SFA TO SFA VENDED MEALSAND

CONSOLIDATION OF SCHOOL NUTRITION PROGRAMS

SCHOOL YEAR 2020-2021

TODAY’S WEBINAR

This recorded webinar is available through SNEARS (School Nutrition Electronic Application and Reimbursement System) under the “Trainings” heading

The power point slides for this webinar are available in SNEARS “Resources” under the Training Presentations tab

Forms referenced in this webinar are available in SNEARS “Resources” under the Vended Meals Documents tab

“Resources” and “Trainings” in SNEARS are accessible to everyone, even if not one of the five School Food Authority (SFA) designated authorized users in SNEARS

Questions can be submitted to: DFNcontracts@ag.nj.gov

LEARNING OBJECTIVES

Understand contracts for School Food Authority to School Food Authority (SFA to SFA) Vended Meals

Understand the Agreement for SFAs to Consolidate School Nutrition Programs with another SFA

Understand the responsibility of both parties in each of the above agreements

Understand the process for submission to the State Agency (SA)

Receive approval from the SA

SFA TO SFA VENDED MEALS OVERVIEW

A “Vending SFA” prepares meals for a “Recipient SFA” Vending SFA can provide meals only to the “Recipient SFA”. No

on-site labor or other services can be provided by the Vending SFA

Vending SFA must provide complete meals (with or without milk only). No other component of the meal can be excluded, i.e. fruit or vegetable

Recipient SFA must designate an employee who is responsible as the food service director for the program

The State Agency SFA to SFA Contract must be used (Form #56) Contracts are effective for one year only

If the Recipient SFA does not have sufficient labor to operate the School Nutrition Program (SNP), the SFA must either procure a food service management company (FSMC) contract or Consolidation Agreement

PROFESSIONAL STANDARDS

Recipient SFAs receiving vended meals must designate an employee who is responsible as the food service director for the program

Minimum Professional Standard training requirements/hours must be met for the designated food service director and all SFA staff who work regularly with the meal program

SFA must document training activities

Detailed information on Professional Standards requirements, including a training tracking tool and informational webinar is available in SNEARS

PROCUREMENT REQUIREMENTS

A Recipient SFA contracting for vended meals with a Vendor SFA is not exempt from procurement requirements

SFA Procurement requirements include:

A written Code of Conduct for Procurement

Procurement procedures

Templates available in SNEARS/Resources/Procurement:

Procurement Procedures for SFAs (#326)

Sample Code of Conduct for Procurement (#327)

Sample Procurement Procedures for SFAs (#383)

SAMPLE SFA-SFA CONTRACT (Form #56)

Sample contract can be found in:

School Nutrition Electronic Application & Reimbursement System (SNEARS)

Resources

Vended Meal Documents

The sample contract is a roadmap as to what will be needed when information is entered into ECAS

Do not complete and submit hard copy of form. It is for reference only

Recipient SFA will use the Electronic Contract Approval System (ECAS) to enter Contract

Updates to ECAS are currently in progress

To ensure accurate completion of ECAS processes, Recipient SFA should not submit contract until after May15, 2020

Contract submission deadline is June 30, 2020

Public and charter schools must have Board of Education approval before submitting SFA to SFA contract

SFA TO SFA VENDED MEALS CONTRACT SUBMISSION

RECIPIENT SFA must complete contract template in ECAS following directions on each screen

Access to ECAS is available after signing into SNEARS

SA approval, non approval and other notification emails will come through ECAS

SFA should verify that the certifier and alternate certifier email addresses in SNEARS are correct to ensure emails sent through ECAS are received

SUBMISSION OF CONTRACT FOR SA APPROVAL (CONT.)

