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FOOD PC66401 CONTRACT between NEW YORK STATE OFFICE OF GENERAL SERVICES And H. Schrier & Co., Inc.

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Page 1: Executed Contract

FOOD PC66401

CONTRACT

between

NEW YORK STATE

OFFICE OF GENERAL SERVICES

And

H. Schrier & Co., Inc.

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Food Contract No. PC66401

Table of Contents

SECTION 1 SCOPE .......................................................................................................................................................7

SECTION 2 ESTIMATED QUANTITIES ............................................................................................................................7

SECTION 3 CONTRACT DOCUMENTS ...........................................................................................................................7

SECTION 4 APPENDIX B AMENDMENTS .......................................................................................................................8

SECTION 5 DEFINITIONS ........................................................................................................................................... 10

SECTION 6 QUALIFICATIONS OF CONTRACTOR .......................................................................................................... 12

SECTION 7 QUALITY CONTROL AND SAFETY .............................................................................................................. 12

SECTION 8 RECALLED PRODUCTS .............................................................................................................................. 12

SECTION 9 CONTRACTOR STOCKING AND FURNISHING OF PREFERRED SOURCE PRODUCTS ....................................... 13

SECTION 10 PREFERRED SOURCE ITEM ADDITIONS AND DELETIONS .......................................................................... 13

SECTION 11 PREFERRED SOURCE NOTE ..................................................................................................................... 13

SECTION 12 SPECIFIC REQUIREMENTS ....................................................................................................................... 14

SECTION 13 PRICE .................................................................................................................................................... 14

SECTION 14 CONTRACTOR’S SUPPLIER COST ............................................................................................................. 15

SECTION 15 PERCENT MARKUP ................................................................................................................................. 15

SECTION 16 INCOMING FREIGHT .............................................................................................................................. 15

SECTION 17 ALLOWANCES ........................................................................................................................................ 15

SECTION 18 ROUNDING CALCULATIONS FOR DETERMINING COSTS AND FINAL PRICE ................................................ 16

SECTION 19 REBATES................................................................................................................................................ 16

SECTION 20 PACKAGING/CONTAINER SECURITY REQUIREMENTS FOR SELECTED AUTHORIZED USERS ........................ 16

SECTION 21 PURCHASES FROM PRICE GUIDES ........................................................................................................... 16

SECTION 22 PRICE GUIDES ........................................................................................................................................ 17

SECTION 23 PRICE GUIDES MAINTENANCE ................................................................................................................ 17

SECTION 24 PRICE CHANGES ..................................................................................................................................... 18

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Food Contract No. PC66401

SECTION 25 CONTRACT UPDATES - ADDITION AND DELETION OF PRODUCTS ............................................................. 19

SECTION 26 ORDERS ................................................................................................................................................. 19

SECTION 27 WEB BASED ORDERING SYSTEM ............................................................................................................. 19

SECTION 28 OPPORTUNITY BUYS .............................................................................................................................. 20

SECTION 29 DELIVERY REQUIREMENTS ..................................................................................................................... 20

SECTION 30 INVOICING ............................................................................................................................................ 21

SECTION 31 RESTRICTED DELIVERY ........................................................................................................................... 21

SECTION 32 REFRIGERATION .................................................................................................................................... 21

SECTION 33 PALLETIZATION ..................................................................................................................................... 21

SECTION 34 STRAPPING/SHRINK WRAPPING ............................................................................................................ 22

SECTION 35 MINIMUM ORDER ................................................................................................................................. 22

SECTION 36 OUT OF STOCK/NOT AVAILABLE PRODUCT ............................................................................................. 22

SECTION 37 UNUSABLE PRODUCT ............................................................................................................................. 22

SECTION 38 PRODUCT RETURNS ............................................................................................................................... 22

SECTION 39 PRODUCTS LEFT ON DOCK ..................................................................................................................... 23

SECTION 40 FILL RATE............................................................................................................................................... 23

SECTION 41 FUEL SURCHARGE .................................................................................................................................. 23

SECTION 42 NEW ACCOUNTS .................................................................................................................................... 24

SECTION 43 CUSTOMER SERVICE AND TOLL-FREE NUMBERS ..................................................................................... 24

SECTION 44 STANDARD PACKAGING: ........................................................................................................................ 24

SECTION 45 DISCREPANCIES ..................................................................................................................................... 24

SECTION 46 BILLING/ORDERING SYSTEMS ................................................................................................................ 24

SECTION 47 OTHER EXPENSES .................................................................................................................................. 24

SECTION 48 PRODUCT LEAD TIME ............................................................................................................................. 24

SECTION 49 ADMINISTRATIVE AND REPORTING REQUIREMENTS .............................................................................. 25

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Food Contract No. PC66401

SECTION 50 AUTHORIZED USER COMPLAINTS ........................................................................................................... 25

SECTION 51 AUDIT REPORTING................................................................................................................................. 26

SECTION 52 REQUIRED CERTIFICATION ..................................................................................................................... 26

SECTION 53 CONTRACTOR’S PRICING TO AUTHORIZED USER ..................................................................................... 26

SECTION 54 CONTRACTOR’S COST VERIFICATION ...................................................................................................... 26

SECTION 55 ADMINISTRATIVE FEE ............................................................................................................................ 27

SECTION 56 CONTRACT CANCELLATION .................................................................................................................... 27

SECTION 57 PRODUCT REQUIREMENTS ..................................................................................................................... 27

SECTION 58 DETAILED PRODUCT SPECIFICATIONS ..................................................................................................... 28

SECTION 59 CONTRACT RENEWALS AND SHORT TERM EXTENSIONS .......................................................................... 29

SECTION 60 INSURANCE ........................................................................................................................................... 29

SECTION 61 NYS VENDOR RESPONSIBILITY ................................................................................................................ 29

SECTION 62 EXTENSION OF USE ................................................................................................................................ 30

SECTION 63 CENTRALIZED CONTRACT MODIFICATIONS ............................................................................................. 30

SECTION 64 USE OF RECYCLED OR REMANUFACTURED MATERIALS ........................................................................... 31

SECTION 65 DIESEL EMISSION REDUCTION ACT OF 2006 (NEW REQUIREMENT OF LAW) ............................................ 31

SECTION 66 ENVIRONMENTAL ATTRIBUTES AND NYS EXECUTIVE ORDER 4 ................................................................ 32

SECTION 67 PERFORMANCE AND BID BONDS ............................................................................................................ 32

SECTION 68 PARTICIPATION BY MINORITY GROUP MEMBERS AND WOMEN WITH RESPECT TO STATE CONTRACTS: REQUIREMENTS AND PROCEDURES .......................................................................................................................... 32

SECTION 69 WEB ACCESSABILITY .............................................................................................................................. 34

SECTION 70 ADDITIONAL REQUIREMENTS ................................................................................................................ 35

SECTION 71 NEW YORK STATE STATEWIDE FINANCIAL SYSTEM ................................................................................. 35

SECTION 72 USE OF CONTRACT BY STATE AGENCIES, POLITICAL SUBDIVISIONS AND OTHER AUTHORIZED USERS ....... 35

SECTION 73 “OGS OR LESS" GUIDELINES APPLY TO THIS CONTRACT .......................................................................... 36

SECTION 74 DISPUTE RESOLUTION POLICY ................................................................................................................ 36

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Food Contract No. PC66401

SECTION 75 NOTICES ................................................................................................................................................ 36

SECTION 76 CAPTIONS ............................................................................................................................................. 37

SECTION 77 SEVERABILITY ........................................................................................................................................ 37

SECTION 78 COUNTERPARTS .................................................................................................................................... 37

SECTION 79 ENTIRE AGREEMENT .............................................................................................................................. 37

SIGNATURE PAGE ............................................................................................................................. 38

INDIVIDUAL, CORPORATION, PARTNERSHIP, OR LLC ACKNOWLEDGMENT ................................................................. 39

APPENDICES

APPENDIX A –STANDARD CLAUSES FOR NYS CONTRACTS

APPENDIX B – OGS GENERAL SPECIFICATIONS

APPENDIX C – FOOD (Commercial: Downstate Region) DOCUMENTS

Number 1. Price Guides Number 2. Contractor Information Number 3. NYS Regions Map, Preferred Source and Market Basket Product List Number 4. Report of Contract Usage Number 5. Allowance Report Number 6. Contractor Insurance Requirements Number 7. Contract Modification Procedure

APPENDIX D- MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT

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Food Contract No. PC66401

STATE OF NEW YORK

OFFICE OF GENERAL SERVICES

AGREEMENT #PC66401

CENTRALIZED CONTRACT FOR THE ACQUISITION OF

FOOD (COMMERCIAL FOR DOWNSTATE REGION)

THIS AGREEMENT (hereinafter the “Contract” or the “Agreement”), by and between the People of the State of New York, acting by and through the Commissioner of the Office of General Services (OGS), whose office is on the 41st Floor, Tower Building, Governor Nelson A. Rockefeller Empire State Plaza, Albany, New York 12242 (hereinafter referred to as the “State” or “OGS”) and H. Schrier & Co., Inc., having its principal place of business at 4901 Glenwood Rd., Brooklyn, NY 11234 (hereinafter referred to as the “Contractor”). OGS and the Contractor are collectively referred to as the “Parties.”

WHEREAS, OGS issued a competitive solicitation, referenced as Invitation for Bid (hereinafter “IFB”) #22688, which was advertised in the April 17th, 2013 edition of the New York State Contract Reporter as required by the New York State Economic Development Law.

WHEREAS, OGS conducted a competitive process to identify bidders that will provide the lowest price for the provision of food in two separate lots as set forth in the IFB, as evidenced by achieving the lowest price by responsive and responsible bidders.

WHEREAS, in accordance with State Finance Law §163(3)(b)(x), a decision was made to divide New York State into four regions for the purposes of establishing pricing, and the IFB further provided that the contracts will be awarded to a single bidder by lot and region combination (hereinafter the “Contracts”).

WHEREAS, the State created a market basket for each lot, composed of products historically purchased by the Authorized Users. The products listed in the market baskets were for purposes of evaluating bids only; the market baskets are not necessarily indicative of actual products or pack sizes which will be ordered or which the Contractor will be required to provide.

WHEREAS, the determination of lowest price was made on a “weighted” basis for combined total amounts for NYS Net Delivered Prices for all products listed in a Market Basket with the weighting based on historic sales volumes. Base costs bid were multiplied by the applicable markup percentage and then by historic sales volumes. All line items were totaled to determine total bid for a given Bid Section.

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Food Contract No. PC66401

WHEREAS, the State has determined the Contractor submitted a responsive proposal, and had the lowest price for the specified lot/region combination as indicated below. The Contractor is willing to provide the products under the terms set forth herein.

NOW THEREFORE, in consideration of the terms hereinafter mentioned and also the mutual covenants and obligations moving to each Party hereto from the other, the Parties hereby agree as follows:

SECTION 1 SCOPE

A. The Contract is made under award #22497. This Contract sets forth the terms and conditions for the provision of Food and Non-Food products by Contractor. The Contract is limited to the supply of Commercial Food and Non-Food items within the Downstate Region. Items which are sold by Contractor, but do not fit into these categories are excluded from purchase through this Contract.

The IFB established four regions in the State, as set forth below. Contractor was awarded the Downstate Region for Commercial and agrees to supply to all Authorized Users in the awarded region as set forth in APPENDIX C – FOOD (Commercial: Downstate Region) DOCUMENTS, Number 3, NYS Region Map with Counties. Contractor acknowledges that it was awarded the Commercial Lot for the Downstate Region of the State.

B. Regions: The four regions are:

Central Region: Broome, Cayuga, Chenango, Cortland, Delaware, Herkimer, Jefferson, Lewis, Madison, Oneida, Onondaga, Oswego, Otsego, Saint Lawrence, Sullivan, Tioga, and Tompkins counties.

Downstate Region: Bronx, Kings, Nassau, New York, Queens, Richmond, Rockland, Suffolk, and Westchester counties.

Eastern Region: Albany, Clinton, Columbia, Dutchess, Essex, Franklin, Fulton, Greene, Hamilton, Montgomery, Orange, Putnam, Rensselaer, Saratoga, Schenectady, Schoharie, Ulster, Warren, and Washington counties.

Western Region: Allegany, Cattaraugus, Chautauqua, Chemung, Erie, Genesee, Livingston, Monroe, Niagara, Ontario, Orleans, Schuyler, Seneca, Steuben, Wayne, Wyoming, and Yates counties.

SECTION 2 ESTIMATED QUANTITIES

This is an estimated quantities contract in accordance with Appendix B, §42 "Estimated/Specific Quantity Contracts”.

SECTION 3 CONTRACT DOCUMENTS

This Contract is composed of the following documents. Only documents expressly enumerated below shall be deemed a part of this Contract, and references contained in those documents to additional Contractor documents not enumerated below shall be of no force and effect. Conflicts among the documents shall be resolved in the following order of precedence:

a. Appendix A – Standard Clauses for New York State Contracts (January 2014), attached hereto, is hereby expressly made a part of this Contract as fully as if set forth at length herein.

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Food Contract No. PC66401

b. This document (Base Agreement) - the portion of the Contract preceding the Parties’ signatures.

c. Appendix B – General Specifications (July 2006) attached hereto, is hereby expressly made a part of this Contract as fully as if set forth at length herein, and shall govern any situation not covered by the Base Agreement or Appendix A.

d. APPENDIX C – FOOD (Commercial: Downstate Region) DOCUMENTS attached hereto, are hereby expressly made a part of this Contract as fully as if set forth at length herein.

i. Number 1. Price Guides ii. Number 2. Contractor Information iii. Number 3. NYS Regions Map, Preferred Source and Market Basket Product List iv. Number 4. Report of Contract Usage v. Number 5. Allowance Report vi. Number 6. Contractor Insurance Requirements vii. Number 7. Contract Modification Procedure

e. Appendix D - Minority and Women-Owned Business Enterprises and Equal Employment Opportunity

Policy Statement, attached hereto, is hereby expressly made a part of this Contract as fully as if set forth at length herein.

SECTION 4 APPENDIX B AMENDMENTS

Appendix B is amended as follows:

A. Section 4, Conflict of Terms, is intentionally omitted.

B. Section 5 – Definitions, the definition of “Authorized User” is deleted and replaced with the following

language:

“Authorized User” shall have the same meaning as set forth in Section 163(1) (k) of the State

Finance Law.

C. Section 56, Assignment, is deleted and replaced with the following language:

§ 56. ASSIGNMENT

The Contractor shall not assign, transfer, convey, sublet, or otherwise dispose of the contract or its right, title or interest therein, or its power to execute such contract to any other person, company, firm or corporation in performance of the contract without the prior written consent of the Commissioner or Authorized User (as applicable). The Commissioner’s or Authorized User’s consent shall not be unreasonably withheld. Failure to obtain consent to assignment from the Authorized User shall revoke and annul such Contract. Notwithstanding the foregoing, the State shall not hinder, prevent or affect assignment of money by a Contractor for the benefit of its creditors. Prior to a consent to assignment of monies becoming effective, the Contractor shall file a written notice of such monies assignment(s) with the Comptroller. Prior to a consent to assignment of a Contract, or portion thereof, becoming effective, the Contractor shall submit the request to assignment to the Commissioner and seek written agreement from the Commissioner which will be filed with the Comptroller. The Commissioner reserves the right to reject any proposed assignee in his/her discretion.

D. Section 62 Contract Billings and Payments, is deleted and replaced with the following language:

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Food Contract No. PC66401

§ 62 CONTRACT BILLINGS AND PAYMENTS

I. Billings. Contractor and the dealers/distributors/resellers designated by the Contractor, if any, shall provide complete and accurate billing invoices to each Authorized User in order to receive payment. Billing invoices submitted to an Authorized User must contain all information required by the Contract and the State Comptroller or other appropriate fiscal officer. Submission of an invoice and payment thereof shall not preclude the Commissioner from requesting reimbursement or demanding a price adjustment in any case where the Product delivered is found to deviate from the terms and conditions of the Contract or where the billing was inaccurate.

Contractor shall provide, upon request of the Commissioner, any and all information necessary to verify the accuracy of the billings. Such information shall be provided in the format requested by the Commissioner and in a media commercially available from the Contractor. The Commissioner may direct the Contractor to provide the information to the State Comptroller or to any Authorized User of the Contract.

II. Payment of Contract purchases made by an Authorized User when the State Comptroller is responsible for issuing such payment. The Authorized User and Contractor agree that payments for invoices submitted by the Contractor shall only be rendered electronically unless payment by paper check is expressly authorized by the Commissioner, in the Commissioner’s sole discretion, due to extenuating circumstances. Such electronic payments shall be made in accordance with ordinary State procedures and practices. The Contractor shall comply with the State Comptroller’s procedures to authorize electronic payments. Authorization forms are available at the State Comptroller website at http://www.osc.state.ny.us/epay/index.htm or by e-mail at [email protected]. Contractor acknowledges that it will not receive payment on any invoices submitted under this Contract that are payable by the State Comptroller if it does not comply with the State Comptroller’s electronic payment procedures, except where the Commissioner has expressly authorized payment by paper check as set forth above. Inquiries relating to OSC's Electronic Payments program should be directed to:

NYS Office of the State Comptroller Vendor Management Unit 110 State Street Mail Drop 10-4 Albany, NY 12236

Telephone: (855) 233-8363 E-Mail: [email protected]

III. Payment of Contract purchases made by an Authorized User when the State Comptroller is not responsible for issuing such payment. The Authorized User and Contractor agree that payments for such Contract purchases shall be billed directly by Contractor on invoices/vouchers, together with complete and accurate supporting documentation as required by the Authorized User. Such payments shall be as mandated by the appropriate governing law from the receipt of a proper invoice. Such Authorized User and Contractor are strongly encouraged to establish electronic payments.

E. Section 64, Interest on Late Payments, is deleted and replaced with the following language:

§ 64 INTEREST ON LATE PAYMENTS

a. State Agencies Upon acceptance of product or as otherwise provided by Contract, Contractor may invoice for payment. The required payment date shall be thirty (30) calendar days, excluding legal holidays, from the receipt of a proper invoice, as determined in accordance with State Finance Law §179-

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f(2) and 2 NYCRR Part 18. The payment of interest on certain payments due and owed by Agency may be made in accordance with State Finance Law §§179-d et. seq. and the implementing regulations (2 NYCRR §18.1 et seq.).

b. By Non-State Agencies Upon acceptance of product or as otherwise provided by Contract,

Contractor may invoice for payment. The required payment date shall be thirty (30) calendar days, excluding legal holidays, or as mandated by the appropriate governing law from the receipt of a proper invoice. The terms of State Finance Law Article 11-A apply only to procurements by and the consequent payment obligations of Agencies. Neither expressly nor by any implication is the statute applicable to Non-State Authorized Users. Neither OGS nor the State Comptroller is responsible for payments on any purchases made by a Non-State Agency Authorized User.

c. By Contractor Should the Contractor be liable for any payments to the State hereunder, interest, late payment charges and collection fee charges will be determined and assessed pursuant to Section 18 of the State Finance Law.

SECTION 5 DEFINITIONS

“Authorized User(s)” shall have the same meaning as set forth in Section 163(1) (k) of the State Finance Law.

“Baked Goods” shall refer to products comprised of fresh bread including, but not limited to, bread loaves, various rolls, pastries and muffins.

“Contractor Supplier Cost” shall consist of the Cost of Product from a Supplier net of any applicable allowances as defined in SECTION 17 ALLOWANCES as granted to the Contractor whether on-invoice or off-invoice, plus Incoming Freight, but shall not include the Percent Markup bid.

“Commercial Lot” shall refer to a group of products comprised of food, household items and sundries.

.“Contract” as defined in Appendix B.

“Contractor” shall refer to a responsive and responsible Bidder who has offered the lowest price for a Bid Section and is working under an executed contract with New York State.

“Cost of Product” shall be defined as the cost paid by the Contractor to its supplier/ manufacturer/processor for the product.

“Food” shall refer to products that are edible.

“Incoming Freight” is defined as common or contract carrier charges billed to the Contractor by a third-party vendor or a third-party carrier, or charges billed to the Contractor by a freight management service operated by an affiliated corporation of the Contractor for shipping costs from the supplier to the Contractor’s warehouse.

“Lots” shall refer to several items bid as a single group. For there are two separate lots: Lot 1, Commercial and Lot 2, Retail.

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“May” denotes the permissive in a contract clause or specification. “May” does not mean “required.” Also see “Shall”, and “Must”.

“Must” denotes the imperative in a contract clause or specification. “Must” is synonymous with “required.” Also see “Shall”, and “May”.

“M/WBE” shall refer to a business certified with Empire State Development (ESD) as a Minority and/or Women-owned Business Enterprise.

“New York State Food Product” shall refer to commodities that are Food, including milk and milk products, grown, produced, or harvested in New York State.

“n/a” is a common abbreviation for not applicable or not available, used to indicate when information in a certain field on a table is not provided, either because it does not apply to a particular case in question or because it is not available.

“Non-Food” shall refer to products that are not edible but related to the handling, preparing or dispersing of food items.

“NYS Net Delivered Price” shall be defined as Contractor Supplier Cost + Incoming Freight – Applicable Allowance + Sub-Lot Percentage Markup.

“New York State Procurement (NYSPro)”(formerly known as Procurement Services Group (PSG)” shall mean a division of the New York State Office of General Services which is authorized by law to issue centralized, statewide contracts for use by New York agencies, political subdivisions, schools, libraries and others authorized by law to participate in such contracts. The terms NYSPro and PSG shall be used interchangeably for purposes of this Contract.

“Preferred Source” shall refer to National Industries for the Blind. (NIB) and/or New York State Industries for the Disabled (NYSID), and Correctional Industries (Corcraft). NIB and NYSID are both facilitating agencies under the Preferred Source Program.

“Preferred Source Offering” shall refer to those commodities or services that have been approved in accordance with State Finance Law §162. For the purpose of this Contract, the term is limited to food and food-related products.

“Preferred Source Program” shall refer to the special social and economic goals set by New York State in State Finance Law §162 that require a governmental entity to purchase select commodities and services from designated organizations when the commodities or services meet the "form, function, and utility" requirements of the governmental entity. Under State Finance Law §163, purchases of commodities and services from Preferred Sources are given the highest priority and are exempt from the competitive bidding requirements. The New York State Preferred Sources include: Corcraft; National Industries for the Blind, Inc.; New York State Industries for the Disabled; and the Office of Mental Health. These requirements apply to a state agency, political subdivision and public benefit corporation (including most public authorities).

“Price Guides” is a complete product line listing created and maintained by the Contractor. The Price Guide contains “NYS Net Delivered Price” for NYS Authorized Users, and shall be updated as listed herein under SECTION 24 PRICE CHANGES.

“Related Party” shall be any affiliate or subsidiary of, or any entity owned, supported, managed or controlled by, the Bidder or Contractor that sells or supplies goods to the Bidder or Contractor.

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“Regions” for the purposes of the IFB, New York State was divided into four regions: Central, Downstate, Eastern and Western. Further details are set forth in Appendix C FOOD (Commercial: Downstate Region) DOCUMENTS, Number 3 NYS Regions Map and Market Basket Products List.

“Shall” denotes the imperative in a contract clause or specification. “Shall” is synonymous with “required.” Also see “Must”, “May”, and “Should”.

“Sub-Lots” shall refer to classifications given to each product to define which percent markup is applied within each of the two Lots. Sub-lots for each Lot are detailed in SECTION 15 PERCENT MARKUP.

“0 (Zero)” is both a number and the numerical digit used to represent that number in numerals. It is the integer immediately preceding 1 (one).

SECTION 6 QUALIFICATIONS OF CONTRACTOR

Contractor must maintain a business establishment with access to adequate inventories of complete product lines for their awarded lot(s) as identified and contained in all product categories listed herein, and must be capable of processing and shipping large numbers of consolidated orders to various destinations.

Contractor must be able to service all delivery locations in a Region in a timely and efficient manner and in accordance with the requirements of this Contract.

Contractor is responsible for administering contract, resolving problems, etc., for all participating branches/warehouses/distribution centers, etc.

Contractor shall maintain all required contract-specific insurance in this Contract and APPENDIX C – FOOD (Commercial: Downstate Region) DOCUMENTS, Number 6 Insurance Requirements.

Contractor shall meet the reporting requirements in SECTION 49 ADMINISTRATIVE AND REPORTING REQUIREMENTS.

OGS’s interpretation of specifications shall be final and binding upon the Contractor.

SECTION 7 QUALITY CONTROL AND SAFETY

Contractor shall have a written quality control program readily available for submission to OGS upon request that ensures all products are handled in a manner that complies with all Hazard Analysis & Critical Control Points (HACCP) regulatory requirements as well as NYS Circular 933 - Good Manufacturing Practices (GMP) a copy of which is available at:http://www.agriculture.ny.gov/FS/industry/04circs/goodmanufpracticesCIR933.htm, and Sanitation Standard Operating Procedures (SSOP) which can be found here: http://www.fsis.usda.gov/PDF/SSOP_module.pdf .

Contractor shall verify that all manufacturers supplying product have verifiable HACCP programs in place at their manufacturing facilities. Upon request by OGS, Contractor shall provide documentation regarding the HACCP programs in place.

