of DHS-DRS, meetings and instructional conferences for blind Vendors within the State.

 

Included in the above are strategic planning, proposing policy changes to BEPB administrative staff, reviewing and making recommendations regarding the BEPB

Operations Budget, communicating key program information to

Vendors, actively participating with BEPB administrative staff to

determine set-a-side charges, and establishing a budget for the

ICBV which is approved by the BEPB Administrator.

 

1. By-Laws

 

The ICBV has established Bylaws which define the purposes and responsibilities of the ICBV. Modifications to these Bylaws require at least a two/thirds affirmative vote of all votes cast by licensed Vendors in the program. Written, proposed modifications must be provided to all licensed Vendors at least thirty calendar days before the vote is taken. Amendments to these Bylaws may be proposed by the ICBV or by petition of at least twenty (20) Licensed Vendors.

 

1. Composition of the ICBV

 

The Illinois Committee of Blind Vendors (ICBV) is composed

of representative Blind Vendors who are licensed by the Illinois Business

Enterprise Program for the Blind and are currently inventoried into

a BEPB vending facility.

 

Eleven (11) elected Vendors provide geographic representation for all Vendors.  Members are elected to represent either the Chicago six-county metropolitan areas or the balance of the State of Illinois. Representation of Vendors is in

proportion to the geographic distribution of Illinois vending facilities. Based on

the current size of the ICBV membership and the current geographic distribution of Vendors, 4 ICBV members must be elected from the Chicago six-county metropolitan areas and 4 from the rest of the state in addition to one at-large member.  Vendors are elected to two-year terms pursuant to a formal election process which is described below.

 

1. Summary of the ICBV Election Process

 

ICBV members are elected to two-year terms pursuant to an

annual election process and in compliance with ICBV Bylaws.  A summary of key requirements associated with the election process follows.

 

In order to solicit nominations for an upcoming ICBV election, the BEPB shall send a nomination form out to all Blind Vendors in an accessible format.  An accompanying letter will explain the form and provide directions for its completion and return.   The form will indicate the names of people who are already on the Committee with a place to write in other nominations.

 

1. Nomination Requirements

 

Any licensed Vendor who is inventoried into a BEPB vending facility is eligible to be nominated for the ICBV Chair, Vice-Chair, or standing ICBV positions. Upon receipt of the nomination form from BEPB, Vendors must submit nomination forms to the BEPB Administrator if they wish to nominate eligible Vendors and/or to submit self-nominations. The form must be submitted in writing.  The nomination must clearly indicate the type of position for which the Vendor is being nominated.  A Vendor should ask the individual they wish to nominate if they are willing to accept prior to submitting their names for nomination.  To be considered, nomination forms must be received at least fifteen (15) working days prior to the election date.

 

1. Election Committee Responsibilities

 

The Election Committee is established by the current ICBV Chair and the BEPB Administrator.  This Committee shall include a chair who must be currently on the ICBV and approved by the ICBV as well as 4 Vendors appointed by the ICBV Chair.    In even numbered years, the Election Committee should consist of a Chair and 4 other members all from the downstate geographic area (Chicago Elections). In odd number years, the Election Credential committee should consist of a Chair, and 4 additional members, all from the upstate geographic area (Downstate Elections). The SLA’s Director of Personnel and Training shall also serve on this Committee.

 

The Election Committee is responsible for:

 

1. Receiving all nomination forms submitted to the BEPB Administrator;
2. Reviewing BEPB decisions on the eligibility of nominated Vendors;
3. Assigning nominated Vendors to the appropriate geographic areas based on facility location;
4. Slating nominated Vendors who have expressed an interest in serving on the ICBV;
5. Providing the results of the slating to the BEPB Administrator for ballot preparation at least five days prior to the election.

 

1. BEPB Administrative Staff Responsibilities

 

The BEPB is responsible for:

 

1. Preparing all ballots for the election;
2. Assuring that only eligible Vendors are allowed to vote.
3. Notifying all nominees who are unqualified;
4. Arranging for reasonable accommodation which might include hiring an individual outside the BEPB program to assist Vendors who require

assistance with voting.

 

These activities are to be coordinated by the BEPB Administrator.

 

1. Time and Place for Elections

 

Elections shall be conducted in-person during an annual meeting for all Vendors.  Exceptions can be made to the in-person voting if unique circumstances make it impossible to meet in-person and the ICBV votes to do so.

 

1. Election Results

 

Only after every nominee on a specific ballot is provided an opportunity to address all Vendors, one nominee is elected by secret ballot to the ICBV.  Individuals are elected by:

 

1. Receiving more than 50 percent of the votes cast for candidates on the ballot;

or,

2. If no candidate on the ballot receives more than 50 percent

of the votes cast, by receiving between 25 percent and 50 percent

of the votes, and subsequently receives more than 50 percent      of the votes on the next ballot. (If fewer than two Vendors received between 25 percent

and 50 percent of the votes, the top three remaining vote getters are carried

to the next ballot.

 

In alternate years, the ICBV Chair and Vice-Chair are elected prior to the election of other ICBV members.  Four other members are elected in odd-numbered years and five members are elected in even-numbered years. A separate election is held for each position. One at large member, who may be from either part of the state, 4 representatives from the Chicago six-county area, and the Committee Chair are elected in even numbered years and the 4 representatives from the other part of the state and the Vice Chair are elected in odd numbered years.

 

1. ICBV Committee and Subcommittee Structure

 

1. ICBV Officers – A Chair and Vice-Chair are elected to serve

two-year terms as officers of the ICBV. Specific responsibilities

assigned to each office are provided in the ICBV Bylaws. After the formal election process is completed, the newly elected ICBV elects a Secretary from among its standing members. The ICBV votes on this position annually. Specific responsibilities assigned to the Secretary are described in ICBV Bylaws.

 

2. ICBV Subcommittee Structure. The ICBV has eight standing

subcommittees which advise and make recommendations to the ICBV.

When necessary, the ICBV may also create additional special

subcommittees and work groups. In general, the ICBV elects from the

members of the committee a Chair for each of these subcommittees.

Each chair is responsible for appointing Vendors to subcommittee

membership for one-year terms, subject to ICBV approval. Each

subcommittee must also include a Department representative as a

non-voting member appointed by the BEPB Administrator.

 

Subcommittees include:

 

1. The Training Committee assists BEPB administrative staff in

structuring a comprehensive, quality training program to certify

individuals for the program

1. The Transfer/Promotion Committee (T & P) assists in

the development of the procedures used to select Vendors for Illinois

vending facilities and to review all bid announcements before they are sent out.

1. The Budget Committee prepares and proposes an annual ICBV

budget to the ICBV and to the BEPB Administrator for approval.

1. The Program and Policy Development Committee (PPDC) reviews

major program policy recommendations from BEPB administrative

staff, develops new policies to propose to the ICBV for approval,

and develops major policy statements.

1. The Elections/Credentials Committee oversees the

credentials of Licensed Blind Vendors and fulfills duties required

for the election process as described in Section 2.1F above.

1. The Facility Development Committee works with BEPB

administrative staff on facility openings, closings and expansions.

1. The Technical Services and Equipment Committee monitors the

preventive maintenance program, researches new and innovative

equipment, and works with BEPB administrative staff to prioritize

disbursement of equipment for replacement and expansion.

1. The Fringe Benefits Committee oversees and administers

fringe benefits as directed by the licensed Vendors who are

determined by this committee to be eligible to receive fringe

benefits.

 

1. Censure, Recall, and Resignation of ICBV Members

 

An ICBV member will automatically be removed from the

position as a result of missing two consecutive, scheduled ICBV

meetings or four total, scheduled ICBV meetings during the two-year

term.

 

To recall an ICBV member, a petition including written

signatures of at least 20 percent of licensed Vendors must be

submitted to the BEPB Administrator. Upon receipt of the petition,

the BEPB Administrator must convene a special meeting of Vendors to

determine whether the ICBV member will be recalled.

 

When an ICBV member resigns or is removed, the ICBV Chair

must, with ICBV approval, appoint another qualified Vendor to fill

the vacancy until the next annual election.

 

1. Meeting Requirements

 

1. All ICBV meetings will be conducted in accordance with Robert’s Rules of Order to the extent practicable. All ICBV members, Vendors, BEPB administrative staff, and other visitors attending ICBV meetings are required to follow these rules.

 

2. The ICBV convenes meetings throughout the year. A quorum

consists of at least six ICBV members, with a majority vote

of those present required to take action. Action may also be taken pursuant to

written and unanimous consent by all ICBV members.

 

3. A post-election ICBV meeting is held immediately following

the election at the annual meeting.

 

4. At least four regular ICBV meetings are held each calendar year. All ICBV members must be provided with written notice and an agenda for each meeting at least fifteen calendar days prior to the meeting date.

 

5. The ICBV Chair or any four other ICBV members may call a

special meeting. Any verbal notice of the meeting must be given at

least two days before the meeting date. If written notice is given,

it must be mailed at least ten days before the meeting date.

Special meetings may be held by telephone conference call.

 

6. The ICBV may convene meetings which all licensed

Vendors may attend and are given voting privileges. For these

meetings, written notice is required at least fifteen calendar days

in advance of each meeting date. An annual meeting is attended by all Vendors to elect ICBV members.

 

Special meetings may be held and attended by all Vendors to

address specific issues.  For meetings attended by all Vendors, a 20 percent attendance rate constitutes a quorum, with a majority vote of those attending required to take action.

 

1. Travel

 

The BEPB reimburses ICBV members for reasonable

travel expenses incurred to attend ICBV meetings. The Department

will also reimburse all licensees and individuals on the Certified for Placement List for reasonable travel expenses incurred to attend the annual meeting. All travel expenses must be incurred in compliance with the State Travel Rules to

qualify for reimbursement.

 

1. Staffing

 

Pursuant to Section 20 ILCS 2421/45(b), the ICBV is empowered to hire staff, to hire consultants which include, but are not limited to legal counsel, to set agendas and to call meetings, to create a constitution and bylaws, subcommittees, and budgets, and to address any other item or action a not-for-profit organization might do through the use of the Blind Vendors Trust Fund.  It should be noted that when retaining legal counsel, Trust Fund dollars cannot be used to pay an attorney to represent ICBV in litigation against the Agency.

 

DOCUMENTATION

 

It is the responsibility of the BEPB to document all aspects of the election as specifically required by this policy including verifying eligibility of those nominated, preparing ballots, and documenting results. The ICBV must document proper slating of candidates.

 

EXCEPTIONS

 

N/A

 

Illinois Business Enterprise Program for the Blind

Policies and Procedures Manual

 

SECTION 2

ILLINOIS COMMITTEE OF BLIND VENDORS

 

POLICY NUMBER BEP 2.2

ACTIVE PARTICIPATION PROTOCOL

 

POLICY STATEMENT

 

The Illinois BEPB subscribes to the belief that it was the intent of Congress that Blind Vendors have a major voice on how the state vending facility programs are to be administered. It created the Committee of Blind Vendors to serve as that voice. In promulgating the rules in 1976, the then Department of Health, Education, and Welfare stated that the Committee was to “effectively and constructively participate in arriving at significant decisions.

 

Department of Education regulations require the active participation of the Committee but fail to define the term. In 2021, the Department’s Rehabilitation Services Administration (RSA) issued Technical Assistance Circular 21-01 to provide greater guidance to State Licensing Agencies (SLA) on its obligations regarding active participation.

 

34 C.F.R. 395.14(b)(1) requires the State Committee to actively participate with the State licensing agency in major administrative decisions and policy and program development decisions affecting the overall administration of the State’s vending facility program.  This protocol will outline specifics on how the Illinois Committee of Blind Vendors (ICBV) will fulfill these requirements in Illinois in a way that complies with the Act, the regulations, and the above referenced TAC.

 

PROCEDURE

 

1. Common Understanding of the Term

 

The SLA and ICBV share a common understanding of what active participation means.  The BEPB has adopted the definition used today in many state rules:

 

Active Participation is an ongoing process of negotiations between the state licensing agency and the Committee to achieve joint planning and approval of program policies, standards and procedures affecting the overall operation of the vending facilities program, prior to their implementation by the Agency. The implementation of agreed-upon policies, standards and procedures affecting the overall operation of the vending facilities program, shall be subject to review by the Committee. It is understood that the Agency bears final authority and responsibility for the administration and operation of the vending facilities program, including the assurance of continuing, active participation with the Committee.

 

1. Foundation for Active Participation

 

This protocol is based on the following core principles:

1. Blind Vendors have a lot to offer in the way of experience and knowledge and their opinions are valued.
2. The SLA has been charged with the responsibility of administering the BEP and has an expertise on how the channels of state government work.
3. Active participation is a process of joint decision-making requiring transparency, the sharing of information and good faith negotiations.
4. The relationship between the SLA and Committee is unique and requires hard work by both sides to create an environment of trust that fosters teamwork in the administration of the Business Enterprise Program.

The Committee is not simply advisory.  Active participation means more than merely an opportunity to provide input or feedback.

 

1. Rules of Engagement

 

The SLA staff and individual Committee members must conduct themselves in a professional manner to promote the process of joint decision making. To this end, they must embrace these Rules of Engagement in all interactions with each other:

1. Respect – Participants will always be respectful of each other.
2. Honesty – Participants will be truthful and communicate in an honest manner.
3. Non Personal – There will be no personal attacks or blaming one another as the focus must be on the issue.
4. Constructive – All comments will be constructive and presented in a way as to stimulate dialogue rather than stymie it.
5. Focused – Comments will be focused on the topic being discussed.
6. Future Centric – The Past is the Past. Discussions should not be derailed by raising things that are ancient history. Conversations should be focused on today and moving forward.
7. Transparency – Openness will be emphasized and there will be no attempt to act in secrecy, hide actions, or pursue hidden agendas.
8. Confidentiality – If confidential matters about an individual are discussed, the matter will not be discussed with others not present at the meeting unless otherwise authorized to do so.

The BEPB Administrator and ICBV Chair shall have the responsibility and authority to ensure compliance with these rules of engagement including asking someone to leave a meeting.  Individuals who persistently fail to comply with these rules of engagement may be barred from future meetings for a period of time as determined by the Committee or BEPB Administrator, whichever is appropriate.  Misconduct which is determined to be serious enough may be addressed as a violation of the Code of Conduct.

1. Major Administrative Decisions

Examples of major administrative decisions include but are not limited to:

1. Program Rules and Policies;
2. Program Budget;
3. Establishment of a Set Aside and Use of Said Funds;
4. Development or Revision of an Operating Agreement;
5. Development of a strategic plan for the BEPB;
6. Method and Extent of the Provision of Management Services;
7. Decision whether or not to Utilize a Nominee Agency;
8. Decisions regarding Contract for Services;
9. Decisions Related to the Opening and Closing of Vending Facilities; and,
10. Decisions related to benefits to be presented for approval by the Vendor body.
11. The Decision-Making Process

 

The process may vary depending upon the decision being made. For example, new rules and regulations could require multiple discussions over a period of several days, weeks, or months. Whereas a decision regarding the potential closing of an existing vending facility may only require a short telephone conference. In either case, the process is fundamentally the same.

1. Either the SLA or Committee submits an issue for consideration. This may be done in writing, via email, or verbally depending upon the issue and the circumstances. To the extent practicable, issues requiring active participation should be submitted electronically or in writing in an accessible format at least five days in advance of any meeting. This is not always possible and is not a prerequisite for a decision being made if both parties agree that there was ample time to review the matter and make an informed decision.
2. The party submitting the idea for consideration must explain the reason a decision must be made and share all pertinent information about the issue. There must be ample time to consider the information, so it isn’t always practical to decide right away. Neither party will attempt to impose arbitrary time limits for when discussions must conclude and/or a decision must be made.
3. If necessary and time permits, the SLA and Committee may conduct independent research or may work jointly to research an area requiring a decision.
4. When sufficient information is available, the SLA and Committee will discuss the issue and sometimes debate the matter. Good faith negotiations and give-and-take occur and continue until consensus can be achieved. Consensus may require multiple meetings and negotiations.

The Committee from time to time may pass a motion to convey its position, recommendations, or ideas. A motion itself does not constitute active participation. The motion generally instigates the active participation. When the Committee passes a motion and presents it to the Agency, there should then be dialogue including good faith negotiations.  Trying to find middle ground is crucial in the process of active participation.

 

What happens when consensus cannot be achieved? It depends upon the issue and its urgency. If the action is time sensitive and requires agency action and all efforts to achieve a consensus have failed, the SLA will make the final decision and will so advise the Committee of the decision in writing and the reasons supporting the decision. Token discussion or a request for feedback does not justify the SLA moving forward with a decision. The Agency will not send notice of an issue and then give the Committee a set amount of time to offer feedback or input.  The notice may indicate the urgency of a decision and suggest or request times for a meeting to have discussions.

 

If a decision is not time sensitive, then the two sides should continue to engage in dialogue unless both parties agree further discussions would be fruitless.

 

At times, the active participation requirement may conflict with other state laws and/or regulations.  The SLA must comply with all collective bargaining agreements as well as state and federal laws regardless of the active participation requirement. An example might be contracting.  The decisions as to whether or not to contract for a service is a major administrative decision affecting the overall operation of the Program and requires the active participation of the Committee.  The Committee should be engaged by the Agency when developing the scope of work for a contract to the extent permitted by state procurement requirements.  However, state contracting laws are very strict and the Committee may be barred from participating in the actual selection process as to whom the contract is to be awarded.  At all times, however, the goal is to engage the Committee to the greatest extent feasible.

 

1. Use of Subcommittees

 

20 ILCS 2421/45(b) specifically authorizes the ICBV to utilize subcommittees when carrying out its obligations and responsibilities.  Subcommittees appointed by the ICBV Chair are an effective tool to facilitate its obligation of active participation.  A subcommittee can do the detailed work and bring its findings / recommendations back to the full Committee.  It also is a means to enhance communication between the Agency and Committee.  The best example of a subcommittee would be establishing a subcommittee to negotiate new rules.  The members of the subcommittee would meet with the Agency representatives and negotiate new rules.  This may include a complete, new rule package or a change to one rule / policy.  Once the rules have been negotiated, the subcommittee brings them back to the full Committee.  The full Committee may vote to approve and/or offer suggested changes.  Only suggested changes approved by the full Committee will be considered.  The Agency may choose to accept the additional suggestions, offer alternatives, or reject them and proceed with the package negotiated with the subcommittee.  The Agency will only reject the suggested changes after exhausting good faith negotiations.

 

One special note about rules and/or policies.  Prior to implementation, the rules and/or policies must be approved by RSA, which requires that documentation be provided showing that the Committee actively participated in their development.  The easiest way to do this is for the Agency to attach a copy of an email from the Committee Chair stating that the Committee actively participated.  In writing such an email, the Chair is not necessarily saying the Committee agrees to all the rules.  It is simply saying it was afforded the opportunity to engage in good faith negotiations.  Ideally, the Chair would confirm agreement.

 

One definite advantage to the use of subcommittees is improved information sharing.  The BEBP Administrator knows with whom they should talk about specific matters.  They can initiate discussions with the Subcommittee Chair and then the full subcommittee before taking an issue to the full ICBV.  It is the responsibility of the subcommittee chair to keep their subcommittee informed and ultimately the full Committee.

 

Unless explicitly authorized by the full Committee to do so, a subcommittee cannot act on behalf of the full Committee in making major administrative decisions affecting the overall operation of the Business Enterprise Program.  The subcommittee only facilitates the process.

 

1. Reports and information

 

34 C.F.R. 395.12 requires the Agency to provide the Vendors with data and information related to the Business Enterprise Program.  Such information shall be provided in an accessible format.  The Agency and Committee may determine what data and information is needed.  At a minimum, the Agency shall provide the Committee a quarterly report that includes:

 

• Current budgetary information (YTD income by source and expenditures by category);
• Aggregate sales and profits of all Vendors;
• A review of all surveys of potential vending facility sites conducted by the SLA during that time period;
• A report on number of clients who are in entry-level training and/or recently completed the training;
• Any program updates including progress on previous action items.

 

Additionally, the Agency is required by this same regulation to provide an annual report.  This will be accomplished by providing all members of the Committee a copy of the RSA-15.  At the quarterly meeting immediately following the submission of the RSA-15, the Agency shall review and explain the numbers to the Committee and answer any questions.

 

1. Committee/ SLA Meetings

 

The Agency and Committee shall meet in person at least quarterly or at intervals prescribed by Committee by-laws and at other times as required by circumstances.  The Chair of the Committee may call special meetings as they believe necessary.   The Rules of Engagement noted earlier will be always adhered to by both Agency and Committee representatives in attendance.

 

It is important to note that this is a meeting of the Committee of Blind Vendors.  The Chair of the Committee sets the agenda and calls the meeting to order.  Meetings shall be conducted, to the extent practicable, in accordance with Robert’s Rules of Order.  The Agency will arrange for training on Roberts Rules of Order for the Committee if necessary.