Changes or amendments to SFA to SFA contract are not allowed

SFAs cannot sign any other SFA to SFA contract either in place of or in addition to the SA contract

Sections in the contract where the SFA must choose an option (“SFA Must Check”) and/or indicate information in a “blank space” MUST be completed in order to receive approval

Contracts missing information will not be able to move forward in ECAS

Contracts will be tracked with a unique contract approval number

COMPLETING THE CONTRACT TEMPLATE IN ECAS

Things to consider before completing contract:

Use current meal count numbers to estimate number of meals needed

Determine delivery time and methods

Take into consideration any changes that will take place in the upcoming year

Examples are:

Adding additional classrooms or sites

Adding Breakfast or After School Snacks

Breakfast in the classroom (Service change)

Next slides will go through each section of the contract to assist in completion

SECTION 1-PURPOSE AND TERM

The purpose of the contract is for the Recipient SFA to purchase meals for its food service program from the Vendor SFA

Vendor SFA will provide the vended meals to the Recipient SFA’s school site(s) stated in the contract

The term of the contract is for one year only from:

TO TOJuly 1 June 30

SECTION II - MEAL REQUIREMENTS

Vendor SFA will provide the following meals that meet all requirements set forth in regulations:

(Check all that apply): Lunch – 7 CFR Section 210.10

Breakfast – 7 CFR Section 220.8

After School Snacks – 7 CFR Section 210.10

At Risk After School Meals (Dinner) 7 CFR Section 226.20

SECTION III – MILK

Check one: Vendor SFA will provide meals with milk

or Vendor SFA will provide meals without milk

Recipient SFA will purchase milk separately*

*Note: milk must be properly procured

SECTION IV - MENUS

Vendor SFA will provide meals on the following days of the week:

Check applicable days of the week

Vendor SFA will provide menus. Recipient SFA must:

Check frequency (weekly, biweekly, monthly)

Check how far in advance of effective date menus will be provided (5, 10, or 30 days)

Check advance notice time required for Recipient SFA to request additional items from Vendor SFA

SECTION V - DELIVERY

Delivery of meals (Check one):

Vendor SFA will deliver meals

Recipient SFA will pick up meals

Delivery slips are required to count and verify meal components, food temperatures and any discrepancies that must be addressed and corrected

SA sample forms or locally developed delivery slips can be used. The updated SA forms are:

SFA-SFA Vended Meal Delivery Ticket Pre-plate (Form #114SFAPreplate)

or SFA-SFA Vended Meal Delivery Ticket Bulk

(Form #114SFABulk)

SECTION VI – PACKAGING

Indicate how Vendor SFA will provide meals:

Unitized (prepared individual unitized meals in appropriate containers)

Bulk quantities in appropriate containers

Indicate if any other items are required with meals: Eating utensils, condiments, paper goods, serving

utensils, disposable meal trays, other items

If no other items are required, indicate “None”

SECTION VII - USDA FOODS

Meal prices in the contract must not include a credit for USDA foods

Indicate the following: Vendor SFA will not utilize the Recipient SFA’s USDA

foods or

Vendor SFA will utilize the Recipient SFA’s USDA foods and will give a per meal credit of: $ enter amount

SECTION VIII - BUY AMERICAN

Vendor and Recipient SFAs must meet Buy American requirements, including that:

Domestic grown and processed foods are used to the maximum extent possible

Recipient SFA is required to monitor SFA vendor compliance with the Buy American Provision

SFA to SFA contract template for 2020-2021 includes updated and expanded language regarding Buy American procedures

For more information, refer to the USDA Buy American Fact Sheet posted in SNEARS/Resources/Procurement

SECTION IX – BILLING

Vendor SFA must submit a written invoice to Recipient SFA on a monthly basis

Recipient SFA will make payment to vendor SFA within (choose one): 35, 45 or 60 days

SECTION X - CHARGES

Meal prices for each meal type must include delivery

The Recipient SFA must complete the following information by meal type and grade group:

Unit price per meal

Estimated number of meals per day

Number of serving days Annual estimated cost by meal and total cost will

calculate automatically in ECAS

SECTION X. CHARGES SCREEN

SECTION XI – LABORSECTION XII – HEALTH & SANITATION

Labor No on-site labor can be provided by the Vendor SFA or

FSMC operating the food service program at the Vendor SFA

Health and Sanitation Vendor SFA will maintain applicable State and local

health certifications

Vendor SFA will follow Hazard Analysis Critical Control Point (HACCP) procedures

Vendor SFA will keep and maintain all HACCP food safety records

SECTION XIII – RECORD KEEPING

Recipient SFA will maintain daily production records. Vendor SFA will complete applicable sections or provide required info to Recipient SFA