SECTION 8 RECALLED PRODUCTS

The Contractor shall have the ability to track all products delivered. The Contractor shall have a product recall program that provides for immediate notification to all Authorized User facilities, including OGS and Authorized Users' central offices that have received the recalled products. The Contractor is responsible for picking up

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and replacing all products that are subject to recall, and insuring that all manufacturers and suppliers to the Contractor have the same requirements in place. The Authorized User shall not be responsible for the pickup and replacement cost of any recalled product. Subsequent credits must be applied, as applicable. A final report shall be made to OGS and all Authorized Users' central offices stating number of cases shipped, locations and number of returns.

SECTION 9 CONTRACTOR STOCKING AND FURNISHING OF PREFERRED SOURCE PRODUCTS

State Finance Law §162 requires that many governmental entities, including Executive Agencies, afford first priority to the products/services of Preferred Source suppliers such as Correctional Industries (Corcraft), Industries for the Blind of New York State (IBNYS), and NYS Industries for the Disabled (NYSID), when such products/services meet the form, function, and utility of the agency. Some products/services in the resultant contract(s) may be available from one or more Preferred Sources.

A list of current commonly used Preferred Source items which fall within the scope of this Contract can be found in, APPENDIX C – FOOD (Commercial: Downstate Region) DOCUMENTS, Number 3 NYS Regions Map, Preferred Source and Market Basket Products List. This list is neither final nor exhaustive.

It shall be the Contractor’s responsibility to stock, furnish and invoice for these Preferred Source List items to all Authorized Users. Contractors may experience a need to carry additional inventory due to longer than average lead-time for ordering certain Preferred Source products. Contractors should not anticipate prompt pay discounts when making payments to Preferred Sources. Contractor shall update Price Guides when OGS OGS has granted approval to a Preferred Source item through its regular approval process as discussed further in SECTION 10 PREFERRED SOURCE ITEM ADDITIONS AND DELETIONS.

Authorized Users may purchase products from Preferred Sources either directly from the designated preferred source OR from the Contractor.

Contractor affirms ability to meet these Preferred Source participation requirements and agrees to enter into an agreement with each Preferred Source regarding such participation requirements.

SECTION 10 PREFERRED SOURCE ITEM ADDITIONS AND DELETIONS

Contractor shall include new Preferred Source items in their Price Guides when OGS has granted approval to a Preferred Source item through its regular approval process. Notification of the approval shall be provided by OGS to the Contractor for that item. Contractor shall only be required to add new Preferred Source items to their Price Guides in weekly, monthly and quarterly updates as noted under SECTION 24 PRICE CHANGES.

Preferred Source items can only be deleted from the Price Guides with express written notice from the relevant Preferred Source or if the item is no longer approved by OGS. Contractor shall provide OGS with a copy of Preferred Source’s written notification.

SECTION 11 PREFERRED SOURCE NOTE

State Finance Law §162 requires that many governmental entities, including Executive Agencies, afford first priority to the products/services of Preferred Source suppliers such as Correctional Industries (Corcraft), National Industries for the Blind” (NIB) and NYS Industries for the Disabled (NYSID), when such products/services meet the form, function and, utility of the agency. Some products/services in the Contract may be available from one or more Preferred Sources.

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Contractor is required to prominently display the following language on all Price Guides and contract updates to agencies relative to the award:

Agencies Note: Some products/services in this contract may be available from one or more Preferred Sources. Agencies are reminded to comply with the statutory requirements under §162 of the State Finance Law and the guidelines issued by the State Procurement Council to afford first priority to products/services available from Preferred Sources which meet your form, function and utility.

SECTION 12 SPECIFIC REQUIREMENTS

1. Ability To Provide Emergency Service

Some Authorized Users may, on occasion, require emergency same-day service either for direct delivery or Authorized User pick-up of products. Contractor shall have staff or an emergency contact available on a 24-hour basis. In the event of a Gubernatorial declared emergency in accordance with Executive Law §28, Contractor shall coordinate with the Authorized Users for emergency contingency plans. The State reserves the right to request proof of such emergency contingency plans.

2. Authorized Distributor

Contractor affirms that they are an authorized distributor for products being offered. The State reserves the right to request proof of authorization.

3. Delivery After Receipt Of Order

Regular delivery days will be scheduled as far as three weeks in advance, but Contractor may be required to add to existing orders or deliver new orders for next business day delivery.

SECTION 13 PRICE

Contractor’s Price Guides shall state its prices for products in terms of “NYS Net Delivered Price”.

“NYS Net Delivered Price” is computed as follows:

Contractor Supplier Cost

+ Incoming Freight

- Applicable Allowance

+ Sub-Lot Percent Markup

= “NYS Net Delivered Price”

Contractor’s distribution center used for each Region is set forth in APPENDIX C – FOOD (Commercial: Downstate Region) DOCUMENTS Number 2 Contractor Information. The Distribution Center(s) shall be used throughout the Contract term.

Prices for Preferred Source items stocked, furnished and invoiced by Contractor will be calculated as follows:

Preferred Source Price

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+ Markup on Preferred Source goods will be calculated using the Markup on Commercial Sub-Lots

= Price for Preferred Source Goods stocked, furnished, and invoiced by Contractor.

The same formulas are used for all products in the Price Guides (being the same to each location regardless of shipping point).

SECTION 14 CONTRACTOR’S SUPPLIER COST

When calculating the cost portion of prices charged to the State, Contractor shall calculate cost by applying a weighted average of the Contractor Supplier Cost for product over ALL invoices for a contiguous two month period (e.g. May and June; not May and July). Such two month period must immediately precede the month in which current pricing is established via Price Guides. See also SECTION 54 CONTRACTOR’S COST VERIFICATION .

Contractor Supplier Cost weighted average will be calculated as follows: (Total cost of item from all Invoices for a contiguous two month period + Freight for the 2 month period - total allowance earned during the period for the product) / total number of cases for the period. See also SECTION 17 ALLOWANCES.

Contractor shall not modify its manner and method for deriving costs or determining applicable allowances to the detriment of the State.

Contractor shall be required to aggressively monitor costs (including but not limited to price increases and any applicable rebates, allowances, etc. impacting Contractor Supplier Cost, or NYS Net Delivered Price) in comparison with market conditions, State usage, supplier pricing and Authorized User requests and to negotiate decreases, seek competition, or change suppliers as necessary to ensure the best value for the State in the most efficient, effective procurement manner.

SECTION 15 PERCENT MARKUP

Contractor’s Percent Mark-ups are set forth in APPENDIX C – FOOD (Commercial: Downstate Region) DOCUMENTS Number 3 Contractor Information. Percent markup for all items, including Preferred Source, shall not increase during the resultant contract award. A decrease in percent markup is permitted at any time.

SECTION 16 INCOMING FREIGHT

Contractor may be required to demonstrate the reasonableness of the method of freight chosen is the best value for the State. The State reserves the right to determine that the lowest price available should be applied if Contractor selects a shipping methodology that is higher than common carrier published rates charged for similar deliveries.

SECTION 17 ALLOWANCES

Applicable allowances shall include those granted to Contractor and shall be defined as:

Any manufacturers/suppliers credits, allowances or rebates shown on the invoice to the Contractor that reduce Contractor Supplier Cost, or NYS Net Delivered Price

Governmental and non-profit promotions, discounts or allowances

Special negotiated pricing agreements for NY State

Volume discounts negotiated directly by OGS or Authorized Users

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New York State’s proportional allocation of a Contractor’s discounts or rebates for aggregate volume or growth programs, or additional reductions based upon size of order and deliveries by Supplier to the Contractor.

The State must directly benefit from any price reductions, credits, refunds or other rebate pass-throughs from all applicable allowances including those obtained by Contractor. If the Contractor is able to capture any allowances due to NY State volume, it is required to use the additional savings to lower “NYS Net Delivered Price” by specifically enumerating the allowances.

Allowances shall not include earned income rebates such as merchandising, freight management, consolidated warehousing distributions, or other value-added logistical, promotional or operational services, etc..

All applicable allowances must be passed through to the State whether or not such allowances are presented in the Contractor’s Price Guides.

In the event that the Contractor receives applicable allowances, credits or rebates on products after the product is invoiced to the Authorized User, the contractor is required to apply a credit to a future invoice for the respective purchaser or some other form of reimbursement, in an amount equivalent to the value of the rebate. In the event that a credit is not applied, reimbursement may be made via a year-end payment of applicable allowances. The amount paid would be based on a calculation of the applicable allowance earned but not included as a reduction in cost at the time contract prices were established. The amount an individual entity would be reimbursed is directly related to their portion of spend on the items that qualify for the applicable allowance.

SECTION 18 ROUNDING CALCULATIONS FOR DETERMINING COSTS AND FINAL PRICE

All prices used to determine “NYS Net Delivered Prices” are to be rounded to no more than two decimal places. Any quoted price which goes beyond the allowed decimal place shall be rounded to the second decimal place (i.e. $6.246 shall be rounded to $6.25 and $7.232 shall be rounded to $7.23).

SECTION 19 REBATES

The State reserves the right to determine the disposition of any rebate settlement, restitution, liquidated damage, etc. which arise from the administration of this Contract.

SECTION 20 PACKAGING/CONTAINER SECURITY REQUIREMENTS FOR SELECTED AUTHORIZED USERS

Correctional facilities, and other self-identified Authorized Users, require packaging and containers that minimize possible security problems (i.e., do not include wire, metal, sharp edges, glass, etc., that may possibly be fashioned into a weapon). Contractor and Authorized User shall mutually agree to modify and/or change packaging and/or containers for delivery to some locations, in order to reduce potential security risks. There shall be no additional charge for Contractor's packaging or containers used to meet security requirements.

SECTION 21 PURCHASES FROM PRICE GUIDES

Authorized Users are to make purchases from the Contractor’s Price Guides set forth in APPENDIX C – FOOD (Commercial: Downstate Region) DOCUMENTS, Number 1 Price Guides. Prices established in the Price Guides shall be calculated as described in SECTION 13 PRICE using cost as defined therein.

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SECTION 22 PRICE GUIDES

Price Guides shall include at least the following fields:

Product Sub-Lot (i.e., Dairy, Produce, Meat/Poultry/Fish, Frozen, Baked Goods, etc.);

Sub-Lot Markup;

Product Stock Number;

Product Brand or Manufacturer;

Product Description;

Pack, Size, Unit;

“NYS Net Delivered Price” (as defined in SECTION 5 DEFINITIONS).

Submission of Price Guides

Contractor shall submit the following Price Guides to the Contract Manager:

1. Weekly Price Guide: which shall only include Dairy, Produce, and ‘fresh’ Meat, Poultry & Fish. 2. Monthly Price Guide: which shall only include products from the Frozen (including frozen meat, poultry, &

fish) and Ambient Canned & Dry Sub-Categories. 3. Quarterly Price Guide: which shall only include Baked Goods and Non-Food items.

The price guides shall be submitted in the format as specified in SECTION 23 PRICE GUIDES MAINTENANCE.

OGS will determine the effective dates of the Price Guides being used immediately succeeding contract start date. The effective dates of the weekly Price Guide shall be specified by the Contractor and shall be fixed for a one week period. The monthly prices shall be effective beginning the first day of the month and shall be fixed for the one-month period. The quarterly prices shall be effective beginning the first day of the calendar quarter and shall be fixed for the one-quarter period. Electronic and paper Price Guides shall be effective on the same date. Pricing shall be effective on the date order is delivered.

All prices in the Price Guides distributed to Authorized Users shall be identical for all distribution locations. Additionally all items in the Price Guides shall be available to all Authorized Users in the awarded Region. Ideally, the product numbers (i.e., stock numbers) should be the same for identical items from all participating branches/warehouses/distribution centers, etc. Where products are not numbered identically, Contractor shall be required to submit cross-reference sheets.

The State reserves the right to:

modify the fields that are to be displayed in the Price Guides; and

to add or delete products from the Price Guides as deemed necessary.

SECTION 23 PRICE GUIDES MAINTENANCE

Contractor(s) shall submit updated Price Guides to OGS in electronic format to the attention of the individual designated by Contract. The latest Price Guides will then be published to OGS’s website. There may be times when the Contractor has no changes to report in their Price Guides (i.e., no price adjustments or product add/delete). Contractor may elect to continue using the previous quarter’s Price Guides as long as it remains current. When the Contractor elects to use the previous quarter’s Price Guides, Contractor must notify OGS in writing that there were no changes to the Price Guides and Contractor is using the previous quarter’s Price Guides.

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At no charge to Authorized Users, the Contractor must prepare, supply, and keep Price Guides current. Identical Price Guides must be made available electronically to Authorized Users and OGS and must be available at least one (1) business day before the effective date of the Price Guides. Pre-approval of Price Guides by OGS is not required. Electronic and/or hard copies of the Price Guides must be submitted to Authorized Users, upon request. All information in all distributed copies of the Price Guides (hard copies, electronic transmittals and web-based pricing) shall be identical. In the event of a discrepancy, it is the Contractor's obligation to notify OGS and Authorized Users of the governing source pricing (hard copy, electronic transmittals, or web based). Prices may be reduced at any time; however, price increases other than those discussed in SECTION 24 PRICE CHANGES shall not be permitted.

Failure to maintain accurate, timely Price Guides may result in contract cancellation.

SECTION 24 PRICE CHANGES

A. Products in Price Guides:

Prices established in the Price Guides shall be calculated as detailed in SECTION 13 PRICE (less applicable allowances etc.). Adjustments (increases or decreases) shall be made as shown below:

Lot Sub-Lot Adjustment Frequency

Commercial Dairy Weekly

Produce Weekly

Meat, Poultry and Fish Weekly

Frozen Monthly

Ambient, Canned and Dry

Monthly

Baked Goods Quarterly

Non-food Quarterly

Adjustments shall be calculated and reflect the reduction from applicable allowances as defined in SECTION 17 ALLOWANCES. All Price Guides created for this Contract are subject to audit by the State.

B. Restrictions on Purchasing

Alcoholic beverages are expressly excluded from the scope of the Contract. Authorized Users shall not seek to purchase alcoholic beverages and Contractor shall not sell alcoholic beverages to Authorized Users under the Contract.

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SECTION 25 CONTRACT UPDATES - ADDITION AND DELETION OF PRODUCTS

Product changes to items listed in Contract Price Guides are addressed in the following manner:

Updates/Additions/Deletions include: i) adjusting pricing for Products previously incorporated under the Contract as per SECTION 24 PRICE CHANGES, ii) adding new products within the established, previously approved pricing structure as necessitated by such changes as seasonal availability, manufacturer pack size changes, changing Authorized User needs etc., and iii) deleting Products previously incorporated under the Contract.

For deletions, if requested by the State, Contractor must supply documentation supporting the reason for removal of the product from the Contractor’s Price Guides. Removal of any Market Basket item or equivalent substitution by Contractor from its Price Guides requires OGS prior approval. The Market Basket items and equivalent substitutes are set forth in Appendix C FOOD (Commercial: Downstate Region) DOCUMENTS, Number 3 NYS Regions Map, Preferred Source and Market Basket Products List.

SECTION 26 ORDERS

Orders shall be accepted by the Contractor between the hours of 8:00 A.M. through 5:00 P.M. ET, Monday through Friday, except legal holidays. Contractor shall be capable of accepting orders manually, via facsimile, and electronically via e-mail. All orders shall reference contract number, requisition and/or purchase order number as required. Contractor must be able to accept orders via a web based ordering system as described below in SECTION 27 WEB BASED ORDERING SYSTEM . The order entry system shall allow an Authorized User to enter orders and shall have full order inquiring capabilities.

SECTION 27 WEB BASED ORDERING SYSTEM

Information required in the Price Guides shall also be included on the web based ordering system. The web based ordering system shall allow Authorized Users to perform ordering, reporting, tracking, and promotions in a fully secure, real-time system by using the Internet. Web based ordering systems shall acknowledge receipt of a customer’s order, allow multiple users at once and allow customer’s access to customer’s order history. The Contractor must provide software at no charge, if needed by an Authorized User to use the Contractor's web based ordering system. The system shall be capable of designating certain items as available for purchase only with prior authorization as designated by Authorized Users. The system must be capable of processing, controlling, documenting, and reporting on at least the following data elements:

Product name;

Product Number

Quantity Ordered

Delivered Price

Extended Total

Order Total

Contractor Name and Address;

Agency/Facility/Political Subdivision, etc.;

Contract Number;

Purchase Order/Requisition Numbers; and

Contact (individual placing order).

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Food Contract No. PC66401

Contractor shall have a designated website for Authorized Users' direct access of NYS Price Guides with the ability to download a copy for offline use. The website will be the responsibility of the Contractor to maintain and keep updated. Hard copy Price Guides, either in paper format or electronic format, must be available to all Authorized Users upon request.

SECTION 28 OPPORTUNITY BUYS

The State may utilize drop shipment, spot or opportunity buy, or trailer load incentives when an Authorized User is able to benefit from either the Contractor or third party food vendor. To qualify for the drop shipment, spot or opportunity buy, or trailer load incentive, the order must be greater than $2,500. The Contractor shall have the right of first refusal to fulfill the Authorized User’s request. The Contractor will have 48 hours, from when an Authorized User initiates a drop shipment, spot or opportunity buy, or trailer load request to notify the Authorized User whether Contractor would like to fulfill the Authorized User’s request. Should the Contractor be unable to fulfill the request within the 48 hour time period, the Authorized User shall be able to initiate a drop shipment, spot or opportunity buy or trailer load order with a third party vendor. The third party vendor will transport the food order directly to the Authorized User location, bypassing the Contractor from physically handling the food order. In the instance that the Authorized User utilizes a third party for transportation, the Contractor will not be responsible for the actual receiving of the drop shipment at its warehouse or transporting it to the Authorized User facility.

If the Contractor does not process or transport the drop shipment, spot or opportunity buy, or trailer load order the Contractor shall not invoice the Authorized User for any charges for the drop , spot or opportunity buy, or trailer load shipment order.

To process the drop shipment, spot or opportunity buy, or trailer load, the Contractor may add a Percent Markup to the delivered invoiced price of the order not to exceed the applicable Sub-Lot Markup as listed in Appendix C FOOD (Commercial: Downstate Region) DOCUMENTS, Number 2, Contractor Information. Contractor may engage a third party in such a purchase, however, no change from the initial supplier’s spot price shall be allowed. Opportunity buy purchases must be identified in the Contractor’s regular reporting requirements to OGS. See also SECTION 49 ADMINISTRATIVE AND REPORTING REQUIREMENTS.

SECTION 29 DELIVERY REQUIREMENTS

Contractor directly, or through its subcontractor, shall be able to deliver all items/product categories listed herein with evenly spaced deliveries including weeks with legal holidays to all Authorized Users on a consolidated basis. Delivery shall be made in accordance with instructions on the purchase order from each facility. Deliveries shall be on weekdays during normal business hours, as determined by the facility, except/excluding legal holidays.

Some large Authorized Users may require as many as three deliveries per week.

Some locations (psychiatric and developmental facilities) may accept Saturday delivery. Correctional facilities will not accept Saturday delivery. For some facilities, delivery may be required to more than one building.

After an Authorized User places an order, Contractor shall work with the Authorized User to establish mutually beneficial dates of delivery, to the extent possible. Contractor shall contact Authorized User prior to making delivery if regularly scheduled delivery date is changed. Any deviations from the set delivery schedule must be acceptable to both parties.

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SECTION 30 INVOICING

Contractor invoices must include detailed line item information to allow Authorized Users to verify delivered pricing matches current Price Guide pricing for the date of delivery. At a minimum, the following fields must be included on all invoices to Authorized Users:

Order Date;

Authorized User’s Purchase Order Number or Authorized User’s Annual Blanket Purchase Order Number (as such information is provided by the Authorized User);

SKU Number;

Description;

NYS Net Delivered Price separated by order date;

Contractor’s Federal ID Number, and

NYS Vendor ID Number.

SECTION 31 RESTRICTED DELIVERY

Price includes “restricted” delivery. Delivery to some Authorized Users, particularly Correctional and NYS Office of Mental Health facilities, have “restricted” deliveries, which include restrictions around time or process for delivery. Delivery must be made during certain hours, generally between 8:30 A.M. to 10:30 A.M. and 12:30 P.M. to 2:30 P.M.ET, and must be made only on weekdays (Monday through Friday) except/excluding holidays. Other restrictions, include but are not limited to, thorough inspection of vehicle/trailer and needing security clearances. These restrictions may also apply for deliveries to other Authorized Users. It should be noted that correctional facilities occasionally have “lock downs” during which time there is no exit or entry.

There are certain Authorized Users that require specific delivery schedules due to security concerns. The hours listed herein are "general" hours and it is expected that the resultant contractor and the Authorized Users will come to a mutual agreement on times and days for recurring delivery.

SECTION 32 REFRIGERATION

Contractor must preserve product integrity, wholesomeness, safety, fitness, etc., by maintaining proper temperature with the use of refrigerated/freezer trucks for refrigerated and frozen goods; ambient trailers shall not be used to ship refrigerated/frozen product.

SECTION 33 PALLETIZATION

Contractor shall furnish commodity palletized on either 48” x 40” OR 40” x 32” four way GMA pallets as instructed by the Authorized User. Overall height, commodity plus pallet, shall not exceed 66”; maximum weight not to exceed 2,500 pounds. All shipping units shall have a uniform block and tier. Containers shall be strapped to pallets or shrink-wrapped to prevent movement of the load. Pallet shall be returned or exchanged to Contractor at time of delivery, on subsequent deliveries, or as arranged between the Contractor and the Authorized User.

While Contractor may utilize double palleting in shipping, Authorized Users do not have the ability to unload or handle double pallets. If double palleting is used, Contractor is responsible for unloading and ensuring safe handling.

Mixed loads of dissimilar products are to be avoided, as well as inappropriate stacking of heavy/dense items on top of light items.

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Some Authorized Users have limited receiving capabilities. Contractor must provide cart/hand truck delivery when required by Authorized User.

SECTION 34 STRAPPING/SHRINK WRAPPING

Stacked product shall be adequately strapped or shrink wrapped to prevent tipping and other movement during shipping, to ensure prompt unloading, and to avoid the need for restacking, etc..

SECTION 35 MINIMUM ORDER

Minimum order is $1,500 for delivery to a single location. The $1,500 minimum is for aggregate total of all products delivered to one location; products may be on more than one purchase order, products may be on more than one invoice.

All orders shall be labeled and packaged adequately to assure safe handling and proper delivery. Authorized Users shall be advised to combine orders to meet the minimum order. Contractor shall not be required to identify and combine multiple orders received from various departments within a single Authorized User in order to meet the minimum.

There shall be no additional charges, fees, delivery costs, etc., for back orders (product previously ordered and not delivered by contractor). Contractor may elect to deliver orders for less than the minimum order.

SECTION 36 OUT OF STOCK/NOT AVAILABLE PRODUCT

Contractor shall inform Authorized User of the availability date of non-filled and partial orders within 24 to 36 hours prior to scheduled delivery. In the event of out of stock/not available product situations, including Preferred Source items stocked and furnished by the Contractor, there shall be no substitution of products ordered without the express authorization of the Authorized User. Such substitutions shall be of same or better grade, quality, etc. Substitutions should not be made on a continuing basis. Explanation of repeated/continued substitutions shall be made to the State. Out-of-stock/not available product situations may be a basis for cancellation of contract and/or charging back for open market purchase or any other appropriate remedies. The Authorized User shall not be liable for unauthorized product substitution.

SECTION 37 UNUSABLE PRODUCT

Any claim that delivered product is unusable (damaged, rotten, non-edible, unacceptable substitution, etc.), shall be resolved by credit, substitution or any other applicable means for resolution within three (3) business days upon written notice from receiving Authorized User. If a satisfactory resolution is not reached between the Authorized User and the Contractor, a decision may be made by OGS that shall be final.

SECTION 38 PRODUCT RETURNS

Products ordered in error by the Authorized User may be assessed a restocking fee. If an authorized user returns a product ordered in error, but still in resalable condition, the Contractor may charge a 5% restocking fee by issuing a revised invoice to the authorized user. Restocking fees will be applied by occurrence.

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SECTION 39 PRODUCTS LEFT ON DOCK

Deliveries left on the loading dock without acceptance by the Authorized User shall be considered “abandoned goods” and may be returned at the Contractor’s expense or disposed of at the discretion of the Authorized User.

SECTION 40 FILL RATE

Contractor will use commercially reasonable standards to provide the Authorized User with the requested product in the requested time frame on 98% of all orders, not including preferred source items stocked and furnished as described in SECTION 9 CONTRACTOR STOCKING AND FURNISHING OF PREFERRED SOURCE PRODUCTS.

SECTION 41 FUEL SURCHARGE

The State shall consider the implementation of a fuel surcharge as a result of a national or worldwide catastrophe that causes the "Weekly US On-Highway Diesel Fuel Price" for the Central Atlantic (New York State) region to exceed 1.5 times the price per gallon at the time of bid opening, June 20, 2013. On June 20, 2013 the Weekly US On-Highway Diesel Fuel Price for Central Atlantic region was $3.91 therefore the price per gallon must exceed $5.87 per gallon before NYS will consider implementing a fuel surcharge. Prices shall be tracked using information obtained through the Energy Information Administration, United States Department of Energy's (EIA DOE) web site: (http://tonto.eia.doe.gov/oog/info/gdu/gasdiesel.asp).

For every twenty ($.20) cents per gallon that the price exceeds 1.5 times the cost of the referenced diesel fuel price at the time of bid opening, a delivery surcharge of $1.00 per delivery will be allowed.

For example, if $4.00 is the price of diesel on the date of bid opening and $6.20 is the current price, the difference above 1.5 times the price at time of bid opening is $.20. Therefore, a surcharge of $1.00 ($1.00 for every twenty cents) per delivery may be added.