 

All meetings should be recorded, and minutes shall be taken and retained.  Minutes serve as one form of documentation of the Committee’s active participation.  Minutes may be as extensive or as minimal as the Committee may choose; however, they must include a list of attendees, all votes taken, and any action items arising from the meeting.  Attached to the minutes shall be any official documents provided by the Agency at the meeting such as a budget report.

 

Upon request of the Committee, the Agency shall provide clerical support for the minutes which may include an Agency staff person or outside person.  The minutes shall be distributed electronically to all Committee members who will be responsible for sharing with Vendors in their respective districts once they are approved.  Reading and approval of the minutes shall be the first agenda item at any meeting.  Any member may move to dispense with the reading of the minutes and recommend approval of the minutes as previously sent out or the Chair may ask for unanimous consent to approve the minutes.   Upon a motion or request for unanimous consent, the Chair or Secretary must ask if there are any corrections.  Corrections shall be taken up one at a time.

 

As noted earlier, the Agency will present a Report that adequately informs the members of the Committee of all relevant program activities.  The Agency shall respond to questions that members of the Committee may have.

 

These meetings represent the best opportunity for active participation.  Ideas and recommendations are presented for discussion.  The parties will adhere to the decision-making process described above.

 

1. Matters That Arise Between Quarterly Meetings

 

Communication is critical throughout the entire process and issues do not always conveniently arise to coincide with Committee meetings.  The BEBP Administrator or their Designee has an obligation to keep the Committee informed between meetings if major issues develop.  The Committee Chair is the primary point of contact for the BEPB Administrator or their Designee.  They should communicate frequently.  Regularly scheduled weekly or biweekly calls between the Administrator and Chair is one option.  The Chair does not have the authority to act on behalf of the full Committee unless expressly agreed to by the full Committee.  The Chair has an obligation to keep the full Committee informed of discussions with the Administrator or their Designee.  As noted earlier, communicating with the Chair of a subcommittee is also an effective way to facilitate active participation, as are conference calls with subcommittees when the need arises.  Contacting the Committee Chair and discussing an issue does not fulfill the Agency’s obligation to afford active participation in all major decisions.

 

There may be circumstances where the Committee does actively participate electronically but this should be very limited.  An example might be the annual budget.  Conversations may have occurred after which additional information becomes available.   For example, the Agency may have received updated figures, and additional dollars are being projected for the next year’s budget.  The Agency may communicate that information via email and ask the Committee if it wants to add the additional funds to a specific category.  Assuming the Committee has been engaged all along in budget decisions, the Committee may choose to reply via email.  However, if the Committee wishes to have conversations, the Agency should accommodate such a request.

 

1. Final Authority

 

It is understood that the Agency bears final responsibility and authority for the administration of the Business Enterprise Program for the Blind including ensuring active participation by the Committee in all major decisions affecting the overall program.  This means the Agency bears final responsibility for implementing these major administrative decisions.  The Agency and Committee jointly make the major administrative decisions (not withstanding various required approvals), and it is the responsibility of the Agency to implement them in a fair and uniform manner.  The Agency and Committee develop the framework for the Program by creating policy, a budget, etc. and then it is the responsibility of the Agency to administer the Program in accordance with that framework.

 

It is the Committee’s responsibility to ensure that the SLA complies with the agreed upon policies and procedures. The SLA will keep the Committee up to date on the implementation of decisions made pursuant to active participation.

 

1. Confidentiality

 

The Committee is only entitled to confidential information to the extent it is necessary to perform its duties.  The SLA is not allowed to share health information about vendors or personal problems being experienced by a Vendor.  A Vendor’s personal file that includes information such as medical information, notes from confidential conversations, and disciplinary actions, are private.  Information about Vendor profits may only be shared if the information is required for the Committee to make an informed decision.  For example, if the Agency wishes to close a facility due to poor profits, the Committee may need to know the level of profit to actively participate in that decision in a meaningful way.  If an individual is a Vocational Rehabilitation client, their VR case files are confidential.

 

DOCUMENTATION

 

Active participation must be documented.  There will be records of all meetings where active participation occurred, and decisions should be confirmed in writing or electronically in an accessible format.  This includes minutes of all Committee meetings.  Active participation may occur to a limited extent and be documented through email.   Generally speaking, email can be used to initiate a matter requiring active participation and may be used to document discussions and the final decision.  However, actual conversations, either in-person or virtually, are generally required to ensure the Committee participates in an “effective and constructive” manner.

 

The BEPB shall document:

 

1. That nomination forms were sent to all Vendors;
2. That all nominees are eligible;
3. Receipt of all nomination forms; and,
4. Election results.

 

The ICBV shall be responsible for meeting minutes.

 

EXCEPTIONS

 

Exceptions for in-person voting can be waived if unique circumstances make it impossible to conduct elections in-person.  The BEPB Administrator and ICBV will work jointly to develop a suitable alternative voting method.

 

 

Illinois Business Enterprise for the Blind

Policies and Procedures Manual

 

SECTION 3

ENTRY INTO THE PROGRAM

 

POLICY NUMBER BEPB 3.1

PRE-REQUISITE REQUIREMENT FOR ENTRY INTO BEPB

 

 

POLICY STATEMENT

 

It is the policy of the Illinois Business Enterprise for the Blind that only individuals with pre-requisite skills that suggest a reasonable chance of success shall be admitted into the training program.  BEPB operates on the belief that special skills are required to be a successful businessperson.  The Agency has set the bar high because, consistent with its values, it places high expectations on blind people who own and operate businesses within the Program.

PROCEDURE

The Vocational Rehabilitation Counselor shall document that only individuals who are legally blind, U.S. citizens, at least 18 years of age, and possess a high school diploma or GED are referred to the Business Enterprise Program for the Blind.  The VR Counselor shall secure a background check and credit check on all candidates before referral to BEPB.  Information gathered from these checks will not be used to determine eligibility for BEPB but will be used as tools for counseling the individual.  For example, if an individual has a felony conviction that will prevent them from clearing a background check, the individual will have to be counseled that opportunities may be limited.  Likewise, if a credit check reveals issues, the VR Counselor may want to arrange for training in money management.

 

All potential candidates shall be evaluated as part of their Vocational Rehabilitation program to determine if they possess the necessary pre-requisite skills and are able to perform all the essential functions of a BEPB Operator.

1. Minimum Criteria

The following are required of all individuals entering the BEPB training program in Illinois:

1. A high school diploma or GED;
2. Ability to take and readily retrieve own notes (such as during a business meeting). This could include the use of pen/paper, Braille, laptop computer, tablet, or another note-taking device. Note taking limited to the use of a tape or digital voice recorder would not be sufficient to meet this requirement.
3. Documented basic math, reading, and English aptitude equivalent to the 8^th grade level;
4. Ability to utilize a calculator to perform basic math functions including addition, subtraction, multiplication, division, decimals, fractions, and percentages;
5. Demonstrated computer skills that document:
6. Keyboarding skills of at least 30 words per minute with chosen assistive technology;
7. Basic computer skills in Word, Excel, Internet access, and email and skills necessary to complete the Chicago Lighthouse on-line entry-level training modules;
8. A demonstrated ability to communicate in writing including writing, proofing, editing, and printing business letters and emails;
9. Demonstrated ability to live independently including but not limited to the ability to:
10. Travel independently, including public transportation, both in the daylight and dark (using a white cane, guide dog, or technology device is acceptable);
11. Take care of personal needs such as dressing, grooming (including hair, nails, and clean clothes), and maintain personal hygiene;
12. Cook and prepare their own meals at home; and,
13. Clean their domicile.

 

2. Policy of Nondiscrimination
3. As the State Licensing Agency, the Agency ensures that no candidate for Entry-Level Training shall be denied admission based upon sex, marital status, sexual orientation including gender related identity, order of protection status, age, physical or mental impairment, creed, race, color, religion, national origin, ancestry, political affiliation, conviction record, military status, unfavorable discharge from military service, or any other classes protected by applicable federal, state, and local laws related to discrimination including 775 ILCS 5 referred to as the Illinois Human Rights Act.

 

DOCUMENTATION

 

The Vocational Rehabilitation Counselor shall document in the case file that the individual being referred to BEPB meets the qualifications outlined in this policy.  The results of the background and credit checks shall also be documented in the VR case file.  The Screening Committee shall review this documentation to ensure compliance.

 

EXCEPTIONS

 

Pursuant to Section 650-60(c) of the BEPB rules, the Program Administrator may grant a waiver to all, or portions of the training requirements contained in this policy if the individual possesses experience that suggests they can be successful in the BEPB without the aforementioned training.

 

Illinois Business Enterprise Program for the Blind

Policies and Procedures Manual

 

SECTION 3

ENTRY INTO THE PROGRAM

 

POLICY NUMBER BEPB 3.2

TRAINING AND RETRAINING

 

POLICY STATEMENT

 

The Illinois Business Enterprise Program for the Blind believes that in order to ensure that all program participants are afforded the opportunity to be successful and to maximize their vocational potential, the Agency must provide a comprehensive training program.  This includes training of new candidates as well as existing Licensed Blind Vendors and Individuals on the Certified for Placement List.  DHS-DRS will ensure that effective programs of vocational and other training services, including personal and vocational adjustment, books, tools, and other training materials, will be provided to blind individuals as VR services under the Rehabilitation Act of 1973 (Pub. L. 93-112), as amended.

 

PROCEDURE

1. Initial Entry-Level Training

The Agency, with the active participation of the ICBV, shall develop a training program for potential Licensed Blind Vendors. Such training shall be offered at least once annually.  Training may be provided in a classroom setting, on-line, or a combination of the two. The curriculum shall be comprehensive enough to ensure that individuals who complete the training are qualified to manage a vending facility and have a reasonable chance of success.  Training shall include instruction on the Program’s 650 rules as well as this Policies and Procedures Manual.  At a minimum, the formal training shall include modules on the following:

1. The Randolph-Sheppard Act and accompanying federal regulations,
2. Vending Management,
3. Café Operations,
4. Business Management Systems,
5. Sales Methodology and Strategies
6. Human Resources Management
7. Cost Management,
8. Customer Service,
9. Business Processes, and,
10. Health and Sanitation.
11. On-Site Training

Pursuant to 34 CFR.395.11, the entry-level training shall include an onsite training component.  Onsite training shall be provided at an existing vending facility operated by a Licensed Blind Vendor.  The Trainee may be eligible as a VR customer to be paid and/or receive other supports from the VR Counselor in accordance with an Individualized Plan for Employment.

1. Post-Employment Training

Pursuant to 34 CFR 395.11, the Agency shall make post-employment services available to the individual.  Once placed into a vending facility, additional Vocational Rehabilitation services may be required prior to the VR case being closed. The Vocational Rehabilitation Counselor, after collaborating with the BEPB Administrator, will make such services available to maximize the chances of the individual’s success.  If additional VR services are required after the case is closed, the individual may reapply for VR services.

1. Annual Training

The Committee, with the assistance of the Agency, shall plan an annual training conference.  The training shall be mandatory for all Licensed Blind Vendors and individuals on the Certified for Placement List.  The Director of Personnel and Training may grant exceptions to individuals who are unable to attend for documented medical reasons or other hardships.  Such an exception does not relieve the individual of the requirements of Subsection (f) below.

1. Retraining

Retraining of Vendors, or remedial training, may be necessary to address performance issues and other circumstances.  This training may include retaking portions of the entry-level training or may be customized to address the specific situation.

Retraining is mandatory when:

1. Included in a corrective action plan as a remedy for a disciplinary action against a Vendor’s license and/or poor performance by the Vendor;
2. An individual is in their first six-month performance probationary period and additional training is required;
3. If a facility changes or expands to include food service areas in which a vendor is not certified; and, or,
4. A Vendor has been inactive, meaning they have not been inventoried into a vending facility for at least 3 years.

Retraining is optional if:

1. Equipment is placed in the facility with which the Vendor has had no training or experience;
2. The Business Consultant suggests training not directly related to performance issues; or,
3. Training is offered to all Blind Vendors outside of the Annual Training Conference.

If a Vendor requests retraining, the Agency will determine the need and extent of training to be provided based on a review of their Business Consultant’s observation reports, the Vendor’s annual evaluation and available training resources.

 

1. Facility Status During Retraining
   1. A Vendor who is mandated to take retraining or remedial training, must satisfactorily complete the training within the prescribed timeframes. If they are required to complete the entire entry-level training course, they must meet the same standards of completion as all other students in initial training in order to retain operation of their vending facility.  A Vendor who fails to meet the standards may be subjected to additional sanctions against their license up to and including termination.
   2. If retraining is provided to a Vendor under this section, the Vendor will retain their right to the assigned facility during, and upon successful completion of, retraining;
   3. If during retraining the Blind Vendor must be away from their vending facility and incur costs associated with additional staffing needs, such additional costs may be paid by DHS-DRS only if provided as a vocational rehabilitation service under and Individualized Plan for Employment.

DOCUMENTATION

The Director of Personnel and Training shall document all training and test results for candidates in entry-level training.

If retraining is mandatory, the Agency shall document the reasons and identify specifically the areas of deficiency to be addressed.

EXCEPTIONS

See Section 3.3 for waivers to entry-level training.

 

 

Illinois Business Enterprise Program for the Blind

Policies and Procedures Manual

 

SECTION 3

ENTRY INTO THE PROGRAM

 

POLICY NUMBER BEPB 3.3

WAIVER OF ENTRY-LEVEL TRAINING REQUIREMENTS

 

POLICY STATEMENT

It is the policy of the Illinois Business Enterprise Program for the Blind to recognize the unique knowledge, skills, and experiences of individuals who are interested in the BEPB. The Agency believes that individuals who have been licensed in other states to operate vending facilities may not require the same level of training as those without similar backgrounds.  In such instances, less training may be required before placing the individual on the Certified for Placement List.

 

PROCEDURE

At its discretion, the Screening Committee may recommend to the Program Administrator that a waiver be granted to individuals who meet any of the following criteria:

1. Previously licensed in Illinois and left in good standing either voluntarily or for medical reasons;
2. Previously licensed and successfully managed a vending facility in another state and left that state in good standing;

To be considered in “good standing,” the individual must not have left their previous assignment owing the Program any money and must not have been on any corrective action plan or had their license in disciplinary status at the time of departure. The Screening Committee will be responsible for documenting Vendor’s good standing before they are allowed into training or considered for a waiver.

The Program Administrator shall make the final determination on whether or not to grant a waiver.

The Screening Committee shall arrange for training on Illinois’s requirements as well as any other areas in which there may be a deficiency.  Training may include, but not be limited to the BEPB rules, this Policies and Procedures Manual, state and local health codes, and Illinois tax laws.

If there are areas where the Screening Committee feels additional training is needed, it may recommend to the Administrator that the candidate complete any such additional prescribed training.

 

Candidates seeking licensure through a waiver do not have to be Vocational Rehabilitation clients if the Screening Committee feels there is adequate information to suggest the candidate meets the prerequisites for entry into the Program.  They may meet the licensing requirements independently of a VR Counselor.  The individual should be counseled on the advantages of receiving VR services.   If the individual elects not to apply for VR services, they will be responsible for the costs associated with the licensing process, including paying for ServSafe training and for testing.  The Program will not be able to provide other supports traditionally provided by a VR Counselor such as being oriented to the site by an Orientation and Mobility Specialist or help with Assistive Technology needs.  Once placed on the Certified for Placement List, the individual is entitled to all supports provided by BEPB to other individuals as management services.

 

Documentation

The candidate must request in writing to be considered for a waiver.  Such a request may be in an email or via a letter delivered to the Director of Personnel & Training.  The candidate shall attach a resume with the written request.  Such a request shall include contact information for the previous state (if applicable) and at least 3 references.  Additionally, the candidate shall provide documentation of successful completion of the Chicago Lighthouse’s BEPBLT (if applicable) as well as any other certifications or degrees earned.  The candidate must provide documentation of ServSafe certification that they possess at the time or by virtue of training after having applied.

The Screening Committee may request additional information to decide as to whether or not to waive the training.

The Program Administrator shall document the results of inquiries into whether Vendors left previous assignments in good standing.  Candidates shall be required to sign a release of information for the previous state to release information.   Refusal to sign a release will result in training not being waived.  If the previous state refuses to release the needed information and the Program Administrator is not satisfied that there is adequate documentation upon which to base a decision, the request for a waiver may be denied.

 

Exceptions

There may be instances where extenuating circumstances contributed to a previously licensed blind vendor from another program leaving their state not in good standing. If,

after researching the circumstances, the Administrator and Screening Committee feel the individual is qualified and can be successful as a Vendor in Illinois, the Program Administrator may still waive all or a portion of the training after affording the Committee of Blind Vendors the opportunity for active participation regarding whether or not to grant a waiver.

 

 

Illinois Business Enterprise Program for the Blind

Policies and Procedures Manual

 

SECTION 4

ASSIGNMENT TO VENDING FACILITIES

 

POLICY NUMBER BEP 4.1

BIDDING PROCESS

 

POLICY STATEMENT 

The Agency is committed to providing a fair and equitable process for making assignments to vacant vending facilities. Each Licensed Blind Vendor in good standing and individuals on the Certified for Placement List will be afforded the opportunity to be considered for any vacant vending facility through what is referred to herein as the bidding process.  It is controlled by Section 4.1 of the Illinois Business Enterprise Rules and Regulations.

 

PROCEDURE

1. Eligibility to Bid

When new vending facilities are established and/or existing facilities become vacant, all current Licensed Blind Vendors and those individuals on the Certified for Placement List are eligible to compete for those assignments through a bidding process. Individuals can submit a bid provided:

 

1. Their license is not in probationary status;
2. They are not delinquent in the filing of any report required by the State of Illinois;
3. They have no bad debt owed to the State of Illinois including past due set aside assessments;
4. They have not been determined ineligible in accordance with Section 4.3D(3) of this Manual by virtue of not filing reports and/or paying set-aside fees twice within a six-month period;
5. There are no known bad debts with any wholesalers, suppliers, or any other facility related debts.

Additionally, an individual who has been assigned to their initial vending facility and has not completed their full six (6) month performance probation, may not bid.

1. Vacancy Announcement

All Licensed Blind Vendors and individuals on the Certified for Placement List shall be notified of any vacant vending facilities via a bid announcement.  The bid announcement shall be prepared by the Business Consultant assigned to the vending facility in question.  This draft shall be submitted to the Director of Training and Personnel for review and modification if necessary.  The Director of Personnel and Training shall share a copy of the proposed announcement with the Transfer and Promotions Committee for review and approval.

The bid announcement shall include the following:

1. The location of the vending facility including all sites;
2. Description of the vending facility;
3. Estimated number of prospective patrons to the extent the information can be obtained;
4. Projected number of employees needed to efficiently operate the facility;
5. Whether or not the operation requires a warehouse and/or an appropriate vehicle to transport product;
6. Operating hours of the facility;
7. A general idea of the items to be sold;
8. Projected net sales for the previous year and percentages for cost of goods, labor, and other operating expenses as well as the net proceeds for the facility;
9. A listing of the major pieces of equipment for each site;
10. Value of the inventory and working capital;
11. Whether or not passing a background check is required;
12. Specific training and/or certification that must have been completed;
13. Any additional pertinent information; and,
14. The bid closing date.

 

The vacancy announcement shall include a statement that the individual understands that by bidding on a vending facility they agree to the release of pertinent information about their past performance to the interview panel.

Regarding B (12) above, the Agency and Committee may jointly decide to require candidates for certain types of facilities to complete specialized training to be eligible to bid. Examples might include bidding on a military dining contract, micro market, inmate commissary, or franchise opportunities. The Agency shall ensure that every Blind Vendor and individual on the Certified for Placement List has been afforded the opportunity to attend such training before it is listed as a requirement on a bid announcement.

The announcement shall be sent electronically and/or via U.S. Mail in accordance with the individual’s previously stated preference. Any individual desiring the announcement in an alternative accessible format may request that the SLA send all such communications in the alternative format.

1. Submitting a Bid

If a Blind Vendor or individual on the Certified for Placement List wishes to bid on the vending facility, they will send the bid application, attach a short business plan for the vending facility, and may choose to submit a separate self-analysis/resume highlighting accomplishments, skills, and knowledge.  The above shall be returned to the address indicated on or before the closing date. Bids may be returned using surface mail, email, or hand delivery. As each bid is received, it will be dated, and the time of receipt will be noted. Any bids received after the closing date will not be considered. Bids will remain open for a minimum of fifteen (15) working days. The Director of Personnel and Training, after affording the Transfer and Promotions Committee the opportunity to actively participate, may extend this time period if unique circumstances exist.   Such a unique circumstance may include the number of site visits that have to be coordinated with prospective bidders.  Following the bids closing, the Director of Personnel and Training will make a list of all bids received on or before the closing date. The list will indicate the date and time the bid was received and will be kept on file in the Director of Personnel and Training’s office. If technology permits and a management information system is available, this process may be automated, and the requirements of this section fulfilled via the management information system.

