COUNTY OF ROCKLAND Department of General Services Purchasing Division

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COUNTY OF ROCKLAND Department of General Services Purchasing Division Title: Foods-Milk and Milk Products Contract Period: October 3, 2016 through October 2, 2017 Original Date of Issue: October 3, 2016 Date of Revision: BID No: Catalog: Authorized Users: Foods & Water Jail, All Political Subdivisions Address Inquires To: Name: Ellery Hochman Title: Purchaser II Phone: 845-364-2984 Fax: 845-364-3809 E-mail: hochmane@co.rockland.ny.us Description This contract is to provide milk and milk products. Contract # Vendor Number Contractor & Address Telephone No. BID F16-910 0000014783 Byrne Dairy Box 176 Lafayette, NY 13084 Contact: Thomas Ruffrage tom.ruffrage@byrnedairy.com 315-475-2111 Ext. 2322 FAX: 315-471-0930 Prices listed are original bid prices, prices change on a monthly basis. PAGE 1 OF 8

Proposal Page 1 LINE NO. GROUP A 1 Milk Homogenized-Grade A Bulk 2 Milk Homogenized-Grade A Quart Container 3 Milk Homogenized-Grade A Gallon Containers 4 Low Fat Milk, 2% Milk Fat Homogenized-Grade A 1/2 Pint Containers 5 Lactose Free Milk 1/2 pint Containers Lactaid or approved equal 6 Skim Milk 1/2 Pint Containers COUNTY OF ROCKLAND DGS PURCHASING DEPARTMENT BLDG. A, 2ND FLOOR, 50 SANATORIUM ROAD POMONA, NY 10970 TELEPHONE NO.: 845-364-3820 FAX NO.: 845-364-3809 2016 OCTOBER PRICES VENDOR: BYRNE DAIRY DESCRIPTION ITEM NUMBER PKG. UNIT PRICE (OCTOBER PRICES) BRAND NAME, MODEL OR STOCK NO. AND PRODUCT CODE NUMBER (MUST ENTER ALL PRODUCT INFO) 38075900001 20 QTS. BULK PAK (Bag of 20 Qts.) $14.0869 20 Quart Bag 38075900002 16/1 QT. $0.8343 QUART 38075900005 4/1 GAL. $2.8475 GALLON 38075900003 50/ 1/2 PT. $0.1906 1/2 PINT 38075920002 20 / 1/2 PT. $0.60 1/2 PINT 38075720002 50/ 1/2 PT. $0.1687 1/2 PINT BYRNE #550 BYRNE #300 BRYNE #20 BYRNE 537 LACTOID #304 BYRNE #500 7 Chocolate Milk Fat Free ½ Pint Containers GROUP B 8 Cottage Cheese Creamed 9 Cream, Heavy Grade A, Fresh 10 Cream, Sour Pasteurized 38075280001 50/ 1/2 PT. $0.1787 1/2 PINT 38015210001 5 LB. $5.5610 5 POUND TUB 38030010001 QT. $2.9797 QUART 38030720002 5 LB. $4.9407 5 POUND TUB BYRNE #385 BYRNE #231 BYRNE #395 BYRNE #735 11 Tetra-Pak Grade A - Half & Half 38030420001 400 INDIV. 3/8 OZ/CTN. $10.3038 CARTON BYRNE #980

GENERAL SPECIFICATIONS PAGE: 7 1. SCOPE 1.1. The scope of this bid is to supply milk and milk products for the Rockland County Correctional Center. 2. GENERAL 2.1. PLEASE READ THE BID CAREFULLY!!! 2.2. FAILURE TO COMPLY MAY RESULT IN BID BEING DECLARED NON-RESPONSIVE AND DISQUALIFIED. 2.3. The County of Rockland reserves the right to cancel this bid with thirty days notice for any reason. The County of Rockland also reserves the right to rescind any award for poor service, quality, or any other valid reasons. 3. REQUIREMENTS 3.1. Receipt Confirmation Form must be returned within five working days of receiving the bid. Do not send with bid. 3.2. All affidavits must be completely filled out, notarized, signed, and returned with bid. 3.3. The Affirmative Action Plan form, Disclosure of Supplier Responsibility Statement and the Certification of Compliance with the IRAN Divestment Act forms must be completed, notarized, signed, and returned with bid. 3.4. Certificate of Experience form must be completed with a minimum of three references, signed, and returned with bid. 3.4.1. References submitted shall be for contracts similar in nature to the specifications listed in this bid, preferably contracts with Correctional Facilities. 3.5. Please type or print legibly in blue or black ink. Pencil will not be accepted. If we are unable to read the information, that item will be rejected. Whiteout or crossed out information is unacceptable. 3.6. Bids must be on original bid form. No photocopies accepted. 3.7. Bid only what you can supply. If unable to supply product, after award, you may be disqualified from bidding. 3.8. Bid only one item to a line. If bidding item and an alternate, use separate pages. 3.9. All items must have brand name. Packers label not acceptable. 3.10. Brand names, model or stock numbers and product code numbers are to be entered in brand column. 3.11. Do not put total price in unit price column, enter only unit price. 3.12. Rockland County s item number and purchase order number (when applicable) must be referenced on all packing slips and invoices. 3.13. Please allow enough time when sending bids to be received by bid opening date.