The increase shall be figured in whole increments only. It is the responsibility of the Contractor to notify OGS of any request. All fuel surcharges shall take effect after written approval by OGS. Fuel surcharges will be reviewed (and updated, if necessary) weekly once a fuel surcharge has been implemented.

Once the "Weekly US On-Highway Diesel Fuel Price" for the Central Atlantic (New York State) region drops below 1.5 times the price per gallon threshold based upon the original bid opening date, the fuel surcharges shall be removed.

In the event fuel prices decrease by more than 50% of the price per gallon based upon the price in effect at the time of the bid opening using the "Weekly US On-Highway Diesel Fuel Price” the State shall apply a credit to each invoice as per the above example.

Contractor shall collect only one fuel surcharge per delivery, when applicable. Contractor shall not be allowed to collect additional fuel surcharges if additional delivery to the same site is made due to Contractor error, (i.e. backorder or shortage).

If Contractor is participating in an Opportunity Buy as the distributor, Contractor shall be allowed to charge the fuel surcharge, when applicable. (See SECTION 28 OPPORTUNITY BUYS.)

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SECTION 42 NEW ACCOUNTS

Contractor may ask State agencies and other Authorized Users to provide information such as documentation of eligibility to use New York State contracts, agency code, name, address, and contact person in order to facilitate the opening of a customer account. Authorized Users shall not be required to complete any credit applications or provide credit references.

SECTION 43 CUSTOMER SERVICE AND TOLL-FREE NUMBERS

The Contractor shall provide a sufficient number of employees who are knowledgeable and responsive to customer needs and who can effectively service the Contract. The Contractor shall designate and maintain a customer service representative for the contract.

Contractor must provide a toll-free telephone number for the Authorized Users’ usage. Contractor must staff this toll-free number at a minimum from 9:00 A.M. to 5:00 P.M. ET Monday through Friday. Contractor’s designated customer representative and toll free number are set forth in APPENDIX C – FOOD (Commercial: Downstate Region) DOCUMENTS, Number 2 Contractor Information.

SECTION 44 STANDARD PACKAGING:

Orders are to be drawn in quantities consistent with the industry standard.

EXCEPTION: See SECTION 20 PACKAGING/CONTAINER SECURITY REQUIREMENTS FOR SELECTED AUTHORIZED USERS.

SECTION 45 DISCREPANCIES

OGS or an Authorized User must notify Contractor of all order and/or invoice discrepancies within five business days from receipt. Contractor shall take all commercially reasonable steps to resolve discrepancies (e.g., shortages etc.) within five (5) business days of notice from OGS or an Authorized User.

SECTION 46 BILLING/ORDERING SYSTEMS

Cost centers or branch offices within an Authorized User may require separate invoicing as specified by each Authorized User. The Contractor's billing system shall be flexible enough to meet the needs of varying ordering systems in use by different Authorized Users.

SECTION 47 OTHER EXPENSES

The Authorized User shall not be liable for any expense incurred by the Contractor as a consequence of any traffic infraction or parking violations attributable to Contractor’s contract performance.

SECTION 48 PRODUCT LEAD TIME

In cases where a special order product, such as holiday meals, may have a longer than normal lead time, Contractor shall notify Authorized Users of the additional time needed to fill orders.

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SECTION 49 ADMINISTRATIVE AND REPORTING REQUIREMENTS

Contractor shall furnish a certified report of sales volume for all products provided under the Contract during each month, no later than the 10th of the following month starting with the first month after contract inception, in accordance with SECTION 51 AUDIT REPORTING.

Preferred Source List items provided by Contractor and Preferred Source item equivalents purchased when Preferred Source items are not available must be specifically identified as directed in APPENDIX C – FOOD (Commercial: Downstate Region) DOCUMENTS, Number 4, Report of Contract Usage Template.

Purchases by non-state agencies, political subdivisions and others authorized by law shall be reported in the same report and indicated as required.

A template for such report is included herein –APPENDIX C – FOOD (Commercial: Downstate Region) DOCUMENTS, Number 4, Report of Contract Usage.

All fields of information shall be accurate and complete. The report is to be submitted electronically in Microsoft Excel 2003 or newer (or as otherwise directed by OGS), via electronic mail to the attention of the individual designated by the Contract and shall reference the Group Number, the Award Number, Contract Number, Sales Period, Contractor's (or other authorized agent) Name, and all other fields required, using the report template.

Additionally, a certified Allowance Report shall be furnished to OGS every quarter. Such certification shall be in accordance with SECTION 51 AUDIT REPORTING. The certified report shall include all the above-defined applicable allowances, discounts, and special negotiated pricing agreements for New York State. The report must contain the item, description stock number of item, the terms of the agreement and the amount of the allowance. Any change to any allowance, discount or special negotiated pricing agreement shall be reported to OGS at the time of the report.

A template for such report is included herein APPENDIX C – FOOD (Commercial: Downstate Region) DOCUMENTS, Number 5, Allowance Report.

OGS reserves the right to amend the contract usage and allowance report templates.

Additional related sales information may be required by OGS and must be supplied upon request.

PERFORMANCE SURVEYS - Contractor shall be required, upon request, to provide performance surveys to Authorized Users. Contract performance measures may include, but not be limited to, the following: delivery time, fill rate; response time to inquiries; resolution of problems; Contractor’s staffs’ courtesy; and Contractor’s staff knowledge ability. The information reported on the surveys will be used to assess Contractor's performance and may, if necessary, be used to determine continuation or cancellation of the Contract.

The State reserves the right to request monthly documentation of Contractor's fill rate.

SECTION 50 AUTHORIZED USER COMPLAINTS

Authorized Users should notify OGS promptly of quality or delivery issues that should arise.

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Food Contract No. PC66401

SECTION 51 AUDIT REPORTING

The State (or the State’s designee) shall have the right to verify and audit Supplier Costs, billings, agreements, allowances, promotions, discounts, and rebates identified in Sections 13 through and including Section 20 of the Contract. OGS reserves the right to contact Contractor’s supplier(s) and request prices charged to Contractor for specific items. Contractor shall issue refunds, credits for sums due as a result of any overcharges, incorrect billings, incorrect payments, improperly retained applicable allowances etc. to the Authorized User or as designated by OGS. The requirements in SECTIONS 52 through 55 of the Contract are not intended to be restrictive; the State reserves the right to expand or diminish audit requirements as it deems proper and necessary to preserve the integrity of the contract. The number of products involved and the frequency of requests may be modified for both the bid evaluation and contract audits. The State further reserves the right to require Contractor to seek alternate pricing from independent suppliers if an OGS audit determines that the Related Party is not providing the most competitive pricing available in the market.

SECTION 52 REQUIRED CERTIFICATION

Contractor shall include the following statement with every invoice or other cost information, including but not limited to sales volumes and allowance reports, provided to the State:

“We certify, to the best of our knowledge, the invoices and other cost information submitted are correct and include all applicable allowances, rebates and discounts available to the State of New York.”

Such statement shall be signed by an authorized representative of the Contractor and shall be dated. The State will also accept an attachment or addendum or monthly report containing the above certification as long as all invoice numbers are listed that Contractor is certifying to be correct.

SECTION 53 CONTRACTOR’S PRICING TO AUTHORIZED USER

The State may perform audits of the contract each month by requesting Contractor invoices or billings for at least 20 products and validating prices charged against the relevant Price Guides. Failure to provide requested information within fourteen (14) calendar days may be the basis to cancel the contract, request a responsibility hearing or initiate other appropriate action.

Contractor must supply Price Guides to OGS electronically in an editable Microsoft Excel 2003 or newer file (or as otherwise directed by OGS), with the frequency described in SECTION 24 PRICE CHANGES.

The selection of items sold will be traced to supporting documentation to confirm cost used to calculate price and auditors will verify that the correct mark-up percentage was applied to calculate the price. The design of the sampling methodology will seek to cover the contract spend, it will be implemented based on comparison of contract pricing to benchmarking of pricing and changes from prior pricing.

SECTION 54 CONTRACTOR’S COST VERIFICATION

The State shall also have the right to verify costs, allowances, incoming freight, billings, etc. Failure of Contractor to provide requested information or to provide their supplier(s) verification of invoice(s)/bid pricing, etc., (when requested) to the State within fourteen (14) calendar days may be the basis to cancel the contract, request a responsibility hearing or initiate other appropriate action.

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SECTION 55 ADMINISTRATIVE FEE

In order to assist with the cost of administering and auditing for contract compliance, the Contractor must return to OGS, Office of Financial Administration, in the form of a business check or money order, a fee of 1/4 percent (.0025) of the total sales during each quarter, to be paid no later than thirty (30) calendar days after each calendar quarter. Included with the payment, Contractor must provide a statement listing each invoice on which the fee is based. The State may make use of any available contracts for auditing purposes.

SECTION 56 CONTRACT CANCELLATION

If the Contract is canceled within one year of bid opening, the State reserves the right to pursue an award to the next lowest responsive/responsible Bidder.

SECTION 57 PRODUCT REQUIREMENTS

GENERAL PRODUCT REQUIREMENTS

Product shall be as described in the Price Guides, and shall be the same as furnished to the general trade; meet or exceed USDA, USDC, State, and industry standards and requirements; have a freshness parameter for Authorized Users to have sufficient time from the date of delivery to consume these foods before quality deteriorates; and conform to State, Federal and industry standards with respect to safety. Conformance to standards and requirements shall include, but not be limited to:

weights;

measures;

fill of containers;

drained weights;

contamination; or

condition on delivery.

The Contractor guarantees any product delivered complies in all respects with standards and regulations established by Federal or New York State laws, including the Federal Food, Drug and Cosmetic Act, decisions of the U.S. Department of Agriculture, and decisions of the U.S. Department of Commerce. The Contractor also guarantees any product delivered is not adulterated or misbranded within the meaning of standards and regulations established by Federal or New York State laws. The Contractor may be required to submit a letter of guarantee from the supplier stating their compliance with Federal and/or New York State laws and regulations.

PATHOGENS

No Escherichia coli 0157:H7, or any other pathogens, are permitted in any product.

FROZEN PRODUCT

The maximum time products may be held in a frozen state prior to delivery shall be as follows:

FRESH FROZEN MEAT (except Ground and Diced Meat) - 90 calendar days

GROUND & DICED MEATS - 45 calendar days

CURED & PROCESSED MEAT - 45 calendar days

KOSHER AND PASSOVER CERTIFICATION

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Any product designated as "Kosher" shall comply and be labeled with a common accepted Kosher symbol as identified by the Chicago Rabbinical Council and listed on their website: http://www.crcweb.org/agency_list.php and shall meet all the requirements of that certification.

All Baked Goods products delivered shall be Kosher and “PARVE” (prepared without meat, milk, or their derivatives). All Baked Goods products are to be free of pork and pork by-products. Only vegetable oils shall be used in the making of products.

Any product designated as "Passover" shall comply with all requirements for Passover and be labeled with the correct certification.

GRADES & SPECIFICATIONS

All products offered under the Contract shall be grade B or better, unless otherwise specified. For meat products, the State recognizes there are different grades of beef, pork and lamb available in the industry. All products offered under the Contract shall be “USDA Select or Better”, unless otherwise specified. For poultry products, Contractor must provide ”USDA Grade A” when specified.

OGS and/or Authorized Users have the right on demand, to request verification that the specifications and grades for the food ordered are being provided by the Contractor.

SAMPLES AND TESTING

The State has the right to request samples at no charge and test any product available under the resulting contract in order to determine whether the item is acceptable and meets specifications and grades.

NEW YORK STATE FOOD PRODUCTS

Contractor may be required to designate New York State Food Products in their Price Guides.

State Agencies are expected, and New York state public authorities are strongly encouraged, to purchase New York State Food Products, unless the item does not meet their institutional or programmatic needs.

SECTION 58 DETAILED PRODUCT SPECIFICATIONS

A. MOLD, BACTERIA, ETC.

Products shall adhere to industry and government standards for levels of mold, bacteria, etc..

B. FRESHNESS CODES

Packaging shall contain an easily understood freshness code that contains the last date of use or sale, expressed in terms similar to “fresh thru”, “use by”, “for sale by” or some other logo easily read or understood by the general public.

C. TRANS FATS

Any food item containing partially hydrogenated vegetable oil, shortening or margarine must contain less than .05 grams of trans fat per serving. Upon request of an Authorized User, and when available from a specification sheet, the actual amount of trans fat per 100 grams of product (0.1 gram increments) shall be provided to the requesting Authorized User.

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D. FROZEN VEGETABLES

All frozen vegetables shall be individually quick frozen (IQF), spec bulk pack.

SECTION 59 CONTRACT RENEWALS AND SHORT TERM EXTENSIONS

A. CONTRACT PERIOD AND RENEWALS

The Contract shall commence on December 1st, 2014. Contractor shall commence delivery to Authorized Users on December 1, 2014. The Contract shall be in effect for five years from December 1st, 2014 through and including November 30th, 2019.

If mutually agreed between OGS and the Contractor, the contract may be renewed under the same terms and conditions for an additional one year period as described in Appendix B §71 – Contract Term - Renewal.

Price decreases and percentage mark-up decreases are permitted at any time. Authorized Users are encouraged to negotiate additional discounts, where possible.

B. SHORT TERM EXTENSION

In the event the replacement contract has not been issued, the Contract may be extended unilaterally by the State for an additional period of up to two months upon notice to the Contractor with the same terms and conditions as the original contract including, but not limited to, quantities (prorated for such two month extension), prices, and delivery requirements. With the concurrence of the Contractor, the extension may be for a period of up to three months in lieu of two months. However, this extension terminates should the replacement contract be issued in the interim. See also Appendix B §71, Contract Term – Renewal.

SECTION 60 INSURANCE

Contractor must maintain the required insurances as set forth below and in See APPENDIX C – FOOD (Commercial: Downstate Region) DOCUMENTS, Number 6, Contractor Insurance Requirements, during the Contract period and any renewals thereof.

Workers’ Compensation Law (WCL) §57 & §220 requires the heads of all municipal and state entities to ensure that businesses applying for permits, licenses or contracts document it has appropriate workers’ compensation and disability benefits insurance coverage. These requirements apply to both original contracts and renewals, whether the governmental agency is having the work done or is simply issuing the permit, license or contract. Proof of compliance with Workers’ Compensation and Disability Benefits Coverage requirements must comply with the requirements set out in APPENDIX C – FOOD (Commercial: Downstate Region) DOCUMENTS, Number 6, Contractor Insurance Requirements.

SECTION 61 NYS VENDOR RESPONSIBILITY

The Contractor shall at all times during the Contract term remain responsible. The Contractor agrees, if requested by the Commissioner of OGS or his or her designee, to present evidence of its continuing legal

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authority to do business in New York State, integrity, experience, ability, prior performance, and organizational and financial capacity.

The Commissioner of OGS or his or her designee, in his or her sole discretion, reserves the right to suspend any or all activities under this Contract, at any time, when he or she discovers information that calls into question the responsibility of the Contractor. In the event of such suspension, the Contractor will be given written notice outlining the particulars of such suspension. Upon issuance of such notice, the Contractor must comply with the terms of the suspension order. Contract activity may resume at such time as the Commissioner of OGS or her designee issues a written notice authorizing a resumption of performance under the Contract.

Upon written notice to the Contractor, and a reasonable opportunity to be heard with appropriate OGS officials or staff, the Contract may be terminated by the Commissioner of OGS or her designee at the Contractor’s expense where the Contractor is determined by the Commissioner of OGS or her designee to be non-responsible. In such event, the Commissioner of OGS or her designee may complete the contractual requirements in any manner he or she may deem advisable and pursue available legal or equitable remedies for breach.

In no case shall such termination of the Contract by the State be deemed a breach thereof, nor shall the State be liable for any damages for lost profits or otherwise, which may be sustained by the Contractor as a result of such termination.

SECTION 62 EXTENSION OF USE

This Contract may be extended to additional States or governmental jurisdictions upon mutual written agreement between New York State (the lead contracting State) and the contractor. Political subdivisions and other authorized entities within each participating State or governmental jurisdiction may also participate in any resultant contract if such State normally allows participation by such entities. New York State reserves the right to negotiate additional discounts based on any increased volume generated by such extensions.

SECTION 63 CENTRALIZED CONTRACT MODIFICATIONS

A. OGS, an Authorized User, or the Contractor may suggest modifications to the Centralized Contract or its Appendices. Except as specifically provided herein, modifications to the terms and conditions set forth herein may only be made with mutual written agreement of the Parties. Modifications may take the form of an update or an amendment. “Updates” are changes that do not require a change to the established Centralized Contract terms and conditions. A request to add new products at the same or better price level is an example of an update. “Amendments” are any changes that are not specifically covered by the terms and conditions of the Centralized Contract, but inclusion is found to be in the best interest of the State. A request to change a contractual term and condition is an example of an amendment.

B. Updates to the Centralized Contract and the Appendices may be made in accordance with the contractual terms and conditions to incorporate new products or services, make price level revisions, delete products or services, or to make such other updates to the established Centralized Contract terms and conditions, not resulting in a change to such terms and conditions, which are deemed to be in the best interest of the State.

C. OGS reserves the right to consider modifications which are not specifically covered by the terms of the Centralized Contract, but are judged to be in the best interest of the State. Such modifications are deemed amendments to the Centralized Contract and may require negotiations between Contractor and OGS before execution.

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D. All modifications proposed by Contractor, shall be processed in accordance with APPENDIX C – FOOD (Commercial Downstate Region) DOCUMENTS, Number 7, Contract Modification Procedure. The Contractor shall submit all requests in the form and format contained in APPENDIX C – FOOD (Commercial: Downstate Region) DOCUMENTS, Number 7, Contract Modification Procedure.

The form contained within APPENDIX C – FOOD (Commercial: Downstate Region) DOCUMENTS, Number 7, Contract Modification Procedure is subject to change at the sole discretion of OGS.

E. Modifications proposed by OGS or an Authorized User, including updates and amendments, shall be processed in accordance with the terms of the Centralized Contract and Appendix B, §40.

SECTION 64 USE OF RECYCLED OR REMANUFACTURED MATERIALS

New York State, as a member of the Council of Great Lakes Governors, supports and encourages vendors to use recycled, remanufactured or recovered materials in the manufacture of products and packaging to the maximum extent practicable without jeopardizing the performance or intended end use of the product or packaging unless such use is precluded due to health or safety requirements or product specifications contained herein. Refurbished or remanufactured components or products are required to be restored to original performance and regulatory standards and functions and are required to meet all other requirements of this bid solicitation. Warranties on refurbished or remanufactured components or products must be identical to the manufacturer's new equipment warranty or industry's normal warranty when remanufacturer does not offer new equipment. See "Remanufactured, Recycled, Recyclable or Recovered Materials" in Appendix B, OGS General Specifications.

SECTION 65 DIESEL EMISSION REDUCTION ACT OF 2006 (NEW REQUIREMENT OF LAW)

On February 12, 2007 the Diesel Emissions Reduction Act took effect as law (the “Law”). Pursuant to new §19-0323 of the N.Y. Environmental Conservation Law (“NYECL”) it is now a requirement that heavy duty diesel vehicles in excess of 8,500 pounds use the best available retrofit technology (“BART”) and ultra low sulfur diesel fuel (“ULSD”). The requirement of the Law applies to all vehicles owned, operated by or on behalf of, or leased by State agencies and State or regional public authorities. They need to be operated exclusively on ULSD by February 12, 2007. It also requires that such vehicles owned, operated by or on behalf of, or leased by State agencies and State or regional public authorities with more than half of its governing body appointed by the Governor utilize BART.

As a contract vendor the Law may be applicable to vehicles used by contract vendors “on behalf of” State agencies and public authorities. All heavy duty diesel vehicles must have BART by December 31, 2012. The Law also provides a list of exempted vehicles. Regulations currently being drafted will provide further guidance as to the effects of the Law on contract vendors using heavy duty diesel vehicles on behalf of the State. The Law also permits waivers of ULSD and BART under limited circumstances at the discretion of the Commissioner of Environmental Conservation. The Law will also require reporting from State agencies and from contract vendors in affected contracts.

Therefore, the Contractor hereby certifies and warrants that all heavy duty vehicles, as defined in NYECL §19-0323, to be used under this contract, will comply with the specifications and provisions of NYECL §19-0323, and any regulations promulgated pursuant thereto, which requires the use of BART and ULSD, unless specifically waived by NYSDEC. Qualification and application for a waiver under this Law will be the responsibility of the Contractor.

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SECTION 66 ENVIRONMENTAL ATTRIBUTES AND NYS EXECUTIVE ORDER 4

New York State is committed to environmental sustainability and endeavors to procure products with reduced environmental impact. One example of this commitment may be found in Executive Order No. 4 (Establishing a State Green Procurement and Agency Sustainability Program), which imposes certain requirements on state agencies, authorities, and public benefit corporations when procuring commodities, services, and technology. More information on Executive Order No. 4, including specifications for offerings covered by this Contract, may be found at http://ogs.ny.gov/EO/4/Default.asp. The Executive Order No. 4 specification for single use food containers and single use food service utensils adopted in May 2010, for example, requires all single use food containers, coatings, and single use food service utensils, to the maximum extent practicable, be compostable as defined under the ASTM Standard Specification for Compostable Plastics (D6400-04) and ASTM Standard Specification for Compostable Plastics Used as Coatings on Paper and Other Compostable Substrates (D6868-03) or, if such standard is not applicable, be biodegradable and where possible certified by the Biodegradable Products Institute (BPI). State entities subject to Executive Order No. 4 are advised to become familiar with the specifications that have been developed in accordance with the Order, and to incorporate them, as applicable, when making purchases under this Contract.

SECTION 67 PERFORMANCE AND BID BONDS

There are no BONDS for this contract. In accordance with Appendix B, Clause 58 “Performance/Bid Bond,” the Commissioner of OGS has determined that no performance, payment or Bid bond, or negotiable irrevocable letter of credit or other form of security for the faithful performance of the Contract shall be required at any time during the Initial Term, or any renewal term, for this Contract.

SECTION 68 PARTICIPATION BY MINORITY GROUP MEMBERS AND WOMEN WITH RESPECT TO STATE CONTRACTS: REQUIREMENTS AND PROCEDURES

I. General Provisions

A. OGS is required to implement the provisions of New York State Executive Law Article 15-A and 5 NYCRR Parts 142-144 (“MWBE Regulations”) for all State contracts as defined therein, with a value (1) in excess of $25,000 for labor, services, equipment, materials, or any combination of the foregoing or (2) in excess of $100,000 for real property renovations and construction.

B. The Contractor agrees, in addition to any other nondiscrimination provision of the Contract and at no additional cost to OGS, to fully comply and cooperate with OGS in the implementation of New York State Executive Law Article 15-A. These requirements include equal employment opportunities for minority group members and women (“EEO”) and contracting opportunities for New York State Certified minority and women-owned business enterprises (“MWBEs”). Contractor’s demonstration of “good faith efforts” pursuant to 5 NYCRR §142.8 shall be a part of these requirements. These provisions shall be deemed supplementary to, and not in lieu of, the nondiscrimination provisions required by New York State Executive Law Article 15 (the “Human Rights Law”) or other applicable federal, state or local laws.

C. Failure to comply with all of the requirements herein may result in a finding of non-responsiveness, non-responsibility and/or a breach of contract, leading to the withholding of funds, suspension or termination of the Contract or such other actions or enforcement proceedings as allowed by the Contract.

II. Contract Goals

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For purposes of this procurement, OGS conducted a comprehensive search and determined that this contract does not offer sufficient opportunities to set goals for participation by MWBEs as subcontractors, service providers and suppliers to Contractor. Contractor is however encouraged to make every good faith effort to promote and assist the participation of MWBEs on this Contract for the provision of services and materials. To locate MWBEs, the Directory of Certified Businesses can be viewed at: http://www.esd.ny.gov/MWBE/directorySearch.html.

III. Equal Employment Opportunity (EEO)

A. Contractor agrees to be bound by the provisions of New York State Executive Law Article 15-A and the MWBE Regulations promulgated by the Division of Minority and Women's Business Development of the Department of Economic Development (the “Division”). If any of these terms or provisions conflict with applicable law or regulations, such laws and regulations shall supersede these requirements.

B. Contractor shall comply with the following provisions of Article 15-A:

1. Contractor and Subcontractors shall undertake or continue existing EEO programs to ensure that minority group members and women are afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. For these purposes, EEO shall apply in the areas of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation.

2. The Contractor shall:

a. Submit an EEO policy statement to OGS with the bid, or

b. If Contractor does not have an existing EEO policy statement, the Contractor shall sign and submit Appendix D Minority and Women-Owned Business Enterprises and Equal Employment Opportunity Policy Statement annexed hereto; or

c. Contractor shall certify and affirm that the text set forth in clause 12 of Appendix A, attached hereto and made a part hereof, is Contractor’s equal employment opportunity policy.

3. The Contractor’s EEO policy statement shall include the following language:

a. The Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, age, disability or marital status, will undertake or continue existing EEO programs to ensure that minority group members and women are afforded equal employment opportunities without discrimination, and shall make and document its conscientious and active efforts to employ and utilize minority group members and women in its work force.

b. The Contractor shall state in all solicitations or advertisements for employees that, in the performance of the contract, all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status.