 

1. Business Plan

The purpose of these plans is to give the interview panel some insight into how the Vendor intends to manage the vending facility.  They are to be concise and should not exceed 2 pages.  It is incumbent upon the Agency to provide training to all Vendors on how to write a business plan that meets the requirements of this procedure.

Documentation

The Director of Personnel and Training is responsible for verifying the accuracy of information on the bid announcement.  The announcement shall remain on file in the facility folder.  They shall document the date and time bids are received and document that all bidders are eligible to bid. The Director of Personnel and Training will also maintain records of completion of any training required as a condition to bid.

 

Exceptions

None

 

 

 

Illinois Business Enterprise for the Blind

Policies and Procedures Manual

 

SECTION 4

ASSIGNMENT TO VENDING FACILITIES

 

POLICY NUMBER 4.2

SELECTION PROCESS FOR VENDING FACILITY ASSIGNMENTS

 

POLICY STATEMENT

 

The Business Enterprise Program for the Blind is committed to providing a fair and equitable process for making assignments to vacant vending facilities.  Permanent vending facility assignments shall be made based upon an individual’s record of performance as well as an interview with a selection panel.

 

PROCEDURE

 

1. The Selection Process

 

1. After the candidates have been determined eligible to bid, a selection panel shall interview each candidate. The panel shall consist of:

 

1. BEPB Director of Personnel & Training;
2. Director of Operations; and,
3. 3 Licensed Blind Vendors chosen by the Director of Personnel & Training from a list of recommendations provided by the Chair of the Committee.

 

If either the Director of Personnel & Training or the Director of Operations is unavailable or chooses not to participate on the selection panel, the BEPB Administrator shall serve or designate another BEPB staff person agreed to by the Chair of the ICBV. If no Vendor who is certified is available to serve on the panel, the BEPB Director of Personnel and Training shall have the discretion to appoint a panel member to serve in place of a Blind Vendor as agreed to by the Chair of the ICBV.

 

2. Any Vendor or BEPB staff person interested in serving as a panel member must complete a training program and be certified by the Agency as eligible to serve on the interview panel. The training shall be developed by the SLA with the active participation of the ICBV and shall include but shall not be limited to:
   1. The rules and policies that govern the interview and selection process;
   2. How to review individual Vendor records of performance (what do the numbers mean?);
   3. What constitutes a good business plan and how to review one;
   4. Appropriate interview techniques including what questions can and cannot be asked legally;
   5. Conflict of interest and matters related to confidentiality;
   6. The Program’s anti-discrimination policy as outlined in 650-30(a)(9) of the program rules and regulations and Section 1.1(E)of this Manual.

 

Prior to the actual interview, the interview panel shall meet to agree on the questions to be asked.  To ensure fairness, all candidates shall be asked the same questions.  This does not preclude a panel member from asking a follow-up question to clarify an interviewee’s response.

3. A family member or domestic partner of any individual interviewing for a vacancy may not serve on the panel nor shall any other individual who has some form of conflict and/or is in a position to potentially derive personal or financial benefit from the decision made.

 

4. If practical, interviews shall be conducted in Springfield or Chicago depending upon the location of the facility within fifteen (15) working days after the bid closing date. This timeline may be extended if the Director of Personnel and Training is unable to schedule site visits (if necessary) in time or other extenuating circumstances exist.  The Director of Personnel and Training shall communicate closely with the Chair of the ICBV regarding circumstances that might warrant a delay.  To the extent practicable, interviews will be conducted in person.

 

5. The panel shall rank the candidates based upon their record of performance for the preceding twelve (12) months, the interview, a review of the candidate’s application and optional self-analysis (if provided), the business plan, and any other documentation such as letters of reference submitted by the individual. All materials to be reviewed by the panel including the business plan, the optional self-analysis, and any letters of reference must be submitted to the Director of Personnel and Training no later than close of business on the last business day prior to the scheduled interview.  Materials not submitted timely will not be reviewed by the panel and will not be considered as part of the decision-making process unless the panel concludes that the late submission was due to circumstances beyond the control of the candidate.

 

For the purposes of this section, a Vendor’s record of performance shall include any oral warnings and/or probation notices issued to the Vendor during the prior twelve (12) month period.  In the case of a probation resulting from sexual misconduct and/or sexual harassment, any such probations during the past 5 years will be considered.

 

Upon conclusion of all interviews, panel members shall rank the candidates independently and not influence how other panel members vote.   Each panel member shall rank the candidates according to the following:

 

First Choice………………….10 Points

Second Choice……………..8 Points

Third Choice…………………6 Points

Fourth Choice……………….4 points

Fifth Choice………………….2 points

 

The ranking shall be done by ballot which will not identify the individual rater.  The Chairperson of the panel, who shall be the Director of Personnel and Training or their designee, shall collect the ballots and tabulate the ratings, which shall be verified by the other panel members. The BEPB shall provide reasonable accommodations to ensure panel members can fully participate in the process and to complete their ballots.

 

In performing the calculation for each candidate, the highest and lowest scores will be discarded, resulting in a maximum of thirty (30) points.  For example, if a Vendor receives ratings of 10,10, 8, 8, and 6, one of the 10’s and the 6 will be discarded and the individual will have a score of 26 out of a possible 30.

 

Upon request from an interviewee, they shall advise the candidates of their interview scores and comply fully with Illinois open records laws.

 

6. If only one individual bids on a vacant facility, that person must still go through the interview process. If, after considering the candidate’s record of performance, responses to interview questions, the business plan, and any other material voluntarily submitted by the individual, the panel feels the individual is not qualified or for whatever reason is not a good fit for the facility, the panel may elect to not award the facility.  The panel shall refer the matter to the Operations Committee which may choose to rebid the facility or allow a Blind Vendor to operate as a business income opportunity.

 

7. Record of Performance

 

For purposes of this section, record of performance shall include:

 

1. Gross profit, net profit, and labor percentages;
2. Number of times late filing monthly financial reports;
3. Number of times late paying set aside fees;
4. Number of disciplinary probations;
5. Number of documented complaints;
6. Any oral warnings; and,
7. Other areas as jointly agreed to by the Director of Personnel and Training and Committee.

 

The BEPB and ICBV shall develop a form to be used that includes the above information in a simple understandable format.  The Director of Personnel and Training shall complete the form for each individual interviewing and have it available at the time of the interview to be shared with all interview panel members.  If an individual serving on the panel requests in advance that the information be provided in an accessible format, the BEPB shall ensure compliance.

 

Upon request, the Agency shall provide a Vendor with their record of performance in advance, so they have an opportunity to question the accuracy of the information.  If there are verified deficiencies, the Vendor will be afforded an opportunity to explain them during the interview.

 

1. Awarding of the Facility

 

The individual with the highest score shall be awarded the vending facility.  In the event there is a tie, the individual with the highest score and greatest amount of seniority shall be awarded the facility.  In the event the tied candidates have the same seniority date, the individual who is not assigned to a vending facility shall be awarded the vending facility.  If both or neither are assigned as a Vendor to manage an existing vending facility, the panel shall vote on those tied using the same ranking system described above.  The successful candidate shall be immediately offered the award. The chosen candidate shall accept or reject the award within twenty-four (24) hours of being advised of the award. If the award is refused, the individual with the next highest ranking shall be offered the opportunity. If the candidate is scheduled for more than one interview as a result of their bids on a number of facilities contained in a single bid package, then the individual may wait until the conclusion of the last interview in which they participate to accept or reject the award of a facility.

 

It is understood that property management may impose additional selection criteria for Vendors on their properties. These may include, but are not limited to, background checks, special training, and random drug testing if such additional conditions are also required of other entities with whom property management contracts. If a Vendor who is awarded a facility fails to meet the additional selection criteria (e.g. fails a drug screening), the Vendor with the next highest score who meets the additional selection criteria will be awarded the facility.

 

1. To the extent practicable, Vendors shall be inventoried into their new vending facilities within forty-five (45) days of acceptance of the award. In the event a Licensee files a grievance challenging the award pursuant to Section 650-120(a)(5)(B) of the BEPB rules, the Vendor will not be inventoried into their new facility until the dissatisfied Licensee has been afforded an opportunity for a full evidentiary hearing or until the complaint is resolved otherwise, whichever comes first.

 

DOCUMENTATION

 

The Director of Personnel and Training shall be responsible for documenting the following:

 

1. The record of performance for each individual interviewing;
2. The seniority of each candidate in the event there is a tie; and,
3. The interview score based upon the ballots.

 

EXCEPTIONS

 

None

 

Illinois Business Enterprise Program for the Blind

Business Enterprise Policies and Procedures Manual

 

Section 4

ASSIGNMENT TO VENDING FACILITIES

 

POLICY NUMBER BEPB 4.3

Business Income Opportunities

 

 

POLICY STATEMENT

 

It is the policy of the Illinois Business Enterprise Program for the Blind that temporary assignments be made when necessary to preserve the locations for a future Blind Vendor.  Such assignments shall be in a manner that affords the best opportunity for continued success of the business.  Since temporary assignments are generally made only when there are unique circumstances and there may be operational or profitability concerns about the facility, the BEPB and ICBV believe that experienced Blind Vendors have the best chance to succeed in these situations and, therefore, will be considered first for any such assignments.  The authority to make temporary assignments should not be utilized in lieu of bidding out a vacant facility unless the Operations Committee determines that circumstances exist that lead the Committee members to believe that the vending facility is better suited as a Business Income Opportunity or otherwise assigned temporarily if a current Blind Vendor is not available to assume management of the business.

 

PROCEDURE:

 

1. Circumstances Under Which Temporary Assignments May Be Made

The Operations Committee may choose to make a temporary assignment when one of the following circumstances exists:

1. A vending facility becomes vacant, and the Operations Committee determines that sales do not meet the threshold to support a Blind Vendor and there is a desire to retain the location as a potential location for a future Blind Vendor;
2. There are known operational problems at a vending facility and the Operations Committee believes an experienced Blind Vendor may be able to stabilize the business and preserve it for a future Blind Vendor;
3. A vending facility is announced for bid, and no one bids on it, or the Operations Committee determines that the person who bid is not appropriate for a permanent assignment;
4. A new vending facility is opened, and the Operations Committee believes that a temporary assignment should be made in order to establish sales for a potential bid.

With respect to Subsection (3) above, if only one individual bids on a vacant vending facility through the standard bidding process, that person must still go through the selection process as outlined in Section 4.2 of this Policies and Procedures Manual.  If, in the opinion of the selection panel, it is determined that the individual is not a suitable candidate, the panel may choose to not make an award.  In such an instance, the Agency may rebid the vending facility or treat it as a Business Income Opportunity.  The candidate will be notified in writing of the decision and advised of their right to appeal the decision.

1. Process for Assigning Business Income Opportunities

If any of the circumstances above exist, the Operations Committee may designate a vending facility as a Business Income Opportunity.  These are temporary assignments that are available only to currently assigned Blind Vendors because the BEPB believes that an experienced Blind Vendor has the best chance of success and/or stabilizing the business.  The selected Blind Vendor shall operate this temporary assignment in addition to their permanent assignment.

The Agency shall send out a Business Income Opportunity Announcement to all Licensed Blind Vendors.  The Announcement shall include sufficient detail regarding the vending facility so that a Vendor can make an informed decision about their level of interest.  If interested in the opportunity, the Vendor may submit a proposal to be considered for the opportunity.  The proposals shall be in the format specified, and address the areas identified, in the Announcement.   The Operations Committee shall select the Vendor to whom the opportunity is to be awarded.  A Service Agreement shall be executed between the Blind Vendor and the Agency.  A Blind Vendor may be assigned more than one Business Income Opportunity but must sign a separate Service Agreement for each one.

Business Income Opportunities shall generally be for an initial 6-month period and may be reviewed monthly thereafter by the Operations Committee.  The assignment may be for longer than 6 months if warranted by unique circumstances such as the necessity for the Vendor to sign a 1-year lease on a storage building in the event such storage is required in order to service the account.

When reviewing a Business Income Opportunity assignment after the initial 6 months and/or subsequent reviews, the Operations Committee will determine what to do with the facility. The Operations committee may choose to:

1. Make no change and allow the current Vendor to continue to operate the site;
2. Bid out the site for a permanent assignment through the standard bidding process as outlined in Section 4.1 of this Policies and Procedures Manual;
3. Announce the facility as a Business Income Opportunity if the current Vendor has elected to relinquish the assignment;
4. Attach the facility permanently to the current Vendor’s assignment if it is determined that the vending facility will never be a stand-alone facility and/or there will be no opportunity in the future to use it to build a new route.

Vendors who operate vending facilities under a Service Agreement shall pay set aside on the net proceeds as they do on their permanent facilities.

1. Temporary Assignments Other Than Business Income Opportunities

In the event that no other Blind Vendor applies for a potential Business Income Opportunity and no currently assigned Blind Vendor is available to operate it under a Service Agreement, the Operations Committee, in an effort to preserve the opportunity for a blind person in the future, may offer the assignment on a temporary basis to a person who is not blind, including a third party commercial vending company.  This temporary assignment shall not exceed an initial period of 6 months unless the Operations Committee determines circumstances justify a longer commitment not to exceed twelve (12) months.  At the conclusion of the initial assignment period, the Operations Committee shall reevaluate and determine whether or not the vending facility shall be:

1. Announced for bid through the standard promotion process to all Blind Vendors and individuals on the Certified for Placement List;
2. Announce the facility as a potential Business Income Opportunity for current Blind Vendors;
3. Extend the agreement with the current third-party vendor;
4. Attach the facility and make it a permanent part of an existing vending facility in accordance with Section 8.1B of these Policies and Procedures; or,
5. Close the facility

Any vending facility on federal property which is operated by a private commercial vending company or sighted individual pursuant to this section is subject to the U.S. Rehabilitation Services Administration’s Technical Assistance Circular 21-02. In order to comply with the intent of this guidance, a non-licensee shall not operate a vending facility on federal property beyond two (2) years.  At the conclusion of that 2-year period, the BEPB must either assign the location to a Blind Licensee on a permanent or temporary basis or close the facility.  Under these circumstances, the assigned Blind Vendor may be allowed to use a third party to service the account if servicing the machines themselves is not practical.

1. Emergency Assignments

Unique circumstances may dictate that the Agency make an emergency assignment on a temporary basis without announcing the facility for bid either as a permanent assignment or Business Income Opportunity.  This may occur when:

1. A Blind Vendor resigns without notice;
2. The Agency is forced to remove a Blind Vendor on an emergency basis pursuant to Section 7.3 of this Manual;
3. The current Blind Vendor passes away;
4. No one bids on a vacant facility that has been announced as available through the standard bidding process; and/or,
5. Other unique circumstances.

In such instances, the Operations Committee may make a temporary assignment.  Such temporary assignments shall not exceed 6 months pursuant to Subsection C above.  This assignment shall be treated as a Business Income Opportunity.

 

If a Blind Vendor passes away, pursuant to 20 ILCS 2421/60(f), the surviving spouse may continue to operate the facility for a period of time not to exceed 6 months provided the surviving spouse is otherwise qualified by training or experience which may include having assisted the Blind Vendor in the management of the business.  The determination that a surviving spouse is capable of successfully managing the vending facility is the responsibility of the Operations Committee.

 

In the event of the establishment of a new vending facility, there may not be historical sales figures available upon which a bid can be based.  Under such circumstances, the facility may be awarded as a Business Income Opportunity until such time as sales can be established.

 

When considering such temporary assignments, preference shall be granted in the following order:

1. A Blind Vendor who is currently managing another vending facility;
2. Any other individual or company who can operate the vending facility.
3. Assignments to Individuals on the Certified for Placement List

Temporary assignments may be made to Individuals on the Certified for Placement List only if no currently inventoried in Blind Vendor is willing to accept an assignment as a Business Income Opportunity.  Under these circumstances, the Operations Committee must assess the vending facility operation to determine the likelihood of an inexperienced individual’s success. The Operations Committee must be convinced that the individual can be successful, and the Committee must vote unanimously to assign the vending facility to the Individual on the Certified for Placement List.

 

1. Support During the Initial Establishment Period

As permitted by the U.S. Rehabilitation Services Administration’s Technical Assistance Circular 24-03, a Vendor who accepts a Business Income Opportunity may receive supports including initial inventory and working capital during the 6- month establishment period, as for any other Vendor, provided such supports are reasonable, necessary, and allowable.

 

1. Permanent Attachments to Existing Vending Facilities

Nothing in this policy precludes the Operations Committee from attaching a vending facility to an existing vending facility on a permanent basis.  This may be done when:

 

• It is determined that the facility will never generate sales sufficient to support a Blind Vendor; and/or;
• The permanent attachment will boost sales of the primary vending facility so that it is more viable.

Permanent attachments may be made without announcing the opportunity for bid provided the attachment does not generate sales greater than 150% of the average sales for all Blind Vendors in Illinois.

 

DOCUMENTATION

 

The Agency shall maintain documentation supporting awards being made in accordance with this policy and shall ensure compliance.

 

EXCEPTIONS

 

Only as specified in the policy above.

 

 

Illinois Business Enterprise

Policies and Procedures Manual

 

 

SECTION 5

CONTINUING EDUCATION

 

POLICY NUMBER BEPB 5.1

CONTINUING EDUCATION REQUIREMENTS

 

 

POLICY STATEMENT

 

It is the policy of the Illinois BEPB that all Licensed Blind Vendors with active vending facility assignments and those individuals on the Certified for Placement List are required to obtain continuing education / upward mobility credits in order to maintain their licenses and eligibility to bid on vacant vending facilities.  The intent is to set the expectation for Licensees to update skills, gain new skills to assist them in qualifying for higher level facilities, and to improve and refresh their current knowledge and skills.

 

PROCEDURE

 

Each Licensee and individual on the Certified for Placement List is required to accrue twelve (12) training credits over a two-year period.  For this purpose, a year is a calendar year.

 

Training credits may be obtained in the following ways:

 

1. Annual Training Conference = 3 Points
2. Special training offered by the Agency on topics of importance = 2 Points
3. National Conferences Sponsored by Blind Randolph-Sheppard Consumer Groups (i.e. BLAST which is sponsored by the National Association of Blind Merchants) = 4 Points
4. National Conferences Sponsored by National Trade Organizations (i.e., National Automated Merchandising Association, National Restaurant Association, etc.) = 4 Points
5. Approved On-Line Training Modules Provided by the Chicago Lighthouse for the Blind = 2 Points
6. Other Approved On-Line Training Courses = 2 Points
7. Approved On-Line Webinars / Virtual Training = 1 Point
8. Business Related College Courses = 8 Points
9. Food Shows Sponsored by Suppliers = 1 Point
10. Leadership Training Sponsored by a vending / food service organization or National Blind Consumer Group = 4 Points
11. Other training as mutually agreed to by the Agency and Committee of Blind Vendors – Point Value to be Determined

 

If a Blind Licensee or individual on the Certified for Placement List fails to achieve the required points over the two-year period, the Program Administrator shall notify the individual in December and so advise the Vendor or individual on the Certified for Placement List.  The letter, which shall be provided in an accessible format, will afford the Vendor or individual on the Certified for Placement List an extra three months (March 31^st) in order to meet the requirements. If the individual fails to meet the minimum training requirements, the license for active Vendors to manage a vending facility will be terminated after first affording the individual an opportunity for an evidentiary hearing.  Individuals on the Certified for Placement List will have their names removed from the list and will no longer be eligible to compete for assignments.

 

It is incumbent upon the Agency to make enough training available or provide financial assistance that will enable the Vendor to fulfill these requirements.  In addition to the annual Vendors Meeting, the Agency shall provide at least one additional training on a relevant topic that is at least 3 hours in length, and which will enable the program participants to obtain the 2 points credit.  The Agency will also share information about outside training opportunities as such information becomes available and will recommend on-line training that can be completed in order to achieve the necessary credits.

 

DOCUMENTATION

 

Licensed Blind Vendors and persons on the Certified for Placement List must provide documentation of participation in any outside training not provided by the Agency.  Such documentation shall be provided to the Business Consultant at the time of completion.  The Consultant shall keep a record of points earned by each individual.

 

Any individual seeking an exception due to a medical hardship must provide to the Program Administrator documentation of said medical hardship sufficient to support the position that the individual could not obtain the necessary continuing education credits.

 

EXCEPTIONS

 

The Program Administrator may grant exceptions to the training requirement if a Blind Vendor or individual on the Certified for Placement List experiences a documented extended illness and/or a family member has such an extended illness that the individual cannot participate in training.  The illness would also have to preclude the individual from participating in on-line / virtual training.

 

 

Illinois Business Enterprise Program for the Blind

Policies and Procedures Manual

 

SECTION 6

ACCOUNTING PROCEDURES

 

POLICY NUMBER BEPB 6.1

ACCOUNTING GENERAL

 

 

POLICY STATEMENT

 

It is the policy of the BEPB that Vendors account for and report on all business activity at their assigned BEPB vending facilities.  This achieves two primary objectives:

1. To provide financial information to assist the Vendor in making sound business decisions for the facility; and,
2. To provide financial information to the Department on both the individual and combined financial performance of all program vending facilities.

