Agreement Number: California Department of Corrections and Rehabilitation Bid Number: Purchase of CANDY

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1 Purchase of CANDY 1. Introduction The Contractor shall provide, on a statewide basis, all labor, materials, supplies, transportation and equipment necessary to provide the following to the California Department of Corrections and Rehabilitation (CDCR) in the size and packaging requirement(s) listed below. SPECIFICATION REQUIREMENTS 1. Almond Joy Candy Bar 1.61 Ounce Bars 2. Baby Ruth Candy Bar 2.1 Ounce Bars 3. Butterfinger Candy Bar 2.1 Ounce Bars 4. Hershey s Milk Chocolate with Almonds Candy Bar 3.5 Ounce Bars 5. Hershey s Milk Chocolate Candy Bar 3.5 Ounce Bars 6. Snickers With Almonds 1.76 Ounce Bars 7. Milky Way Candy Bar (Regular and Midnight) 2.05 Ounce Bars 8. Milk Duds 1.85 Ounce Box Individual Boxes of Candy in Cardboard Box

2 9. Nestle Crunch Candy Bar 1.55 Ounce Bars 10. PayDay Candy Bar 1.85 Ounce Bars 11. Snickers 2.07 Ounce Bars Musketeers Candy Bar 2.13 Ounce Bars 13. M & M s Peanut Chocolate Candies 1.74 Ounce Bags Bags of Candy in Cardboard Box 14. M & M s Plain Chocolate Candies 1.69 Ounce Bags Bags of Candy in Cardboard Box 15. Reese s NutRageous 1.8 Ounce Bars 16. Reese s Peanut Butter Cups 1.5 Ounce Bag Individually Wrapped Bags in Cardboard Box 17. Skittles Bite Size Candies Original (Deleted due to Article 43)* 2.17 Ounce Bags Bags of Candy in Cardboard Box 18. Hershey Take Ounce Bar 19. Caramel Twix 2 Ounce Bar - 2 -

3 20. Big Hunk 2 Ounce Bar 21. Chic O-Stick 2 Ounce Wrapped / 2 Sticks per Package in Cardboard Box 22. Whoppers 5 Ounce Box Individual Boxes of Candy in Cardboard Box 23. Red Vines Licorice (Deleted due to Article 43)* 5 Ounce Trays Cardboard Tray Wrapped in Cellophane 24. Jelly Beans (Assorted Flavors) (Deleted due to Article 43)* Acceptable Ounce Range: 3 Ounce through 8 Ounce Acceptable Manufacturers/Brands: Sheri Candy E.Z. Digby s Sathers Candy Cathy s Candy Snack Stop Candy 25. Tootsie Rolls 240 Per Box, 8 Boxes Per Case Individually Wrapped Rolls in Cardboard Box 26. Tootsie Roll Pops (Assorted Flavors) 100 Per Box, 10 Boxes Per Case Individually Wrapped Suckers in Cardboard Box 27. Tootsie Roll Midgets 360 Per Bag, 38.8 Ounce Bag, 12 Bags Per Case Individually Wrapped Rolls in Plastic Bag 28. Go Lightly Sugar Free 2.75 Ounce Cellophane Bags, 12 Bags Per Case Acceptable Flavors: All Available - 3 -

4 29. Go Lightly Sugar Free 2.75 Ounce Cellophane Bags, 12 Bags Per Case Acceptable Flavors: Vanilla Caramels Fudge Rolls Assorted Toffees 30. Go Lightly Sugar Free Bulk 15 lb box, 3-5 lb Bags Per Case Acceptable Flavors: All Available 31. Jolly Ranchers Sugar Free (Assorted) 3.6 Ounce Cellophane Bags, 12 Bags Per Case *Per Article 43, item has been deleted to meet Institutional Regulations. A map of CDCR s institution locations (Exhibit E) is attached. Services include, but are not limited to, sales and timely delivery to all Inmate Services Canteens located in or within California correctional facilities and camp warehouses throughout the State. Each institution shall be required to purchase solely from this Statewide Master Contract for all Inmate Services Canteens. 2. Contractor Responsibilities The Contractor MUST ensure that any and all subcontractors meet all State requirements. The Contractor is responsible for any and all sub-contracted work. The Contractor must supply the brands, sizes, and packaging as stipulated in this contract. There will be no substitution of brands, sizes or packaging unless the brands, sizes or packaging become unavailable (discontinued) to the Contractor by the manufacturer or are no longer available at the price negotiated with the manufacturer. The Contractor MUST request, in writing, a brand, size, or packaging substitution at the original contract price. The CDCR reserves the right to accept or reject a brand, size or packaging substitution. The Contractor MUST submit the written request to: California Department of Corrections and Rehabilitation Office of Business Services, Procurement Section Attention: Manager, Procurement Liaison Unit (PLU) P.O. Box Sacramento, CA