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c. The Contractor shall request each employment agency, labor union, or authorized representative of workers with which it has a collective bargaining or other agreement or understanding, to furnish a written statement that such employment agency, labor union, or representative will not discriminate on the basis of race, creed, color, national origin, sex age, disability or marital status and that such union or representative will affirmatively cooperate in the implementation of the Contractor's obligations herein.

d. The Contractor will include the provisions of Subdivisions (a) through (c) of this Subsection 3 and Paragraph “E” of this Section II, which provides for relevant provisions of the Human Rights Law, in every subcontract in such a manner that the requirements of the subdivisions will be binding upon each subcontractor as to work in connection with the Contract.

C. To ensure compliance with this Section, the Contractor shall submit Form EEO 100- Staffing Plan to document the composition of the proposed workforce to be utilized in the performance of the Contract by the specified categories listed, including ethnic background, gender, and Federal occupational categories. Contractor shall complete the Staffing plan form and submit it as part of their contract.

D. Form EEO 101 - Workforce Employment Utilization Report (“Workforce Report”) Contractor and OGS agree that Contract is unable to separate out the workforce utilized in the performance of the Contract from Contractor’s and/or subcontractor’s total workforce and that the information provided on the previously submitted Staffing Plan is Contractor’s total workforce during the subject time frame, not limited to work specifically under the contract.

E. Contractor shall comply with the provisions of the Human Rights Law, all other State and Federal statutory and constitutional non-discrimination provisions. Contractor and subcontractors shall not discriminate against any employee or applicant for employment because of race, creed (religion), color, sex, national origin, sexual orientation, military status, age, disability, predisposing genetic characteristic, marital status or domestic violence victim status, and shall also follow the requirements of the Human Rights Law with regard to non-discrimination on the basis of prior criminal conviction and prior arrest.

SECTION 69 WEB ACCESSABILITY

Responsibility for Content: Contractor is solely responsible for administration, content, intellectual property rights and all materials at Contractor’s website. Contractor is solely responsible for its actions and those of its agents, employees, resellers, subcontractors or assigns, and agrees that neither Contractor nor any of the foregoing has any authority to act or speak on behalf of the State. As applicable, Contractor agrees to comply with the Office of Information Technology Services f/k/a Office for Technology policy NYS-P08-005 Accessibility of Web-Based Information and Applications, as may be amended, the stated purpose of which is to make State Agency web-based Intranet and Internet information accessible for persons with disabilities. In accordance with such policy, the following language is incorporated into this Contract:

Any web-based information and applications development, or programming delivered pursuant to the Contract, will comply with New York State Enterprise IT Policy NYS-P08-005, Accessibility of Web-Based Information and Applications as such policy may be amended, modified or superseded, which requires that state agency web-based information and applications are accessible to persons with disabilities. Web-based information and applications must conform to New York State Enterprise IT Policy NYS-P08-005 as determined by quality assurance testing. Such quality assurance testing will be conducted by (state agency name, contractor or other) and the results of such testing must be satisfactory to (state agency name) before web-based information and applications will be considered a qualified deliverable under the contract or procurement

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SECTION 70 ADDITIONAL REQUIREMENTS

A. For reasons of safety and public policy, in any contract resulting from this procurement, the use of illegal drugs and/or alcoholic beverages by the Contractor or its personnel shall not be permitted while performing any phase of the work herein specified.

B. The State will not be liable for any expense incurred by the Contractor for any parking fees or as a consequence of any traffic infraction or parking violations attributable to employees of the Contractor.

SECTION 71 NEW YORK STATE STATEWIDE FINANCIAL SYSTEM

The New York State Statewide Financial System (SFS) went live for NYS agencies in April 2012. Future SFS procurement functionality envisions the ability to fully host Contract catalogs or to integrate Contractor-hosted punch-out catalogs. OGS reserves the right to integrate either of these future catalog functions with a Contractor during the contract period, Contractor agrees to coordinate with SFS for integration if OGS exercises its right to do so. No costs or expenses associated with providing information and integration shall be charged to NYS. Technical Requirements for the data elements, such as data types, maximum field lengths, and cXML element names shall be provided by SFS during integration. Upon completion of integration and activation of an SFS-based catalog ordering system, State agencies shall process their orders through the SFS functionality and the other Authorized Users shall continue to process orders in accordance with Contract terms and conditions, including through any Contractor-hosted web based ordering system; however, Contractor shall continue to be subject to provisions in SECTION 27 WEB BASED ORDERING SYSTEM. For more information on SFS, its use, and its capabilities please visit the SFS website here: http://www.sfs.ny.gov/.

SECTION 72 USE OF CONTRACT BY STATE AGENCIES, POLITICAL SUBDIVISIONS AND OTHER AUTHORIZED USERS

A. NON-STATE AGENCIES PARTICIPATION IN CENTRALIZED CONTRACTS

New York State political subdivisions and others authorized by New York State law may participate in contracts. These include, but are not limited to local governments, public authorities, public school and fire districts, public and nonprofit libraries, and certain other nonpublic/nonprofit organizations. See "Participation in Centralized Contracts" in Appendix B, OGS General Specifications. For purchase orders issued by the Port Authority of New York and New Jersey (or any other authorized entity that may have delivery locations adjacent to New York State), the terms of the "Price" clause shall be modified to include delivery to locations adjacent to New York State.

Upon request, all eligible non-State agencies must furnish contractors with the proper tax exemption certificates and documentation certifying eligibility to use State contracts. A list of categories of eligible entities is available on the OGS web site (http://www.ogs.state.ny.us/purchase/snt/othersuse.asp). Questions regarding an organization's eligibility to purchase from New York State Contracts may also be directed to OGS Procurement Services Group's Customer Services at (518)474-6717.

B. OVERLAPPING CONTRACT ITEMS

Products available in the Contract may also be available from other New York State contracts. Authorized Users will be advised to select the most cost effective procurement alternative that meets their program requirements and to maintain a procurement record documenting the basis for this selection.

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SECTION 73 “OGS OR LESS" GUIDELINES APPLY TO THIS CONTRACT

Purchases of the products included in the Contract are subject to the "OGS or Less" provisions of New York State Finance Law §163(3) (a) (v). This means that State agencies can purchase products from sources other than the Contractor provided that such products are substantially similar in form, function or utility to the products herein and are:

1. lower in price

-and/or-

2. available under terms which are more economically efficient to the State agency (e.g. delivery terms, warranty terms, etc.).

Agencies are reminded that they must provide the State contractor an opportunity to match the non-contract savings at least two business days prior to purchase. In addition, purchases made under "OGS or Less" flexibility must meet all requirements of law including, but not limited to, advertising in the New York State Contract Reporter, prior approval of the Comptroller's Office and competitive bidding of requirements exceeding the discretionary bid limit. State agencies should refer to Procurement Council Bulletin "OGS or Less Purchases" for complete procedural and reporting requirements.

SECTION 74 DISPUTE RESOLUTION POLICY

It is the policy of the OGS’ Procurement Services Group (PSG) to provide vendors with an opportunity to administratively resolve disputes, complaints or inquiries related to PSG bid solicitations or contract awards. PSG encourages vendors to seek resolution of disputes through consultation with PSG staff. All such matters will be accorded impartial and timely consideration. Interested parties may also file formal written disputes. A copy of PSG’s Dispute Resolution Procedures for Vendors may be obtained by contacting the person shown on the front of this Invitation for Bids or through the OGS website (www.ogs.ny.gov).

SECTION 75 NOTICES

All notices, demands, designations, certificates, requests, offers, consents, approvals and other instruments given pursuant to this Agreement shall be in writing and shall be validly given when mailed by registered or certified mail, or hand delivered, (is) if to the State, addressed to the State at its address set forth below and (ii) if to Contractor, addressed to Contract Administrator at the address set forth in Appendix C FOOD (Commercial: Downstate Region) DOCUMENTS, Number 2 Contractor Information. The Parties may from time to time, specify any address in the United States as its address for purpose of notices under this Agreement by giving fifteen (15) days written notice to the other party. The Parties agree to mutually designate individuals as their respective representatives for purposes of this Agreement. The New York State Contract Administrator for this Contract is set forth below and will be updated through the P-memo process. The Contractor’s Contract Administrator is initially set forth in Appendix C FOOD (Commercial: Downstate Region) DOCUMENTS, Number 2 Contractor Information and will be updated though the P-memo process. All notices sent shall be effective upon actual receipt by the receiving party. The Contractor will be required to forward a copy of the official notice to an Authorized User that is associated with the subject of the notice.

Written notice of any alleged breach by one party to the other shall provide specific facts, circumstances and grounds upon which the breach is being declared.

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G r o u p 0 2 4 5 0 – F O O D ( C o m m e r c i a l ) ( S t a t e w i d e ) P a g e | 37

Food Contract No. PC66401

TO STATE: Phyllis Keeler

Contract Management Specialist I Corning Tower, Empire State Plaza 38th Floor, New York State Procurement (NYSPro) Albany, NY 12242 Telephone: 518-408-6397 E-mail: [email protected]

SECTION 76 CAPTIONS

The captions contained in this Contract are intended for convenience and reference purposes only and shall in no way be deemed to define or limit any provision thereof.

SECTION 77 SEVERABILITY

If any provision of this Contract is deemed invalid or unenforceable, such determination shall have no effect on the balance of the Contract, which shall be enforced and interpreted as if such provision was never included in the Contract.

SECTION 78 COUNTERPARTS

This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute the same Agreement. Any signature page of any such counterpart may be attached or appended to any counterpart to complete a fully executed counterpart of this Agreement, and shall bind such party.

SECTION 79 ENTIRE AGREEMENT

This Contract and the referenced appendices constitute the entire agreement between the parties thereto and no statement, promise, condition, understanding, inducement or representation, oral or written, expressed or implied, which is not contained herein shall be binding or valid and the Contract shall not be changed, modified or altered in any manner except by an instrument in writing executed by the State and the Contractor, with all necessary approvals. Authorized Users shall not have the authority to modify the terms of the Contract, except as to better terms and pricing for a particular procurement than those set forth herein in accordance with the terms set forth in Appendix B Clauses 40, Modification of Contract Terms, and 44, Purchase Orders.

Page 38: Executed Contract

SIGNATURE PAGE

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. The parties further hereby certify that original copies of this executed and approved signature page will be affixed, upon final approval, to exact copies of this Agreement being executed simultaneously herewith.

CONTRACTOR THE PEOPLE OF THE STATE OF NEW YORK

Signature: _______________________________ Signature: _______________________________

Date: ___________________________________ Date: ________________________________________

Printed Name: _____________________________ Printed Name _____________________________

Title: ____________________________________ Title: ____________________________________

Company Name: ___________________________ Office of General Services

Federal ID: _______________________________

NYS Vendor ID ____________________________

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G r o u p 0 2 4 5 0 – F O O D ( C o m m e r c i a l ) ( S t a t e w i d e ) P a g e | 39

Food Contract No. PC66401

INDIVIDUAL, CORPORATION, PARTNERSHIP, OR LLC ACKNOWLEDGMENT

STATE OF

: SS.:

COUNTY OF

On the ____ day of ___________________ in the year 20 __ , before me personally appeared _______________________________________ , known to me to be the person who executed the foregoing instrument, who, being duly sworn by me did depose and say that he maintains an office at _____________________________________________________________, Town of ______________________________________________ , County of _______________________________ , State of ______________________________ ; and further that:

[Check One]

( If an individual): _he executed the foregoing instrument in his/her name and on his/her own behalf.

( If a corporation): _he is the _________________________________ of ____________________________________ , the corporation described in said instrument; that, by authority of the Board of Directors of said corporation, _he is authorized to execute the foregoing instrument on behalf of the corporation for purposes set forth therein; and that, pursuant to that authority, _he executed the foregoing instrument in the name of and on behalf of said corporation as the act and deed of said corporation.

( If a partnership): _he is the ________________________________ of ___________________________________, the partnership described in said instrument; that, by the terms of said partnership, _he is authorized to execute the foregoing instrument on behalf of the partnership for purposes set forth therein; and that, pursuant to that authority, _he executed the foregoing instrument in the name of and on behalf of said partnership as the act and deed of said partnership.

( If a limited liability company): _he is a duly authorized member of ________________________________, LLC, the limited liability company described in said instrument; that _he is authorized to execute the foregoing instrument on behalf of the limited liability company for purposes set forth therein; and that, pursuant to that authority, _he executed the foregoing instrument in the name of and on behalf of said limited liability company as the act and deed of said limited liability company.

________________________________________________

Notary Public

Registration No.

Page 40: Executed Contract

January 2014

APPENDIX A

STANDARD CLAUSES FOR NEW YORK STATE CONTRACTS

PLEASE RETAIN THIS DOCUMENT

FOR FUTURE REFERENCE.

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STANDARD CLAUSES FOR NYS CONTRACTS APPENDIX A

Page 2 January 2014

TABLE OF CONTENTS

Page

1. Executory Clause 3

2. Non-Assignment Clause 3

3. Comptroller’s Approval 3

4. Workers’ Compensation Benefits 3

5. Non-Discrimination Requirements 3

6. Wage and Hours Provisions 3

7. Non-Collusive Bidding Certification 4

8. International Boycott Prohibition 4

9. Set-Off Rights 4

10. Records 4

11. Identifying Information and Privacy Notification 4

12. Equal Employment Opportunities For Minorities and Women 4-5

13. Conflicting Terms 5

14. Governing Law 5

15. Late Payment 5

16. No Arbitration 5

17. Service of Process 5

18. Prohibition on Purchase of Tropical Hardwoods 5-6

19. MacBride Fair Employment Principles 6

20. Omnibus Procurement Act of 1992 6

21. Reciprocity and Sanctions Provisions 6

22. Compliance with New York State Information Security Breach and Notification Act 6

23. Compliance with Consultant Disclosure Law 6

24. Procurement Lobbying 7

25. Certification of Registration to Collect Sales and Compensating Use Tax by Certain 7

State Contractors, Affiliates and Subcontractors

26. Iran Divestment Act 7

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STANDARD CLAUSES FOR NYS CONTRACTS APPENDIX A

Page 3 January 2014

STANDARD CLAUSES FOR NYS CONTRACTS

The parties to the attached contract, license, lease, amendment

or other agreement of any kind (hereinafter, "the contract" or

"this contract") agree to be bound by the following clauses

which are hereby made a part of the contract (the word

"Contractor" herein refers to any party other than the State,

whether a contractor, licenser, licensee, lessor, lessee or any

other party):

1. EXECUTORY CLAUSE. In accordance with Section 41

of the State Finance Law, the State shall have no liability under

this contract to the Contractor or to anyone else beyond funds

appropriated and available for this contract.

2. NON-ASSIGNMENT CLAUSE. In accordance with

Section 138 of the State Finance Law, this contract may not be

assigned by the Contractor or its right, title or interest therein

assigned, transferred, conveyed, sublet or otherwise disposed of

without the State’s previous written consent, and attempts to do

so are null and void. Notwithstanding the foregoing, such prior

written consent of an assignment of a contract let pursuant to

Article XI of the State Finance Law may be waived at the

discretion of the contracting agency and with the concurrence

of the State Comptroller where the original contract was subject

to the State Comptroller’s approval, where the assignment is

due to a reorganization, merger or consolidation of the

Contractor’s business entity or enterprise. The State retains its

right to approve an assignment and to require that any

Contractor demonstrate its responsibility to do business with

the State. The Contractor may, however, assign its right to

receive payments without the State’s prior written consent

unless this contract concerns Certificates of Participation

pursuant to Article 5-A of the State Finance Law.

3. COMPTROLLER'S APPROVAL. In accordance with

Section 112 of the State Finance Law (or, if this contract is with

the State University or City University of New York, Section

355 or Section 6218 of the Education Law), if this contract

exceeds $50,000 (or the minimum thresholds agreed to by the

Office of the State Comptroller for certain S.U.N.Y. and

C.U.N.Y. contracts), or if this is an amendment for any amount

to a contract which, as so amended, exceeds said statutory

amount, or if, by this contract, the State agrees to give

something other than money when the value or reasonably

estimated value of such consideration exceeds $10,000, it shall

not be valid, effective or binding upon the State until it has been

approved by the State Comptroller and filed in his office.

Comptroller's approval of contracts let by the Office of General

Services is required when such contracts exceed $85,000 (State

Finance Law Section 163.6-a). However, such pre-approval

shall not be required for any contract established as a

centralized contract through the Office of General Services or

for a purchase order or other transaction issued under such

centralized contract.

4. WORKERS' COMPENSATION BENEFITS. In

accordance with Section 142 of the State Finance Law, this

contract shall be void and of no force and effect unless the

Contractor shall provide and maintain coverage during the life

of this contract for the benefit of such employees as are required

to be covered by the provisions of the Workers' Compensation

Law.

5. NON-DISCRIMINATION REQUIREMENTS. To the

extent required by Article 15 of the Executive Law (also known

as the Human Rights Law) and all other State and Federal

statutory and constitutional non-discrimination provisions, the

Contractor will not discriminate against any employee or

applicant for employment because of race, creed, color, sex

(including gender identity or expression), national origin,

sexual orientation, military status, age, disability, predisposing

genetic characteristics, marital status or domestic violence

victim status. Furthermore, in accordance with Section 220-e

of the Labor Law, if this is a contract for the construction,

alteration or repair of any public building or public work or for

the manufacture, sale or distribution of materials, equipment or

supplies, and to the extent that this contract shall be performed

within the State of New York, Contractor agrees that neither it

nor its subcontractors shall, by reason of race, creed, color,

disability, sex, or national origin: (a) discriminate in hiring

against any New York State citizen who is qualified and

available to perform the work; or (b) discriminate against or

intimidate any employee hired for the performance of work

under this contract. If this is a building service contract as

defined in Section 230 of the Labor Law, then, in accordance

with Section 239 thereof, Contractor agrees that neither it nor

its subcontractors shall by reason of race, creed, color, national

origin, age, sex or disability: (a) discriminate in hiring against

any New York State citizen who is qualified and available to

perform the work; or (b) discriminate against or intimidate any

employee hired for the performance of work under this contract.

Contractor is subject to fines of $50.00 per person per day for

any violation of Section 220-e or Section 239 as well as possible

termination of this contract and forfeiture of all moneys due

hereunder for a second or subsequent violation.

6. WAGE AND HOURS PROVISIONS. If this is a public

work contract covered by Article 8 of the Labor Law or a

building service contract covered by Article 9 thereof, neither

Contractor's employees nor the employees of its subcontractors

may be required or permitted to work more than the number of

hours or days stated in said statutes, except as otherwise

provided in the Labor Law and as set forth in prevailing wage

and supplement schedules issued by the State Labor

Department. Furthermore, Contractor and its subcontractors

must pay at least the prevailing wage rate and pay or provide

the prevailing supplements, including the premium rates for

overtime pay, as determined by the State Labor Department in

accordance with the Labor Law. Additionally, effective April

28, 2008, if this is a public work contract covered by Article 8

of the Labor Law, the Contractor understands and agrees that

the filing of payrolls in a manner consistent with Subdivision 3-

a of Section 220 of the Labor Law shall be a condition precedent

to payment by the State of any State approved sums due and

owing for work done upon the project.

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STANDARD CLAUSES FOR NYS CONTRACTS APPENDIX A

Page 4 January 2014

7. NON-COLLUSIVE BIDDING CERTIFICATION. In

accordance with Section 139-d of the State Finance Law, if this

contract was awarded based upon the submission of bids,

Contractor affirms, under penalty of perjury, that its bid was

arrived at independently and without collusion aimed at

restricting competition. Contractor further affirms that, at the

time Contractor submitted its bid, an authorized and responsible

person executed and delivered to the State a non-collusive

bidding certification on Contractor's behalf.

8. INTERNATIONAL BOYCOTT PROHIBITION. In

accordance with Section 220-f of the Labor Law and Section

139-h of the State Finance Law, if this contract exceeds $5,000,

the Contractor agrees, as a material condition of the contract,

that neither the Contractor nor any substantially owned or

affiliated person, firm, partnership or corporation has

participated, is participating, or shall participate in an

international boycott in violation of the federal Export

Administration Act of 1979 (50 USC App. Sections 2401 et

seq.) or regulations thereunder. If such Contractor, or any of

the aforesaid affiliates of Contractor, is convicted or is

otherwise found to have violated said laws or regulations upon

the final determination of the United States Commerce

Department or any other appropriate agency of the United

States subsequent to the contract's execution, such contract,

amendment or modification thereto shall be rendered forfeit and

void. The Contractor shall so notify the State Comptroller

within five (5) business days of such conviction, determination

or disposition of appeal (2NYCRR 105.4).

9. SET-OFF RIGHTS. The State shall have all of its common

law, equitable and statutory rights of set-off. These rights shall

include, but not be limited to, the State's option to withhold for

the purposes of set-off any moneys due to the Contractor under

this contract up to any amounts due and owing to the State with

regard to this contract, any other contract with any State

department or agency, including any contract for a term

commencing prior to the term of this contract, plus any amounts

due and owing to the State for any other reason including,

without limitation, tax delinquencies, fee delinquencies or

monetary penalties relative thereto. The State shall exercise its

set-off rights in accordance with normal State practices

including, in cases of set-off pursuant to an audit, the

finalization of such audit by the State agency, its

representatives, or the State Comptroller.

10. RECORDS. The Contractor shall establish and maintain

complete and accurate books, records, documents, accounts and

other evidence directly pertinent to performance under this

contract (hereinafter, collectively, "the Records"). The Records

must be kept for the balance of the calendar year in which they

were made and for six (6) additional years thereafter. The State

Comptroller, the Attorney General and any other person or

entity authorized to conduct an examination, as well as the

agency or agencies involved in this contract, shall have access

to the Records during normal business hours at an office of the

Contractor within the State of New York or, if no such office is

available, at a mutually agreeable and reasonable venue within

the State, for the term specified above for the purposes of

inspection, auditing and copying. The State shall take

reasonable steps to protect from public disclosure any of the

Records which are exempt from disclosure under Section 87 of

the Public Officers Law (the "Statute") provided that: (i) the

Contractor shall timely inform an appropriate State official, in

writing, that said records should not be disclosed; and (ii) said

records shall be sufficiently identified; and (iii) designation of

said records as exempt under the Statute is reasonable. Nothing

contained herein shall diminish, or in any way adversely affect,

the State's right to discovery in any pending or future litigation.

11. IDENTIFYING INFORMATION AND PRIVACY

NOTIFICATION. (a) Identification Number(s). Every

invoice or New York State Claim for Payment submitted to a

New York State agency by a payee, for payment for the sale of

goods or services or for transactions (e.g., leases, easements,

licenses, etc.) related to real or personal property must include

the payee's identification number. The number is any or all of

the following: (i) the payee’s Federal employer identification

number, (ii) the payee’s Federal social security number, and/or

(iii) the payee’s Vendor Identification Number assigned by the

Statewide Financial System. Failure to include such number or

numbers may delay payment. Where the payee does not have

such number or numbers, the payee, on its invoice or Claim for

Payment, must give the reason or reasons why the payee does

not have such number or numbers.

(b) Privacy Notification. (1) The authority to request the above

personal information from a seller of goods or services or a

lessor of real or personal property, and the authority to maintain

such information, is found in Section 5 of the State Tax Law.

Disclosure of this information by the seller or lessor to the State

is mandatory. The principal purpose for which the information

is collected is to enable the State to identify individuals,

businesses and others who have been delinquent in filing tax

returns or may have understated their tax liabilities and to

generally identify persons affected by the taxes administered by

the Commissioner of Taxation and Finance. The information

will be used for tax administration purposes and for any other

purpose authorized by law. (2) The personal information is

requested by the purchasing unit of the agency contracting to

purchase the goods or services or lease the real or personal

property covered by this contract or lease. The information is

maintained in the Statewide Financial System by the Vendor

Management Unit within the Bureau of State Expenditures,

Office of the State Comptroller, 110 State Street, Albany, New

York 12236.

12. EQUAL EMPLOYMENT OPPORTUNITIES FOR

MINORITIES AND WOMEN. In accordance with Section

312 of the Executive Law and 5 NYCRR 143, if this contract

is: (i) a written agreement or purchase order instrument,

providing for a total expenditure in excess of $25,000.00,

whereby a contracting agency is committed to expend or does

expend funds in return for labor, services, supplies, equipment,

materials or any combination of the foregoing, to be performed

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STANDARD CLAUSES FOR NYS CONTRACTS APPENDIX A

Page 5 January 2014

for, or rendered or furnished to the contracting agency; or (ii) a

written agreement in excess of $100,000.00 whereby a

contracting agency is committed to expend or does expend

funds for the acquisition, construction, demolition,

replacement, major repair or renovation of real property and

improvements thereon; or (iii) a written agreement in excess of

$100,000.00 whereby the owner of a State assisted housing

project is committed to expend or does expend funds for the

acquisition, construction, demolition, replacement, major repair

or renovation of real property and improvements thereon for

such project, then the following shall apply and by signing this

agreement the Contractor certifies and affirms that it is

Contractor’s equal employment opportunity policy that:

(a) The Contractor will not discriminate against employees or

applicants for employment because of race, creed, color,

national origin, sex, age, disability or marital status, shall make

and document its conscientious and active efforts to employ and

utilize minority group members and women in its work force

on State contracts and will undertake or continue existing

programs of affirmative action to ensure that minority group

members and women are afforded equal employment

opportunities without discrimination. Affirmative action shall

mean recruitment, employment, job assignment, promotion,

upgradings, demotion, transfer, layoff, or termination and rates

of pay or other forms of compensation;

(b) at the request of the contracting agency, the Contractor shall

request each employment agency, labor union, or authorized

representative of workers with which it has a collective

bargaining or other agreement or understanding, to furnish a

written statement that such employment agency, labor union or

representative will not discriminate on the basis of race, creed,

color, national origin, sex, age, disability or marital status and

that such union or representative will affirmatively cooperate in

the implementation of the Contractor's obligations herein; and

(c) the Contractor shall state, in all solicitations or

advertisements for employees, that, in the performance of the

State contract, all qualified applicants will be afforded equal

employment opportunities without discrimination because of

race, creed, color, national origin, sex, age, disability or marital

status.