 

PROCEDURE

 

1. Profit and Loss Statement – A monthly Profit and Loss

Statement is to be generated for every facility using the format prescribed by the Department as outlined in these Policies and Procedures.

When preparing monthly financial statements, all revenue, cost

of goods sold, and expenses are to be recorded on a cash basis,

which means at the time payment is actually received or paid. The

following are exceptions to this requirement:

 

1. Labor-related costs to the facility are to be accrued at

the end of the month if not paid by then, which means that labor

costs are reported as a liability (e.g., wages payable, payroll

taxes payable). The following month, when these labor-related costs

are paid, the liability is relieved.

 

2. Other costs to the facility which are to be accrued as

described in 1 above include sales taxes.

 

1. Required Business Practices Related to Accounting

 

1. Security of Program Assets. The Vendor is responsible for maintaining the security of the facility including all program assets of the facility. Program assets may never be removed from any facility for personal use.

 

2. Checking Account Requirements. Every Vendor is required to maintain a separate checking account dedicated to the financial operations of the facility. This checking account must be maintained in accordance with the

following requirements:

 

1. The Vendor must record in the check register all deposits and other credits to place funds into the checking account, and all checks and other debits to draw funds out of the checking account.
2. The Vendor must use the checking account to pay all facility expenses, except for minor expenses. The use of credit cards for payments is permissible provided the card balance is paid using the checking account.
3. The Vendor must reconcile the monthly checking account statement received from the bank to the check register. Any discrepancies between the bank statement and the check register must be investigated and corrected as appropriate.

 

1. Requirements for Payments to Purveyors – 89 Illinois

Administrative Code 650.100 (i) requires Vendors to make timely

payments to purveyors. Each payment to a purveyor must be made

within 30 calendar days of the billing date, or by the due date

established by the purveyor, whichever occurs first.

 

1. Prescribed Accounting and Reporting Forms – The Department

has prescribed the following accounting and financial reporting

forms for Vendors:

 

1. Profit and Loss Statement;
2. Expense Journal;
3. Vending Cash Pull Sheet;
4. Annual Inventory Form;
5. Daily Journal (if facility has a cash register); and,
6. Month End Report

 

Vendors assigned to facilities with cash registers are

required to record all facility sales, except for vending machine

sales, on the cash register. Although it is recommended that

vending machine sales also be recorded on the cash register, a

Vendor may choose to record these sales only on the Vending Cash

Pull Sheet.

 

 

Illinois Business Enterprise Program for the Blind

Policies and Procedures Manual

 

SECTION 6

ACCOUNTING PROCEDURES

 

POLICY NUMBER BEPB 6.2

CENTRALIZED ACCOUNTING

 

 

POLICY STATEMENT

 

In order to maximize the opportunity for success, new and inexperienced Vendors as well as Vendors experiencing problems with their accounting and/or reporting, are required to utilize what BEPB refers to as centralized accounting.  The Agency shall contract with an independent accounting firm who will provide support for the Program while also providing accounting services to individual Vendors.  The goal is to equip Vendors so that they might be independent including doing their own accounting.

 

PROCEDURE

 

6. Individuals on the Certified for Placement List who receive their first assignment and are serving their mandatory 6-month performance probation will be required to use centralized accounting. Once they complete their 6-months and are issued a license they may apply to do independent accounting pursuant to Section 6.3A(3) of these Policies and Procedures.  More experienced Vendors who are experiencing problems with independent accounting may be required to use centralized accounting.

 

6. The Vendor shall provide the required financial information to the accounting firm and will pay their set-aside in accordance with timeframes established in Section 6.3C of these Policies and Procedures.

 

1. Reporting of Payroll Information

 

Within 4 working days after the end of each semi-monthly

pay period, a Vendor assigned to a facility with employees must

submit the following to the accounting firm under contract to the

Department:

1. Employee time sheets for the semi-monthly pay period; and,
2. A payment, referred to as “turn-in”, to cover payroll costs which will be paid by the accounting firm.

 

Payroll obligations include:

1. Gross salaries and wages earned by facility employees;
2. The employer’s share of FICA and Medicare; and,
3. Federal and State unemployment taxes.

 

1. The accounting firm under contract to the Department

performs the following payroll functions for the Vendor:

 

1. Processes each semi-monthly payroll;
2. Prepares and provides a quarterly payroll tax return electronically

and submits them;

3. Issues W-2 forms after the end of each calendar year to all

Facility employees for use in filing personal tax returns; and,

4. Prepares Federal returns which are provided to the Vendor for signature and submission.

 

1. Reporting of Monthly Financial Information

 

Vendors utilizing centralized accounting are required to

submit monthly financial information to the accounting firm under

contract to the Department. Vendors are required to mail or deliver

the following information to the accounting firm for receipt within 5

working days after the end of the month in which the business was transacted:

 

1. Month-end report, summarizing facility revenue and expenses for the month by category;
2. Completed Vendor Sales Tax Worksheet to provide a breakdown

of sales for the report month by category to calculate sales tax;

3. A reconciliation of cash on hand, including working capital;
4. A check register, detailing for the report month all deposits

and other credits into the checking account for the facility, and

all checks and other debits drawn on the account;

5. Daily Expenditure Journals completed for the report month

and copies of supporting invoices;

6. Any Equipment Repair Rebate Worksheets, including

supporting invoices for all repairs.

7. A payment, referred to as “turn-in”, which includes all

revenue received during the report month after deducting:

8. Any turn-in submitted by the 15th calendar day of the month

to cover payroll obligations;

9. All expenses paid by the Vendor during the report month;

and,

10. For the month ending September 30th only, the value of all

commodities inventory at the facility as reported on the Inventory

Form submitted by the Vendor to the BEPB Director of Operations.

 

1. Using this monthly financial information, the accounting firm prepares the following for the vendor each month:

 

1. An updated General Ledger which accounts for the monthly

financial transactions of the facility and is reconciled to balance of the checking account for the facility;

2. Profit and Loss Statement and settlement summary;
3. A sales tax return which is prepared electronically with payment

and submission;

4. Payroll tax forms and payments;
5. Monthly settlement check or electronic payment to the Vendor, after deducting from the net profits all amounts owed by the vendor for payroll and payroll taxes, sales taxes, working capital, initial inventory, set-aside, insurance costs, and any other miscellaneous cost identified.

 

1. Vendor Responsibilities

 

In addition to the above, Vendors are responsible for preparing and submitting personal and corporate (if incorporated) Federal and State income tax returns and other corporate filings, including any income tax payments owed.

 

DOCUMENTATION

 

It is the responsibility of the blind individual to provide to the contracted accounting firm all documents required by this policy.  The accounting firm will document financial activity for all vending facilities and provide same to the Agency as directed.

 

EXCEPTIONS

 

N/A

 

Illinois Business Enterprise Program for the Blind

Policies and Procedures Manual

 

SECTION 6

ACCOUNTING PROCEDURES

 

POLICY NUMBER BEPB 6.3

REPORTING AND PAYMENT OF SET ASIDE FEES

 

 

POLICY STATEMENT

 

It is the policy of the Illinois Business Enterprise Program for the Blind that those individuals managing a BEPB vending facility shall submit monthly financial reports and pay a percentage of their net proceeds back to the Agency in the way of a set-aside fee.  That fee shall be established at a reasonable rate based upon the budgetary needs of the Business Enterprise Program for the Blind.  These funds shall be accounted for separately by the Agency and used only for the purposes outlined in 34 C.F.R. 395.9.

 

PROCEDURE:

 

The set-aside fee shall be a percentage of net proceeds of the vending facility for the month in question EXCEPT that no Vendor earning less than $1,000.00 per month will be assessed a set-aside fee.  The BEPB and Committee may agree to raise this minimum depending upon the economic conditions at the time.

 

Set aside is assessed against the total net proceeds of all facilities assigned rather than each individual facility.

 

1. Filing Options

The BEPB will contract with a private accounting firm to provide all fiduciary services related to processing monthly Vendor reports and collection of set-aside fees. The firm with whom the Agency contracts shall be responsible for developing a training manual and provide training to all current and prospective Vendors on the details of reporting and paying fees.

Vendors have 2 options for filing monthly reports and paying their set-aside fees.

1. Option #1 – Vendors may choose or, under certain circumstances, be required to utilize the accounting firm under contract to the Department to obtain reporting and accounting services. This accounting option is referred to as “centralized accounting” and requires Vendors to pay set-aside at the standard rate plus a surcharge to pay for the accounting services. This surcharge is not applicable to Vendors in their initial 6-month establishment period.  Set-aside and/or federal VR dollars cannot be used beyond the 6-month establishment period to pay for ongoing accounting services for an individual Vendor. The amount of the surcharge will be determined by the BEPB with the active participation of the ICBV based upon actual costs to fund that portion of the contract.  During the initial 6-month establishment period, the individual will not be required to pay the surcharge.  The surcharge is not set aside and may be deducted as a business expense for the purposes of determining the net proceeds of the vending facility.  The accounting firm must account for these funds separately.

 

At minimum, those participating in centralized accounting must submit the following information to the contracted accounting firm:

 

1. Month End Report
2. Sales Broken Down by Sales Tax Category
3. Cash Pull Sheets
4. Expense Journal
5. Check Register
6. Bank Statement
7. Invoices for Allowable Expenses
8. Turn-In Funds

 

Turn-in is the money left from sales after deducting the cost of goods sold and any other expenses paid by the Vendor.  The contracted accounting firm will use the turn-in to pay the vending facility employees, all payroll taxes, and sales taxes.  The amount remaining will represent the net proceeds of the vending facility.  The appropriate amount for set-aside will be deducted and deposited into the set-aside account.  The surcharge, if applicable, will also be deducted.  Funds remaining will be returned to the Vendor.

 

2. Option #2 – Vendors who meet the required criteria identified below are eligible to assume responsibility for their own accounting. This accounting option is referred to as “independent accounting” and entitles Vendors to pay set-aside at the standard rate as agreed to by the Agency and Committee and approved by the Secretary of Education. Those Vendors who use independent accounting shall submit the following each month to the contracted accounting firm:

 

1. Completed P&L Form
2. Set-Aside Payment
3. Completed Repair Rebate Worksheet with Invoices, if applicable
4. Rent payment if applicable; and,
5. Rest areas self-insurance premium.

 

3. A Vendor must meet all of the following criteria to be

eligible to utilize independent accounting:

 

1. The Vendor must have utilized centralized accounting for at least six months;
2. The Vendor must possess a separate sales tax number for the

Vendor’s facility, a federal Employer Identification Number (EIN)

and a number from the Illinois Department of Employment Security.

1. The Vendor must be current with respect to all reporting requirements as outlined above;
2. The Vendor must maintain a separate business checking

account; and,

1. The Vendor must demonstrate an understanding of the responsibilities and requirements provided in this policy for

Vendors utilizing independent accounting.

 

Any Vendor who meets the eligibility criteria in A (3) above

may submit a written request to the BEPB Administrator to change

from centralized accounting to independent accounting. The BEPB

Administrator, in consultation with the BEPB Director of Operations, the Business Consultant assigned to the Vendor’s facility, and the accounting firm under contract to the Department, will determine whether to approve the request based on a review of the Vendor’s past performance regarding accounting and reporting, including any related disciplinary and corrective action.  The contracted accounting firm will facilitate to the extent practicable the transition from centralized to independent accounting.

 

1. Corrective Action

 

Corrective action may be required for any Vendor utilizing independent accounting if there are frequent errors or omissions in their reporting.  This would include but is not limited to penalties as prescribed by Section C of this policy and requiring the Vendor to change to centralized accounting for a period of time established in the Vendor’s corrective action plan. Examples of violations include but are not limited to:

 

1. Repetitive errors;
2. Failure to correct accounting problems in a timely manner after being notified by the Agency and directed to make the necessary corrections;
3. Non-payment of amounts owed to the Department or purveyors

within required time frames; or

1. Repetitive occurrence of non-sufficient fund (NSF) checks

written from the checking account maintained by the Vendor for the

facility.

 

1. Filing Dates

 

The format for any reports required for monthly reporting shall be developed jointly by the BEPB and Illinois Committee of Blind Vendors.  The reporting process must be made available in an accessible format if requested by the Vendor.  If agreed to by the SLA and Committee, paper reporting and manual set-aside payments may be replaced by electronic filing utilizing a management information system.  The SLA and Committee have the authority to determine if such electronic filing is mandatory or optional.

 

Submission of required financial information for Vendors on centralized accounting must be received by the contracted accounting firm on or before the 5^th business day of the month following the month the business was transacted. Set-aside payments must be received on or before the 20^th of each month.  If mailed, it must be postmarked by the 18th. If the due dates fall on a weekend or holiday, payments are due the next business day.

 

Payments and reports for Vendors on self-accounting and filing manually must be received on or before the 20^th day of the month following the month in which the business was transacted.  If mailed, the reports must be postmarked by the 18^th.  If electronic filing is required, due dates for reports and set-aside fees will remain the same.  If the due date falls on a weekend or holiday, reports and payments are due the next business day.

 

1. Penalties for Late Reports and/or Fees

 

1. Failure to meet the required due dates will result in the assessment of late fees in accordance with the following:
   25. $25.00 for the first offense. If reports and fees are both late, the late fee is $50.00.
   26. $50.00 for the second offense within a calendar year. If reports and fees are both late, the late fee is $100.00.
   27. $75.00 for the third and any subsequent offense within a calendar year. If reports and fees are both late, the late fee is $150.00

 

2. Vendors who are delinquent with reports and/or fees for more than thirty (30) days shall have their license placed into probationary status pursuant to Section 650-70(b) of the program rules and regulations and Section 7.3 of these Policies and Procedures.

 

3. If a Vendor is late filing reports and/or paying fees a second time within a calendar year, in addition to the late fees, the Vendor will be ineligible to bid for a period of six months following the last infraction.
4. If a Vendor is late filing reports and/or paying fees four times within a calendar year, the Vendor will be removed from the facility and their license to operate a vending facility in Illinois will be automatically terminated without a probationary period after affording the Vendor an opportunity for a full evidentiary hearing.
5. The SLA will be responsible for notifying the Vendor in an accessible format of any fines, ineligibility to bid, or actions sanctioning their license.
6. Late fees shall be deposited into the set-aside fund and used for the same purposes as set-aside.

 

1. Set-Aside Funds – Method for Determining Rate

 

1. The State Licensing Agency and the Committee of Blind Vendors determine an approximate total amount of set-aside funds needed to operate the Program. Based upon that need, a percentage of net proceeds is established as the set-aside rate.   The rate shall be high enough to ensure a reasonable reserve while providing adequate funding for the allowable purposes pursuant to 34 C.F.R. 395.9.
2. The fee schedule is then submitted to the U.S. Department of Education for approval prior to implementation.

 

The Agency and Committee may agree to suspend set-aside after considering the budgetary needs of the Program, including the need for a reasonable reserve.

 

1. Determining Net Proceeds

 

Each Vendor is assessed the derived percentage rate of the net proceeds of the vending facility to which they are assigned.  In determining net proceeds, the Vendor is allowed to deduct allowable expenses from gross sales to arrive at the figure.  The SLA cannot deny a Vendor the ability to deduct legitimate business expenses when determining net proceeds of the vending facility.  To do so would mean that set aside is based upon something other than the net proceeds of the facility which is prohibited by 34 C.F.R. 395.1(s).  Expenses that are deducted from gross sales in determining net include but are not limited to:

 

1. Product cost including supplies;
2. Employee expense including wages, benefits, taxes, and related expenses;
3. Accounting expenses including the accounting surcharge for those on centralized accounting;
4. Fees including but not limited to bank fees, credit card fees, and micro market fees;
5. Pest control;
6. Janitorial services;
7. Corporate licensing and filing fees if a franchise;
8. Shared ride expenses (e.g. Uber and Lyft) and/or bus/train tickets when used in the course of conducting the day-to-day business of a vending facility (Normal commuting costs from home to work and back are not allowable deductions);
9. Mileage for business use of a vehicle provided that such mileage is substantiated by a travel log and charges do not exceed the rate as allowed by state travel regulations (Mileage for commuting costs to and from the vending facility is not an allowable deduction);
10. Mileage paid to employee while using their personal cars when performing their job duties;
11. Telephone and other communication expenses;
12. Liability insurance;
13. Office supplies;
14. Uniforms;
15. Lease or rental payments for space or equipment,
16. Commissions paid if applicable;
17. Rest area self-insurance premiums; and,
18. Any other business expenses related directly to the operation of the vending facility provided the Agency has given prior approval.

Set-aside payments are not an allowable expense to be deducted.

With respect to F (2) above, employee expenses can only be deducted provided the Vendor has records documenting the payment of F.I.C.A. state and federal employment taxes, and the withholding of income taxes as required. Salaries or wages paid to family members are only allowable if this requirement is met.  The Vendor may utilize the services of a family member as an employee only if they are actually performing duties the same as any other employee and the pay is commensurate with what others in the area would be paid for a similar job.

The Vendor may not classify an employee as contract labor to avoid paying F.I.C.A. and other charges unless the individual meets the requirements of the Department of Labor.  Generally speaking, if the Vendor controls the individual’s hours and provides the equipment to do the work, the individual is considered an employee and cannot be counted as contract labor.  It is incumbent upon the BEPB to provide adequate training on Department of Labor requirements so that Vendors know when an employer/employee relationship exists.  Nothing in this section shall preclude a Vendor from utilizing the services of a temp or manpower agency when staffing their business.

1. Set-Aside Credits

 

In calculating the set-aside amount due, the Vendor may deduct as a credit any allowable payments for repair and maintenance.  The Vendor must pay the full cost of any repairs and provide a copy of the repair invoice.  They may take a set-aside credit equal to the following:

 

70% of the labor cost;

80% of the cost of parts; and,

100% of travel cost.

 

These costs must be broken down on the invoice.

 

Vendors may also claim a credit for hiring employees with disabilities.  The credit will be a percentage of the wages paid to such employees.  The percentage will be determined jointly by the SLA and Committee.

 

1. Verifying Accuracy of Reports

The Agency, typically the Business Consultant, will do a semi-annual review of each vending facility’s monthly reports to verify accuracy. Records for one of the preceding 6 months will be randomly reviewed.  This review will include, but not be limited to the following:

1. Sales tax and business taxes have been paid;
2. Withholding deposits have been made, where applicable;
3. Worker’s compensation has been paid, where applicable;
4. Gross/net profit percentages meet acceptable standards;
5. Expenses and purchases are being reported accurately;
6. Set aside fees are calculated correctly and are current
7. Equipment inventory is current

This review process may require validating the accuracy of sales being reported by the Vendor. It may require reviewing credit card and/or kiosk statements, reading meters on vending machines, and/or reviewing daily sales receipts. The Vendor will cooperate with the Consultant in these efforts.

If significant problems are identified in the month that was examined, a more in-depth analysis may be required.  The Business Consultant may review other months to determine the depth of the problem.  If irregularities are noted, the Consultant shall refer the matter to the Program Administrator for review and resolution.

If errors are noted on the reports, the Vendor may be required to file an amended report and will be required to pay any additional set aside fees which may be due.  If there is good cause, these reviews may be required by the BEPB on more frequent intervals.

During a Vendor’s initial six-month probationary period, the Business Consultant shall conduct monthly reviews of the vending facility records as a training tool.  This review shall include but is not limited to the areas identified in this section. The purpose of this review is to ensure that the Vendor is in compliance with all BEPB requirements and to identify possible deficiencies. It is hoped that these reviews will ensure a greater degree of success by the Vendor.

1. Use of Set-Aside Funds

Set-aside funds may be used for only the following purposes:

1. In accordance with any guidance provided by the U.S. Department of Education, the purchase of new equipment including delivery and installation charges;
2. The maintenance and replacement of equipment;
3. Management services;
4. Assuring a fair minimum return; and/or,
5. Retirement funds, health insurance contributions, and the provision of vacation and/or sick pay provided a majority of the Vendors have voted to do so.

 

DOCUMENTATION

The financial activities of the vending facility are documented on the monthly report filed by the Vendor.  The Vendor must maintain copies of all receipts supporting any deductions on the report.  These receipts must be made available to the BEPB for inspection and verification upon the request of the BEPB.  The Business Consultant must document the results of the semi-annual reviews.  The BEPB, through the company with which it contracts for accounting services, must document the date reports and/or fees are received and document any late fees assessed.  The BEPB shall document that all expenditures from set-aside fees received comply with 34 C.F.R. 395.9.

EXCEPTIONS

The Program Administrator may waive any late fees if the Vendor experiences unique circumstances that prevent them from filing their reports or paying their set-aside fees. Such an exception must be documented in writing by the Program Administrator and maintained in the Agency files.