5 The written request MUST include a manufacturer s written notification of product change or discontinuance, or price increase, Contractor s recommendation for a comparable product, AND product and packaging samples. Unless otherwise waived or reduced, the written request MUST be submitted at least 30 days prior to the brand, size or packaging becoming unavailable. If the Contractor fails to notify CDCR at least 30 days prior to the brand, size or packaging becoming unavailable, CDCR reserves the right to cancel the contract. At no time will CDCR pay more than the original contract price for a substituted brand, size or packaging. Should the Contractor recommend a brand, size or packaging substitution that has a lower manufacturer s list price, the Contractor shall provide the substituted brand, size or packaging at a correspondingly lower contract price. Should the Contractor recommend a brand, size or packaging substitution that has a higher manufacturer s list price, the Contractor shall provide the brand, size or packaging at the original contract price. All products and/or cases MUST be date stamped to meet industry standards and have a shelf life of at least (6) six months. All products or multi-packs MUST be individually bar coded. Bar codes cannot be changed without notifying the Manager of the PLU in writing at the address above. Notification must occur at least 30 days prior to the bar code change. Failure to notify may result in lengthy delays in payment without penalty from the State. It is the Contractor s responsibility to hire or contract for carriers who will maintain a fleet of trucks that can pass a vehicle inspection and employ drivers who can pass a California Law Enforcement Telecommunications (CLETS) check. All Contractor personnel (including any subcontractors) MUST receive security clearances from the institution by providing the full names of all personnel, their dates of birth, driver s license numbers, and social security numbers. Gate clearance policies vary from institution to institution; however, a minimum of ten (10) working days notice MUST be given to each institution. 3. Orders An order, which is a minimum of five (5) cases, may be placed by telephone by institution staff. Each individual institution will place orders directly with the Contractor. A written confirmation order to the Contractor will immediately follow on a STD 65, Contract/Delegation Purchase Order. The Contractor MUST confirm each order (by fax) within 24 hours of receipt of the telephone order. Institution Information (Exhibit F) lists each institution s shipping address, billing address, receiving hours, telephone numbers and fax numbers. The Contractor MUST deliver the commodity within six (6) working days after receipt of the order. If the Contractor is unable to fill the order within six (6) working days, CDCR reserves the right to purchase the commodity outside the contract from another vendor and shall be reimbursed by the Contractor for any additional costs above the contract price

6 Institutions may request that orders be shipped in their entirety rather than in multiple shipments. Institutions not wanting multiple shipments may stipulate on the purchase order NO PARTIAL SHIPMENTS ACCEPTED. Purchase orders stating such must be shipped in their entirety within six (6) working days after receipt of the order. In accordance with the Interstate Commerce Commission (ICC) standards, CDCR reserves the right not to accept orders that are damaged (hidden or concealed). The Contractor has six (6) working days from receipt of verbal or written notification of damage to replace the commodity. Failure to do so shall result in CDCR exercising its authority and right to purchase the commodity from another Contractor. 4. Packaging The exterior packaging MUST show the contents and the purchase order number. All packaging is to conform to the applicable freight classifications, ICC and/or postal regulations and is to be of a quality to assure final delivery without damage to the contents. All packages must be sealed or shrink-wrapped to ensure the package contents are intact. 5. Delivery The Contractor MUST be able to provide, if needed, delivery trucks with lift gates and any other equipment required for the delivery of orders including pallet jacks. The Contractor must use size 48 x 40 four-way hardwood pallets that are compatible with pallet jacks. CDCR WILL NOT provide exchange pallets for the deliverer. All deliveries shall be made during normal working days, Monday through Friday excluding State holidays, and during the hours listed on Exhibit F. Some deliveries will be made outside the perimeter fence of the institution and some inside. There could be significant delays while entering and exiting the institution. All deliveries as well as all vehicular traffic entering or leaving the institution shall be subject to inspection by the institutional staff. The Contractor should be prepared to schedule deliveries with sufficient time in the event that the carrier is delayed at the institution. Any costs associated with checking employees and/or vehicles in and out of the institution or the inspection of deliveries shall be borne by the Contractor. 6. Contract Extension CDCR reserves the right to extend the contract term for up to an additional twelve (12) months upon mutual written agreement of both parties. If the contract is amended to extend the term, CDCR may allow the Contractor a one-time increase in rates. The Contractor MUST provide verifiable proof to the Manager, PLU, of a price increase and its effective date in the form of a general public announcement from the manufacturer. The request MUST be in writing and approved by the Manager, PLU, prior to an increase in the rate. CDCR reserves the right to reject the request. No price increase shall apply to quantities ordered from the contract prior to the effective date of an approved price increase

7 7. Contractor Evaluation CDCR will perform an ongoing evaluation of the Contractor s compliance with all requirements specified in the contract. The evaluation criteria shall include, but is not limited to, problems encountered during the contract, future performance and any other subjects relating to the ordering, packaging, delivery, etc. 8. CDCR Contract Coordinator Any questions relating to the performance of this contract should be addressed to: Sabrina Donelli (916) (916) (Fax) Sabrina.Donelli2@cdcr.ca.gov - 7 -