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State Committee of Vendors

January 12, 2011

Conference Call

6:00 PM to 7:00 PM Eastern Time

Mr. Tom Spiliotis, Committee Chairperson called the meeting to order and Mr. John Klindtworth, Vice Chairperson called role. 

The following Districts were represented, establishing a quorum:

District 1 -- Ms. Georgia Kellogg
District 2 -- Mr. Randy Shuster
District 3 -- Mr. Don Tuell
District 4 -- Ms. Mary Hayes
District 5 -- Mr. Phil Bluschke
District 6 -- Absent
District 7 -- Mr. Tom Saunders
District 8 -- Ms. Shirley Smart
District 9 -- Mr. Joel Rose
District 10 -- Absent

The following Business Enterprise Staff were present:

Mr. Bill Findley, Business Enterprise Bureau Chief
Ms. Maureen Fink, Operations and Management Consultant Manager

The purpose of the Committee conference call meeting was to discuss the following DBS-BBE Policy proposals:

Mr. Findley presented the first policy proposal.

Policy #2.02:  Outstanding Debt Prohibition

SUBJECT
Outstanding Debt Prohibition

EFFECTIVE DATE
Upon endorsement by the Committee and approval by the Division

REVIEW DATE
One year after endorsement by the Committee and approval by the Division

EXPIRATION DATE
This policy will be reviewed annually and updated as needed.

PURPOSE
To prohibit contracted facility operators from bidding on posted business opportunities and from signing a Licensed Operator Facility Agreement (LOFA) for any BBE facility while having an outstanding debt to the BBE Program.  

AUTHORITY
Florida Statute (F.S.): Chapter 413.041, F.S.; and 413.051(12), F.S.
Florida Administrative Code (F.A.C.): Chapter 6A-18.0425; and 6A-18.044 F.A.C.

POLICY
Licensed operators will not be permitted to bid on posted business opportunities, or sign a Licensed Operator Facility Agreement (LOFA), either a Permanent Type I LOFA or a Temporary Type II LOFA, if they have any current outstanding debt owed to the BBE Program.  This includes working capital shortage from any facility, including the current facility, or any money owed to the BBE for any reason. 

Licensed operators will be required to pay off any outstanding debt via a money order or cashier?s check prior to participating in the bid process or signing any LOFA.

If a Working Capital shortage is discovered at the time of a facility changeover, the shortage must be paid in full by the outgoing operator via money order or cashier?s check, prior to the outgoing operator signing a LOFA for any facility.

After discussion, Mr. Tom Saunders made a motion to endorse the policy.  Mr. Joel Rose seconded the motion.  The motion passed unanimously.

Mr. Findley presented the next policy proposal. 

Policy #2.03:  Bid Opportunity and Limits for Operators of Temporarily Closed Facilities

SUBJECT
Bid Opportunity and Limits for Operators of Temporarily Closed Facilities

EFFECTIVE DATE
Upon endorsement by the Committee and approval by the Division

REVIEW DATE
One year after endorsement by the Committee and approval by the Division

EXPIRATION DATE
This policy will be reviewed annually and updated as needed.

PURPOSE
To permit a licensed operator, whose contracted facility is temporarily closed, the opportunity to bid and sign a Type II Licensed Operator Facility Agreement (LOFA), and retain the first right of refusal for their current Type I LOFA.

AUTHORITY
Florida Statute (F.S.): Chapter 413.041, F.S.; and 413.051(12), F.S.
Florida Administrative Code (F.A.C.): Chapter 6A-18.0425, F.A.C.

POLICY
Licensed operators, whose contracted facility is temporarily closed, will be permitted to bid on posted business opportunities, accept and sign a Type II LOFA ONE (1) time while retaining the rights to their closed Type I facility.  At such time when the closed contracted Type I facility reopens, the operator may either return to operate it, or relinquish their right to it and accept and sign a Type I LOFA on the facility they currently hold as a Type II. 

*Note: This policy does not prohibit the same operator from accepting another Type II facility offered by BBE separate and apart from the bid and selection process.

After discussion, Mr. Joel Rose made a motion to endorse the policy.  Ms. Mary Hayes seconded the motion.  The motion passed unanimously.

Mr. Findley presented the next policy proposal. 

Policy #2.04:  Bureau of Business Enterprise Operator Licensure Training Requirement

SUBJECT
Bureau of Business Enterprise Operator Licensure Training Requirement

EFFECTIVE DATE
Upon endorsement by the Committee and approval by the Division

REVIEW DATE
One year after endorsement by the Committee and approval by the Division

EXPIRATION DATE
This policy will be reviewed annually and updated as needed.

PURPOSE
To establish a training requirement for all individuals seeking first time licensure in Florida as well as Florida licensees who have not held a Type I or Type II Licensed Operator Facility Agreement (LOFA) within the most recent five year period.

AUTHORITY
Florida Statute (F.S.): Chapter 413.041, F.S; and 413.051(12), F.S.
Florida Administrative Code (F.A.C.): Chapter 6A-18.041, F.A.C.

POLICY
Successful completion of BBE training is required for all individuals seeking licensure in the Florida BBE program.  An individual licensed from another state, or a licensee from Florida who has not held either a Type I or Type II LOFA within the past five years, must also successfully complete the Florida BBE training. 

After discussion, Ms. Shirley Smart made a motion to endorse the policy.  Mr. Randy Shuster seconded the motion.  The motion passed unanimously.