Illinois Department of Human Services

Business Enterprise Program for the Blind

 

SECTION 7

VENDOR CONDUCT

 

POLICY NUMBER BEPB 7.1

VENDOR CODE OF CONDUCT

 

POLICY STATEMENT

 

It is the policy of the Illinois Business Enterprise Program for the Blind that all Licensed Blind Vendors, Trainees, and individuals on the Certified for Placement List conduct themselves personally and professionally in accordance with high standards.

They must understand their obligation to conduct all aspects of their responsibilities with honesty and integrity and to always present a positive image of the Illinois Business Enterprise Program for the Blind (BEPB) and blind people in general.  With this in mind, the BEPB and ICBV have agreed on a Code of Conduct that encompasses the responsibilities of program participants at their vending facilities as well as any functions they attend in their capacity with BEPB.

 

PROCEDURE

 

All Blind Vendors, Trainees, and individuals on the Certified for Placement List are required to sign and abide by a Vendor Code of Conduct, a copy of which is Attached to these Policies and Procedures as Attachment C.  By signing, the individual agrees to the following:

 

1. Deal without deceit and untruthfulness with all customers, employees, suppliers, property management officials, SLA staff, fellow Blind Vendors, and anyone else with whom they have contact in their capacity with BEPB;

 

2. Act with due regard for the feelings, wishes, rights, and traditions of customers, employees, suppliers, property management officials, SLA staff, fellow Blind Vendors, and others with whom they have contact in their capacity with BEPB;

 

3. Maintain a workplace that does not constitute a hostile work environment and is free of sexual harassment and any manner of sexual misconduct;

 

 

4. Ensure an alcohol and drug-free workplace and never be at the facility or any other event they attend in their capacity with BEPB while intoxicated, under the influence of illegal drugs, or under the influence of illegal use of legal drugs;

 

5. Embrace diversity and promote full participation while refraining from demeaning, derogatory, harassing, or discriminatory language or conduct;

 

6. Do not discriminate in any facet of the business based upon sex, marital status, sexual orientation including gender related identity, order of protection status, age, physical or mental impairment, creed, race, color, religion, national origin, ancestry, political affiliation, conviction record, military status, unfavorable discharge from military service, or any other classes protected by applicable federal, state, and local laws related to discrimination including 775 ILCS 5 referred to as the Illinois Human Rights Act.

 

7. Protect the assets of the Illinois BEPB and do not willfully or maliciously damage state-owned equipment or the premises on which the vending facility is located;

 

 

8. Act responsibly when posting or reposting on social media by refraining from using profanity, using hate speech or inflammatory language aimed toward any individual or group or category of people, posting unapproved photographs of the vending facility, posting negative comments about customers, grantors, BEPB staff, and others with whom they have a business relationship as the result of managing their vending facility, and never posting pictures or other content not suitable for children;

 

9. Comply with all federal, state, and local laws as well as government rules and regulations that have an application to BEPB, including all requirements contained in the Policies and Procedures Manual;

 

10. Ensure that their focus will be on providing quality products and excellent customer service;

 

11. Use sound accounting and bookkeeping practices and report accurately operational activities, and pay all fees as required in a timely manner; and,

 

12. Participate in BEPB sponsored conferences and meetings and contribute in a professional manner while adhering to the standards outlined in this Vendor Code of Conduct.

 

 

The Code of Conduct must be signed and dated by the Blind Vendor, Trainee, or individual on the Certified for Placement List and maintained in their file by the Business Consultant.

 

DOCUMENTATION

 

The Code of Conduct must be signed and dated and maintained in the Vendor’s file.  It is the responsibility of the Business Consultant to secure the necessary signatures and maintain copies in the Vendor’s file.   Any violations of the Code of Conduct are to be documented by the BEPB and maintained in the individual’s file in accordance with timelines outlined in Section 7.3 of this Manual.

 

EXCEPTIONS

 

N/A

 

Illinois Business Enterprise Program for the Blind

Policies and Procedures

 

SECTION 7

VENDOR CONDUCT

 

POLICY NUMBER: BEPB 7.2

RELATIONSHIP WITH BUILDING MANAGEMENT

 

POLICY STATEMENT

 

The Vendor and the building manager must have a good working relationship in order to maximize profits and for the vending facility to provide appropriate services to those who occupy the building. The permit to operate the vending facility in the building is between the BEPB and the building management.  Jeopardizing that permit is grounds for disciplinary action up to and including termination of the operating agreement and/or license. The requirements to be included in a permit to operate a vending facility under the Randolph-Sheppard Program are contained in 34 CFR 395.35 (a) and (b).

 

It is the responsibility of the Vendor to cooperate, in every way practicable, with building management. It must be understood that only by providing a quality service to those individuals who occupy or visit the building can the Business Enterprise Program fulfill its promise to create employment opportunities for Vendors. The goal is to always maintain this relationship on a positive level so that the arrangement can be mutually beneficial.

 

PROCEDURE:

 

1. Training – The Agency shall ensure that all Vendors are adequately trained in customer service, know their obligations pursuant to the rules and regulations and these Policies and Procedures, and understand the requirements of the permit/contract. This training is provided during entry-level training as well as in ongoing upward mobility training.

 

1. Complaints – If there are complaints from property management, or if problems develop in the relationship between the Vendor and building management, the SLA should be notified immediately. The BEPB operates with the belief that most problems can be resolved by the Vendor without the assistance of the Agency.  The purpose of the notification is to simply inform so the Agency can act more expeditiously if the problems persist.  The BEPB is always available to facilitate an equitable solution to the problem. If the problems cannot be resolved by the Vendor, the BEPB shall intervene.  Both the Vendor and building management are encouraged to utilize the services of the BEPB early on in the process as a means of dispute resolution.

 

There will be times when building management brings problems and/or concerns directly to the SLA.  The BEPB shall request that complainant put its concerns in writing and once these are received shall immediately forward the written complaint to the Vendor.  Whether the complaint is in writing or communicated verbally, the SLA shall reach out to the Vendor and take the necessary steps to assist in resolving the matter.  If complaints received from property management are determined by BEPB to be valid and the Vendor fails to take corrective action, the SLA may sanction the Vendor’s license pursuant to Section 7.3 of this Manual.

 

The Vendor is not responsible for negotiating items contained in the permit/contract. This rests with the BEPB.  It is the responsibility of the Vendor to comply with all terms of the permit.  However, if there are terms in the permit that are problematic for the Vendor, the Vendor should bring these to the attention of the BEPB who, if justified, can approach property management about amending the permit.

 

1. Refund Policy – It is the responsibility of the Vendor to establish a refund policy which affords customers an opportunity to recoup money lost in a vending machine or refund for product that is bad (e.g. out-of-date merchandise).

 

DOCUMENTATION:

 

If problems persist, or a situation is of a critical nature, it is beneficial if the parties involved document the situation. This documentation should be presented to the SLA or its designee to assist with resolution of any dispute.

 

EXCEPTIONS:

 

None

 

Illinois Business Enterprise Program for the Blind

Business Enterprise Policies and Procedures Manual

 

SECTION 7

VENDOR CONDUCT

 

POLICY NUMBER BEPB 7.3

DISCIPLINARY ACTION

 

POLICY STATEMENT

 

The Department is responsible for sanctioning a Blind Vendor’s license, including termination, when warranted by the Vendor’s actions or inactions.  The BEPB is committed to a progressive disciplinary process that affords the Vendor an opportunity to correct deficiencies in order to preserve their license and, therefore, their ability to earn a livelihood by owning and operating a Vending Facility in Illinois.  This policy summarizes the sanctioning process and outlines many of the actions which may result in sanctions on the Vendor’s license.  Such actions may include oral warnings, probation, emergency removal from their facility, and ultimately termination of the license.  The intent of both warnings and probationary status is to advise the Vendor that their license could be in jeopardy if deficiencies are not corrected.

 

A license may be sanctioned for violations of any of the following:

 

1. The rules and regulations governing the Program;
2. The Policies and Procedures Manual;
3. The terms and conditions of the permit / contract;
4. The terms and conditions of the Operating Agreement;
5. State or local law, the violation of which is, or reasonably may, result in financial or physical harm to the customers of the facility or other persons, the Agency, or the Blind Vendor; or
6. Regulations of other agencies of the State or local governments which have regulatory authority directly related to the operation of a vending facility including but not limited to the Departments of Revenue and Health.

A Licensed Blind Vendor has the right to appeal any sanctioning action in

accordance with the procedures established in 89 Illinois Administrative Code 650.130.

 

PROCEDURE:

 

1. Oral Warning

 

An oral warning is the first optional step in this progressive process for less serious offenses.  Examples of Vendor actions that may result in an oral warning might include but are not limited to the following:

 

1. Failure to keep current and complete manuals at the vending facility;
2. Failure to accurately complete and submit all BEPB forms prescribed for record keeping purposes;
3. Failure to comply with the facility sanitation schedule, which has been developed to comply with BEPB sanitation standards on the Sanitation and Safety Checklist;
4. Failure to inspect merchandise received at the facility for quality, code dates, quantity, damage, back order, and price variances;
5. Failure to coordinate with purveyors to correct problems with orders;
6. Failure to maintain current and accurate records of product cost, complete product mixes and product price;
7. Failure to comply with pricing requirements for products in accordance with the facility contract or permit;
8. Failure to comply with all legally mandated and commonly accepted personnel practices;
9. Failure to wear clean, professional attire to the vending facilities;
10. Failure to act in a professional manner with building management, customers, or others with whom they come into contact in their capacity as an Illinois Blind Vendor, such as use of profane or disrespectful language, telling inappropriate jokes, or sexual misconduct not involving physical contact or threatening actions;
11. Failure to maintain a professional attitude and demeanor toward customers.

 

An oral warning must be documented in writing and this written documentation provided to the Vendor in an accessible format.  The oral warning will be removed from the Vendor’s file after 12 months provided no further like violations have occurred.  This oral warning will be included as part of a Vendor’s record of performance if they bid on another vending facility during that 12-month period.

 

1. Placing License Into Probationary Status

 

A Blind Vendor’s license may be placed into probationary status for more serious violations and/or when the oral warning did not correct the problem or the same violation reoccurs.

 

After receiving the notice of probation, a corrective action plan will

be developed by the Business Consultant and Vendor.  The goal of the corrective action plan is to improve performance and to avoid further violations resulting in termination of the Vendor’s license. When appropriate, corrective action may result in mandatory retraining.

 

Examples of violations that may result in the license being placed into probationary status without first giving an oral warning include but are not limited to the following:

 

1. Violations of BEPB Rules and/or Policy Manual including the Operating Agreement and Vendor Code of Conduct;
2. Failure to comply with regulations of any government entities with jurisdiction over vending facility operations in Illinois;
3. Failure of the Blind Vendor or facility employees to adhere to

all applicable state, county, and local health codes;

4. Failure to adhere to the facility contract or permit and any addenda including having the facility open for business during the hours specified unless agreed to by both the BEPB and property management;
5. Creation of a hostile work environment, displaying violent behavior, and/or engaging in sexual harassment;
6. Failure to pay facility employees the required state or federal minimum wage whichever is applicable;
7. Failure to pay local, state, and/or federal taxes for the vending facility business.
8. Failure to make payment for purchases of goods or services in a timely manner, in accordance with accepted business practices, and/or in compliance with purveyor requirements;
9. Presence of alcohol or illegal drugs at the vending facility except in those cases where a facility is permitted to sell alcohol;
10. For facilities with cash registers, failure to record on the cash register all facility sales and services;
11. For facilities without cash registers, failure to record all cash removed from vending machines on the facility’s Vending Cash Out Sheet, and/or failure to maintain a copy of completed Vending Cash Out Sheets at the facility or failure to produce them upon request by the next business day;
12. Closing the facility during regularly scheduled business

hours, except in cases of family or medical emergency or other

natural emergencies;

13. Failure to secure the service area, storage areas, machines, product and cash at the facility;
14. Removal of facility money, product, equipment or program assets from the facility for personal use.
15. Interruption of service at the facility resulting from failure to maintain facility financial accounts;
16. Failure to balance all facility funds at the end of each fiscal reporting period.

 

1. Notice of Probationary Status

Notice of the license being placed in probationary status shall be provided to the Blind Vendor in an accessible format.  If a hard copy of a written letter is hand-delivered, a copy shall also be sent electronically or provided in another alternative format.  The inception of probation shall be the date upon which the notice is received by the Blind Vendor or, if sent electronically, the date of the email.  The notice of disciplinary probation shall contain the reason(s) the license is being placed in probationary status, steps to be taken, if any, to avoid termination, the Blind Vendor’s right to appeal the Agency’s action, and information about contacting a member of the Committee to serve as an advocate. The probationary period shall be for a mandatory thirty (30) calendar days.   If the identified issues have not been adequately corrected at the conclusion of the thirty (30) calendar days, the Agency may extend the probation in thirty (30) calendar day increments or continue with revocation of the Vendor’s license after first affording the Vendor an opportunity for a full evidentiary hearing.

The probationary notice shall remain in the Vendor’s file for 12 months except for probations resulting from sexual misconduct / sexual harassment. These notices shall remain in the Vendor’s file for five (5) years.  This probation will be included as part of a Vendor’s record of performance when bidding on another vending facility.

1. Ineligibility to Bid

Blind Vendors whose licenses are placed in probationary status pursuant to this Part at the time a bid announcement goes out will not be permitted to bid on vacant vending facilities while the license is in probationary status.

1. Repeated Probation

If a Blind Vendor’s license is placed in disciplinary probationary status for the same offense for the third time during a twelve (12) month period, the Blind Vendor’s license will be terminated upon conclusion of the third probationary period after first affording the Blind Vendor an opportunity for a full evidentiary hearing.

F.    Emergency Removal of a Licensed Blind Vendor

The Agency shall remove a Blind Vendor from a vending facility if a situation develops that prevents a Blind Vendor from fulfilling their obligations or if there is reasonable evidence of a hazardous situation involving the Blind Vendor which poses an immediate threat to the safety and well-being of the Blind Vendor or others. For the purposes of this section, the creation of a hostile work environment and/or sexual misconduct / harassment may constitute a hazardous situation. This removal may be immediate if the circumstances require. At the time of the removal, the Agency shall advise the Licensed Blind Vendor in writing in an accessible format of their right to appeal the Agency action.  Prior to or within twenty-four (24) hours of the removal, the Agency shall contact the Chairperson of the Committee and inform them of the action.  In the event of a Blind Vendor’s removal under paragraph (a) of this subsection, the Agency must investigate the circumstances surrounding the removal, and within fifteen (15) working days, do one or more of the following:

• Return the Blind Vendor to the facility if it is determined the Blind Vendor was not at fault and the Agency believes there is still an opportunity for the Blind Vendor to be successful at that location;

1. Mandate re-training if, in the opinion of the Agency, additional training will rectify the situation;
2. Terminate the Operating Agreement but place the Blind Vendor’s name on the Certified for Placement List and allow the Blind Vendor to bid on any vacant vending facilities; and/or,
3. Initiate disciplinary action against the Blind Vendor’s license.

1. License Revocation Not Requiring Probation

 

A Blind Vendor’s license may be terminated without the necessity of having their license first placed in probationary status for the following reasons:

 

1. The Vendor falsifies information on the monthly financial report, Bid Application Form or any other official document submitted to the BEPB, or the accounting firm retained by the Agency.
2. The Vendor is removed from a facility on an emergency basis and the investigation reveals serious misconduct or egregious violations that are violent or sexual in nature which lead the Agency to conclude placing the Vendor in another facility would pose a potential risk to the safety of others.
3. Twice within a 5-year period, the building managers of two different vending facilities each provide written notification to the BEPB stating that the permit/contract will be terminated if the vendor is not removed from the facility;
4. The vendor is convicted of a felony directly related to their business operation; and/or,

 

1. Non disciplinary reasons as outlined in Section 650-80K of the BEPB Rules and Regulations.

 

Even though the license does not have to be placed into probationary status, the Licensed Blind Vendor must be afforded the opportunity for a full evidentiary hearing prior to the license being officially terminated.

 

DOCUMENTATION

 

All performance issues resulting in some sort of sanctioning of a Vendor’s license or emergency removal must be documented by BEPB and maintained in the facility file.  Any corrective action plans must be in writing.  Notices of sanction must be in writing and in an accessible format and their delivery documented.  If a license is terminated for non-disciplinary reasons such as improvement in vision, there must be documentation supporting the termination in the file.

 

EXCEPTIONS 

 

N/A

 

Illinois Business Enterprise Program for the Blind

Business Enterprise Policies and Procedures Manual

 

SECTION 8

ESTABLISHING NEW FACILITIES

 

POLICY NUMBER BEPB 8.1

CRITERIA FOR ESTABLISHING NEW VENDING FACILITIES

 

POLICY STATEMENT

 

It is the responsibility of the Illinois Business Enterprise Program for the Blind to create and expand opportunities for the blind through the establishment of vending facilities.  C.F.R. 395.3(a)(3) requires the SLA to set forth policies and standards for the selection of suitable locations for vending facilities.  It is the policy of the Illinois BEPB to create opportunities that will sustain a livelihood for blind persons licensed to manage and operate vending facilities in the state.  This requires establishing guidelines on sales thresholds for stand-alone and satellite facilities.

 

PROCEDURE:

1. Criteria To Establish New Stand-Alone Facilities

It is the responsibility of the BEPB to stay abreast of potential new vending facility locations in the state on federal, public, and private properties. When potential sites are identified, the staff person will contact the appropriate property management official and request permission to conduct a formal survey and make a presentation about the Illinois Business Enterprise Program for the Blind. The vending facility should generate sales which will produce an income to the Vendor which is equal to or greater than the median household income for Illinois.  Exceptions to these criteria may be made provided the facility will generate sales at least equal to the median income of all Blind Vendors in Illinois.  Sales meeting these criteria shall be based on:

1. Historical data that is available with respect to that location; and/or,
2. Sales projections based upon the number of potential customers and the type of facility being proposed.

It is understood that the Illinois Committee of Blind Vendors has an important role to play when decisions are being made about potential new locations. The BEPB Administrator will ensure that the Committee is apprised of activities in this area and shall solicit appropriate input. This includes follow- up on leads for prospective sites which are provided to the staff by the Committee representatives. The Administrator may fulfill this responsibility through the Business Development Consultant.

If it is determined that the above criteria have been met, the Business Development Consultant will prepare a recommendation which shall be submitted internally for approval. The final approval will be contingent upon the availability of budgeted funds, a determination that a facility will be economically feasible in terms of generating a satisfactory income for the blind vendor, and in the best interest of the Program as a whole. After a decision has been made to proceed with negotiations to establish a vending facility, the Business Development Consultant will initiate the appropriate agreement and secure the necessary signatures. After approval has been obtained from the property management officials and the BEPB Administrator, the facility will be assigned a numerical designation.  The Business Development Consultant or the Business Consultant shall initiate an equipment request as soon as it is mutually agreeable to all concerned parties that the facility will open on an approximate predetermined date. The equipment request shall include the purchase of needed equipment, initial stock and supplies, and other potential support necessary during the first 6-month establishment period.  Some of these services may be coordinated with the assigned individual’s VR Counselor, if applicable.   From time to time, it may become necessary to combine buildings in order to make a facility large enough to support a Vendor.

1. Additions to Existing Facilities

If it is determined that a potential new location may not support a Vendor, the Program Administrator may consider assigning the new facility as a satellite location, either temporarily or permanently, to an existing facility. It may be assigned temporarily if the Agency wants to establish some historical sales data upon which to decide about a permanent assignment. This temporary assignment may be up to twelve (12) months pursuant to Section 650-90(h) of the BEPB rules and regulations.  If the assignment is to be temporary, the BEPB Administrator shall so advise the Vendor in writing. If assigned on a temporary basis, the Vendor will be responsible for keeping separate sales figures.

If the decision is made that a permanent assignment should be made to an existing facility, the BEPB will consider proximity to other facilities, profitability of those facilities, and the abilities of the Vendors. Unless there are unusual circumstances, a satellite should not be added to an existing facility on a permanent basis if it will increase the sales of that facility by more than 50% as compared to current sales or sales on the bid announcement, whichever is higher. This 50% cap will not apply if sales at the newly enlarged facility are projected to remain below the average for all Illinois vending facilities.

1. Projecting Facility Sales

In attempting to accurately project gross sales of a particular facility, the BEPB shall use available information that may include:

1. Historical Data – If historical sales figures are available, this data will be given considerable weight in projecting sales, although it will not be the sole determining factor as circumstances and type of service may have changed.
2. Population Count – The Agency will consider the number of potential customers including the number of transient customers and visitors. The number of shifts of employees within a twenty-four (24) hour period will also be taken into consideration.
3. Type of Service – The Program Administrator will consider type of service to be provided (i.e. vending, counter, food preparation, micro market, non-food, etc.) and the degree of vicinity competition.

If historical data is unavailable or unreliable, projections shall be based upon the information derived from the examination of the other sources.  Based upon this examination, the Business Development Consultant will make their projection of annual gross sales predicated upon no less than $.75 per day per potential customer. This is just a guide, and it should be noted that this figure may rise substantially if the vending facility includes on-site food preparation and even higher if vicinity competition poses no problem. In these instances, a minimum of $1.70 may be utilized.  In the event the vending facility provides services as opposed to tangible products, every effort will be made to obtain pertinent data upon which to make an informed decision with the understanding that projections may be based upon data much different than for a foodservice location.