Contractor will include the provisions of "a", "b", and "c"

above, in every subcontract over $25,000.00 for the

construction, demolition, replacement, major repair,

renovation, planning or design of real property and

improvements thereon (the "Work") except where the Work is

for the beneficial use of the Contractor. Section 312 does not

apply to: (i) work, goods or services unrelated to this contract;

or (ii) employment outside New York State. The State shall

consider compliance by a contractor or subcontractor with the

requirements of any federal law concerning equal employment

opportunity which effectuates the purpose of this section. The

contracting agency shall determine whether the imposition of

the requirements of the provisions hereof duplicate or conflict

with any such federal law and if such duplication or conflict

exists, the contracting agency shall waive the applicability of

Section 312 to the extent of such duplication or conflict.

Contractor will comply with all duly promulgated and lawful

rules and regulations of the Department of Economic

Development’s Division of Minority and Women's Business

Development pertaining hereto.

13. CONFLICTING TERMS. In the event of a conflict

between the terms of the contract (including any and all

attachments thereto and amendments thereof) and the terms of

this Appendix A, the terms of this Appendix A shall control.

14. GOVERNING LAW. This contract shall be governed by

the laws of the State of New York except where the Federal

supremacy clause requires otherwise.

15. LATE PAYMENT. Timeliness of payment and any

interest to be paid to Contractor for late payment shall be

governed by Article 11-A of the State Finance Law to the extent

required by law.

16. NO ARBITRATION. Disputes involving this contract,

including the breach or alleged breach thereof, may not be

submitted to binding arbitration (except where statutorily

authorized), but must, instead, be heard in a court of competent

jurisdiction of the State of New York.

17. SERVICE OF PROCESS. In addition to the methods of

service allowed by the State Civil Practice Law & Rules

("CPLR"), Contractor hereby consents to service of process

upon it by registered or certified mail, return receipt requested.

Service hereunder shall be complete upon Contractor's actual

receipt of process or upon the State's receipt of the return

thereof by the United States Postal Service as refused or

undeliverable. Contractor must promptly notify the State, in

writing, of each and every change of address to which service

of process can be made. Service by the State to the last known

address shall be sufficient. Contractor will have thirty (30)

calendar days after service hereunder is complete in which to

respond.

18. PROHIBITION ON PURCHASE OF TROPICAL

HARDWOODS. The Contractor certifies and warrants that all

wood products to be used under this contract award will be in

accordance with, but not limited to, the specifications and

provisions of Section 165 of the State Finance Law, (Use of

Tropical Hardwoods) which prohibits purchase and use of

tropical hardwoods, unless specifically exempted, by the State

or any governmental agency or political subdivision or public

benefit corporation. Qualification for an exemption under this

law will be the responsibility of the contractor to establish to

meet with the approval of the State.

In addition, when any portion of this contract involving the use

of woods, whether supply or installation, is to be performed by

any subcontractor, the prime Contractor will indicate and

certify in the submitted bid proposal that the subcontractor has

been informed and is in compliance with specifications and

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STANDARD CLAUSES FOR NYS CONTRACTS APPENDIX A

Page 6 January 2014

provisions regarding use of tropical hardwoods as detailed in

§165 State Finance Law. Any such use must meet with the

approval of the State; otherwise, the bid may not be considered

responsive. Under bidder certifications, proof of qualification

for exemption will be the responsibility of the Contractor to

meet with the approval of the State.

19. MACBRIDE FAIR EMPLOYMENT PRINCIPLES. In

accordance with the MacBride Fair Employment Principles

(Chapter 807 of the Laws of 1992), the Contractor hereby

stipulates that the Contractor either (a) has no business

operations in Northern Ireland, or (b) shall take lawful steps in

good faith to conduct any business operations in Northern

Ireland in accordance with the MacBride Fair Employment

Principles (as described in Section 165 of the New York State

Finance Law), and shall permit independent monitoring of

compliance with such principles.

20. OMNIBUS PROCUREMENT ACT OF 1992. It is the

policy of New York State to maximize opportunities for the

participation of New York State business enterprises, including

minority and women-owned business enterprises as bidders,

subcontractors and suppliers on its procurement contracts.

Information on the availability of New York State

subcontractors and suppliers is available from:

NYS Department of Economic Development

Division for Small Business

Albany, New York 12245

Telephone: 518-292-5100

Fax: 518-292-5884

email: [email protected]

A directory of certified minority and women-owned business

enterprises is available from:

NYS Department of Economic Development

Division of Minority and Women's Business Development

633 Third Avenue

New York, NY 10017

212-803-2414

email: [email protected]

https://ny.newnycontracts.com/FrontEnd/VendorSearchPu

blic.asp

The Omnibus Procurement Act of 1992 requires that by signing

this bid proposal or contract, as applicable, Contractors certify

that whenever the total bid amount is greater than $1 million:

(a) The Contractor has made reasonable efforts to encourage

the participation of New York State Business Enterprises as

suppliers and subcontractors, including certified minority and

women-owned business enterprises, on this project, and has

retained the documentation of these efforts to be provided upon

request to the State;

(b) The Contractor has complied with the Federal Equal

Opportunity Act of 1972 (P.L. 92-261), as amended;

(c) The Contractor agrees to make reasonable efforts to provide

notification to New York State residents of employment

opportunities on this project through listing any such positions

with the Job Service Division of the New York State

Department of Labor, or providing such notification in such

manner as is consistent with existing collective bargaining

contracts or agreements. The Contractor agrees to document

these efforts and to provide said documentation to the State

upon request; and

(d) The Contractor acknowledges notice that the State may seek

to obtain offset credits from foreign countries as a result of this

contract and agrees to cooperate with the State in these efforts.

21. RECIPROCITY AND SANCTIONS PROVISIONS.

Bidders are hereby notified that if their principal place of

business is located in a country, nation, province, state or

political subdivision that penalizes New York State vendors,

and if the goods or services they offer will be substantially

produced or performed outside New York State, the Omnibus

Procurement Act 1994 and 2000 amendments (Chapter 684 and

Chapter 383, respectively) require that they be denied contracts

which they would otherwise obtain. NOTE: As of May 15,

2002, the list of discriminatory jurisdictions subject to this

provision includes the states of South Carolina, Alaska, West

Virginia, Wyoming, Louisiana and Hawaii. Contact NYS

Department of Economic Development for a current list of

jurisdictions subject to this provision.

22. COMPLIANCE WITH NEW YORK STATE

INFORMATION SECURITY BREACH AND

NOTIFICATION ACT. Contractor shall comply with the

provisions of the New York State Information Security Breach

and Notification Act (General Business Law Section 899-aa;

State Technology Law Section 208).

23. COMPLIANCE WITH CONSULTANT

DISCLOSURE LAW. If this is a contract for consulting

services, defined for purposes of this requirement to include

analysis, evaluation, research, training, data processing,

computer programming, engineering, environmental, health,

and mental health services, accounting, auditing, paralegal,

legal or similar services, then, in accordance with Section 163

(4-g) of the State Finance Law (as amended by Chapter 10 of

the Laws of 2006), the Contractor shall timely, accurately and

properly comply with the requirement to submit an annual

employment report for the contract to the agency that awarded

the contract, the Department of Civil Service and the State

Comptroller.

24. PROCUREMENT LOBBYING. To the extent this

agreement is a "procurement contract" as defined by

State Finance Law Sections 139-j and 139-k, by signing this

agreement the contractor certifies and affirms that all

disclosures made in accordance with State Finance Law

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STANDARD CLAUSES FOR NYS CONTRACTS APPENDIX A

Page 7 January 2014

Sections 139-j and 139-k are complete, true and accurate. In

the event such certification is found to be intentionally false or

intentionally incomplete, the State may terminate the agreement

by providing written notification to the Contractor in

accordance with the terms of the agreement.

25. CERTIFICATION OF REGISTRATION TO

COLLECT SALES AND COMPENSATING USE TAX BY

CERTAIN STATE CONTRACTORS, AFFILIATES AND

SUBCONTRACTORS.

To the extent this agreement is a contract as defined by Tax Law

Section 5-a, if the contractor fails to make the certification

required by Tax Law Section 5-a or if during the term of the

contract, the Department of Taxation and Finance or the

covered agency, as defined by Tax Law 5-a, discovers that the

certification, made under penalty of perjury, is false, then such

failure to file or false certification shall be a material breach of

this contract and this contract may be terminated, by providing

written notification to the Contractor in accordance with the

terms of the agreement, if the covered agency determines that

such action is in the best interest of the State.

26. IRAN DIVESTMENT ACT. By entering into this

Agreement, Contractor certifies in accordance with State

Finance Law §165-a that it is not on the “Entities Determined

to be Non-Responsive Bidders/Offerers pursuant to the New

York State Iran Divestment Act of 2012” (“Prohibited Entities

List”) posted at:

http://www.ogs.ny.gov/about/regs/docs/ListofEntities.pdf

Contractor further certifies that it will not utilize on this

Contract any subcontractor that is identified on the Prohibited

Entities List. Contractor agrees that should it seek to renew or

extend this Contract, it must provide the same certification at

the time the Contract is renewed or extended. Contractor also

agrees that any proposed Assignee of this Contract will be

required to certify that it is not on the Prohibited Entities List

before the contract assignment will be approved by the State.

During the term of the Contract, should the state agency receive

information that a person (as defined in State Finance Law

§165-a) is in violation of the above-referenced certifications,

the state agency will review such information and offer the

person an opportunity to respond. If the person fails to

demonstrate that it has ceased its engagement in the investment

activity which is in violation of the Act within 90 days after the

determination of such violation, then the state agency shall take

such action as may be appropriate and provided for by law, rule,

or contract, including, but not limited to, imposing sanctions,

seeking compliance, recovering damages, or declaring the

Contractor in default.

The state agency reserves the right to reject any bid, request for

assignment, renewal or extension for an entity that appears on

the Prohibited Entities List prior to the award, assignment,

renewal or extension of a contract, and to pursue a

responsibility review with respect to any entity that is awarded

a contract and appears on the Prohibited Entities list after

contract award.

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NEW YORK STATE OFFICE OF GENERAL SERVICES

PROCUREMENT SERVICES GROUP

July 2006

APPENDIX B

GENERAL SPECIFICATIONS

PLEASE RETAIN THIS DOCUMENT FOR FUTURE REFERENCE

Page 48: Executed Contract

GENERAL SPECIFICATIONS APPENDIX B

July 2006

TABLE OF CONTENTS

GENERAL PAGE

1. Applicability 1

2. Governing Law 1

3. Ethics Compliance 1

4. Conflict of Terms 1

5. Definitions 1-3

BID SUBMISSION

6. International Bidding 3

7. Bid Opening 3

8. Bid Submission 3

9. Facsimile Submissions 3

10. Authentication of Facsimile Bids 4

11. Late Bids 4

12. Bid Contents 4

13. Extraneous Terms 4

14. Confidential/Trade Secret Materials 4

15. Release of Bid Evaluation Materials 4

16. Freedom of Information Law 5

17. Prevailing Wage Rates - Public Works

and Building Services Contracts 5

18. Taxes 6

19. Expenses Prior to Contract Execution 6

20. Advertising Results 6

21. Product References 6

22. Remanufactured, Recycled, Recyclable

Or Recovered Materials 6

23. Products Manufactured in Public

Institutions 6

24. Pricing 6

25. Drawings 7

26. Site Inspection 7

27. Procurement Card 7

28. Samples 7

BID EVALUATION

29. Bid Evaluation 8

30. Conditional Bid 8

31. Clarification/Revisions 8

32. Prompt Payment Discounts 8

33. Equivalent or Identical Bids 8

34. Performance and Responsibility

Qualifications 8

35. Disqualification for Past Performance 8

36. Quantity Changes Prior To Award 8

37. Timeframe for Offers 8

TERMS & CONDITIONS

38. Contract Creation/Execution 8

39. Participation in Centralized Contracts 8

40. Modification of Contract Terms 9

41. Scope Changes 9

42. Estimated/Specific Quantity Contracts 9

TERMS & CONDITIONS PAGE

43. Emergency Contracts 9

44. Purchase Orders 9

45. Product Delivery 10

46. Weekend and Holiday Deliveries 10

47. Shipping/Receipt of Product 10

48. Title and Risk of Loss 10

49. Re-Weighing Product 10

50. Product Substitution 10

51. Rejected Product 10

52. Installation 10

53. Repaired or Replaced Product/

Components 11

54. On-Site Storage 11

55. Employees/Subcontractors/Agents 11

56. Assignment 11

57. Subcontractors and Suppliers 11

58. Performance/Bid Bond 11

59. Suspension of Work 11

60. Termination 11

61. Savings/Force Majeure 12

62. Contract Billings 12

63. Default - Authorized User 12

64. Interest on Late Payments 12

65. Remedies for Breach 13

66. Assignment of Claim 13

67. Toxic Substances 13

68. Independent Contractor 13

69. Security 13

70. Cooperation with Third Parties 13

71. Contract Term - Renewal 13

72. Additional Warranties 13

73. Legal Compliance 15

74. Indemnification 15

75. Indemnification Relating to Third

Party Rights 15

76. Limitation of Liability 15

77. Insurance 15

THE FOLLOWING CLAUSES PERTAIN TO

TECHNOLOGY & NEGOTIATED CONTRACTS

78. Software License Grant 15

79. Product Acceptance 17

80. Audit of Licensed Product Usage 17

81. Ownership/Title to Project

Deliverables 17

82. Proof of License 18

83. Product Version 18

84. Changes to Product or

Service Offerings 18

85. No Hardstop/Passive

License Monitoring 19

86. Source Code Escrow for

Licensed Product 19

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GENERAL SPECIFICATIONS APPENDIX B

July 2006 1

GENERAL

1. APPLICABILITY The terms and conditions set forth in this

Appendix B are expressly incorporated in and applicable to the

resulting procurement contracts let by the Office of General Services

Procurement Services Group, or let by any other Authorized User

where incorporated by reference in its Bid Documents. Captions are

intended as descriptive and are not intended to limit or otherwise

restrict the terms and conditions set forth herein.

2. GOVERNING LAW This procurement, the resulting contract

and any purchase orders issued hereunder shall be governed by the

laws of the State of New York except where the Federal supremacy

clause requires otherwise, and actions or proceedings arising from the

contract shall be heard in a court of competent jurisdiction in the State

of New York.

3. ETHICS COMPLIANCE All Bidders/Contractors and their

employees must comply with the requirements of Sections 73 and 74

of the Public Officers Law, other State codes, rules, regulations and

executive orders establishing ethical standards for the conduct of

business with New York State. In signing the Bid, Bidder certifies full

compliance with those provisions for any present or future dealings,

transactions, sales, contracts, services, offers, relationships, etc.,

involving New York State and/or its employees. Failure to comply

with those provisions may result in disqualification from the Bidding

process, termination of contract, and/or other civil or criminal

proceedings as required by law.

4. CONFLICT OF TERMS Unless otherwise set forth in the

procurement or contract documents, conflicts among documents shall

be resolved in the following order of precedence:

a. Appendix A (Standard Clauses for NYS Contracts)

b. Mini-Bid Project Definition if applicable and in accordance

with the terms and conditions of the Back-Drop Contract.

c. Contract and other writing(s) setting forth the final

agreements, clarifications and terms between the Bid Documents and

Contractor’s Bid. In the latter circumstance, clarifications must

specifically note in writing what was offered by the Contractor and

what was accepted by the State. If not, such clarifications shall be

considered last in the order of precedence under this paragraph.

d. Bid Documents (Other than Appendix A).

i. Bid Specifications prepared by the Authorized User.

ii. Appendix B (General Specifications).

iii. Incorporated Contract Appendices, if any, following the

order of precedence as stated for Contract above.

e. Contractor’s Bid or Mini-Bid Proposal.

f. Unincorporated Appendices (if any).

5. DEFINITIONS Terms used in this Appendix B shall have the

following meanings:

AFFILIATE Any individual or other legal entity, (including but not

limited to sole proprietor, partnership, limited liability company, firm

or corporation) that effectively controls another company in which (a)

the Bidder owns more than 50% of the ownership; or (b) any

individual or other legal entity which owns more than 50% of the

ownership of the Bidder. In addition, if a Bidder owns less than 50%

of the ownership of another legal entity, but directs or has the right to

direct such entity’s daily operations, that entity will be an Affiliate.

AGENCY OR AGENCIES The State of New York, acting by

or through one or more departments, boards, commissions,

offices or institutions of the State of New York.

ATTORNEY GENERAL Attorney General of the State of New

York.

AUTHORIZED USER(S) Agencies, or any other entity authorized

by the laws of the State of New York to participate in NYS centralized

contracts (including but not limited to political subdivisions, public

authorities, public benefit corporations and certain other entities set

forth in law), or the State of New York acting on behalf of one or more

such Agencies or other entities, provided that each such Agency or

other entity shall be held solely responsible for liabilities or payments

due as a result of its participation.

BID OR BID PROPOSAL An offer or proposal submitted by a

Bidder to furnish a described product or a solution, perform services or

means of achieving a practical end, at a stated price for the stated

Contract term. As required by the Bid Documents, the Bid or proposal

may be subject to modification through the solicitation by the Agency

of best and final offers during the evaluation process prior to

recommendation for award of the Contract.

BIDDER/OFFERER Any individual or other legal entity (including

but not limited to sole proprietor, partnership, limited liability

company, firm or corporation) which submits a Bid in response to a

Bid Solicitation. The term Bidder shall also include the term

“offeror.” In the case of negotiated Contracts, “Bidder” shall refer to

the “Contractor.”

BID DOCUMENTS Writings by the State setting forth the scope,

terms, conditions and technical specifications for a procurement of

Product. Such writings typically include, but are not limited to:

Invitation for Bids (IFB), Request for Quotation (RFQ), Request for

Proposals (RFP), addenda or amendments thereto, and terms and

conditions which are incorporated by reference, including but not

limited to, Appendix A (Standard Clauses for NYS Contracts),

Appendix B, (General Specifications). Where these General

Specifications are incorporated in negotiated Contracts that have not

been competitively Bid, the term “Bid Documents” shall be deemed to

refer to the terms and conditions set forth in the negotiated Contract

and associated documentation.

BID SPECIFICATION A written description drafted by the

Authorized User setting forth the specific terms of the intended

procurement, which may include: physical or functional

characteristics, the nature of a commodity or construction item, any

description of the work to be performed, Products to be provided, the

necessary qualifications of the Bidder, the capacity and capability of

the Bidder to successfully carry out the proposed Contract, or the

process for achieving specific results and/or anticipated outcomes or

any other requirement necessary to perform work. Where these

General Specifications are incorporated in negotiated Contracts that

have not been competitively Bid, the term “Bid Specifications” shall

be deemed to refer to the terms and conditions set forth in the

negotiated Contract and associated documentation.

COMMISSIONER Commissioner of OGS, or in the case of Bid

Specifications issued by an Authorized User, the head of such

Authorized User or their authorized representative.

COMPTROLLER Comptroller of the State of New York.

CONTRACT The writing(s) which contain the agreement of the

Commissioner and the Bidder/Contractor setting forth the total legal

obligation between the parties as determined by applicable rules of

law, and which most typically include the following classifications of

public procurements:

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GENERAL SPECIFICATIONS APPENDIX B

July 2006 2

a. Agency Specific Contracts Contracts where the specifications

for a Product or a particular scope of work are described and defined to

meet the needs of one or more Authorized User(s).

b. Centralized Contracts Single or multiple award Contracts

where the specifications for a Product or general scope of work are

described and defined by the Office of General Services to meet the

needs of Authorized Users. Centralized Contracts may be awarded

through multiple awards or through adoption of another jurisdiction’s

contract or on a sole source, single source, emergency or competitive

basis. Once established, procurements may be made from the selected

Contractor(s) without further competition or Mini-Bid unless

otherwise required by the Bid Specifications or Contract Award

Notification.

c. Back-Drop Contracts Multiple award Centralized Contracts

where the Office of General Services defines the specifications for a

Product or general scope of work to meet the needs of Authorized

Users. Bids may be submitted either at a date and time certain or may

be accepted on a continuous or periodic recruitment basis, as set forth

in the Bid Specifications. Selection of a Contractor(s) from among

Back-Drop contract holders for an actual Product, project or particular

scope of work may subsequently be made on a single or sole source

basis, or on the basis of a Mini-Bid among qualified Back-Drop

contract holders, or such other method as set forth in the Bid

Document.

d. Piggyback Contract A Contract let by any department, agency

or instrumentality of the United States government, or any department,

agency, office, political subdivision or instrumentality of any state or

state(s) which is adopted and extended for use by the OGS

Commissioner in accordance with the requirements of the State

Finance Law.

e. Contract Letter A letter to the successful Bidder(s) indicating

acceptance of its Bid in response to a solicitation. Unless otherwise

specified, the issuance of a Letter of Acceptance forms a Contract but

is not an order for Product, and Contractor should not take any action

with respect to actual Contract deliveries except on the basis of

Purchase Orders sent from Authorized User(s).

CONTRACT AWARD NOTIFICATION An announcement to

Authorized Users that a Contract has been established.

CONTRACTOR Any successful Bidder(s) to whom a Contract has

been awarded by the Commissioner.

DOCUMENTATION The complete set of manuals (e.g., user,

installation, instruction or diagnostic manuals) in either hard or

electronic copy, which are necessary to enable an Authorized User to

properly test, install, operate and enjoy full use of the Product.

EMERGENCY An urgent and unexpected requirement where health

and public safety or the conservation of public resources is at risk.

ENTERPRISE The total business operations in the United States of

Authorized User (s) without regard to geographic location where such

operations are performed or the entity actually performing such

operations on behalf of Authorized User.

ENTERPRISE LICENSE A license grant of unlimited rights to

deploy, access, use and execute Product anywhere within the

Enterprise up to the maximum capacity stated on the Purchase Order

or in the Contract.

ERROR CORRECTIONS Machine executable software code

furnished by Contractor which corrects the Product so as to conform to

the applicable warranties, performance standards and/or obligations of

the Contractor.

GROUP A classification of Product, services or technology which is

designated by OGS.

INVITATION FOR BIDS (IFB) A type of Bid Document which is

most typically used where requirements can be stated and award will

be made based on lowest price to the responsive and responsible

Bidder(s).

LICENSED SOFTWARE Software transferred upon the terms and

conditions set forth in the Contract. “Licensed Software” includes

error corrections, upgrades, enhancements or new releases, and any

deliverables due under a maintenance or service contract (e.g., patches,

fixes, PTFs, programs, code or data conversion, or custom

programming).

LICENSEE One or more Authorized Users who acquire Product

from Contractor by issuing a Purchase Order in accordance with the

terms and conditions of the Contract; provided that, for purposes of

compliance with an individual license, the term “Licensee” shall be

deemed to refer separately to the individual Authorized User(s) who

took receipt of and who is executing the Product, and who shall be

solely responsible for performance and liabilities incurred. In the case

of acquisitions by State Agencies, the Licensee shall be the State of

New York.

LICENSE EFFECTIVE DATE The date Product is delivered to an

Authorized User. Where a License involves Licensee’s right to copy a

previously licensed and delivered Master Copy of a Program, the

license effective date for additional copies shall be deemed to be the

date on which the Purchase Order is executed.

LICENSOR A Contractor who transfers rights in proprietary Product

to Authorized Users in accordance with the rights and obligations

specified in the Contract.

MINI-BID PROJECT DEFINITION A Bid Document containing

project specific Bid Specifications developed by or for an Authorized

User which solicits Bids from Contractors previously qualified under a

Back-Drop Contract.

MULTIPLE AWARD A determination and award of a Contract in

the discretion of the Commissioner to more than one responsive and

responsible Bidder who meets the requirements of a specification,

where the multiple award is made on the grounds set forth in the Bid

Document in order to satisfy multiple factors and needs of Authorized

Users (e.g., complexity of items, various manufacturers, differences in

performance required to accomplish or produce required end results,

production and distribution facilities, price, compliance with delivery

requirements, geographic location or other pertinent factors).

NEW PRODUCT RELEASES (Product Revisions) Any

commercially released revisions to the licensed version of a Product as

may be generally offered and available to Authorized Users. New

releases involve a substantial revision of functionality from a

previously released version of the Product.

OGS The New York State Office of General Services.

PROCUREMENT RECORD Documentation by the Authorized

User of the decisions made and approach taken during the procurement

process and during the contract term.

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GENERAL SPECIFICATIONS APPENDIX B

July 2006 3

PRODUCT A deliverable under any Bid or Contract which may

include commodities, services and/or technology. The term “Product”

includes Licensed Software.

PROPRIETARY Protected by secrecy, patent, copyright or

trademark against commercial competition.

PURCHASE ORDER The Authorized User’s fiscal form or format

that is used when making a purchase (e.g., formal written Purchase

Order, Procurement Card, electronic Purchase Order, or other

authorized instrument).

REQUEST FOR PROPOSALS (RFP) A type of Bid Document that

is used for procurements where factors in addition to cost are

considered and weighted in awarding the contract and where the

method of award is “best value,” as defined by the State Finance Law.