PAGE: 8 3.14. Bidder shall perform all services and provide all milk and milk products in conformance with all Federal, State and Local Laws and Regulations. 4. QUANTITIES/SIZES 4.1. All quantities shown are estimates based on previous usage. The successful bidder will be required to furnish quantities even if different than those used whether it be more or less during the term of the contract. 4.2. Price bid must be per unit. Check unit sizes. It is the bidder s responsibility to note any changes in packaging or product sizes or weights (entering such changes in red or other color will call our attention to the change). If this is not done, we shall presume bids are as specified. 4.3. We do not accept any conditional bids (i.e.: minimum quantities, minimum dollar amount orders). 4.4. Bid the weight that is requested. If bidding another size package, you must note the weight of the package you are bidding. If you do not change package size, you will be expected to deliver size requested. 5. DELIVERIES 5.1. Delivery dates must be adhered to. Vendors must deliver correctly and on time. No split shipments. Failure to deliver on time may result in default of bid. Schedule of Deliveries: Correction Center Monday, Wednesday and Friday 5.2. For delivery at the Rockland County Correctional Center, Vendor must provide a listing of drivers (name, and driver s license number) that will deliver to the Correctional Center. This information is used for the purpose of background checks. 5.3. All orders must be filled in their entirety. If the successful bidder cannot do this, it is his responsibility to notify the Correctional Center. If the successful bidder fails to do this, the County of Rockland may purchase from other sources to take the place of the items not delivered. The County of Rockland will then purchase products on the open market and charge back the difference to the vendor. 5.4. If deliveries are short shipped, supplier must make delivery of such items during the same delivery week. Failure to do so may disqualify the vendor from the item or the entire bid. 5.5. The effective dates of award are based on purchase order dates and are not based on delivery dates. All orders placed during the effective dates of award will be invoiced at bid prices regardless of delivery date. 5.6. All items awarded must be delivered as specified. Brands and product numbers must be as noted on bid award. 5.7. Vendor agrees to pick-up any damaged goods or incorrect shipments prior to, or during, next delivery. The Purchasing Department shall advise vendor in writing of goods to be picked up and returned. Receiving Department may refuse delivery if pick-up is not made.

PAGE: 9 6. SAMPLES 6.1. Samples may be required to evaluate bid. Bidder shall send samples within 5 business days of receiving request. 7. QUALITY ASSURANCE PROGRAM 7.1. Vendor agrees to participate in the County of Rockland s quality assurance program. Vendor agrees to meet with the Director of Purchasing within 72 hours notice to address problems related to product and/or service. Failure to meet with the Director, and outline corrective actions, will result in repeal of award. 8. LICENSES 8.1. Any required licenses shall be submitted with bid or within five (5) business days of request by County of Rockland. 9. AWARD 9.1. Award shall be made, in its entirety, to the lowest responsible bidder. 9.2. All items shall be bid upon. Failure to bid on all items may result in a disqualification of your bid. 9.3. Awards may be cancelled with thirty days written notice for any reason. 10. VENDOR INFORMATION THIS SECTION MUST BE COMPLETED 10.1. VENDOR CONTACT PERSON: 10.2. VENDOR TELEPHONE NUMBER: 10.3. E MAIL ADDRESS: 10.4. ARE YOU REGISTERED MINORITY OR WOMAN OWNED BUSINESS? YES / NO (CIRCLE ONE) CERTIFICATION NUMBER