1. Determining Type of Facility

 

In determining what type of facility to install, the BEPB will consider the GSA guidelines.  Again, these are just guidelines, and the Program Administrator and Committee have a great deal of flexibility in this regard.  Generally, GSA guidelines suggest the following:

 

Number of Employees       Vending Machines

 

150 – 239               1 Snack and 1 Drink

240 – 383               2 Snack and 2 Drink

384 – 615                3 Snack and 3 Drink

615 – 982                4 Snack and 4 Drink

983 – 1572             5 Snack and 5 Drink

1573 – 2516            6 Snack and 6 Drink

2517 – 3000            7 Snack and 7 Drink

3000+                     To Be Determined

 

Additionally, hot drink, cold food, and/or specialty machines may be added if there are a minimum of 400 potential customers daily.

 

More sophisticated services such as micro markets and C-Stores may be provided if numbers suggest they are viable.  These services may be provided instead of vending machines or in conjunction with them depending upon the needs of the customers.  GSA guidelines indicate the following:

 

Number of Customers       Type of Facility

 

150 – 299                     Nano Market

300 – 599                     Micro market

600 – 799                     C-Store

800 – 999                     Grab and Go

Additionally, a snack bar will be considered if there are a minimum of 750 potential customers and a cafeteria if there are at least 1500.

The BEPB shall work with property management in determining the type of service.  To the extent practicable, the BEPB will try to accommodate requests of property management when considering the type of service but only if such requests can be justified based upon projected profits.

It is understood that GSA may update these guidelines from time to time.  Any new guidelines are incorporated by reference and this policy does not have to be amended.

1. Establishing Initial Inventory Levels

 

The initial inventory levels for a new vending facility shall be determine din accordance with Section 9.1 of this Policies and Procedures Manual.

 

1. Non-Traditional Vending Facilities

Under the authority established by the Randolph-Sheppard Act, the BEPB may choose to establish non-traditional vending facilities including franchises.  A vending facility may be of a type that sells products and services other than food.  Such nontraditional vending facilities shall function the same as any other vending facility in terms of how it is assigned to a Vendor and to the level and the degree of supervision provided by the Commission.

 

1. Additional Supports During Establishment Period

 

In terms of supports other than inventory during the initial 6-month establishment period, this shall be determined on an individual basis based upon the individual and the unique needs of the vending facility.  These supports may include ordinary operational costs such as providing help with payroll, purchasing employee uniforms, paying licensing fees and taxes, pest control, etc.  The Agency is not required to provide these additional supports but may do so based upon individual circumstances.  If being paid by VR for a VR client, VR policy shall control.  After the initial 6-month establishment period, these operational costs must be assumed by the Vendor

 

 

DOCUMENTATION

 

The Program Administrator, or individual conducting surveys and Plans of Service, must document on a standard form the results of all research related to the feasibility of a vending facility including documenting the number of potential customers in a building.  They must document the appropriate inventory level, and any other supports needed by the Vendor during the initial establishment period.

 

EXCEPTIONS

 

Exceptions to the guidelines contained in the policy may be made by the Program Administrator with the active participation of the Committee.

 

 

Illinois Business Enterprise for the Blind

Policies and Procedures Manual

 

SECTION 8

ESTABLISHING NEW VENDING FACILITIES

 

POLICY NUMBER BEPB 8.2

VENDOR SECURED LOCATIONS

 

 

POLICY STATEMENT

 

It is the policy of the Illinois Business Enterprise Program for the Blind to encourage Blind Vendors to make efforts to expand their businesses.  The responsibility for growth and expansion does not rest solely with the Agency. The blind business owners are in the best position to grow their own businesses.  If a Blind Vendor goes out and secures a new location for the BEPB, it is the policy of the BEPB that the new location be permanently assigned as an attachment to that Vendor’s vending facility.  The Blind Vendor will be required to pay set aside on the net proceeds of the add-on the same as any other facility.  Nothing in the policy is intended to suggest that the BEPB is not responsible for locating and developing new locations.

 

PROCEDURE

 

1. Seeking Sites

 

A permanently assigned Blind Vendor may actively seek new locations to add to their vending facility. The prospective location shall not be on any property governed by federal or state priority.   Such locations on federal or state property are the responsibility of the Agency to develop and are assigned in accordance with program rules and these Policies and Procedures Manual.  This does not mean that a Blind Vendor may not refer potential locations governed by the priority to the BEPB for potential survey and development.   Nothing in this part precludes a Vendor, who suggests such government locations for potential development, from being assigned to the vending facility as a Business Income Opportunity if the Operations Committee determines the Vendor is the best candidate based upon the proposal they submit as part of the standard process outlined in Section 4.3of these Policies and Procedures.  A Vendor-Secured add-on site must be in the same BEPB district where the Vendor’s primary site is located.

 

When seeking new locations under this provision, the Blind Vendor will identify the potential opportunity, make initial contact with the appropriate property management official, meet with and present on how the Vendor can best service their account, and achieve tentative agreement.  The Business Consultant may be called upon as a resource at any point during this process especially if there is interest on the part of property management.

 

1. BEPB Consultant Survey

 

If a location has expressed a willingness to allow the Blind Vendor to service the account, the BEPB Consultant shall conduct a site survey to determine the feasibility of establishing an add-on for the Blind Vendor.  The survey will attempt to project potential monthly net proceeds for the Blind Vendor while also investigating the SLA’s costs of developing the site. If it is determined that the opportunity is feasible, the procedures for establishing new facilities as outlined in Section 8.1 of these Policies and Procedures shall govern its establishment.  The SLA shall maintain final approval and/or disapproval of any such vendor-secured locations.

 

 

1. Assignment of Vendor-Secured Locations

 

All locations developed in accordance with this policy shall become a permanent part of the Blind Vendor’s overall assigned facility and is not transferable unless the Blind Vendor voluntarily relinquishes the location.  The add-on shall remain a part of that vending facility as long as that Blind Vendor is assigned to the vending facility.  If the Vendor leaves the facility for any reason, the Operations Committee shall determine what to do with the add-on.  Options may include:

 

1. Separate the add-on from the vending facility and bid it out as a stand-alone facility;
2. Leave it attached to the vending facility and assign the facility in its entirety as a permanent assignment through the standard promotion process outlined in Section 4.2 of these Policies and Procedures, or make it available as a Business income Opportunity;
3. If the add-on is not necessary to the viability of the vending facility, make a permanent assignment by attaching it to another existing vending facility; or,
4. Allow the Vendor to take the add-on with them to their next vending facility which may be necessary under certain circumstances such as property management stating that the BEPB will lose the site if another Vendor is assigned.

 

Vendors desiring to seek and obtain new add-on locations must be current with all filings and financial obligations to the BEPB.  If, after affording the Vendor an opportunity to get current, the Vendor fails to meet these criteria, it shall result in the vendor-recruited site being assigned to another Blind Vendor.

 

1. Removal of the Vendor

 

On properties not protected by any statutory priority, property management may demand the removal of the Blind Vendor for poor performance. If the BEPB receives such a request from property management, it shall try to determine if the matter can be resolved without removing the Blind Vendor.  If the BEPB determines the situation is not salvageable, it may remove the Vendor and make an emergency assignment pursuant to Section 7.3 of these Policies and Procedures. The reason for the removal request will dictate any disciplinary actions taken against a Blind Vendor’s license and any impact on the Vendor’s ability to remain in their current permanent assignment.

 

1. Business Outside of BEPB

 

Nothing in this section precludes a Blind Vendor from growing their business outside of the BEPB.  A Vendor may secure business on their own, purchase any necessary equipment, and service the accounts without any involvement from the BEPB.  However, the Vendor may not comingle financial records from their BEPB and private business.

 

DOCUMENTATION

 

The Blind Vendor shall document any conversations with property management.  The BEPB Consultant shall document the results of any site survey and estimated costs and sales projections.  The Consultant shall also document any complaints or requests to remove a Vendor.

 

EXCEPTIONS

 

Only as specified within the policy.

 

 

 

Illinois Business Enterprise Program for the Blind

Policies and Procedures Manual

 

SECTION 9

OPERATIONAL CONSIDERATIONS

 

POLICY NUMBER BEPB 9.1

INITIAL INVENTORY AND OTHER SUPPORTS

 

POLICY STATEMENT

The Illinois Business Enterprises Program for the Blind strives to ensure that all Blind Vendors properly display and sell only quality products that can be sold profitably at competitive prices in their businesses.  It is also BEPB’s policy that Vendors have adequate initial stock, working capital, and other necessary supports to begin operations in a vending facility.  Such supports are only allowable during the first 6-month establishment period.  The BEPB is committed to compliance with the U.S. Department of Education’s Technical Assistance Circular 24-03 in providing these necessary supports.

PROCEDURE

1. Quality Control

 

Such products which are sold must be of a quality equal to that of products sold in similar retail markets found in the community.  All food must be fresh and within any sell by date.  The Blind Vendor should order only a quantity which can be sold before the merchandise becomes stale or spoiled.  The quality of consumable merchandise must meet health codes and any applicable regulations within that particular locale.  The Vendor is required to rotate stock and dispose of outdated merchandise.

 

1. Display of Merchandise

 

Products which are for sale should be displayed in the market and/or vending machine in an attractive manner.  Merchandise which is out-of-date should be removed from display and replaced.  The display of articles for sale should be orderly.

 

1. Variety of Merchandise

The products and services to be sold are generally outlined in the permit.    Inventory for a vending or retail market may be similar to what might be found in a typical convenience store.  This might include soft drinks, milk, bottled waters, juices, coffee, energy drinks, chips, popcorn, candies, nuts, crackers, gum, sandwiches, fruit, snack foods, ice cream, yogurt, snack and meal replacement bars, magazines, newspapers, souvenirs, confections, lottery tickets, etc.  Additionally, in some facilities, over-the-counter medications such as Aspirin, cough drops, and stomach aids may be offered for sale as well as tissues, postage stamps, etc.  Snack bars may sell the items listed above but will also offer hot foods, salads, and desserts.  This list is provided for illustration purposes only and is not intended to limit the products or services to be sold in a vending facility.

The variety of products and services will differ from vending facility to vending facility as each Blind Vendor will cater to the demands of their customers.  Likewise, the size of the vending facility, availability of storage, proximity to a water supply, and other physical factors will also help determine the variety and quantity of the products.

1. Selling Prices

Pricing for products is the responsibility of the Blind Vendor.  However, pricing for merchandise in the vending facility should be comparable to prices for similar merchandise in similar or competing businesses in the community.  Pricing that is out of line, either too high or too low, can have an adverse impact on the Blind Vendor’s bottom line. If it is brought to the attention of the Business Consultant that a price may be out of line, the Consultant and Vendor will conduct a market basket analysis comparing the Blind Vendor’s prices to those at 2 convenience stores near the vending facility.  The Vendor’s prices should not be more than 10% higher than the average as determined by the market basket analysis.  Likewise, if prices are less than 90% of the average as compared to the market basket analysis, the Consultant shall counsel the Blind Vendor who may decide the appropriate selling price.  In some cases, the permit may require the Blind Vendor to provide building management advance notice of any price changes or to post price changes to make customers aware.

 

1. Initial Stock

 

In determining the amount of merchandise to be purchased as an initial inventory level for a vending facility, the BEPB must rely upon their projections for annual gross sales. It is important to realize that an initial inventory level and supplies are not intended to allow for operation of a facility over a long period of time.  Instead, the initial level of support must be in such an amount as to not place an undue burden on the Blind Vendor and permit that Vendor to begin operating and get their business up and running. The Vendor is expected to invest profits to increase the inventory over time after the initial establishment period, as dictated by the growth of the business. Generally, an initial level of inventory shall be equal to 3 weeks of gross sales for a vending or retail market and 4 weeks of expected gross sales in a snack bar. For example, if sales are projected to be $3,000 per week in an all-vending location, the initial inventory level should be equal to $9,000. In a food preparation facility, the initial inventory level would be $12,000. Depending upon unique circumstances at a facility, this amount may need to be adjusted accordingly. At a minimum, the Blind Vendor must always have on hand the level of inventory provided initially by either VR or BEPB.

 

During the initial 6-month period, additional inventory may be necessary to ensure the success of the Vendor.  After the initial establishment period, levels of inventory will not be increased by the BEPB unless there is a change in the nature of the facility in question, the vending facility is expanded in some way, or there is a re-assignment of the facility to another Vendor.

 

An example of the nature of a vending facility changing would be converting a snack bar to a micro market.  When there is such a change in type of facility, a new 6-month establishment period is initiated which allows the provision of additional inventory and supports.  Likewise, if a facility is expanded, additional inventory and supports may be provided.  An example would be adding new vending machines as part of a satellite being added to an existing vending facility either as a permanent assignment, business income opportunity, or temporary assignment to someone on the Certified for Placement List.

 

1. Working Capital

 

All vending facilities require working capital for vending machine coin mechanisms, cash drawers, etc.  The BEPB Administrator and Director of Operations, with input from the Business Consultant and Vendor, shall determine the amount of working capital needed for a Blind Vendor to begin operation. The amount varies based upon the number of vending machines, volume of sales, etc.  As with merchandise inventory, the Blind Vendor shall increase the amount of working capital as the business grows.  When a Blind Vendor leaves the vending facility for whatever reason, they must leave the amount of working capital provided by the BEPB which has been vested in the State.

 

1. Additional Supports During Establishment Period

 

In addition to stock, supplies, and working capital, the Agency may provide additional supports to a Vendor during the 6-month establishment period. This might include the payment of vending facility operational expenses.  Such supports must be necessary, reasonable and allowable and will be determined on a case-by-case basis as one Vendor’s needs may not be the same as another Vendor’s.  Such supports shall be consistent with the above referenced Technical Assistance Circular 24-03.  If supports are to be provided by a VR Counselor, such supports shall be consistent with DHS-DRS VR policy

 

1. Provision of Supports

 

It is the responsibility of DHS-DRS to provide initial inventory, appropriate supplies, and other necessary supports to ensure the Vendor has a greater opportunity to succeed.  The supports, including merchandise inventory, may be purchased by either:

 

1. The Vocational Rehabilitation Counselor as part of an Individualized Plan for Employment (IPE) and consistent with the Agency’s Vocational Rehabilitation policies; or,
2. The BEPB.

 

In the case of a VR client receiving their first assignment, the BEPB Administrator shall work with the VR Program staff and a mutual decision will be made as to the appropriate levels of supports and for what VR will pay and what BEPB will pay.  Either VR or BEPB may pay all or part of the necessary supports depending upon the individual’s needs and the VR policy.   The amount of inventory, supplies, and working capital will be determined by the BEPB in accordance with guidelines contained in this section.

 

1. Inventory and Other Supports Provided by VR

 

If the initial inventory and working capital are being provided by VR as permitted by VR policy, the expectation is that the individual will be responsible for that inventory level for as long as they are assigned to a vending facility. If, based upon guidelines in this Section, the initial inventory level is $4,000, the VR Counselor may purchase this amount of inventory to be given to the Vendor and vested in the Vendor.  However, if at some point in the future, that individual is promoted into another facility, the expectation is that $4,000 will go with the Vendor to the new assignment.  If the new facility requires $6,000 in inventory, the BEPB shall provide the additional $2,000 which shall be vested with the State.  See Section J below for more details on this approach.

 

1. If the BEPB is providing supports, including merchandise inventory and working capital during the 6-month establishment period, any inventory or working capital is vested with the State. There is no expectation that the Vendor pay back such dollars until they leave the vending facility.  When the Vendor leaves the facility, whether as the result of a promotion, retirement, or otherwise, the amount of the initial inventory and working capital must be at the facility to be left for the next Vendor.  Using the above example of a facility requiring $4,000 in inventory, if the BEPB provides the $4,000 in merchandise, the Vendor is expected to leave either merchandise and/or cash in the amount of $4,000.

 

Using the examples above, if VR provided the initial $4,000 and the Vendor is promoted into a facility requiring $6,000 in product, the Vendor is responsible for the $4,000 and BEPB shall provide the additional $2,000.  When the Vendor leaves, they are liable to the BEPB for just the $2,000.

 

Finally, if VR provides $4,000 and the Vendor is there 3 years and builds the inventory to $7,000 and then leaves, the BEPB will be responsible for paying the Vendor the additional $3,000.  If it is a new Vendor with an open VR case, this amount may be provided by either the VR Counselor or BEPB pursuant to Subsection I above.

 

This same process will be applied to working capital.

 

1. Applicability to Current Vendors

 

Previous policy required that Vendors repay their inventory and working capital in monthly installments once they are in the facility.  Upon the effective date of this Policies and Procedures Manual, Blind Vendors will no longer be required to pay any remaining balances.  Any portion of inventory or working capital repaid by the Vendor prior to the implementation of this new policy is vested in that Vendor.  The unpaid balances are vested in the State of Illinois.  Vendors who choose may voluntarily pay off their inventory so that it is vested in its entirety in the Vendor.  The BEPB will pay them for any vested amounts when they leave.  If a Vendor has any debt to the BEPB, this amount shall be deducted from any overpayment.  This applies to all Vendors who may be owed money by the BEPB and have a debt.

 

1. Inventory of Merchandise

 

Upon termination of the Vendor’s Operating Agreement or Service Agreement, the BEPB shall conduct an inventory of the stock in trade and compare it with the initial inventory which was provided to the Blind Vendor by the VR Counselor and/or BEPB.  If the fair wholesale value of the merchandise exceeds the initial cost, the surplus will be paid by the SLA to the Vendor if so desired by the Vendor. The Blind Vendor may take stock with them to their next vending facility assignment or may sell it to the Agency to be assigned to the incoming Vendor or, under some circumstances, may sell it directly to the incoming Vendor.  In determining the fair wholesale value of the closing inventory, the Business Consultant shall utilize receipts provided by the outgoing Vendor.  If the outgoing Vendor cannot or does not provide receipts within 5 days of the inventory, the Consultant will utilize pricing provided by suppliers of the BEPB’s choosing.

 

1. Determination of Stock In Trade

 

The BEPB determines what constitutes the stock in trade of a vending facility (i.e., the quality, quantity and type of merchandise that is to be considered and inventoried as the stock in trade of a particular vending facility).  This is done to ensure that the Agency does not purchase stock that is damaged, out-of-date, or is inappropriate for sale in the facility.  Under no circumstances will an incoming Vendor be asked to accept product that cannot reasonably be expected to sell or not to sell by the expiration date.  The extent to which merchandise is appropriate shall be determined by the SLA.

 

The Consultant shall complete the pricing of the merchandise and submit the completed inventory sheets to the Director of Operations within thirty (30) calendar days of taking the inventory.  The Director of Operations shall review the calculations and advise the outgoing Vendor of the amount based upon the wholesale prices utilized.  Upon concurrence of the outgoing Vendor, the Director of Operations shall notify both the outgoing and incoming Blind Vendors involved no later than sixty (60) calendar days after taking the physical inventory.  If, because of extenuating circumstances, the inventory cannot be completed and sent to the Vendors within sixty (60) days, both Vendors shall be notified of the delay.

 

1. Inability to Pay

 

No blind individual will be denied the opportunity to enter the Business Enterprise Program for the Blind or denied award of a new assignment because they lack resources to purchase initial stock or to provide working capital.  An exception would be if a Vendor was assigned inventory either by VR or the BEPB and the Vendor does not have that amount on hand when they are inventoried out and does not have monies available to purchase stock in their new vending facility, they may be denied a move to another facility.

 

1. Failure to Pay

 

It is understood that at the time of an inventory, the amount on hand may not be known until the Business Consultant can extend the inventory to determine the wholesale value.  This will not preclude the Vendor from being assigned to their new facility if awarded through the standard bidding process either as a permanent assignment or as a business income opportunity.  If the extension indicates there is a shortage, the Vendor shall be given thirty (30) days to liquidate the indebtedness.  If they fail to do so, the shortage will be treated as any other bad debt and disciplinary action against the Vendor’s license shall be initiated up to an including termination.

 

DOCUMENTATION

 

The BEPB must document:

 

1. The appropriate inventory and working capital levels based upon projected sales;
2. The amount of inventory and working capital assigned by BEPB to a Vendor and that is vested in the State;
3. The amount of product on hand at the time there is a change of Vendors; and,
4. The wholesale value of any such inventory.

 

EXCEPTIONS

 

As provided in Subsection M above, a Vendor may be denied an assignment if they do not have the initial inventory level on hand when being inventoried out of their old facility.

 

 

SECTION 9

OPERATIONAL CONSIDERATIONS

 

POLICY NUMBER BEPB 9.2

VENDING FACILITY EQUIPMENT

 

POLICY STATEMENT

 

It is the policy of the Business Enterprise Program for the Blind to provide each vending facility under its supervision with the appropriate equipment needed to effectively operate the facility with the goal of enabling the Vendor to maximize profits to the greatest extent practicable.