Vendor SFA will provide records such as standardized recipes, nutrition fact labels, Child Nutrition (CN) labels, manufacturer product formulation statements, etc. for all meals

Vendor SFA agrees to allow access to all documentation related to this contract and retain all records for a minimum of three years from the date of final payment

SECTION XIV – CLAIMS FOR REIMBURSEMENTSECTION XV - TERMINATION

Claims for Reimbursement

Recipient SFA is responsible for point-of-service meal counts and completing and submitting claims for reimbursement

Termination

Either Party may cancel this contract at any time by giving 30 days written notification to the other party. (See contract for specific contract language)

SECTION XVI – RECIPIENT SFA SCHOOLS RECEIVING VENDED MEALS

For each school under Recipient SFA, complete:

Name and address of school

School type (ES, MS, HS, ungraded)

Meal Pattern grade grouping (K-5, K-8, 6-8, 9-12)

Vended Meals that will be provided at the school (Breakfast, Lunch, Snack, Dinner)

CERTIFICATION STATEMENTS AND FINAL CONTRACT

After information is entered into ECAS and pre-approved by the SA, a Certification and Agreement Page can be printed from ECAS

Signature page includes certification statements and must be signed by both School Business Administrators/Administrators

Final approval will take place after signed document is uploaded

Recipient SFA must print contract and signed certification document. Keep a copy and provide a copy to the Vendor SFA

Appropriate documentation (including but not limited to contract, delivery receipts and production records) must be maintained at the recipient SFA for 3 years after the current year

CONSOLIDATION AGREEMENT OVERVIEW

The Consolidation Agreement is a document where by all legal and financial authority, duties and obligations associated with operating the School Nutrition Programs are transferred from the Relinquishing SFA to the Sponsor SFA

The Sponsor SFA accepts ALL legal and financial authority, duties and obligations associated with operating the Relinquishing SFA’s School Nutrition Programs

Obligations and duties include but are not limited to:

Determining eligibility for free and reduced price meals

Meal counting and claiming reimbursement

Maintaining all SNP records

Planning menus and production records

Overseeing revenue and expense

See detailed list of obligations and duties in the Agreement

SAMPLE CONSOLIDATION AGREEMENT (FORM #72)

Sample Agreement (#72) can be found in:

School Nutrition Electronic Application System (SNEARS)

Resources

Vended Meal Documents

The sample agreement is a roadmap as to what will be needed when information is entered into ECAS

Do not complete and submit hard copy of form. It is for reference only

SPONSOR SFA MUST ENTER INFORMATION AND SUBMIT CONSOLIDATION AGREEMENT IN ECAS

RELINQUISHING SFA CANNOT COMPLETE THE CONSOLIDATION AGREEMENT

Note: The Sponsor SFA must also add the Relinquishing SFA as a site in the Application Packet under “Site Details” in SNEARS before starting the agreement

SUBMISSION OF CONSOLIDATION AGREEMENT IN ECAS

Sponsor SFA will use the Electronic Contract Approval System (ECAS) to enter consolidation agreement

Updates to ECAS are currently in progress

To ensure accurate completion of ECAS processes, Sponsor SFA should not submit Agreement until after May15, 2020

Agreement submission deadline is June 30, 2020

Public and charter schools must have Board of Education approval before submitting Consolidation Agreement

Additional documents may be required

CONSOLIDATION AGREEMENT SUBMISSION IN ECAS(CONT.)

SPONSOR SFA must complete Agreement template in ECAS following directions on each screen

Access to ECAS is available after signing into SNEARS

SA approval, non approval and other notification emails will come through ECAS

Sponsor SFA should verify that the certifier and alternate certifier email addresses in SNEARS are correct to ensure emails sent through ECAS are received

COMPLETING THE CONSOLIDATION AGREEMENT TEMPLATE IN ECAS

Numbers 1-5 on Agreement template:

1. Relinquishing SFA transfers authority to Sponsor SFA & effective dates

2. Relinquishing SFA address

3. Sponsor SFA address

4. Sponsor SFA Agreement Number

5. Relinquishing SFA is (check appropriate box):

Public or Non-Public (DOE ID#)