REQUEST FOR QUOTATION (RFQ) A type of Bid Document

that can be used when a formal Bid opening is not required (e.g.,

discretionary, sole source, single source or emergency purchases).

RESPONSIBLE BIDDER A Bidder that is determined to have

financial and organizational capacity, legal authority, satisfactory

previous performance, skill, judgment and integrity, and that is found

to be competent, reliable and experienced, as determined by the

Commissioner. For purposes of being deemed responsible, a Bidder

must also be determined to be in compliance with Sections 139-j and

139-k of the State Finance Law relative to restrictions on contacts

during the procurement process and disclosure of contacts and prior

findings of non-responsibility under these statutes.

RESPONSIVE BIDDER A Bidder meeting the specifications or

requirements prescribed in the Bid Document or solicitation, as

determined by the OGS Commissioner.

SINGLE SOURCE A procurement where two or more Bidders can

supply the required Product, and the Commissioner may award the

contract to one Bidder over the other.

SITE The location (street address) where Product will be executed or

services delivered.

SOLE SOURCE A procurement where only one Bidder is capable of

supplying the required Product.

SOURCE CODE The programming statements or instructions

written and expressed in any language understandable by a human

being skilled in the art which are translated by a language compiler to

produce executable machine Object Code.

STATE State of New York.

SUBCONTRACTOR Any individual or other legal entity, (including

but not limited to sole proprietor, partnership, limited liability

company, firm or corporation) who has entered into a contract, express

or implied, for the performance of a portion of a Contract with a

Contractor.

TERMS OF LICENSE The terms and conditions set forth in the

Contract that are in effect and applicable to a Purchase Order at the

time of order placement.

VIRUS Any computer code, whether or not written or conceived by

Contractor, that disrupts, disables, harms, or otherwise impedes in any

manner the operation of the Product, or any other associated software,

firmware, hardware, or computer system (such as local area or wide-

area networks), including aesthetic disruptions or distortions, but does

not include security keys or other such devices installed by Product

manufacturer.

BID SUBMISSION

6. INTERNATIONAL BIDDING All offers (tenders), and all

information and Product required by the solicitation or provided as

explanation thereof, shall be submitted in English. All prices shall be

expressed, and all payments shall be made, in United States Dollars

($US). Any offers (tenders) submitted which do not meet the above

criteria will be rejected.

7. BID OPENING Bids may, as applicable, be opened publicly.

The Commissioner reserves the right at any time to postpone or cancel

a scheduled Bid opening.

8. BID SUBMISSION All Bids are to be packaged, sealed and

submitted to the location stated in the Bid Specifications. Bidders are

solely responsible for timely delivery of their Bids to the location set

forth in the Bid Specifications prior to the stated Bid opening

date/time.

A Bid return envelope, if provided with the Bid Specifications, should

be used with the Bid sealed inside. If the Bid response does not fit into

the envelope, the Bid envelope should be attached to the outside of the

sealed box or package with the Bid inside. If using a commercial

delivery company that requires use of their shipping package or

envelope, Bidder’s sealed Bid, labeled as detailed below, should be

placed within the shipper’s sealed envelope to ensure that the Bid is

not prematurely opened.

All Bids must have a label on the outside of the package or shipping

container outlining the following information:

“BID ENCLOSED (bold print, all capitals)

• Group Number

• IFB or RFP Number

• Bid Submission date and time”

In the event that a Bidder fails to provide such information on the

return Bid envelope or shipping material, the receiving entity reserves

the right to open the shipping package or envelope to determine the

proper Bid number or Product group, and the date and time of Bid

opening. Bidder shall have no claim against the receiving entity

arising from such opening and such opening shall not affect the

validity of the Bid or the procurement.

Notwithstanding the receiving agency’s right to open a Bid to ascertain

the foregoing information, Bidder assumes all risk of late delivery

associated with the Bid not being identified, packaged or labeled in

accordance with the foregoing requirements.

All Bids must be signed by a person authorized to commit the Bidder

to the terms of the Bid Documents and the content of the Bid (offer).

9. FACSIMILE SUBMISSIONS Unless specifically prohibited by

the terms of the Bid Specifications, facsimile Bids may be

SUBMITTED AT THE SOLE OPTION AND RISK OF THE

BIDDER. Only the FAX number(s) indicated in the Bid

Specifications may be used. Access to the facsimile machine(s) is on a

“first come, first serve” basis, and the Commissioner bears no liability

or responsibility and makes no guarantee whatsoever with respect to

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GENERAL SPECIFICATIONS APPENDIX B

July 2006 4

the Bidder’s access to such equipment at any specific time. Bidders

are solely responsible for submission and receipt of the entire facsimile

Bid by the Authorized User prior to Bid opening and must include on

the first page of the transmission the total number of pages transmitted

in the facsimile, including the cover page. Incomplete, ambiguous or

unreadable transmissions in whole or in part may be rejected at the

sole discretion of the Commissioner. Facsimile Bids are fully

governed by all conditions outlined in the Bid Documents and must be

submitted on forms or in the format required in the Bid Specifications,

including the executed signature page and acknowledgment.

10. AUTHENTICATION OF FACSIMILE BIDS The act of

submitting a Bid by facsimile transmission, including an executed

signature page or as otherwise specified in the Bid Documents, shall

be deemed a confirming act by Bidder which authenticates the signing

of the Bid.

11. LATE BIDS For purposes of Bid openings held and conducted

by OGS, a Bid must be received in such place as may be designated in

the Bid Documents or if no place is specified in the OGS Mailroom

located in the Empire State Plaza, Albany, New York 12242, at or

before the date and time established in the Bid Specifications for the

Bid opening. For purposes of Bid openings held and conducted by

Authorized Users other than OGS, the term late Bid is defined as a Bid

not received in the location established in the Bid Specifications at or

before the date and time specified for the Bid opening.

Any Bid received at the specified location after the time specified will

be considered a late Bid. A late Bid shall not be considered for award

unless: (i) no timely Bids meeting the requirements of the Bid

Documents are received or, (ii) in the case of a multiple award, an

insufficient number of timely Bids were received to satisfy the

multiple award; and acceptance of the late Bid is in the best interests

of the Authorized Users. Bids submitted for continuous or periodic

recruitment contract awards must meet the submission requirements

associated with their specifications. Delays in United States mail

deliveries or any other means of transmittal, including couriers or

agents of the Authorized User shall not excuse late Bid submissions.

Similar types of delays, including but not limited to, bad weather, or

security procedures for parking and building admittance shall not

excuse late Bid submissions. Determinations relative to Bid timeliness

shall be at the sole discretion of the Commissioner.

12. BID CONTENTS Bids must be complete and legible. All Bids

must be signed. All information required by the Bid Specifications

must be supplied by the Bidder on the forms or in the format specified.

No alteration, erasure or addition is to be made to the Bid Documents.

Changes may be ignored by the Commissioner or may be grounds for

rejection of the Bid. Changes, corrections and/or use of white-out in

the Bid or Bidder’s response portion of the Bid Document must be

initialed by an authorized representative of the Bidder. Bidders are

cautioned to verify their Bids before submission, as amendments to

Bids or requests for withdrawal of Bids received by the Commissioner

after the time specified for the Bid opening, may not be considered.

13. EXTRANEOUS TERMS Bids must conform to the terms set

forth in the Bid Documents, as extraneous terms or material deviations

(including additional, inconsistent, conflicting or alternative terms)

may render the Bid non-responsive and may result in rejection of the

Bid.

Extraneous term(s) submitted on standard, pre-printed forms

(including but not limited to: product literature, order forms, license

agreements, contracts or other documents) that are attached or

referenced with submissions shall not be considered part of the Bid or

resulting Contract, but shall be deemed included for informational or

promotional purposes only.

Only those extraneous terms that meet all the following requirements

may be considered as having been submitted as part of the Bid:

a. Each proposed extraneous term (addition, deletion, counter-offer,

deviation, or modification) must be specifically enumerated in a

writing which is not part of a pre-printed form; and

b. The writing must identify the particular specification requirement

(if any) that Bidder rejects or proposes to modify by inclusion of the

extraneous term; and

c. The Bidder shall enumerate the proposed addition, counter offer,

modification or deviation from the Bid Document, and the reasons

therefore.

No extraneous term(s), whether or not deemed “material,” shall be

incorporated into a Contract or Purchase Order unless submitted in

accordance with the above and the Commissioner or Authorized User

expressly accepts each such term(s) in writing. Acceptance and/or

processing of the Bid shall not constitute such written acceptance of

Extraneous Term(s).

14. CONFIDENTIAL/TRADE SECRET MATERIALS

a. Contractor Confidential, trade secret or proprietary materials as

defined by the laws of the State of New York must be clearly marked

and identified as such upon submission by the Bidder. Marking the

Bid as “confidential” or “proprietary” on its face or in the document

header or footer shall not be considered by the Commissioner or

Authorized User to be sufficient without specific justification as to

why disclosure of particular information in the Bid would cause

substantial injury to the competitive position of the Bidder.

Bidders/Contractors intending to seek an exemption from disclosure of

these materials under the Freedom of Information Law must request

the exemption in writing, setting forth the reasons for the claimed

exemption. Acceptance of the claimed materials does not constitute a

determination on the exemption request, which determination will be

made in accordance with statutory procedures. Properly identified

information that has been designated confidential, trade secret, or

proprietary by the Bidder will not be disclosed except as may be

required by the Freedom of Information Law or other applicable State

and federal laws.

b. Commissioner or Authorized User Contractor further warrants,

covenants and represents that any confidential information obtained by

Contractor, its agents, Subcontractors, officers, distributors, resellers

or employees in the course of performing its obligations, including

without limitation, security procedures, business operations

information, or commercial proprietary information in the possession

of the State or any Authorized User hereunder or received from

another third party, will not be divulged to any third parties.

Contractor shall not be required to keep confidential any such material

that is publicly available through no fault of Contractor, independently

developed by Contractor without reliance on confidential information

of the Authorized User, or otherwise obtained under the Freedom of

Information Act or other applicable New York State laws and

regulations. This warranty shall survive termination of this Contract.

Contractor further agrees to take appropriate steps as to its agents,

Subcontractors, officers, distributors, resellers or employees regarding

the obligations arising under this clause to insure such confidentiality.

15. RELEASE OF BID EVALUATION MATERIALS Requests

concerning the evaluation of Bids may be submitted under the

Freedom of Information Law. Information, other than statistical or

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GENERAL SPECIFICATIONS APPENDIX B

July 2006 5

factual tabulations or data such as the Bid Tabulation, shall only be

released as required by law after Contract award. Bid Tabulations are

not maintained for all procurements. Names of Bidders may be

disclosed after Bid opening upon request. Written requests should be

directed to the Commissioner.

16. FREEDOM OF INFORMATION LAW During the evaluation

process, the content of each Bid will be held in confidence and details

of any Bid will not be revealed (except as may be required under the

Freedom of Information Law or other State law). The Freedom of

Information Law provides for an exemption from disclosure for trade

secrets or information the disclosure of which would cause injury to

the competitive position of commercial enterprises. This exception

would be effective both during and after the evaluation process. If the

Bid contains any such trade secret or other confidential or proprietary

information, it must be accompanied in the Bid with a written request

to the Commissioner to not disclose such information. Such request

must state with particularity the reasons why the information should

not be available for disclosure and must be provided at the time of

submission of the Bid. Notations in the header, footer or watermark of

the Bid Document will not be considered sufficient to constitute a

request for non-disclosure of trade secret or other confidential or

proprietary information. Where a Freedom of Information request is

made for trademark or other confidential or proprietary information,

the Commissioner reserves the right to determine upon written notice

to the Bidder whether such information qualifies for the exemption for

disclosure under the law. Notwithstanding the above, where a Bid

tabulation is prepared and Bids publicly opened, such Bid tabulation

shall be available upon request.

17. PREVAILING WAGE RATES - PUBLIC WORKS AND

BUILDING SERVICES CONTRACTS If any portion of work

being Bid is subject to the prevailing wage rate provisions of the Labor

Law, the following shall apply:

a. “Public Works” and “Building Services” - Definitions i. Public Works Labor Law Article 8 applies to contracts for

public improvement in which laborers, workers or mechanics are

employed on a “public works” project (distinguished from public

“procurement” or “service” contracts). The State, a public benefit

corporation, a municipal corporation (including a school district), or a

commission appointed by law must be a party to the Contract. The

wage and hours provision applies to any work performed by

Contractor or Subcontractors.

ii. Building Services Labor Law Article 9 applies to Contracts

for building service work over $1,500 with a public agency, that: (i)

involve the care or maintenance of an existing building, or (ii) involve

the transportation of office furniture or equipment to or from such

building, or (iii) involve the transportation and delivery of fossil fuel to

such building, and (iv) the principal purpose of which is to furnish

services through use of building service employees.

b. Prevailing Wage Rate Applicable to Bid Submissions A copy

of the applicable prevailing wage rates to be paid or provided are

annexed to the Bid Documents. Bidders must submit Bids which are

based upon the prevailing hourly wages, and supplements in cash or

equivalent benefits (i.e., fringe benefits and any cash or non-cash

compensation which are not wages, as defined by law) that equal or

exceed the applicable prevailing wage rate(s) for the location where

the work is to be performed. Bidders may not submit Bids based upon

hourly wage rates and supplements below the applicable prevailing

wage rates as established by the New York State Department of Labor.

Bids that fail to comply with this requirement will be disqualified.

c. Wage Rate Payments / Changes During Contract Term The

wages to be paid under any resulting Contract shall not be less than the

prevailing rate of wages and supplements as set forth by law. It is

required that the Contractor keep informed of all changes in the

Prevailing Wage Rates during the Contract term that apply to the

classes of individuals supplied by the Contractor on any projects

resulting from this Contract, subject to the provisions of the Labor

Law. Contractor is solely liable for and must pay such required

prevailing wage adjustments during the Contract term as required by

law.

d. Public Posting & Certified Payroll Records In compliance

with Article 8, Section 220 of the New York State Labor Law:

i. Posting The Contractor must publicly post on the work site, in

a prominent and accessible place, a legible schedule of the prevailing

wage rates and supplements.

ii. Payroll Records Contractors and Subcontractors must keep

original payrolls or transcripts subscribed and affirmed as true under

the penalties of perjury as required by law. For public works contracts

over $25,000 where the Contractor maintains no regular place of

business in New York State, such records must be kept at the work

site. For building services contracts, such records must be kept at the

work site while work is being performed.

iii. Submission of Certified Payroll Transcripts for Public

Works Contracts Only Contractors and Subcontractors on public

works projects must submit monthly payroll transcripts to the

Authorized User that has prepared or directs the preparation of the

plans and specifications for a public works project, as set forth in the

Bid Specifications. For Mini-Bid solicitations, the payroll records

must be submitted to the entity preparing the agency Mini-Bid project

specification. For “agency specific” Bids, the payroll records should

be submitted to the entity issuing the purchase order. For all other

OGS Centralized Contracts, such records should be submitted to the

individual agency issuing the purchase order(s) for the work. Upon

mutual agreement of the Contractor and the Authorized User, the form

of submission may be submitted in a specified disk format acceptable

to the Department of Labor provided: 1) the Contractor/Subcontractor

retains the original records; and, (2) an original signed letter by a duly

authorized individual of the Contractor or Subcontractor attesting to

the truth and accuracy of the records accompanies the disk. This

provision does not apply to Article 9 of the Labor Law building

services contracts.

iv. Records Retention Contractors and Subcontractors must

preserve such certified transcripts for a period of three years from the

date of completion of work on the awarded contract.

Day’s Labor Eight hours shall constitute a legal day's work for all

classes of employees in this state except those engaged in farm and

domestic service unless otherwise provided by law.

No laborers, workmen or mechanics in the employ of the Contractor,

Subcontractor or other person doing or contracting to do all or part of

the work contemplated by the Contract shall be permitted or required

to work more than eight hours in any one calendar day or more than

five calendar days in any one week except in cases of extraordinary

emergency including fire, flood or danger to life or property.

“Extraordinary emergency” shall be deemed to include situations in

which sufficient laborers, workers and mechanics cannot be employed

to carry on public work expeditiously as a result of such restrictions

upon the number of hours and days of labor and the immediate

commencement or prosecution or completion without undue delay of

the public work is necessary in the judgment of the NYS

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July 2006 6

Commissioner of Labor for the preservation of the Contract site or for

the protection of the life and limb of the persons using the Contract

site.

18. TAXES a. Unless otherwise specified in the Bid Specifications or Contract,

the quoted Bid price includes all taxes applicable to the transaction.

b. Purchases made by the State of New York and certain non-State

Authorized Users are exempt from New York State and local sales

taxes and, with certain exceptions, federal excise taxes. To satisfy the

requirements of the New York State Sales tax exemption, either the

Purchase Order issued by a State Agency or the invoice forwarded to

authorize payment for such purchases will be sufficient evidence that

the sale by the Contractor was made to the State, an exempt

organization under Section 1116 (a) (1) of the Tax Law. Non-State

Authorized Users must offer their own proof of exemption upon

request. No person, firm or corporation is, however, exempt from

paying the State Truck Mileage and Unemployment Insurance or

Federal Social Security taxes, which remain the sole responsibility of

the Bidder/Contractor.

c. Pursuant to Revised Tax Law 5-a, Contractor will be required to

furnish sales tax certification on its behalf and for its affiliates, and

subcontractors for Contracts with a value greater than $100,000 in

accordance with provisions of the law.

d. Purchases by Authorized Users other than the State of New York

may be subject to certain taxes which were not included in the Bid

price, and in those instances the tax should be computed based on the

Contract price and added to the invoice submitted to such entity for

payment.

19. EXPENSES PRIOR TO CONTRACT EXECUTION The

Commissioner and any Authorized User(s) are not liable for any costs

incurred by a Vendor, Bidder or Contractor in the preparation and

production of a Bid, Mini-Bid or best and final offers or for any work

performed prior to Contract execution.

20. ADVERTISING RESULTS The prior written approval of the

Commissioner is required in order for results of the Bid to be used by

the Contractor as part of any commercial advertising. The Contractor

shall also obtain the prior written approval of the Commissioner

relative to the Bid or Contract for press or other media releases.

21. PRODUCT REFERENCES a. “Or Equal” In all Bid Specifications the words “or equal” are

understood to apply where a copyrighted, brand name, trade name,

catalog reference, or patented Product is referenced. References to

such specific Product are intended as descriptive, not restrictive,

unless otherwise stated. Comparable Product will be considered if

proof of compatibility is provided, including appropriate catalog

excerpts, descriptive literature, specifications and test data, etc. The

Commissioner’s decision as to acceptance of the Product as equal

shall be final.

b. Discrepancies in References In the event of a discrepancy

between the model number referenced in the Bid Specifications and

the written description of the Products which cannot be reconciled,

with respect to such discrepancy, then the written description shall

prevail.

22. REMANUFACTURED, RECYCLED, RECYCLABLE OR

RECOVERED MATERIALS Upon the conditions specified in the

Bid Specifications and in accordance with the laws of the State of New

York, Contractors are encouraged to use recycled, recyclable or

recovered materials in the manufacture of Products and packaging to

the maximum extent practicable without jeopardizing the performance

or intended end use of the Product or packaging unless such use is

precluded due to health, welfare, safety requirements or in the Bid

Specifications. Contractors are further encouraged to offer

remanufactured Products to the maximum extent practicable without

jeopardizing the performance or intended end use of the Product and

unless such use is precluded due to health, welfare, safety

requirements or by the Bid Specifications. Where such use is not

practical, suitable, or permitted by the Bid Specifications, Contractor

shall deliver new materials in accordance with the “Warranties" set

forth below.

Items with recycled, recyclable, recovered, refurbished or

remanufactured content must be identified in the Bid or Bidder will be

deemed to be offering new Product.

23. PRODUCTS MANUFACTURED IN PUBLIC

INSTITUTIONS Bids offering Products that are manufactured or

produced in public institutions will be rejected.

24. PRICING a. Unit Pricing If required by the Bid Specifications, the Bidder

should insert the price per unit specified and the price extensions in

decimals, not to exceed four places for each item unless otherwise

specified, in the Bid. In the event of a discrepancy between the unit

price and the extension, the unit price shall govern unless, in the sole

judgment of the Commissioner, such unit pricing is obviously

erroneous.

b. Net Pricing Unless otherwise required by the Bid Specifications,

prices shall be net, including transportation, customs, tariff, delivery

and other charges fully prepaid by the Contractor to the destination(s)

indicated in the Bid Specifications, subject to the cash discount.

c. “No Charge” Bid When Bids are requested on a number of

Products as a Group or Lot, a Bidder desiring to Bid “no charge” on a

Product in the Group or Lot must clearly indicate such. Otherwise,

such Bid may be considered incomplete and be rejected, in whole or in

part, at the discretion of the Commissioner.

d. Educational Pricing All Products to be supplied for educational

purposes that are subject to educational discounts shall be identified in

the Bid and such discounts shall be made available to qualifying

institutions.

e. Third Party Financing If Product acquisitions are financed

through any third party financing, Contractor may be required as a

condition of Contract Award to agree to the terms and conditions of a

“Consent & Acknowledgment Agreement” in a form acceptable to the

Commissioner.

f. Best Pricing Offer During the Contract term, if substantially the

same or a smaller quantity of a Product is sold by the Contractor

outside of this Contract upon the same or similar terms and conditions

as that of this Contract at a lower price to a federal, state or local

governmental entity, the price under this Contract, at the discretion of

the Commissioner, shall be immediately reduced to the lower price.

Price decreases shall take effect automatically during the Contract term

and apply to Purchase Orders submitted on or after:

(i) GSA Changes: Where NYS Net Prices are based on an approved

GSA Schedule, the date the approved GSA Schedule pricing decreases

during the Contract term; or

(ii) Commercial Price List Reductions: Where NYS Net Prices are

based on a discount from Contractor’s list prices, the date Contractor

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July 2006 7

lowers its pricing to its customers generally or to similarly situated

government customers during the Contract term; or

(iii) Special Offers/Promotions Generally: Where Contractor

generally offers more advantageous special price promotions or special

discount pricing to other customers during the Contract term for a

similar quantity, and the maximum price or discount associated with

such offer or promotion is better than the discount or Net Price

otherwise available under this Contract, such better price or discount

shall apply for similar quantity transactions under this Contract for the

life of such general offer or promotion; and

(iv) Special Offers/Promotions to Authorized Users: Contractor

may offer Authorized Users, under either this Contract or any other

Contracting vehicle, competitive pricing which is lower than the NYS

Net Price set forth herein at any time during the Contract term and

such lower pricing shall not be applied as a global price reduction

under the Contract pursuant to the foregoing paragraph (iii).

Unless otherwise specified in the Bid Specifications, Contractor may

offer lower prices or better terms (see Modification of Contract Terms)

on any specific Purchase Order(s) from any Authorized User without

being in conflict with, or obligation to comply on a global basis, with

the terms of this clause.

g. Best and Final Prices As specified in the Bid Documents and

Contract, a Contractor may be solicited at the time of issuance of a

Purchase Order or Mini-Bid award for best and final pricing for the

Product or service to be delivered to the Authorized User. Contractors

are encouraged to reduce their pricing upon receipt of such request.

25. DRAWINGS

a. Drawings Submitted With Bid When the Bid Specifications

require the Bidder to furnish drawings and/or plans, such drawings

and/or plans shall conform to the mandates of the Bid Documents and

shall, when approved by the Commissioner, be considered a part of the

Bid and of any resulting Contract. All symbols and other

representations appearing on the drawings shall be considered a part of

the drawing.

b. Drawings Submitted During the Contract Term Where

required to develop, maintain and deliver diagrams or other technical

schematics regarding the scope of work, Contractor shall do so on an

ongoing basis at no additional charge, and must, as a condition of

payment, update drawings and plans during the Contract term to

reflect additions, alterations, and deletions. Such drawings and

diagrams shall be delivered to the Authorized User’s representative.

c. Accuracy of Drawings Submitted All drawings shall be neat

and professional in manner and shall be clearly labeled as to locations

and type of product, connections and components. Drawings and

diagrams are to be in compliance with accepted drafting standards.

Acceptance or approval of such plans shall not relieve the Contractor

from responsibility for design or other errors of any sort in the

drawings or plans, or from its responsibility for performing as

required, furnishing product, services or installation, or carrying out

any other requirements of the intended scope of work.

26. SITE INSPECTION Where a site inspection is required by the

Bid Specifications or Project Definition, Bidder shall be required to

inspect the site, including environmental or other conditions for pre-

existing deficiencies that may affect the installed Product, equipment,

or environment or services to be provided and, which may affect

Bidder’s ability to properly deliver, install or otherwise provide the

required Product. All inquiries regarding such conditions shall be

made in writing. Bidder shall be deemed to have knowledge of any

deficiencies or conditions which such inspection or inquiry might have

disclosed. Bidder must provide a detailed explanation with its Bid if

additional work is required under this clause in order to properly

complete the delivery and installation of the required Product or

provide the requested service.

27. PROCUREMENT CARD The State has entered into an

agreement for purchasing card services. The Purchasing Card enables

Authorized Users to make authorized purchases directly from a

Contractor without processing a Purchase Orders or Purchase

Authorizations. Purchasing Cards are issued to selected employees

authorized to purchase for the Authorized User and having direct

contact with Contractors. Cardholders can make purchases directly

from any Contractor that accepts the Purchasing Card.