 

PROCEDURE

 

1. Acquisition of Equipment for Vending Facilities

 

1. Equipment Owned by the BEPB

 

With the active participation of the ICBV and its Equipment Committee, an annual BEPB equipment budget is prepared for inclusion in the BEPB annual operating budget. The equipment budget is established to allocate funds to purchase equipment needed for new facility development and for expansion of existing facilities and the replacement of worn-out and obsolete equipment.  The Department retains title to all equipment purchased for a vending facility supervised by the BEPB.

 

Vendor requests for replacement or expansion equipment must

be made to the Business Consultant who completes the Equipment Request Form if they feel the request is justified.  The Business Consultant provides detailed information and a written explanation of why the equipment is needed as appropriate.  This is provided in the comments section of the Equipment Request Form.

 

1. Equipment Acquisition Process

 

1. Initiation of the Equipment Request Form – The Business

Consultant completes the request if they concur with the request.  It is incumbent upon the Vendor to have the necessary data/information

to assist the Business Consultant in preparing the Equipment Request Form in its entirety.

 

2. Role of the Business Consultant in Equipment Requests- The

Business Consultant will either:

 

1. Approve the request, complete the Equipment Request Form, and forward it on to the BEPB Director of Operations; or,
2. Deny the request and advise the Vendor of the decision. If the request

is denied the Business Consultant shall include a brief statement as

to why the request was denied. The Vendor has the option to submit the request and to ask for reconsideration by the BEPB Director of Operations.

1. Review of Requests by BEPB Director of Operations – The BEPB Director of Operations reviews the Equipment Request Form to determine if sufficient justification exists to provide the item(s) being requested. They may ask for additional information and/or justification from the Business Consultant.  They may also consult with the BEPB Equipment Specialist.  If justification is not sufficient to the satisfaction of the BEPB Director of Operations, the request will be denied and the form returned to the Business Consultant.  If approved, the request is forwarded to the BEPB Equipment Specialist for final disposition.  If the request is denied by the BEPB Director of Operations, the Vendor may ask the BEPB Equipment Specialist to review the matter and reconsider the request.

 

3.    Review of Requests by the BEPB Equipment Specialist -The Equipment

Specialist will review all requests and may concur or disagree with the recommendation. If the Equipment Specialist approves the request, consideration will first be given to equipment in the warehouse that meets the needs of the Vendor.  If there is no equipment available, the necessary documents will be prepared to request the purchase of the equipment, and a copy noting the approval will be sent to the Business Consultant who advises the Vendor. If the Equipment Specialist denies the request, the Vendor may ask the Administrator to review and reconsider the request.

 

4.     Formal Appeals by the Vendor

 

At any point during this process, if a Vendor is dissatisfied with the Agency’s action, they may request an evidentiary hearing pursuant to Section 650-120 of the BEPB Rules and Regulations.

 

5. ICBV Equipment Committee – This Committee, which meets quarterly,

advises the BEPB on equipment related matters including the annual equipment budget.  This includes recommending the types of equipment for which it should contract to purchase.  The Equipment Committee will monitor program expenditures for equipment in relation to the budgeted amounts.  The Equipment Committee will also monitor length of time required for Vendors to receive requested equipment.  Committee members may advocate for Vendors who have requested new equipment and advise Vendors of their rights to appeal either formally through the appeals process or informally as described above.

 

1. Equipment Owned by Vendors

 

1. The majority of facility equipment is purchased and owned

by the Department. Vendors may elect to purchase equipment for use in the vending facility with prior approval of the Business Consultant.  The Vendor must provide written documentation of the equipment purchase to the Business Consultant and may report it as an expense on the Profit and

Loss Statement.

 

2. The Vendor retains ownership of equipment purchased using

their personal funds (which may include the Vendor’s

proceeds from the facility).

 

1. Emergency Equipment Needs

 

In rare circumstances, a Vendor may possess an emergency

need for equipment. The Vendor should immediately contact the

Business Consultant assigned to the facility to discuss the

emergency need. The Business Consultant is to contact the BEPB Director of Operations, who will immediately consult with the BEPB Equipment Specialist

to determine if a true emergency exists. An emergency need for equipment exists if at least one of the following conditions is met:

 

1. When public health and safety is at risk;
2. To protect against further loss or damage to property;
3. To prevent or minimize a serious disruption of services; or,
4. To assure the integrity of State records.

 

Such requests will have priority over other existing requests.  When possible, the emergency need will be met with existing equipment owned by the Department. If an equipment purchase is required, BEPB administrative staff will expedite the procedures provided for equipment purchases to the extent permissible by Department purchasing requirements.

 

1. Procedures for Receiving Equipment at Facilities

 

When new equipment is being purchased for a vending facility, the Equipment Specialist will advise the company from whom the equipment is being purchased to coordinate delivery with the Vendor.  The Vendor, or a representative, must also be present at the time of delivery.  The Vendor or Vendor’s representative must sign confirming receipt of the equipment.  The company delivering the equipment then sends the signed receipt to the BEPB Equipment Specialist.

 

1. Procedures for Transferring Equipment to Other BEPB Locations

 

1. Equipment may be transferred from a vending facility for one of the

following reasons:

 

1. The equipment is being replaced because it is unusable or obsolete;
2. The equipment is in good working order, but is no longer

needed at the facility; or,

1. The facility is closing.

 

Vendor requests and questions regarding equipment transfers

are to be communicated to the Business Consultant assigned to the

vending facility. The Business Consultant is required to follow the Department’s

procedures regarding equipment transfers.

 

DOCUMENTATION

 

It is the responsibility of the Business Consultant to document all equipment assigned to each vending facility for which they are responsible.  They shall also document any equipment needs for vending facilities.

 

EXCEPTIONS

 

N/A

 

 

Illinois Business Enterprise Program for the Blind

Policies and Procedures Manual

 

SECTION 9

OPERATIONAL CONSIDERATIONS

 

POLICY NUMBER BEPB 9.3

MAINTENANCE AND REPAIR

 

POLICY STATEMENT

 

The BEPB is required by 34 C.F.R. 395.10 to maintain or cause to be maintained in good working order all vending facility equipment which it has purchased for use in a vending facility supervised by the program.   This is accomplished by contracting for preventive maintenance services and allowing the Vendors to arrange for and pay for repairs.  The Vendors are reimbursed for a share of these repair costs through set aside credits.

 

1. Preventive Maintenance and Repairs

 

The Department shall contract with a company capable of providing preventive maintenance to certain vending facility equipment.  The contract will require preventive maintenance primarily on vending machines and refrigeration units although additional items may be included.  The contractor will be expected to visit every facility annually to perform routine maintenance on the State-owned vending machines, refrigeration units, and any other items included in the contract.  The Vendor is responsible for routine maintenance and cleaning of all equipment in the vending facility.  The Vendor shall cooperate with the contractor to ensure they can perform the preventive maintenance.

 

1. Vendors are responsible for arranging all repairs required to maintain vending facility equipment in good working order. The Vendor is reimbursed for a share of the cost of repairs through set aside credits. Such credits are available for the following costs associated with repairs of equipment owned by the Department for the BEPB:

 

1. 80 percent of labor costs;
2.        70 percent of parts costs;
3.       100 percent of travel costs; and,
4.       100 percent of costs resulting from vandalism.

 

Monies spent on repairs are reported by the Vendor when they submit their monthly Profit and Loss Statement.

 

The above percentages may be adjusted without the need to revise this policy if jointly agreed to by the BEPB Administrator and ICBV.

 

In the event of vandalism, the Vendor must provide documentation of said vandalism.  Documentation may include a police report, documentation provided by property management or security personnel, and/or photos/videos.

 

A Vendor may be required to pay the entire repair cost when

a repair is needed as a direct result of action or inaction of the Vendor including neglect or poor maintenance and/or failure to properly clean the equipment. The burden of proof that the needed repairs were the fault of the Vendor rests with the BEPB.

 

When continued failures of the equipment and/or excessive repair costs make it impractical for repair, the BEPB shall replace the equipment.

 

Routine maintenance such as replacing filters on refrigeration equipment, replacing light bulbs, minor coin jams, etc. are treated as operational costs to the facility and are the responsibility of the Vendor.   Costs of filters, light bulbs, and the like may be deducted as expenses on the Monthly Profit and Loss Statement.

 

1. Maintaining an Equipment Repair History

 

To the extent practicable, Vendors should retain records of the cost of repairs performed on all BEPB equipment.  As justification for replacing equipment with chronic problems, the Vendor may be asked by BEPB to provide documentation of repair costs.  In deciding to replace an item, the BEPB may reach out to the repair company to ascertain what records they have with regards to repairs.    If the piece of equipment is transferred to a different location, the Business Consultant assigned to the location from which the equipment is being transferred is responsible to the extent practicable for ensuring that the repair history for the

equipment is then given to the incoming Vendor.

 

The expectation is that the Vendor, in consultation with the Business Consultant, will periodically review all equipment at the location to determine any equipment replacement needs. An Equipment Request Form must be completed and submitted along with a history of repair costs to the BEPB Director of Operations for consideration for any equipment which may need to be replaced.

 

1. Vendor Responsibilities Related to Facility Equipment Inventories

 

All facility equipment which is owned by the Department and

is valued at $100 or more is subject to the property control

procedures for BEPB equipment. An inventory of all Department-owned equipment meeting these requirements must be maintained on the Central Management Services (CMS) Common Systems, an automated central inventory system used to meet State inventory requirements. The equipment inventory listing for each facility must be reviewed and updated annually by the BEPB.

 

Vendor-owned equipment at facilities is not to be included

on the Department’s equipment inventory listing or recorded in the

CMS Common System as Department-owned equipment.

 

The Vendor assigned to the facility is required to provide

any information which may be helpful in resolving discrepancies

identified as a result of the equipment inventory.

 

DOCUMENTATION

 

It is the responsibility of the Vendor to maintain documentation of the cost of any equipment repairs.  The BEPB will maintain records of the cost of repairs on individual pieces of equipment so informed decisions can be made about when to replace equipment.

 

EXCEPTIONS

 

N/A

 

Illinois Business Enterprise

 Policies and Procedures Manual

 

SECTION 9

OPERATIONAL CONSIDERATIONS

POLICY NUMBER BEPB 9.3

USE OF TEAMING PARTNERS

 

POLICY STATEMENT:

 

Some vending facility operations are very complex and require large capital investments and cash flow or expertise that most Vendors do not enjoy.  Cafeterias are the best example.  Other examples may be the use of a branded concept such as Subway or placement of some vending machines on full-service.  The Agency may require the use of a teaming partner in some instances or may allow a Vendor to utilize a teaming partner upon request in others.  The Vendor shall be allowed to select a teaming partner with the approval of the BEPB unless the teaming arrangement is already in place when the Vendor is assigned to the facility.  If there is already a teaming partner, the incoming Vendor may be required to utilize that teaming partner until the expiration of the agreement with the teaming partner or a contract for service such as a dining contract is rebid by the governmental entity.

 

PROCEDURE

 

If a teaming partner is required for a cafeteria operation or full-service vending, the BEPB shall provide the Vendor with a list of potential teaming partners it has approved.  If a branded concept is contemplated, the Agency and Vendor will work collaboratively to select a franchise.

 

1. Criteria for a Dining Facility Teaming Partner

 

When selecting a teaming partner, the Vendor must ensure that the following criteria are met:

 

1. The teaming partner has experience in operating the type of operation to be operated with the Vendor.

 

2. The teaming partner has demonstrated that they have the financial resources to support the operation including cash flow to pay employees while waiting on payment from the government.

 

3. The agreement between the Vendor and teaming partner shall be based on profit sharing with the Vendor receiving a minimum of 51% of the profit from the operation. A guaranteed draw is permissible as long as it can be documented that the guarantee represents at least 51% of the profit.

 

4. The agreement between the Vendor and teaming partner must show the training that will be provided to the Vendor by the teaming partner. The Vendor is required to be trained in all aspects of the operation.

 

5. The Vendor must be engaged in the day-to-day operations of the business and an active participant in all major decisions.

 

6. Set aside will be paid based upon the net proceeds from the facility as a whole and not just the Vendor’s split.

 

The Agency must approve the teaming partner agreement.

 

1. Full-Service Vending

As noted earlier, another type of teaming arrangement is a full-service vending agreement.  Generally, the vending teaming partner is only responsible for a portion of the vending facility operation.  An example might be a Vendor who is managing a cafeteria may choose to utilize a teaming partner to service the vending machines.  Another example might be a Vendor who services their own vending machines at their anchor facility but chooses to use a full-service company for a satellite facility several miles away.  A third example might be a Vendor who contracts with one of the major drink bottlers to service drink machines while the Vendor services all other vending machines.  In this type of teaming arrangement, the Vendor is engaged in the day-to-day oversight of the vending machines and is still responsible for ensuring a quality service.  The Vendor earns a percentage of the profits in the way of a commission.  Any such full-service arrangements may be approved by the Program Administrator if it is a good business decision for both the Agency and the Vendor and the third party can provide quality service.   In approving such arrangements, the Program Administrator shall ensure that the Vendor is engaged in the business as a whole.  Under no circumstances will a Vendor be allowed to place an entire vending facility on full-service.  Any Vendor with machines on full-service at the time these rules are implemented shall be grandfathered in as long as they are at that facility.

1. Branded Concepts

In those facilities where a Vendor utilizes a branded partner such as Subway, the Vendor must provide oversight to the branded operation to ensure compliance with program requirements.  It is not the intent of this section to establish a branded operation that constitutes the Vendor’s entire vending facility.  The Vendor is still expected to service a portion of their facility such as the vending machines or over-the-counter operation.  The Vendor and SLA will jointly make decisions on allowing a branded franchise to operate as part of the vending facility and negotiate a competitive commission.  There may be situations where a Vendor bids into a facility with a branded concept already there.   In such instances, the Vendor is obligated to continue to work with that partner for the remainder of any contract period.

 

DOCUMENTATION

 

Any teaming agreement must be approved in writing by the BEPB.  Such written approval ensures compliance with all criteria outlined in this section.

 

EXCEPTIONS

 

With regard to teaming partners for dining contracts, circumstances may require the BEPB to select a teaming partner before assigning it to a Blind Vendor.  Under such circumstances, the Vendor shall be required to utilize that teaming partner until the federal entity rebids the contract for service.  The Illinois Committee of Blind Vendors shall have the opportunity to actively participate in any decision as to whether to select the teaming partner in advance of selecting a Vendor.

 

Illinois Business Enterprise Program for the Blind

Policies and Procedures Manual

 

SECTION 10

MANAGEMENT SERVICES

 

POLICY NUMBER BEPB 10.1

ROLE OF THE BUSINESS CONSULTANT

 

POLICY STATEMENT

 

It is the policy of the Illinois Business Enterprise Program for the Blind to provide each Blind Vendor with management services intended to promote the success of each program participant and to empower blind people to achieve their maximum vocational potential.  These management services are provided pursuant to 34 C.F.R. 395.3(a)(11)(ii).  The Agency’s responsibilities are detailed in Section 650-20(a) of the BEPB rules and regulations and are not restated here.  One of the most important services the Agency provides individual Vendors is ongoing supervision of each vending facility.  This supervision is not the same as a supervisor at a company who supervises the work of direct-report employees.  There is no employer-employee relationship here.  The Agency plays more of a consultative or quality assurance role

 

The requirement to provide management services is met primarily through the Business Consultant.  The BEPB Business Consultants have three primary responsibilities:

1. Supervision and Quality Control – Business Consultants provide advice and consultation aimed at improving operations and maximizing Vendor profits and ensuring that all facilities have the proper equipment to ensure an efficient operation that meets the needs of the Vendor and their customers.
2. Monitoring and Evaluating Vendor Operations – The BEPB

Business Consultants are responsible for implementing a formal

facility visitation schedule and Vendor assessment process for

every vending facility assigned to them.

3. Protection of Agency Assets – Business Consultants conduct on-site visits of all vending facilities under their supervision. As a key part of these visits, they must verify the presence and safety of program assets at facilities and are responsible for assisting the Department to maintain current and future vending facilities.

 

PROCEDURE

 

1. Facility Visitation Codes and Schedules – Definitions

 

The Business Consultant shall visit all vending facilities under their supervision in accordance with established facility visitation schedules. The visitation schedule for a facility is determined by the visitation code assigned to the Vendor who is inventoried into the facility. Visitation codes are as follows:

 

A = Weekly

B = Bi-Weekly

C = Monthly

D = Every 6 Weeks

E = Quarterly

F = Semi-Annually

 

1. Assignment of Visitation Codes and Schedules

 

The Business Consultant assigned to the facility is responsible for recommending an appropriate visitation code and schedule to the BEPB Director of Operations for approval. The determination of this assignment is based on, but not limited to,

a review of the following factors:

 

1.        The size and type of facility;
2.        The Vendor’s overall experience in managing facilities;
3.        The Vendor’s specific experience in managing facilities of

a similar size and/or type;

4.        Significant changes in facility operations and/or the

identification of operations problems; and,

5. Any poor past performance resulting in disciplinary action against a Vendor’s license.

 

Any individual receiving their initial assignment off of the Certified for Placement List is automatically assigned an “A” visitation code for the initial six months.  Once the individual successfully completes the initial 6-month period and is issued a license, the Business Consultant may recommend a different code requiring less frequent site visits.

 

At the time an existing Vendor is inventoried into a facility, the Vendor must be initially assigned an “A” visitation code. As the Vendor successfully transitions to the new facility, the Business Consultant may recommend that the visitation code be changed to require less frequent visits if warranted by virtue of the Vendor’s performance.

 

Business Consultants may recommend changes to visitation codes and schedules at any time when appropriate. The visitation code for a Vendor who

demonstrates improved performance may be changed to a code which

requires less frequent visits. Conversely, it may be appropriate

for a Business Consultant to recommend a code which requires more

frequent visits for a Vendor who is experiencing problems.

 

The BEPB Director of Operations makes the final decision regarding visitation codes and schedules assigned to Vendors. These decisions may be made based on Business Consultant recommendations or, when necessary, may be made independently by the BEPB Director of Operations in consultation with the BEPB Administrator and/or other BEPB staff. The assignment of visitation codes and schedules to Vendors must be consistent and fair.

 

There may be circumstances whereby the Business Consultant cannot do a timely site visit.  If a site visit must be delayed, a virtual visit will be arranged to ensure the Business Consultant is aware of activities at the vending facility and they are communicating with the Vendor.   Such virtual visits, although allowable, should be rare and viewed by the Business Consultant as a last resort.

 

1. Vendor Assessment Procedures

 

BEPB Business Consultants are responsible for conducting formal, on-site visits at their assigned facilities in accordance with the established visitation codes and schedules for these facilities. Business Consultants are required to follow the procedures set forth in this section for conducting these formal visits. Business Consultants are also responsible for completing additional assessment activities at facilities upon the request of the BEPB Administrator, the BEPB

Director of Operations, or the Personnel Director.

 

1. Preparation for On-Site Assessment Activities at Vending Facilities

 

For Vendors with visitation codes requiring quarterly or semi-annual on-site visits, the Business Consultant must notify the Vendor at least 5 days in advance of the formal visit. For Vendors with visitation codes requiring more frequent on-site

visits, no advance notification is required.

 

The Business Consultant must plan on-site assessment

activities prior to arriving at the facility. At the beginning of

each quarter and more frequently when necessary, the Business

Consultant must complete the following planning activities for each

assigned facility:

 

1. Review information maintained in the Business Consultant’s

facility file, including recent Profit & Loss Statements for the

facility, completed Vendor Assessment Worksheets, and corrective

action plans.

 

2. Determine which of the following assessment areas are due to be performed for each vending facility under their supervision:

 

1. Public Relations;
2. Sanitation and Safety;
3. Quality Assurance;
4. Financial Management;
5. Product Marketing and Inventory;
6. Employee Supervision; and,
7. Compliance.

 

3. Prior to each on-site visit, the Business Consultant must

determine the assessment activities which will occur during the

visit and the areas of the Vendor Assessment Worksheets which will

be completed. For Vendors with visitation codes requiring on-site

visits every six weeks or more frequently, a portion of these

worksheets may be completed during each on-site visit, resulting in

completed worksheets at the end of each quarter. For Vendors with

visitation codes requiring on-site visits quarterly or

semi-annually, all assessment areas on all applicable worksheets

must be completed during the one on-site visit.

 

1.   Conduct and Reporting of On-Site Activities

 

Business Consultants are required to document all assessment activities completed and the results of these activities on the Vendor Assessment Worksheets. Based on these assessment results, the Business Consultant must complete a Field Operations Report and rate Vendor performance in each assessment area.  Annual Vendor performance evaluations are to be based on

the quarterly ratings on the Field Operations Reports.