PAGE: 10 MILK SPECIFICATIONS 1. STANDARDS 1.1. Milk must meet all standards set by the New York State Department of Agriculture and must meet all requirements and specifications of New York State Sanitary Code, Chapter #3, the Department of Health of New York State and the County of Rockland as well as Weights and Measures Agencies. 1.2. The County of Rockland may ask for a signed, certified monthly reading by an independent laboratory approved by the NY State Board of Public Health or the US Department of Agriculture & Market Standards of: 1.2.1. Butterfat content (minimum 3.25% for whole milk) 1.2.2. Milk Solids (minimum 11.5%) 1.2.3. Bacterial Count (maximum 30,000 per CC) 1.2.4. Coliform organisms per ML 1.2.5. Antibiotics 1.2.6. Cryoscope findings of freezing points 1.2.7. Date, time, and location when sample was taken 1.3. The penalty for milk falling below butterfat standard will be 6 cents per 100 lbs. for each 1/10 of 1% point of butterfat content that falls below the minimum of 3.25% and such penalty will be applied for the entire month during which deficiency occurred. If milk exceeds maximum bacterial count, it will be considered just cause for cancellation of contract. 2. SOURCE OF SUPPLY 2.1. All items of milk shall be from producers whose farms are subject to the supervision of the New York and/or New Jersey State Department of Agriculture and Markets. 3. PERMITS AND LICENSE 3.1. Bidder must, at the time of bidding, hold a regular permit from the Health Department Officer in the Municipality in which the milk and milk products are to be delivered. Revocation of such permit shall automatically cancel the contract at the expense of the contractor. Bidder must also, at the time of bidding, hold a license as required by the State Department of Agriculture and Markets. Permit and license shall be effective at all times during the period of the contract. Cancellation of permit or revocation of license for non-compliance with any order of the Commission of Agriculture and Markets issued pursuant to Article 21, of the Agriculture and Market Law, or violation of any order of the Secretary of Agriculture, US Dept. of Agriculture, pertaining to milk and milk products issued pursuant to the Agriculture Adjustment Act shall automatically cancel the contract at the expense of the contractor. 4. CONTAINERS OR CARRIERS 4.1. Containers, dispensers or carriers are to remain the property of the contractor and shall be returned to him at his expense; the responsibility for said return being entirely that of the contractor.

PAGE: 11 5. BILLING 5.1. Vendor shall bill accurately each day for the milk & milk products that are delivered and shall secure signed receipts for each location. 6. DELIVERIES 6.1. Milk and milk products, for best product protection, as suggested by the American Dairy Association, shall be stored at 32 0 F - 40 0 F, during transit and on delivery. 6.2. All milk must be delivered within 24 hours of production and satisfactory proof to that effect must be supplied whenever demanded by purchaser or authorized agent. Milk must have a minimum of one week dating (expiration date) from date of delivery. 6.3. Full credit is to be allowed for milk cartons which are empty, leakers, contain sour milk or off flavor milk. 6.4. Deliveries to be made between the hours of 6:00 AM to 10:00 AM for the Correctional Center. 6.5. Minimum three deliveries per week to each facility. 6.6. Double deliveries may be necessary on weekends and on days preceding holidays. 7. PRICES 7.1. Prices are to be firm, for both Group A and Group B, for the term of the contract. 7.2. BASE PRICE 7.2.1. Base price is derived from the Total Class 1 price per hundred weight announced by the United States Department of Agriculture (USDA) from the Federal Milk Order for the Northeast Marketing Area, Location, New York, NY. 7.2.1.1. My base price which shall include the processor assessment is: FROM JUNE 2016 CLASS 1 PRICE REPORT 7.3. PRICE DECREASES OR INCREASES - GROUP A 7.3.1. It is understood that the milk prices bid for Group A are to be based on the Total Class 1, price per hundred weight announced for June, 2016 by the United States Department of Agriculture (USDA) from the Federal Milk Order for the Northeast Marketing Area. Prices bid herein will be revised in accordance with changes in the Class 1 milk price announced by the Market Administrator. If the Class 1 price is thereafter increased or decreased, the amount of the increase shall be added and/or the amount of the decrease deducted from the rate of payment under the contract, in accordance with the formula included herein. 7.3.2. Such increases or decreases shall be effective for the same periods of time as those established by the Market Administrator.

PAGE: 12 7.3.3. It shall be the responsibility of the contractor to notify the Director of Purchasing (in writing) of any change in Class 1 price and to submit a current effective price schedule. 7.4. FORMULA FOR PRICE ADJUSTMENTS OF FLUID MILK DELIVERED 7.4.1. Calculate the difference per hundred weight for Class 1 milk by subtracting the price fixed for the month in question by the price for Class 1 milk from the base price month indicated on the following page. 7.4.2. Multiply this difference per hundred weight by.0215 (there being 2.15 lbs. to each quart of milk) to ascertain the difference in price per quart. This calculation will be carried to five decimal places. 7.4.3. One quarter of this difference is the difference in price for each ½ pint container of milk. This calculation will be carried to five decimal places and rounded to four decimal places. 7.4.4. The sum will be added to the regular payment due to the vendor if the price for Class 1-A milk is higher during the month in question than in the base month. If the price for Class 1-A milk is lower during this month than in the base month, the sum will be deducted from payment due the vendor.