Mr. Findley presented the final policy proposal. 

Policy #2.05:  Licensed Operator Facility Agreement (LOFA) Commitment Requirement

SUBJECT
Licensed Operator Facility Agreement (LOFA) commitment requirement

EFFECTIVE DATE
Upon endorsement by the Committee and approval by the Division

REVIEW DATE
One year after endorsement by the Committee and approval by the Division

EXPIRATION DATE
This policy will be reviewed annually and updated as needed.

PURPOSE
To improve program stability and provide operators with a twelve month window of opportunity to demonstrate that they can successfully operate a Business Enterprise Program facility.

AUTHORITY
Florida Statute (F.S.): Chapter 413.051(12), F.S.
Florida Administrative Code (F.A.C.): Chapter 6A-18.044; and 6A-18.046(4), F.A.C.

POLICY
Licensed operators who fall into any one of the following three categories must sign a Type I LOFA for a minimum contract period of twelve (12) months on their next Type I facility agreement: 1) Licensed operators who have never operated a facility under a Type I LOFA; 2) Operators whose most recent Type I or II LOFA was cancelled for breach or abandonment; and, 3) Operators who have not actively held either a Type I or Type II LOFA within the past five years and who have successfully completed the required retraining in accordance with Policy #2.04.

After discussion, Mr. Tom Saunders made a motion to endorse the policy.  Ms. Mary Hayes seconded the motion.  The motion passed unanimously.

With the endorsement of Policy #2.02 -- Outstanding Debt Prohibition, the performance review conducted in the Selection Process must be changed.

Ms. Fink presented the following Amendment of the Selection Process Protocol regarding the performance review and point assignment methods:

Performance Review (25 Points)

Credit for Experience:

Six (6) points at the rate of one tenth of one point (0.1) per month under a Type I or Type II LOFA. No extra points are given for persons holding concurrent multiple LOFAs.

Business Consultant Questionnaire:

Ten (10) points for Business Consultant responses to a ten (10) item performance questionnaire.  Each Consultant shall answer the following ten (10) questions concerning the business practices of applicants holding a LOFA in his or her Region during the most current 36 months. 

In the event the applicant has had more than 1 LOFA during the most recent 36 months, the most current Business Consultant shall take the lead in responding to the questionnaire with contributions, as needed, by the Consultants in other Regions.  This does not apply to concurrent Type I and Type II LOFAs.

(1)  Does the Vendor have proof of current business insurance?

(2)  Does the Vendor keep scheduled appointments with you for facility visitations?

(3)  Does the Vendor provide clearly posted contact information at the facility and all vending machines comprising the facility?

(4)  Are all products maintained at correct temperatures? This includes freezers, refrigerators, dry storage areas and vending machines.

(5)  Has the Vendor resolved all valid complaints sent to you in writing by the host agency?  (The absence of such complaints must be scored in the affirmative.)

(6)  Does the Vendor maintain an inventory to the levels necessary to support sales expectations of the facility?

(7)  Have all documented cleaning or sanitation deficiencies been permanently corrected?

(8)  Have all reports from suppliers involving unpaid invoices been resolved?

(9)  Does the Vendor have all licenses and permits required by law?

(10)  Does the Vendor comply with the requirement of maintaining a reasonable managerial presence at the facility?

Documentation is required for all ?no? responses and may include, but not be limited to, copies of Facility Visitation Reports, Food Service Inspection Reports, Property Owner Correspondence and/or Customer Complaint Letters. 

If there is no documentation, then the ?yes? response must be checked. 

In the event a Business Consultant has less than 36 months tenure in the position, he or she will review any visitation reports or other pertinent documents for the months outside of his or employment.

The ten (10) points shall be awarded or prorated by the following methods:

Ten (10) points achievable for a Vendor under a LOFA for the most recent 36 consecutive months.  Each ?yes? response by the Consultant shall earn the vendor one (1) point. 

For vendors with less than 36 months under a LOFA, the achievable points will be calculated by multiplying number of ?yes? responses times the actual number of months under LOFA divided by 36 months.

If an applicant is not holding a LOFA at the time of the performance review, no points shall be achievable in this category.

Meeting Net Profit Requirements:

Nine (9) Points for meeting net profit requirements for the most recent thirty six (36) consecutive monthly business reporting periods a vendor has held a Type I Licensed Operator Facility Agreement (LOFA) or newly licensed vendors who have only held a Type II LOFA.  Each twelve (12) month period shall be valued at three (3) achievable points in the following manner:

(1) Three (3) points for meeting the annualized net profit required by the Type I LOFA, across the consecutive twelve (12) month period.

(2) One quarter (.25) point for each month the targeted net profit is achieved for any consecutive twelve (12) month period with changes in LOFA types or less than twelve (12) months duration.

(3) Any vendor who has one (1) or more missing reports during one consecutive twelve (12) month period will result in zero (0) points for that period.

After discussion, Mr. Joel Rose made a motion to endorse the proposed changes to the Selection Process Protocol, effective with the January 2011 selection cycle.  Mr. Randy Shuster seconded the motion.  The motion passed unanimously.

The meeting was adjourned at approximately 7:00 PM, Eastern Time.

Florida Bureau of Business Enterprise

Providing Tools and Support for Legally Blind Vendors in the Food Service Industry