 

Business Consultants are required to prepare a monthly

report on assessment activities completed for each facility. These

reports are due to the BEPB Director of Operations by no later than

the 10th calendar day of each month. The following information is

to be reported each month:

 

1.        The date(s) on which on-site visits occurred during the

report month, and a brief summary of the assessment activities

conducted and results of those assessment activities;

2.        Specific problems identified, including a detailed

description of each problem, a description of action taken by the

Business Consultant to assist the Vendor in resolving the problem

and/or to administer or recommend appropriate discipline;

3.       Specific concerns identified during on-site visits which

require follow-up by the Business Consultant, including a detailed

description of the follow-up to be conducted; and,

4.       Specific assistance needed from the Director of Operations

or other BEPB administrative staff to resolve problems at

the facility.

 

The BEPB Director of Operations has overall responsibility

for all Vendor assessment activities and is required to review

monthly reports submitted by Business Consultants, conduct

appropriate follow-up with Business Consultants, and to

take specific action necessary to assist the Business Consultant and the Vendor in resolving problems at the facility.

 

1.     Disciplinary Action

 

When warranted, Business Consultants are responsible for administering appropriate disciplinary action against a Vendor’s license and for any corrective action plans pursuant to Section 7.3 of this Manual.

 

1. Vendor Consultation Activities

 

In addition to monitoring and evaluating Vendor performance, Business Consultants are responsible for providing appropriate guidance and advice to Vendors to assist them in

improving the efficiency and profitability of their facilities.  Business Consultants are to provide guidance to Vendors in the following areas:

 

1. Establishing and measuring performance against both

short-term and long-term goals and objectives for growth in

facility operation and increased profitability;

2. Effective business management techniques including a financial analysis of their businesses;
3. Marketing strategies;
4. Development of new product lines;
5. Merchandising techniques;
6. Sanitation practices;
7. Opportunities to obtain new or replacement equipment;
8. Employee relations;
9. Vendor accounting requirements and recommended practices;
10. New and existing program requirements;
11. Opportunities for facility expansion;
12. Purveyor information; and,
13. Transitions out of and into facilities.

 

The Business Consultant is responsible for assisting a

Vendor to identify outside sources of expertise, when appropriate,

to address specific Vendor needs which cannot be met by the

Business Consultant.

 

DOCUMENTATION

 

All documentation required by this part is the responsibility of the Business Consultant.

 

EXCEPTIONS

 

N/A

 

 

Illinois Business Enterprise Program for the Blind

Policies and Procedures Manual

 

SECTION 11

REST AREAS

 

POLICY NUMBER BEPB 11.1

SELF-INSURANCE PROGRAM

 

POLICY STATEMENT

 

Due to the special nature of interstate rest areas in that they periodically are closed for maintenance, renovation, and/or natural disasters / global pandemics, the BEPB and ICBV want to provide the opportunity for Vendors at interstate rest areas to protect their incomes. This is accomplished through a voluntary self-insurance plan that pays a displaced Vendor income if their rest area is closed.  Participation is strictly voluntary.

 

PROCEDURE

 

1. Eligibility

Vendors will be automatically enrolled in the plan by the accounting firm with whom BEPB contracts upon receiving an initial enrollment check of $750 or accruing $750 in 6 consecutive monthly payments.   If a Vendor had been in the self-insurance plan but opted out wants to re-enroll, there is an additional $250 charge added to the $750 to do so. If a Vendor wishes to opt out of the plan, it must be put in writing and sent to the BEPB Administrator.

 

A Vendor moving from one rest area to another shall be treated as a new entry into the Rest Area Self-Insurance plan if they were not participating in the Rest Area Self-Insurance Plan at their previous site.  If the Vendor was already enrolled in the Rest Area Self-Insurance Plan, the Vendor may be covered from Day One.

Each new Vendor (whose previous location was not a rest area facility) must pay into the fund for no less than six months before they are eligible to receive benefits.  The new Vendor has the option to prepay the six-month waiting period and be immediately eligible for benefits. If a Vendor chooses to prepay, the prepayment must be received within 30 days of the Vendor’s inventory-in date.

 

Any Vendor operating a Rest Area on a temporary basis by virtue of a service agreement is not eligible to participate in the Rest Area Self-Insurance Plan.

 

Participation in the plan is strictly voluntary.

 

1. Benefit

 

The Vendor can draw funds from the plan beginning the 15^th calendar day after closure (the first 14 consecutive days are excluded from payment).  The plan pays $50 per calendar day for each building that is closed.  The length of time a rest area Vendor can receive pay from the fund is limited to one full year for each closure. In the event of a permanent closure, the plan pays up to the one year; however, benefits cease if the Vendor bids on and wins another vending facility.  The payout is terminated effective the date the Vendor is inventoried into a new facility.

 

The accounting firm maintains all funds paid by rest area Vendors.  Payment of benefits is contingent upon sufficient funds in the plan.  Claims may accrue until no funds are available. The Self Insurance Plan is not liable for payments when there are no funds.

 

1. Self-Insurance Plan Payment

Each participating Vendor will pay into the plan $125 per building, per month.  Payment is to be made out and mailed to the accounting firm with whom the BEPB contracts.  “Rest Area Facility Fee” should be noted on the memo line of the check.   Payment is due by the 20^th of the following month.  If payment is not received on time, a $50 penalty will be assessed.  If the catch-up payment including the late fee is not paid in full within 60 calendar days, the Vendor will be removed from the self-insurance plan and forfeits all previous payments and benefits.

 

At the end of each month the Chair of the ICBV Rest Area Committee will contact the accounting firm to:

 

1. Determine the total amount in the rest area fund;
2. Let the accounting firm know which Vendors will receive payment from the fund and how much;
3. Find out if all rest area Vendors have made their rest area self-insurance

payment to the accounting firm for the previous month;

4. If the accounting firm has not received the self-insurance payment from a

Vendor, the Rest Area Committee Chairperson will contact said Vendor about the late payment;

5. If a rest area Vendor does not have their rest area self-insurance paid in full, including late fees, by the end of the following month, the Rest Area Committee Chairperson will notify the SLA Director of Operations and Director of Personnel and Training.

 

If the Rest Area funds grow to a large enough amount, rebates may occur upon the recommendation of the ICBV Rest Area Committee.

 

No Self Insurance Payments are required when:

 

1. A Vendor’s facility is closed for 15 consecutive calendar days in a calendar month, a Vendor is not required to pay into the Rest Area Self-Insurance fund for that month.
2. Once a Vendor begins receiving rest area fund payments, the Vendor is not required to pay into the rest area fund until the first day of the month following said rest area’s re-opening.

 

1. Benefit Payment

Pending the timely receipt of the required documentation, the accounting firm will issue benefit checks by the end of the following month after the closing.  Payment will be only for the days of the previous month.  Subsequent days of closure will be paid on a month-by-month basis.

 

1. Accounting

For accounting purposes, the Vendor should list the fee on their Monthly Profit & Loss Statement under allowable expenses as the “Rest Area Facility Fee.”  Benefit payments are not considered income to the vending facility; therefore, set aside fees are not assessed against the payments.

1. Rest Area Fund Status

If the rest area fund account is at or above $70,000 on November 30^th of each year, then no payment will be due for December, January and February provided the Vendor has paid at least 6 months into the rest area fund.

 

DOCUMENTATION

 

Documentation of the rest area closure from the Illinois Department of Transportation is required to receive benefits.  It is the Vendor’s responsibility to acquire the documentation to receive the benefits.  Acceptable documentation includes an email or signed letter from the Illinois Department of Transportation (IDOT) to the rest area committee chairperson by the 10^th of the following month.

 

It is the Vendor’s responsibility to notify the rest area committee chairperson when their facility reopens.  In the case of an overpayment, the overpayment should be refunded to the Rest Area Facility Fund.

 

EXCEPTIONS

 

NONE

 

 

 

Attachment A

AGREEMENT FOR OPERATION OF A VENDING FACILITY UNDER RANDOLPH-SHEPPARD ACT

BETWEEN

Illinois Division of Rehabilitation Services

Bureau of Customer and Community Blind Services

BUSINESS ENTERPRISE PROGRAM FOR THE BLIND FOR THE BLIND STATE LICENSING AGENCY

AND

__________________________

A BLIND VENDOR

THIS AGREEMENT entered into this ___ day of _______, ____, by and between the Illinois Department of Human Services Bureau of Customer and Community Blind Services, State Licensing Agency (hereinafter SLA), and __________________, a Blind Vendor under the Randolph-Sheppard Program, (hereinafter, Vendor),

WITNESSETH:

WHEREAS, the SLA has been granted a permit or contract by ___________________________________, for the operation of a vending facility under the Randolph-Sheppard Program on the ___ Federal Property or ___ Non-Federal Property located at _______________________________, a copy of which permit or contract is attached hereto and made a part hereof; and,

WHEREAS, the SLA has offered the Vendor the opportunity to operate the vending facility under the terms and conditions hereinafter set forth; and,

WHEREAS, __________________ is qualified by law to be a Vendor by virtue of having been declared legally blind as a result of information reported by a licensed practitioner of eye care, and having completed other eligibility requirements for participation in the Program; and,

WHEREAS, the Vendor has agreed to undertake the operation of the vending facility under the terms and conditions hereinafter set forth; and,

WHEREAS, the parties do not intend to derogate in any way from responsibilities and rights imposed and granted by applicable federal, state, or local laws or regulations by this agreement.

NOW, THEREFORE, in consideration of the premises, it is mutually agreed as follows:

1. THE SLA will:

1. 1. Equip the vending facility for carrying out the business authorized by the permit or contract as necessary.
   2. Furnish initial stocks of merchandise, supplies, and other necessary and allowable supports, during the initial six months of the assignment, sufficient to enable the Vendor to commence operating the business and maximizing the opportunity for success.
   3. Ensure an effective method for maintain equipment at the vending facility in good repair whereby Blind Vendors are provided rebates for covering a portion of the cost of money spent on repairs.
   4. Replace obsolete and worn-out equipment as necessary.
   5. Provide management services to ensure adequate oversight and supervision to all vending facilities pursuant to 34 C.F.R. 395.3(11)(ii).
   6. Afford the Vendor with an opportunity for upward mobility / continuing education training.
   7. Always comply with the Randolph-Sheppard Act, its implementing regulations, the Business Enterprise for the Blind of Illinois Rules, and Policies and Procedures.
   8. Ensure that the Rules and Business Enterprise for the Blind Policies and Procedures are implemented fairly and uniformly.
   9. Provide written materials to the Vendor in an accessible format.

1. THE VENDOR will:

 

1. Operate the vending facility and be engaged in and responsible for the day-to-day business of the vending facility and shall not enter into a teaming arrangement or subcontract without written approval of the SLA.
2. Abide by all requirements of the Business Enterprise for the Blind Rules and Regulations and Policies and Procedures.
3. Carry on the business of the vending facility in compliance with the terms and conditions of the permit or contract (a copy of which is attached hereto).
4. Comply with applicable health laws / regulations and laws / regulations of other governmental entities with jurisdiction over the operation of this business.
5. Abide by the Vendor Code of Conduct.
6. Be responsible for having the vending facility open for business on the days and during the hours specified in the permit or contract.
7. Be accountable to the SLA for the proceeds of the business of the vending facility, and handle the proceeds, including payments to suppliers and deposits of funds, in accordance with instructions from the SLA.
8. Maintain a neat business-like appearance while working at the vending facility, and will manage the facility in an orderly, business-like manner.
9. Take proper care of the equipment of the vending facility and keep all equipment in operating order through the use of the rebate program and make alterations or changes therein only with written approval of the SLA.
10. Notify the SLA a reasonable time in advance of any voluntary absences from the vending facility, and as soon as possible with respect to any involuntary absences.
11. Provide for continuous operation of the vending facility as may be necessitated by the Vendor’s absence because of illness, vacation, or otherwise. Any additional labor costs incurred as the result of any absences shall be paid by the Vendor.
12. Keep such records and make such reports as the SLA shall require pursuant to the Business Enterprise Program for the Blind Rules and Regulations and/or Policies and Procedures.
13. Agree to enter their vending facility at their own risk. The responsibility for injury they may receive and all related expenses will be assumed by the Vendor.
14. GENERAL
15. The SLA and Vendor will not discriminate on the basis of sex, marital status, sexual orientation including gender related identity, order of protection status, age, physical or mental impairment, creed, race, color, religion, national origin, ancestry, political affiliation, conviction record, military status, unfavorable discharge from military service, or any other classes protected by applicable federal, state, and local laws related to discrimination including 775 ILCS 5 referred to as the Illinois Human Rights Act.
16. The Vendor is self-employed and nothing in this Agreement shall be construed as to constitute an employer / employee relationship nor is the Vendor forbidden from securing other vending business that is outside the scope of the Illinois Business Enterprise for the Blind and this Agreement.
17. The business to be carried on at the vending facility will be limited to that specified and authorized in the permit or contract unless otherwise agreed to by the SLA and property management.
18. The right, title, and interest in and to the equipment of the vending facility are vested in the SLA and will be left at the vending facility or turned over to the SLA on the termination of this Agreement for any reason by either of the parties.
19. The monthly income of the Vendor shall be the net profits of the business of the vending facility for the period in question, less the funds, which must be set aside.
20. The business and premises of the vending facility shall be covered by public liability insurance, Workers Compensation Insurance, and any such other insurance required by permit or law. The cost of such insurance shall be a cost of operating the business of the vending facility and considered as such in determining the net proceeds of the business.
21. The Vendor has the right to appeal any state agency action with which they are dissatisfied by requesting a full evidentiary hearing. Any such requests on the Vendor’s part shall be made in writing addressed to the SLA, within thirty (30) days of notice of the Agency action. If dissatisfied with the results of the evidentiary hearing, the Vendor may request that the Secretary of the U.S. Department of Education convene an arbitration panel to resolve the matter.
22. This Agreement may be terminated at any time by the Vendor by providing thirty (30) days written notice. It shall be automatically terminated upon the revocation or termination of the permit or contract. Additionally, the Agreement may be terminated by the SLA if the business of the vending facility is not conducted in accordance with this Agreement, or with applicable federal, state, or local laws and regulations or the BEP Policies and Procedures. The Agency shall provide thirty (30) days advance notice of terminating this Agreement for cause and shall first afford the Vendor an opportunity for an evidentiary hearing.
23. Attachment A to this agreement shall outline requirements specific to this vending facility such as hours of operations, types of items to be sold, special requirements of property management, and any standard operating procedures if they exist.

By signing this Agreement, the Vendor certifies that the foregoing document has been read to them and that they understand and agree with its contents. They also certify that they understand the provisions of the permit or contract, the SLA rules and regulations, and the BEP Policies and Procedures.

DATE____________________by_______________________________________

Blind Vendor

 

DATE ____________________by____________________________________

Business Enterprise for the Blind Program Administrator

 

DATE____________________by_______________________________________

Chief, Bureau of Customer and Community Blind Services

 

 

Illinois Business Enterprise Program for the Blind

 

SERVICE AGREEMENT

This SERVICE AGREEMENT formalizes an understanding in principle between _____, Blind Vendor at _____, BEPB Facility #___, hereafter called “VENDOR” and the Department of Human Services, Division of Rehabilitation Services “DHS/DRS”, Business Enterprise Program for the Blind (BEPB).  This Service Agreement will transfer responsibility for operating the following Vending Facility to the VENDOR for a period up to six-months in duration from the date of this AGREEMENT.  Following the expiration of the original term, the AGREEMENT shall automatically renew on a month-to-month basis until terminated by either party:

Facility #	Facility Name	Facility Address

It is mutually understood that DHS/DRS will give the VENDOR a notice of thirty (30) calendar days before affecting a transfer.  Likewise, should the VENDOR choose to relinquish management responsibility of this Facility, the VENDOR will give DHS/DRS a notice of thirty (30) calendar days.

This AGREEMENT is between the VENDOR and the Business Enterprise Program for the Blind and does not assign the above Facility to VENDOR’S permanent location.  Therefore, should the VENDOR choose to relinquish management responsibility of the above Facility, DHS/DRS would seek another qualified VENDOR to service the same.  The signatures on this document represent mutual understanding of this relationship.

Inventory and Working Capital

• $_____ represents the total inventory and working capital at this Facility, safe and/or warehouse;
• $_____ represents the total inventory value of the above Facility as of the effective date of this agreement. Upon termination of this agreement, said inventory amount must remain at this Facility; should this Facility become a permanent attachment to VENDOR’S Location, a Change in Value of Inventory form will be completed at that time which includes this inventory amount;
• $_____ represents the total working capital of the above Facility as of the effective date of this agreement. Upon termination of this agreement, said working capital amount must remain at this Facility; should this Facility become a permanent attachment to VENDOR’S Location, a Change in Value of Working Capital form will be completed at that time which includes this working capital amount;
• _____ (Check if appropriate.) VENDOR does not request initial inventory or working capital to manage this Facility.

IT IS MUTUALLY UNDERSTOOD AND AGREED THAT THE SELECTED VEDNOR WILL:

• Agree to provide services as outlined in the Contract between DHS/DRS and the above Facility;
• Agree to comply with all program rules and policies contained in the Policies and Procedures Manual;
• Ensure that in all aspects of management of the business that they do not discriminate on the basis of sex, marital status, sexual orientation including gender related identity, order of protection status, age, physical or mental impairment, creed, race, color, religion, national origin, ancestry, political affiliation, conviction record, military status, unfavorable discharge from military service, or any other classes protected by applicable federal, state, and local laws related to discrimination including 775 ILCS 5 referred to as the Illinois Human Rights Act;
• Submit separate Profit and Loss Statements when required by the BEPB;
• Maintain Vending Cash Pull Sheets and other required book work as DHS/DRS may request; and,
• Receive the net proceeds after all bills are paid monthly.

To ensure compliance, the Business Consultant, _____, will provide management services as required and shall visit the Service Agreement Facility(s) on a _____ basis, and at least quarterly.

 

Effective Date:        _____

 

_________________________	_________________________
VENDOR                           Date	ADMINISTRATOR             Date
	DHS/DRS
	Business Enterprise Program
	for the Blind

 

cc:      Manager, Business Consultant, Accounting Firm, Personnel File, Facility File

 

Illinois Department of Human Services

Business Enterprise Program for the Blind

 

Vendor Code of Conduct

 

As a Licensed Blind Vendor, Trainee, or individual on the Certified for Placement List, I understand my obligation to conduct all aspects of my responsibilities with honesty and integrity and always to present a positive image of the Illinois Business Enterprise Program for the Blind (BEPB) and blind people in general.  This code encompasses my responsibilities at my vending facility as well as any functions I attend in my capacity with BEPB.

 

I AGREE TO THE FOLLOWING:

 

• Deal without deceit and untruthfulness with all customers, employees, suppliers, property management officials, SLA staff, fellow Blind Vendors, and anyone else with whom I have contact in my capacity with BEPB;

 

• Act with due regard for the feelings, wishes, rights, and traditions of customers, employees, suppliers, property management officials, SLA staff, fellow Blind Vendors, and others with whom I have contact in my capacity with BEPB;

 

• Not engage in or permit harassment, violent behavior, threat of violent behavior, intimidation, or other disruptive behavior directed towards another Blind Licensee, Business Enterprise Program staff member, subordinate, client, customer, supplier, property management representative, or other person(s) while conducting business or attending any BEPB function. Possession of weapons is prohibited in or on any state or federal facility, including in vehicles

 

• Maintain a workplace that is free of sexual harassment and any manner of sexual misconduct;
• Ensure an alcohol and drug-free workplace and never be at the facility or any other event I attend in my capacity with BEPB while intoxicated, under the influence of illegal drugs, or under the influence of illegal use of legal drugs;

 

• Embrace diversity and promote full participation while refraining from demeaning, derogatory, harassing, or discriminatory language or conduct;

 

• Do not discriminate in any facet of the business based upon sex, marital status, sexual orientation including gender related identity, order of protection status, age, physical or mental impairment, creed, race, color, religion, national origin, ancestry, political affiliation, conviction record, military status, unfavorable discharge from military service, or any other classes protected by applicable federal, state, and local laws related to discrimination including 775 ILCS 5 referred to as the Illinois Human Rights Act.

 

• Protect the assets of the Illinois BEPB and do not willfully or maliciously damage state-owned equipment or the premises on which the vending facility is located;

 

 

• Act responsibly when posting or reposting on social media by refraining from using profanity, using hate speech or inflammatory language aimed toward any individual or group or category of people, posting unapproved photographs of the vending facility, posting negative comments about customers, grantors, BEPB staff, and others with whom I have a business relationship as the result of managing my vending facility, and never posting pictures or other content not suitable for children;

 

• Comply with all federal, state, and local laws as well as government rules and regulations that have an application to BEPB, including all requirements contained in the Policies and Procedures Manual;

 

• Ensure that my focus will be on providing quality products and excellent customer service;

 

• Use sound accounting and bookkeeping practices and report accurately operational activities, and pay all fees as required in a timely manner; and,

 

• Participate in BEPB sponsored conferences and meetings and contribute in a professional manner while adhering to the standards outlined in this Vendor Code of Conduct.