CONSOLIDATION AGREEMENT #6 AND #7

6. Sponsor SFA shall assume authority, duties and obligations for the following programs (check all that apply):

Lunch – 7 CFR Section 210.10

Breakfast – 7 CFR Section 220.8

After School Snacks – 7 CFR Section 210.10

At Risk After School Meals (Dinner) 7 CFR Section 226.20

7. Food service employees of the Relinquishing SFA will be employed by (check appropriate box):

Relinquishing SFA

Sponsor SFA

Sponsoring SFA Food Service Management Company

CONSOLIDATION AGREEMENT- #8

8. In the event the Sponsor SFA is not in session and the Relinquishing SFA is in session, indicate choice:

Reimbursable meals will not be served or claimed

Relinquishing SFA will provide meals and record meal counts by eligibility category

Sponsoring SFA will provide and record meal counts by eligibility category

Relinquishing SFA will provide non-reimbursable meals and meals will not be claimed for reimbursement

Sponsoring SFA will provide meals and Relinquishing SFA will record meal counts by eligibility category

CONSOLIDATION AGREEMENT- #9 AND #10

9. All legal and financial authority, duties and obligations associated with operating the School Nutrition Programs designated are transferred from the Relinquishing SFA to the Sponsor SFA

10.The Sponsor SFA accepts all legal and financial authority, duties and obligations associated with operating the Relinquishing SFA’s School Nutrition Programs

See list of obligations and duties in Agreement document

CONSOLIDATION AGREEMENT #11, #12 and #13

11. The parties agree to cooperate fully with each other in the performance of this agreement and will meet on a quarterly basis to discuss the status, and to amicably resolve any issues associated with the School Nutrition Programs

12. The agreement remains in effect for a 1 year term unless terminated by notice (60 days) from one party to the other

13. List the Relinquishing SFA Schools including:

School name and address

School type (ES, MS, HS, Ungraded)

Meal pattern grade group (K-5, K-8, 6-8, 9-12)

Meals provided (Breakfast, Lunch, Snack, Dinner)

FINAL CONSOLIDATION AGREEMENT

After all information is entered into ECAS and pre-approved by the State Agency, the Certification and Agreement Page can be printed from ECAS and must be signed by both School Business Administrators/Administrators

Final approval will take place after signed document is uploaded into ECAS

Sponsor SFA will receive final approval email

Sponsor SFA must print Agreement and signed certification document, keep a copy on file and provide a copy to the Relinquishing SFA

Appropriate documentation must be maintained by the Sponsor SFA for 3 years after the current year

ACCESSING FORMS AND WEBINARS

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FOR AUTHORIZED USERS IN SNEARS:

Forms, go to:SNEARS/Resources/Vended Meal DocumentsSNEARS/Resources/Procurement

Recorded webinars, go to:SNEARS/Training

Webinar power point presentations, go to:SNEARS/Resources/Training Presentations

TRAINING/RESOURCES ACCESS FOR EVERYONE ELSE

The general public can access links (see arrow below) for Resources and Trainings from the NJDA’s School Nutrition Programs webpage at:

https://www.state.nj.us/agriculture/divisions/fn/childadult/school.html

CONTACT INFO

For questions regarding contracts/consolidation agreements/procurement for school year 2020-2021, contact the Contract/Procurement Unit of the School Nutrition Programs by email at:

DFNcontracts@ag.nj.gov

For general school nutrition program questions regarding meal patterns, student eligibility, administrative reviews, etc. contact the School Nutrition Unit at:

609-984-0692

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SFA-SFA VENDED MEALS AND CONSOLIDATION AGREEMENT

This webinar can count toward 1 hour of professional standards training:

Key Area- Operations

Learning Topic- Purchasing/Procurement

Topic Code – 2400

Department of Agriculture

School Nutrition Programs

609-984-0692

www.nj.gov/agriculture

USDA is an equal opportunity provider and employer

THANK YOU FOR PARTICIPATING

Disclaimer: This presentation was provided as technical assistance to provide a general framework of the process of SFA to SFA vending or Consolidation Agreements. SFAs are advised to review all reference materials and applicable federal, state and local law to ensure compliance. In addition, seeking legal counsel or advice is recommended when procuring a contract/agreement of any kind

QUESTIONS

Send questions by email to: DFNcontracts@ag.nj.gov