The Contractor shall not process a transaction for payment

through the credit card clearinghouse until the purchased products

have been shipped or services performed. Unless the cardholder

requests correction or replacement of a defective or faulty Product in

accordance with other Contract requirements, the Contractor shall

immediately credit a cardholder’s account for products returned as

defective or faulty.

28. SAMPLES a. Standard Samples Bid Specifications may indicate that the

Product to be purchased must be equal to a standard sample on display

in a place designated by the Commissioner and such sample will be

made available to the Bidder for examination prior to the opening date.

Failure by the Bidder to examine such sample shall not entitle the

Bidder to any relief from the conditions imposed by the Bid

Specifications.

b. Bidder Supplied Samples The Commissioner reserves the right

to request from the Bidder/Contractor a representative sample(s) of the

Product offered at any time prior to or after award of a contract.

Unless otherwise instructed, samples shall be furnished within the time

specified in the request. Untimely submission of a sample may

constitute grounds for rejection of Bid or cancellation of the Contract.

Samples must be submitted free of charge and be accompanied by the

Bidder’s name and address, any descriptive literature relating to the

Product and a statement indicating how and where the sample is to be

returned. Where applicable, samples must be properly labeled with the

appropriate Bid or Contract reference.

A sample may be held by the Commissioner during the entire term of

the Contract and for a reasonable period thereafter for comparison with

deliveries. At the conclusion of the holding period the sample, where

feasible, will be returned as instructed by the Bidder, at the Bidder’s

expense and risk. Where the Bidder has failed to fully instruct the

Commissioner as to the return of the sample (i.e., mode and place of

return, etc.) or refuses to bear the cost of its return, the sample shall

become the sole property of the receiving entity at the conclusion of

the holding period.

c. Enhanced Samples When an approved sample exceeds the

minimum specifications, all Product delivered must be of the same

enhanced quality and identity as the sample. Thereafter, in the event

of a Contractor’s default, the Commissioner may procure a Product

substantially equal to the enhanced sample from other sources,

charging the Contractor for any additional costs incurred.

d. Conformance with Sample(s) Submission of a sample (whether

or not such sample is tested by, or for, the Commissioner) and

approval thereof shall not relieve the Contractor from full compliance

with all terms and conditions, performance related and otherwise,

specified in the Bid Specifications. If in the judgment of the

Commissioner the sample or product submitted is not in accordance

with the specifications or testing requirements prescribed in the Bid

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July 2006 8

Specifications, the Commissioner may reject the Bid. If an award has

been made, the Commissioner may cancel the Contract at the expense

of the Contractor.

e. Testing All samples are subject to tests in the manner and place

designated by the Commissioner, either prior to or after Contract

award. Unless otherwise stated in the Bid Specifications, Bidder

samples consumed or rendered useless by testing will not be returned

to the Bidder. Testing costs for samples that fails to meet Contract

requirements may be at the expense of the Contractor.

f. Requests For Samples By Authorized Users Requests for

samples by Authorized Users require the consent of the Contractor.

Where Contractor refuses to furnish a sample, Authorized User may,

in its sole discretion, make a determination on the performance

capability of the Product or on the issue in question.

BID EVALUATION

29. BID EVALUATION The Commissioner reserves the right to

accept or reject any and all Bids, or separable portions of offers, and

waive technicalities, irregularities, and omissions if the Commissioner

determines the best interests of the State will be served. The

Commissioner, in his/her sole discretion, may accept or reject illegible,

incomplete or vague Bids and his/her decision shall be final. A

conditional or revocable Bid which clearly communicates the terms or

limitations of acceptance may be considered, and Contract award may

be made in compliance with the Bidder’s conditional or revocable

terms in the offer.

30. CONDITIONAL BID Unless the Bid Specifications provides

otherwise, a Bid is not rendered non-responsive if the Bidder specifies

that the award will be accepted only on all or a specified group of

items or Product included in the specification. It is understood that

nothing herein shall be deemed to change or alter the method of award

contained in the Bid Documents.

31. CLARIFICATIONS / REVISIONS Prior to award, the

Commissioner reserves the right to seek clarifications, request Bid

revisions, or to request any information deemed necessary for proper

evaluation of Bids from all Bidders deemed to be eligible for Contract

award. Failure to provide requested information may result in

rejection of the Bid.

32. PROMPT PAYMENT DISCOUNTS While prompt payment

discounts will not be considered in determining the low Bid, the

Commissioner may consider any prompt payment discount in

resolving Bids which are otherwise tied. However, any notation

indicating that the price is net, (e.g., net 30 days), shall be understood

to mean only that no prompt payment discount is offered by the

Bidder. The imposition of service, interest, or other charges, except

pursuant to the provisions of Article 11-A of the State Finance Law,

which are applicable in any case, may render the Bid non-responsive

and may be cause for its rejection.

33. EQUIVALENT OR IDENTICAL BIDS In the event two

offers are found to be substantially equivalent, price shall be the basis

for determining the award recipient. If two or more Bidders submit

substantially equivalent Bids as to pricing or other factors, the decision

of the Commissioner to award a Contract to one or more of such

Bidders shall be final.

34. PERFORMANCE AND RESPONSIBILITY

QUALIFICATIONS The Commissioner reserves the right to

investigate or inspect at any time whether or not the Product, services,

qualifications or facilities offered by the Bidder/Contractor meet the

requirements set forth in the Bid Specifications/Contract or as set forth

during Contract negotiations. Contractor shall at all times during the

Contract term remain responsible and responsive. A

Bidder/Contractor must be prepared, if requested by the

Commissioner, to present evidence of legal authority to do business in

New York State, integrity, experience, ability, prior performance,

organizational and financial capacity as well as where applicable, a

statement as to supply, plant, machinery and capacity of the

manufacturer or source for the production, distribution and servicing

of the Product offered/Bid. If the Commissioner determines that the

conditions and terms of the Bid Documents, Bid Specifications or

Contract are not complied with, or that items, services or Product

proposed to be furnished do not meet the specified requirements, or

that the legal authority, integrity experience, ability, prior

performance, organization and financial capacity or facilities are not

satisfactory, the Commissioner may reject such Bid or terminate the

Contract.

35. DISQUALIFICATION FOR PAST PERFORMANCE AND

FINDINGS OF NON-RESPONSIBILITY Bidder may be

disqualified from receiving awards if Bidder, or anyone in Bidder’s

employment, has previously failed to perform satisfactorily in

connection with public Bidding or contracts or is deemed non-

responsible.

36. QUANTITY CHANGES PRIOR TO AWARD The

Commissioner reserves the right, at any time prior to the award of a

specific quantity Contract, to alter in good faith the quantities listed in

the Bid Specifications. In the event such right is exercised, the lowest

responsible Bidder meeting Bid Specifications will be advised of the

revised quantities and afforded an opportunity to extend or reduce its

Bid price in relation to the changed quantities. Refusal by the low

Bidder to so extend or reduce its Bid price may result in the rejection

of its Bid and the award of such Contract to the lowest responsible

Bidder who accepts the revised qualifications.

37. TIMEFRAME FOR OFFERS The Commissioner reserves the

right to make awards within sixty (60) days after the date of the Bid

opening or such other period of time as set forth in the Bid Documents,

during which period, Bids must remain firm and cannot e withdrawn.

Pursuant to Section 163(9)(e) of the State Finance Law and Section 2-

205 of the Uniform Commercial Code when applicable, where an

award is not made within the sixty (60) day period or other time

specified as set forth in the Bid Documents, the Bids shall remain firm

until such later time as either a Contract is awarded or the Bidder

delivers to the Commissioner written notice of the withdrawal of its

Bid. Any Bid which expressly states therein that acceptance must be

made within a shorter specified time, may at the sole discretion of the

Commissioner, be accepted or rejected.

TERMS & CONDITIONS

38. CONTRACT CREATION / EXECUTION Except for

contracts governed by Article 11-B of the State Finance Law, subject

to and upon receipt of all required approvals as set forth in the Bid

Specifications a Contract shall be deemed executed and created with

the successful Bidder(s), upon the Commissioner’s mailing or

electronic communication to the address on the Bid/Contract of: (i)

the final Contract Award Notice; (ii) a fully executed Contract; or (iii)

a Purchase Order authorized by the Commissioner.

39. PARTICIPATION IN CENTRALIZED CONTRACTS The

following shall not limit or inhibit the OGS Commissioner’s authority

under State Finance Law, Section 163 (10) (e) (Piggybacking):

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July 2006 9

a. Agencies All State Agencies may utilize and purchase under any

state Centralized Contract let by the Commissioner, unless the Bid

Documents limit purchases to specific State Agencies.

b. Non-State Agency Authorized Users Authorized Users other

than State Agencies are permitted to make purchases through state

Centralized Contracts where permitted by law, the Contract or the

Commissioner.

c. Voluntary Extension Purchase Orders issued against a State

Centralized Contract by any Authorized User not provided for in the

Bid Specifications shall be honored by the Contractor at its discretion

and only with the approval of the OGS Commissioner and any other

approvals required by law. Contractors are encouraged to voluntarily

extend service Contracts to those additional entities authorized to

utilize commodity Contracts under Section 163 (3) (iv) of the State

Finance Law.

d. Responsibility for Performance Participation in state

Centralized Contracts by Authorized Users is permitted upon the

following conditions: (i) the responsibility with regard to performance

of any contractual obligation, covenant, condition or term thereunder

by any Authorized User other than State Agencies shall be borne and

is expressly assumed by such Authorized User and not by the State;

(ii) a breach of the Contract by any particular Authorized User shall

neither constitute nor be deemed a breach of the Contract as a whole

which shall remain in full force and effect, and shall not affect the

validity of the Contract nor the obligations of the Contractor

thereunder respecting non-breaching Authorized Users, whether State

or otherwise; (iii) for a breach by an Authorized User other than a

State Agency, the State specifically and expressly disclaims any and

all liability for such breach; and (iv) each non-state agency Authorized

User and Contractor guarantees to save the State, its officers, agents

and employees harmless from any liability that may be or is imposed

by their failure to perform in accordance with its obligations under the

Contract.

e. Contract Migration Authorized Users holding individual

Contracts with a Contractor at the time that Contractor is awarded a

Centralized Contract for the same Products or services shall be

permitted to migrate to that Centralized Contract effective with its

commencement date. Such migration shall not operate to diminish,

alter or eliminate any right that the Authorized User otherwise had

under the terms and conditions of their individual Contract.

40. MODIFICATION OF CONTRACT TERMS The terms and

conditions set forth in the Contract shall govern all transactions by

Authorized User(s) under this Contract. The Contract may only be

modified or amended upon mutual written agreement of the

Commissioner and Contractor.

The Contractor may, however, offer Authorized User(s) more

advantageous pricing, payment, or other terms and conditions than

those set forth in the Contract. In such event, a copy of such terms

shall be furnished to the Authorized User(s) and Commissioner by the

Contractor at the time of such offer.

Other than where such terms are more advantageous for the

Authorized User(s) than those set forth in the Contract, no alteration or

modification of the terms of the Contract, including substitution of

Product, shall be valid or binding against Authorized User(s) unless

authorized by the Commissioner or specified in the Contract Award

Notification. No such alteration or modification shall be made by

unilaterally affixing such terms to Product upon delivery (including,

but not limited to, attachment or inclusion of standard pre-printed

order forms, product literature, “shrink wrap” terms accompanying

software upon delivery, or other documents) or by incorporating such

terms onto order forms, purchase orders or other documents forwarded

by the Contractor for payment, notwithstanding Authorized User’s

subsequent acceptance of Product, or that Authorized User has

subsequently processed such document for approval or payment.

41. SCOPE CHANGES The Commissioner reserves the right,

unilaterally, to require, by written order, changes by altering, adding to

or deducting from the Bid Specifications, such changes to be within

the general scope of the Contract. The Commissioner may make an

equitable adjustment in the Contract price or delivery date if the

change affects the cost or time of performance. Such equitable

adjustments require the consent of the Contractor, which consent shall

not be unreasonably withheld.

42. ESTIMATED / SPECIFIC QUANTITY CONTRACTS Estimated quantity contracts are expressly agreed and understood to be

made for only the quantities, if any, actually ordered during the

Contract term. No guarantee of any quantity(s) is implied or given.

Purchases by Authorized Users from Contracts for services and

technology are voluntary.

With respect to any specific quantity stated in the contract, the

Commissioner reserves the right after award to order up to 20% more

or less (rounded to the next highest whole number) than the specific

quantities called for in the Contract. Notwithstanding the foregoing,

the Commissioner may purchase greater or lesser percentages of

Contract quantities should the Commissioner and Contractor so agree.

Such agreement may include an equitable price adjustment.

43. EMERGENCY CONTRACTS In the event that a disaster

emergency is declared by Executive Order under Section 28 of Article

2-B of the Executive Law, or the Commissioner determines pursuant

to his/her authority under Section 163 (10) (b) of the State Finance

Law that an emergency exists requiring the prompt and immediate

delivery of Product, the Commissioner reserves the right to obtain

such Product from any source, including but not limited to this

Contract(s), as the Commissioner in his/her sole discretion determines

will meet the needs of such emergency. Contractor shall not be

entitled to any claim or lost profits for Product procured from other

sources pursuant to this paragraph. The reasons underlying the finding

that an emergency exists shall be included in the procurement record.

44. PURCHASE ORDERS Unless otherwise authorized in writing

by the Commissioner, no Product is to be delivered or furnished by

Contractor until transmittal of an official Purchase Order from the

Authorized User. Unless terminated or cancelled pursuant to the

authority vested in the Commissioner, Purchase Orders shall be

effective and binding upon the Contractor when placed in the mail or

electronically transmitted prior to the termination of the contract

period, addressed to the Contractor at the address for receipt of orders

set forth in the Contract or in the Contract Award Notification.

All Purchase Orders issued pursuant to Contracts let by the

Commissioner must bear the appropriate Contract number and, if

necessary, required State approvals. As deemed necessary, the

Authorized User may confirm pricing and other Product information

with the Contractor prior to placement of the Purchase Order. The

State reserves the right to require any other information from the

Contractor which the State deems necessary in order to complete any

Purchase Order placed under the Contract. Unless otherwise specified,

all Purchase Orders against Centralized Contracts will be placed by

Authorized Users directly with the Contractor and any discrepancy

between the terms stated on the vendor’s order form, confirmation or

acknowledgment, and the Contract terms shall be resolved in favor of

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July 2006 10

the terms most favorable to the Authorized User. Should an

Authorized User add written terms and conditions to the Purchase

Order that conflict with the terms and conditions of the Contract, the

Contractor has the option of rejecting the Purchase Order within five

business days of its receipt but shall first attempt to negotiate the

additional written terms and conditions in good faith with the

Authorized User, or fulfill the Purchase Order. Notwithstanding the

above, the Authorized User reserves the right to dispute any

discrepancies arising from the presentation of additional terms and

conditions with the Contractor.

If, with respect to an Agency Specific Contract let by the OGS

Commissioner, a Purchase Order is not received by the Contractor

within two weeks after the issuance of a Contract Award Notification,

it is the responsibility of the Contractor to request in writing that the

appropriate Authorized User forward a Purchase Order. If, thereafter,

a Purchase Order is not received within a reasonable period of time,

the Contractor shall promptly notify in writing the appropriate

purchasing officer in OGS. Failure to timely notify such officer may,

in the discretion of the OGS Commissioner and without cost to the

State, result in the cancellation of such requirement by the OGS

Commissioner with a corresponding reduction in the Contract quantity

and price.

45. PRODUCT DELIVERY Delivery must be made as ordered to

the address specified on the Purchase Order and in accordance with the

terms of the Contract or Contract Award Notice. Unless otherwise

specified in the Bid Documents, delivery shall be made within thirty

calendar days after receipt of a Purchase Order by the Contractor. The

decision of the Commissioner as to compliance with delivery terms

shall be final. The burden of proof for delay in receipt of Purchase

Order shall rest with the Contractor. In all instances of a potential or

actual delay in delivery, the Contractor shall immediately notify the

Commissioner and the Authorized User, and confirm in writing the

explanation of the delay, and take appropriate action to avoid any

subsequent late deliveries. Any extension of time for delivery must be

requested in writing by the Contractor and approved in writing by the

Authorized User. Failure to meet such delivery time schedule may be

grounds for cancellation of the order or, in the Commissioner’s

discretion, the Contract.

46. WEEKEND AND HOLIDAY DELIVERIES Unless otherwise

specified in the Bid Specifications or by an Authorized User,

deliveries will be scheduled for ordinary business hours, Monday

through Friday (excluding legal holidays observed by the State of New

York). Deliveries may be scheduled by mutual agreement for

Saturdays, Sundays or legal holidays observed by the State of New

York where the Product is for daily consumption, an emergency exists,

the delivery is a replacement, delivery is late, or other reasonable

circumstance in which event the convenience of the Authorized User

shall govern.

47. SHIPPING/RECEIPT OF PRODUCT a. Packaging Tangible Product shall be securely and properly

packed for shipment, storage and stocking in appropriate, clearly

labeled shipping containers and according to accepted commercial

practice, without any extra charges for packing materials, cases or

other types of containers. The container shall become and remain the

property of the Authorized User unless otherwise specified in the

Contract documents.

b. Shipping Charges Unless otherwise stated in the Bid

Specifications, all deliveries shall be deemed to be freight on board

(F.O.B.) destination tailgate delivery at the dock of the Authorized

User. Unless otherwise agreed, items purchased at a price F.O.B.

Shipping point plus transportation charges shall not relieve the

Contractor from responsibility for safe and proper delivery

notwithstanding the Authorized User’s payment of transportation

charges. Contractor shall be responsible for ensuring that the Bill of

Lading states “charges prepaid” for all shipments.

c. Receipt of Product The Contractor shall be solely responsible

for assuring that deliveries are made to personnel authorized to accept

delivery on behalf of the Authorized User. Any losses resulting from

the Contractor’s failure to deliver Product to authorized personnel

shall be borne exclusively by the Contractor.

48. TITLE AND RISK OF LOSS Notwithstanding the form of

shipment, title or other property interest, risk of loss shall not pass

from the Contractor to the Authorized User until the Products have

been received, inspected and accepted by the receiving entity.

Acceptance shall occur within a reasonable time or in accordance with

such other defined acceptance period as may be specified in the Bid

Specifications or Purchase Order. Mere acknowledgment by

Authorized User personnel of the delivery or receipt of goods (e.g.,

signed bill of lading) shall not be deemed or construed as acceptance

of the Products received. Any delivery of Product that is substandard

or does not comply with the Bid Specifications or Contract terms and

conditions, may be rejected or accepted on an adjusted price basis, as

determined by the Commissioner.

49. RE-WEIGHING PRODUCT Deliveries are subject to re-

weighing at the point of destination by the Authorized User. If

shrinkage occurs which exceeds that normally allowable in the trade,

the Authorized User shall have the option to require delivery of the

difference in quantity or to reduce the payment accordingly. Such

option shall be exercised in writing by the Authorized User.

50. PRODUCT SUBSTITUTION In the event a specified

manufacturer’s Product listed in the Contract becomes unavailable or

cannot be supplied by the Contractor for any reason (except as

provided for in the Savings/Force Majeure Clause) a Product deemed

in writing by the Commissioner to be equal to or better than the

specified Product must be substituted by the Contractor at no

additional cost or expense to the Authorized User. Unless otherwise

specified, any substitution of Product prior to the Commissioner’s

written approval may be cause for cancellation of Contract.

51. REJECTED PRODUCT When Product is rejected, it must be

removed by the Contractor from the premises of the Authorized User

within ten calendar days of notification of rejection by the Authorized

User. Upon notification of rejection, risk of loss of rejected or non-

conforming Product shall remain with Contractor. Rejected items not

removed by the Contractor within ten calendar days of notification

shall be regarded as abandoned by the Contractor, and the Authorized

User shall have the right to dispose of Product as its own property.

The Contractor shall promptly reimburse the Authorized User for any

and all costs and expenses incurred in storage or effecting removal or

disposition after the ten-calendar day period.

52. INSTALLATION Where installation is required, Contractor

shall be responsible for placing and installing the Product in the

required locations. All materials used in the installation shall be of

good quality and shall be free from any and all defects that would mar

the appearance of the Product or render it structurally unsound.

Installation includes the furnishing of any equipment, rigging and

materials required to install or place the Product in the proper location.

The Contractor shall protect the site from damage for all its work and

shall repair damages or injury of any kind caused by the Contractor, its

employees, officers or agents. If any alteration, dismantling or

excavation, etc. is required to effect installation, the Contractor shall

thereafter promptly restore the structure or site. Work shall be

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July 2006 11

performed to cause the least inconvenience to the Authorized User(s)

and with proper consideration for the rights of other Contractors or

workers. The Contractor shall promptly perform its work and shall

coordinate its activities with those of other Contractors. The

Contractor shall clean up and remove all debris and rubbish from its

work as required or directed. Upon completion of the work, the

building and surrounding area of work shall be left clean and in a neat,

unobstructed condition, and everything in satisfactory repair and order.

53. REPAIRED OR REPLACED PARTS / COMPONENTS Where the Contractor is required to repair, replace or substitute

Product or parts or components of the Product under the Contract, the

repaired, replaced or substituted Products shall be subject to all terms

and conditions for new parts and components set forth in the Contract

including Warranties, as set forth in the Additional Warranties Clause

herein. Replaced or repaired Product or parts and components of such

Product shall be new and shall, if available, be replaced by the original

manufacturer’s component or part. Remanufactured parts or components

meeting new Product standards may be permitted by the Commissioner or

Authorized User. Before installation, all proposed substitutes for the

original manufacturer’s installed parts or components must be approved

by the Authorized User. The part or component shall be equal to or of

better quality than the original part or component being replaced.

54. ON-SITE STORAGE With the written approval of the

Authorized User, materials, equipment or supplies may be stored at the

Authorized User’s site at the Contractor’s sole risk.

55. EMPLOYEES, SUBCONTRACTORS & AGENTS All

employees, Subcontractors or agents performing work under the Contract

must be trained staff or technicians who meet or exceed the professional,

technical and training qualifications set forth in the Bid Specifications or

the Bid Documents, whichever is more restrictive, and must comply with

all security and administrative requirements of the Authorized User. The

Commissioner reserves the right to conduct a security background check

or otherwise approve any employee, Subcontractor or agent furnished by

Contractor and to refuse access to or require replacement of any personnel

for cause based on, including but not limited to, professional, technical or

training qualifications, quality of work or change in security status or non-

compliance with Authorized User’s security or other requirements. Such

approval shall not relieve the Contractor of the obligation to perform all

work in compliance with the Contract terms. The Commissioner reserves

the right to reject and/or bar from the facility for cause any employee,

Subcontractor, or agents of the Contractor.

56. ASSIGNMENT The Contractor shall not assign, transfer,

convey, sublet, or otherwise dispose of the contract or its right, title or

interest therein, or its power to execute such contract to any other

person, company, firm or corporation in performance of the contract

without the prior written consent of the Commissioner or Authorized

User (as applicable). Failure to obtain consent to assignment from the

Authorized User shall revoke and annul such Contract.

Notwithstanding the foregoing, the State shall not hinder, prevent or

affect assignment of money by a Contractor for the benefit of its

creditors. Prior to a consent to assignment of monies becoming

effective, the Contractor shall file a written notice of such monies

assignment(s) with the Comptroller. Prior to a consent to assignment

of a Contract, or portion thereof, becoming effective, the Contractor

shall submit the request to assignment to the Commissioner and seek

written agreement from the Commissioner which will be filed with the

Comptroller. The Commissioner reserves the right to reject any

proposed assignee in his/her discretion.

Upon notice to the Contractor, the Contract may be assigned without

the consent of the Contractor to another State Agency or subdivision

of the State pursuant to a governmental reorganization or assignment

of functions under which the functions are transferred to a successor

Agency or to another Agency that assumes OGS responsibilities for

the Contract.

57. SUBCONTRACTORS AND SUPPLIERS The Commissioner

reserves the right to reject any proposed Subcontractor or supplier for

bona fide business reasons, which may include, but are not limited to:

they are on the Department of Labor’s list of companies with which

New York State cannot do business; the Commissioner determines that

the company is not qualified; the Commissioner determines that the

company is not responsible; the company has previously provided

unsatisfactory work or services; the company failed to solicit minority

and women’s business enterprises (M/WBE) Bidders as required by

prior Contracts.

58. PERFORMANCE / BID BOND The Commissioner reserves

the right to require a Bidder or Contractor to furnish without additional

cost, a performance, payment or Bid bond or negotiable irrevocable

letter of credit or other form of security for the faithful performance of

the Contract. Where required, such bond or other security shall be in

the form prescribed by the Commissioner.

59. SUSPENSION OF WORK The Commissioner, in his/her sole

discretion, reserves the right to suspend any or all activities under this

Contract, at any time, in the best interests of the Authorized User. In

the event of such suspension, the Contractor will be given a formal

written notice outlining the particulars of such suspension. Examples

of the reason for such suspension include, but are not limited to, a

budget freeze or reduction on State spending, declaration of

emergency, contract compliance issues or other such circumstances.

Upon issuance of such notice, the Contractor is not to accept any

Purchase Orders, and shall comply with the suspension order. Activity

may resume at such time as the Commissioner issues a formal written

notice authorizing a resumption of performance under the Contract.

An Authorized User may issue a formal written notice for the

suspension of work for which it has engaged the Contractor for

reasons specified in the above paragraph. The written notice shall set

forth the reason for such suspension and a copy of the written notice

shall be provided to the Commissioner.

60. TERMINATION

a. For Cause: For a material breach that remains uncured for more

than thirty (30) days or other specified period after written notice to the

Contractor, the Contract or Purchase Order may be terminated by the

Commissioner or Authorized User at the Contractor’s expense where

Contractor becomes unable or incapable of performing, or meeting any

requirements or qualifications set forth in the Contract, or for non-

performance, or upon a determination that Contractor is non-

responsible. Such termination shall be upon written notice to the

Contractor. In such event, the Commissioner or Authorized User may

complete the contractual requirements in any manner it may deem

advisable and pursue available legal or equitable remedies for breach.

b. For Convenience: By written notice, this Contract may be

terminated at any time by the State for convenience upon sixty (60) days

written notice or other specified period without penalty or other early

termination charges due. Such termination of the Contract shall not

affect any project or Purchase Order that has been issued under the

Contract prior to the date of such termination. If the Contract is

terminated pursuant to this subdivision, the Authorized User shall

remain liable for all accrued but unpaid charges incurred through the

date of the termination. Contractor shall use due diligence and provide

any outstanding deliverables.

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July 2006 12

c. For Violation of the Sections 139-j and 139-k of the State

Finance Law: The Commissioner reserves the right to terminate the

Contract in the event it is found that the certification filed by the

Bidder in accordance with Section 139-k of the State Finance Law was

intentionally false or intentionally incomplete. Upon such finding, the

Commissioner may exercise its termination right by providing written

notification to the Contractor in accordance with the written

notification terms of the Contract.

d. For Violation of Revised Tax Law 5a: The Commissioner

reserves the right to terminate the contract in the event it is found that

the certification filed by the Contractor in accordance with §5-a of the

Tax Law is not timely filed during the term of the Contract or the

certification furnished was intentionally false or intentionally

incomplete. Upon such finding, the Commissioner may exercise its

termination right by providing written notification to the Contractor.

61. SAVINGS/FORCE MAJEURE A force majeure occurrence is

an event or effect that cannot be reasonably anticipated or controlled.

Force majeure includes, but is not limited to, acts of God, acts of war,

acts of public enemies, strikes, fires, explosions, actions of the

elements, floods, or other similar causes beyond the control of the

Contractor or the Commissioner in the performance of the Contract

which non- performance, by exercise of reasonable diligence, cannot

be prevented. Contractor shall provide the Commissioner with written

notice of any force majeure occurrence as soon as the delay is known.

Neither the Contractor nor the Commissioner shall be liable to the

other for any delay in or failure of performance under the Contract due

to a force majeure occurrence. Any such delay in or failure of

performance shall not constitute default or give rise to any liability for

damages. The existence of such causes of such delay or failure shall

extend the period for performance to such extent as determined by the

Contractor and the Commissioner to be necessary to enable complete

performance by the Contractor if reasonable diligence is exercised

after the cause of delay or failure has been removed.

Notwithstanding the above, at the discretion of the Commissioner

where the delay or failure will significantly impair the value of the

Contract to the State or to Authorized Users, the Commissioner may:

a. Accept allocated performance or deliveries from the Contractor.

The Contractor, however, hereby agrees to grant preferential treatment

to Authorized Users with respect to Product subjected to allocation;

and/or

b. Purchase from other sources (without recourse to and by the

Contractor for the costs and expenses thereof) to replace all or part of

the Products which are the subject of the delay, which purchases may

be deducted from the Contract quantities without penalty or liability to

the State; or

c. Terminate the Contract or the portion thereof which is subject to

delays, and thereby discharge any unexecuted portion of the Contract

or the relative part thereof.

In addition, the Commissioner reserves the right, in his/her sole

discretion, to make an equitable adjustment in the Contract terms

and/or pricing should extreme and unforeseen volatility in the

marketplace affect pricing or the availability of supply. "Extreme and

unforeseen volatility in the marketplace" is defined as market

circumstances which meet the following criteria: (i) the volatility is

due to causes outside the control of Contractor; (ii) the volatility

affects the marketplace or industry, not just the particular Contract

source of supply; (iii) the effect on pricing or availability of supply is

substantial; and (iv) the volatility so affects Contractor's performance

that continued performance of the Contract would result in a

substantial loss.

62. CONTRACT BILLINGS Contractor and the

distributors/resellers designated by the Contractor, if any, shall provide

complete and accurate billing invoices to each Authorized User in

order to receive payment. Billings for Authorized Users must contain

all information required by the Contract and the State Comptroller.

The State Comptroller shall render payment for Authorized User

purchases, and such payment shall be made in accordance with

ordinary State procedures and practices. Payment of Contract

purchases made by Authorized Users, other than Agencies, shall be

billed directly by Contractor on invoices/vouchers, together with

complete and accurate supporting documentation as required by the

Authorized User.

Submission of an invoice and payment thereof shall not preclude the

Commissioner from reimbursement or demanding a price adjustment

in any case where the Product delivered is found to deviate from the

terms and conditions of the Contract or where the billing was

inaccurate.

Contractor shall provide, upon request of the Commissioner, any and

all information necessary to verify the accuracy of the billings. Such

information shall be provided in the format requested by the

Commissioner and in a media commercially available from the

Contractor. The Commissioner may direct the Contractor to provide

the information to the State Comptroller or to any Authorized User of

the Contract.

63. DEFAULT – AUTHORIZED USER a. Breach of Authorized User Not Breach of Centralized Contract.

An Authorized User’s breach shall not be deemed a breach of the

Centralized Contract, rather it shall be deemed a breach of the

Authorized User’s performance under the terms and conditions of the

Centralized Contract.

b. Failure to Make Payment. In the event a participating Authorized

User fails to make payment to the Contractor for Products delivered,

accepted and properly invoiced, within 60 days of such delivery and

acceptance, the Contractor may, upon 10 days advance written notice

to both the Commissioner and the Authorized User’s purchasing

official, suspend additional shipments of Product or provision of

services to such entity until such time as reasonable arrangements have

been made and assurances given by such entity for current and future

Contract payments.

c. Notice of Breach. Notwithstanding the foregoing, the Contractor

shall, at least 10 days prior to declaring a breach of Contract by any

Authorized User, by certified or registered mail, notify both the

Commissioner and the purchasing official of the breaching Authorized

User of the specific facts, circumstances and grounds upon which a

breach will be declared.

d. It is understood, however, that if the Contractor’s basis for

declaring a breach is insufficient, the Contractor’s declaration of

breach and failure to service an Authorized User shall constitute a

breach of its Contract and the Authorized User may thereafter seek any

remedy available at law or equity.

64. INTEREST ON LATE PAYMENTS a. State Agencies The payment of interest on certain payments due

and owed by Agency may be made in accordance with Article 11-A of

the State Finance Law (SFL §179-d et. Seq.) and Title 2 of the New

York Code of Rules and Regulations, Part 18 (Implementation of

Prompt Payment Legislation -2 NYCRR §18.1 et seq.).

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GENERAL SPECIFICATIONS APPENDIX B

July 2006 13

b. By Non-State Agencies The terms of Article 11-A apply only to

procurements by and the consequent payment obligations of Agencies.

Neither expressly nor by any implication is the statute applicable to

Non-State Authorized Users. Neither OGS nor the State Comptroller

is responsible for payments on any purchases made by a Non-State

Agency Authorized User.

c. By Contractor Should the Contractor be liable for any payments

to the State hereunder, interest, late payment charges and collection fee

charges will be determined and assessed pursuant to Section 18 of the

State Finance Law.

65. REMEDIES FOR BREACH It is understood and agreed that

all rights and remedies afforded below shall be in addition to all

remedies or actions otherwise authorized or permitted by law:

a. Cover/Substitute Performance In the event of Contractor's

material breach, the Commissioner may, with or without formally

Bidding: (i) Purchase from other sources; or (ii) If the Commissioner

is unsuccessful after making reasonable attempts, under the

circumstances then existing, to timely obtain acceptable service or

acquire replacement Product of equal or comparable quality, the

Commissioner may acquire acceptable replacement Product of lesser

or greater quality.

Such purchases may, in the discretion of the Commissioner, be

deducted from the Contract quantity and payments due Contractor.

b. Withhold Payment In any case where a question of non-

performance by Contractor arises, payment may be withheld in whole

or in part at the discretion of the Commissioner. Should the amount

withheld be finally paid, a cash discount originally offered may be

taken as if no delay in payment had occurred.

c. Bankruptcy In the event that the Contractor files a petition

under the U.S. Bankruptcy Code during the term of this Centralized

Contract, Authorized Users may, at their discretion, make application

to exercise its right to set-off against monies due the Debtor or, under

the Doctrine of Recoupment, credit the Authorized User the amounts

owed by the Contractor arising out of the same transactions.

d. Reimbursement of Costs Incurred The Contractor agrees to

reimburse the Authorized User promptly for any and all additional

costs and expenses incurred for acquiring acceptable services, and/or

replacement Product. Should the cost of cover be less than the

Contract price, the Contractor shall have no claim to the difference.

The Contractor covenants and agrees that in the event suit is

successfully prosecuted for any default on the part of the Contractor,

all costs and expenses expended or incurred by the Authorized User in

connection therewith, including reasonable attorney’s fees, shall be

paid by the Contractor.

Where the Contractor fails to timely deliver pursuant to the guaranteed

delivery terms of the Contract, the ordering Authorized User may rent

substitute equipment temporarily. Any sums expended for such rental

shall, upon demand, be reimbursed to the Authorized User promptly

by the Contractor or deducted by the Authorized User from payments

due or to become due the Contractor on the same or another

transaction.

e. Deduction/Credit Sums due as a result of these remedies may

be deducted or offset by the Authorized User from payments due, or to

become due, the Contractor on the same or another transaction. If no

deduction or only a partial deduction is made in such fashion the

Contractor shall pay to the Authorized User the amount of such claim

or portion of the claim still outstanding, on demand. The

Commissioner reserves the right to determine the disposition of any

rebates, settlements, restitution, liquidated damages, etc., which arise

from the administration of the Contract.

66. ASSIGNMENT OF CLAIM Contractor hereby assigns to the

State any and all its claims for overcharges associated with this

Contract which may arise under the antitrust laws of the United States,

15 USC Section 1, et. seq. and the antitrust laws of the State of New

York, General Business Law Section 340, et. seq.

67. TOXIC SUBSTANCES Each Contractor furnishing a toxic

substance as defined by Section 875 of the Labor Law, shall provide

such Authorized User with not less than two copies of a material safety

data sheet, which sheet shall include for each such substance the

information outlined in Section 876 of the Labor Law.

Before any chemical product is used or applied on or in any building, a

copy of the product label and Material Safety Data Sheet must be

provided to and approved by the Authorized User agency representative.

68. INDEPENDENT CONTRACTOR It is understood and agreed

that the legal status of the Contractor, its agents, officers and employees

under this Contract is that of an independent Contractor, and in no manner

shall they be deemed employees of the Authorized User, and therefore are

not entitled to any of the benefits associated with such employment. The

Contractor agrees, during the term of this Contract, to maintain at

Contractor’s expense those benefits to which its employees would

otherwise be entitled by law, including health benefits, and all necessary

insurance for its employees, including worker’s compensation, disability

and unemployment insurance, and to provide the Authorized User with

certification of such insurance upon request. The Contractor remains

responsible for all applicable federal, state and local taxes, and all FICA

contributions.

69. SECURITY Contractor warrants, covenants and represents that

it will comply fully with all security procedures of the Authorized

User(s) in performance of the Contract including but not limited to

physical, facility, documentary and cyber security rules, procedures

and protocols.

70. COOPERATION WITH THIRD PARTIES The Contractor

shall be responsible for fully cooperating with any third party,

including but not limited to other Contractors or Subcontractors of the

Authorized User, as necessary to ensure delivery of Product or

coordination of performance of services.

71. CONTRACT TERM - RENEWAL In addition to any stated

renewal periods in the Contract, any Contract or unit portion thereof

let by the Commissioner may be extended by the Commissioner for an

additional period(s) of up to one year with the written concurrence of

the Contractor and Comptroller. Such extension may be exercised on

a month to month basis or in other stated periods of time during the

one year extension.

72. ADDITIONAL WARRANTIES Where Contractor, product

manufacturer or service provider generally offers additional or more

advantageous warranties than set forth below, Contractor shall offer or

pass through any such warranties to Authorized Users. Contractor

hereby warrants and represents:

a. Product Performance Contractor warrants and represents that

Products delivered pursuant to this Contract conform to the

manufacturer's specifications, performance standards and

documentation, and the documentation fully describes the proper

procedure for using the Products.

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GENERAL SPECIFICATIONS APPENDIX B

July 2006 14

b. Title and Ownership Warranty Contractor warrants, represents

and conveys (i) full ownership, clear title free of all liens, or (ii) the

right to transfer or deliver perpetual license rights to any Products

transferred to Authorized User under this Contract. Contractor shall

be solely liable for any costs of acquisition associated therewith.

Contractor fully indemnifies the Authorized User for any loss,

damages or actions arising from a breach of said warranty without

limitation.

c. Contractor Compliance Contractor represents and warrants to

pay, at its sole expense, for all applicable permits, licenses, tariffs, tolls

and fees to give all notices and comply with all laws, ordinances, rules

and regulations of any governmental entity in conjunction with the

performance of obligations under the Contract. Prior to award and

during the Contract term and any renewals thereof, Contractor must

establish to the satisfaction of the Commissioner that it meets or

exceeds all requirements of the Bid/Contract and any applicable laws,

including but not limited to, permits, insurance coverage, licensing,

proof of coverage for worker’s compensation, and shall provide such

proof as required by the Commissioner. Failure to do so may

constitute grounds for the Commissioner to cancel or suspend this

Contract, in whole or in part, or to take any other action deemed

necessary by the Commissioner.

d. Product Warranty Unless recycled or recovered materials are

available in accordance with the “Recycled or Recovered Materials”

clause, Product offered shall be standard new equipment, current

model or most recent release of regular stock product with all parts

regularly used with the type of equipment offered; and no attachment

or part has been substituted or applied contrary to the manufacturer’s

recommendations and standard practice.

Contractor further warrants and represents that components or

deliverables specified and furnished by or through Contractor shall

individually, and where specified and furnished as a system, be

substantially uninterrupted or error-free in operation and guaranteed

against faulty material and workmanship for the warranty period, or

for a minimum of one (1) year from the date of acceptance, whichever

is longer (“Project warranty period”). During the Project warranty

period, defects in the materials or workmanship of components or

deliverables specified and furnished by or through Contractor shall be

repaired or replaced by Contractor at no cost or expense to the

Authorized User. Contractor shall extend the Project warranty period

for individual component(s), or for the System as a whole, as

applicable, by the cumulative period(s) of time, after notification,

during which an individual component or the System requires

servicing or replacement (down time) or is in the possession of the

Contractor, its agents, officers, Subcontractors, distributors, resellers

or employees (“extended warranty”).

Where Contractor, the Independent Software Vendor “ISV,” or other

third party manufacturer markets any Project Deliverable delivered by

or through Contractor with a standard commercial warranty, such

standard warranty shall be in addition to, and not relieve the

Contractor from, Contractor’s warranty obligations during the project

warranty and extended warranty period(s). Where such standard

commercial warranty covers all or some of the Project warranty or

extended warranty period(s), Contractor shall be responsible for the

coordination during the Project warranty or extended warranty

period(s) with ISV or other third party manufacturer(s) for warranty

repair or replacement of ISV or other third party manufacturer’s

Product.

Where Contractor, ISV or other third party manufacturer markets any

Project Deliverable with a standard commercial warranty which goes

beyond the Project warranty or extended warranty period(s),

Contractor shall notify the Authorized User and pass through the

manufacturer’s standard commercial warranty to Authorized User at

no additional charge; provided, however, that Contractor shall not be

responsible for coordinating services under the third party extended

warranty after expiration of the Project warranty and extended

warranty period(s).

e. Replacement Parts Warranty If during the regular or extended

warranty period’s faults develop, the Contractor shall promptly repair

or, upon demand, replace the defective unit or component part

affected. All costs for labor and material and transportation incurred

to repair or replace defective Product during the warranty period shall

be borne solely by the Contractor, and the State or Authorized User

shall in no event be liable or responsible therefor.

Any part of component replaced by the Contractor under the Contract

warranty shall be replaced at no cost to the Authorized User and

guaranteed for the greater of: a) the warranty period under paragraph (d)

above; or b) if a separate warranty for that part or component is generally

offered by the manufacturer, the standard commercial warranty period

offered by the manufacturer for the individual part or component.

f. Virus Warranty The Contractor represents and warrants that

Licensed Software contains no known viruses. Contractor is not

responsible for viruses introduced at Licensee’s site.

g. Date/Time Warranty Contractor warrants that Product(s)

furnished pursuant to this Contract shall, when used in accordance with

the Product documentation, be able to accurately process date/time data

(including, but not limited to, calculating, comparing, and sequencing)

transitions, including leap year calculations. Where a Contractor

proposes or an acquisition requires that specific Products must perform as

a package or system, this warranty shall apply to the Products as a system.

Where Contractor is providing ongoing services, including but not limited

to: i) consulting, integration, code or data conversion, ii) maintenance or

support services, iii) data entry or processing, or iv) contract

administration services (e.g., billing, invoicing, claim processing),

Contractor warrants that services shall be provided in an accurate and

timely manner without interruption, failure or error due to the inaccuracy

of Contractor’s business operations in processing date/time data

(including, but not limited to, calculating, comparing, and sequencing)

various date/time transitions, including leap year calculations. Contractor

shall be responsible for damages resulting from any delays, errors or

untimely performance resulting therefrom, including but not limited to the

failure or untimely performance of such services.

This Date/Time Warranty shall survive beyond termination or expiration

of this contract through: a) ninety (90) days or b) the Contractor’s or

Product manufacturer/developer’s stated date/time warranty term,

whichever is longer. Nothing in this warranty statement shall be

construed to limit any rights or remedies otherwise available under this

Contract for breach of warranty.

h. Workmanship Warranty Contract warrants that all

components or deliverables specified and furnished by or through

Contractor under the Project Definition/Work Order meet the

completion criteria set forth in the Project Definition/Work Order and

any subsequent statement(s) of work, and that services will be

provided in a workmanlike manner in accordance with industry

standards.

i. Survival of Warranties All warranties contained in this

Contract shall survive the termination of this Contract.

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July 2006 15

73. LEGAL COMPLIANCE Contractor represents and warrants

that it shall secure all notices and comply with all laws, ordinances,

rules and regulations of any governmental entity in conjunction with

the performance of obligations under the Contract. Prior to award and

during the Contract term and any renewals thereof, Contractor must

establish to the satisfaction of the Commissioner that it meets or

exceeds all requirements of the Bid and Contract and any applicable

laws, including but not limited to, permits, licensing, and shall provide

such proof as required by the Commissioner. Failure to comply or

failure to provide proof may constitute grounds for the Commissioner

to cancel or suspend the Contract, in whole or in part, or to take any

other action deemed necessary by the Commissioner. Contractor also

agrees to disclose information and provide affirmations and

certifications to comply with Sections 139-j and 139-k of the State

Finance Law.

74. INDEMNIFICATION Contractor shall be fully liable for the

actions of its agents, employees, partners or Subcontractors and shall

fully indemnify and save harmless the Authorized Users from suits,

actions, damages and costs of every name and description relating to

personal injury and damage to real or personal tangible property

caused by any intentional act or negligence of Contractor, its agents,

employees, partners or Subcontractors, without limitation; provided,

however, that the Contractor shall not indemnify for that portion of

any claim, loss or damage arising hereunder due to the negligent act or

failure to act of the Authorized Users.

75. INDEMNIFICATION RELATING TO THIRD PARTY

RIGHTS The Contractor will also indemnify and hold the Authorized

Users harmless from and against any and all damages, expenses

(including reasonable attorneys' fees), claims, judgments, liabilities

and costs that may be finally assessed against the Authorized Users in

any action for infringement of a United States Letter Patent, or of any

copyright, trademark, trade secret or other third party proprietary right

except to the extent such claims arise from the Authorized Users gross

negligence or willful misconduct, provided that the State shall give

Contractor: (i) prompt written notice of any action, claim or threat of

infringement suit, or other suit, (ii) the opportunity to take over, settle

or defend such action, claim or suit at Contractor's sole expense, and

(iii) assistance in the defense of any such action at the expense of

Contractor.

If usage shall be enjoined for any reason or if Contractor believes that

it may be enjoined, Contractor shall have the right, at its own expense

and sole discretion to take action in the following order of precedence:

(i) to procure for the Authorized User the right to continue Usage (ii)

to modify the service or Product so that Usage becomes non-

infringing, and is of at least equal quality and performance; or (iii) to

replace said service or Product or part(s) thereof, as applicable, with

non-infringing service or Product of at least equal quality and

performance. If the above remedies are not available, the parties shall

terminate the Contract, in whole or in part as necessary and applicable,

provided the Authorized User is given a refund for any amounts paid

for the period during which Usage was not feasible.

The foregoing provisions as to protection from third party rights shall

not apply to any infringement occasioned by modification by the

Authorized User of any Product without Contractor’s approval.

In the event that an action at law or in equity is commenced against the

Authorized User arising out of a claim that the Authorized User's use of

the service or Product under the Contract infringes any patent,

copyright or proprietary right, and Contractor is of the opinion that the

allegations in such action in whole or in part are not covered by the

indemnification and defense provisions set forth in the Contract,

Contractor shall immediately notify the Authorized User and the

Office of the Attorney General in writing and shall specify to what

extent Contractor believes it is obligated to defend and indemnify

under the terms and conditions of the Contract. Contractor shall in

such event protect the interests of the Authorized User and secure a

continuance to permit the Authorized User to appear and defend its

interests in cooperation with Contractor, as is appropriate, including

any jurisdictional defenses the Authorized User may have. This

constitutes the Authorized User’s sole and exclusive remedy for patent

infringement, or for infringement of any other third party proprietary

right.

76. LIMITATION OF LIABILITY Except as otherwise set forth

in the Indemnification Paragraphs above, the limit of liability shall be

as follows:

a. Contractor’s liability for any claim, loss or liability arising out of,

or connected with the Products and services provided, and whether

based upon default, or other liability such as breach of contract,

warranty, negligence, misrepresentation or otherwise, shall in no case

exceed direct damages in: (i) an amount equal to two (2) times the

charges specified in the Purchase Order for the Products and services,

or parts thereof forming the basis of the Authorized User’s claim, (said

amount not to exceed a total of twelve (12) months charges payable

under the applicable Purchase Order) or (ii) one million dollars

($1,000,000), whichever is greater.

b. The Authorized User may retain such monies from any amount

due Contractor as may be necessary to satisfy any claim for damages,

costs and the like asserted against the Authorized User unless

Contractor at the time of the presentation of claim shall demonstrate to

the Authorized User’s satisfaction that sufficient monies are set aside

by the Contractor in the form of a bond or through insurance coverage

to cover associated damages and other costs.

c. Notwithstanding the above, neither the Contractor nor the

Authorized User shall be liable for any consequential, indirect or

special damages of any kind which may result directly or indirectly

from such performance, including, without limitation, damages

resulting from loss of use or loss of profit by the Authorized User, the

Contractor, or by others.

77. INSURANCE Contractor shall secure and maintain insurance

coverage as specified in the Bid Documents and shall promptly

provide documentation of specified coverages to the Authorized User.

If specified, the Contractor may be required to add the Authorized

User as an additional insured.

THE FOLLOWING CLAUSES PERTAIN TO

TECHNOLOGY & NEGOTIATED CONTRACTS

78. SOFTWARE LICENSE GRANT Where Product is acquired

on a licensed basis the following shall constitute the license grant:

a. License Scope Licensee is granted a non-exclusive, perpetual

license to use, execute, reproduce, display, perform, or merge the

Product within its business enterprise in the United States up to the

maximum licensed capacity stated on the Purchase Order. Product

may be accessed, used, executed, reproduced, displayed or performed up

to the capacity measured by the applicable licensing unit stated on the

Purchase Order (i.e., payroll size, number of employees, CPU, MIPS,

MSU, concurrent user, workstation). Licensee shall have the right to

use and distribute modifications or customizations of the Product to

and for use by any Authorized Users otherwise licensed to use the

Product, provided that any modifications, however extensive, shall not

diminish Licensor’s proprietary title or interest. No license, right or

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GENERAL SPECIFICATIONS APPENDIX B

July 2006 16

interest in any trademark, trade name, or service mark is granted

hereunder.

b. License Term The license term shall commence upon the

License Effective Date, provided, however, that where an acceptance

or trial period applies to the Product, the License Term shall be

extended by the time period for testing, acceptance or trial.

c. Licensed Documentation If commercially available, Licensee

shall have the option to require the Contractor to deliver, at

Contractor’s expense: (i) one (1) hard copy and one (1) master

electronic copy of the Documentation in a mutually agreeable format;

(ii) based on hard copy instructions for access by downloading from

the Internet (iii) hard copies of the Product Documentation by type of

license in the following amounts, unless otherwise mutually agreed:

• Individual/Named User License - one (1) copy per License

• Concurrent Users - 10 copies per site

• Processing Capacity - 10 copies per site

Software media must be in a format specified by the Authorized User,

without requiring any type of conversion.

Contractor hereby grants to Licensee a perpetual license right to make,

reproduce (including downloading electronic copies of the Product)

and distribute, either electronically or otherwise, copies of Product

Documentation as necessary to enjoy full use of the Product in

accordance with the terms of license.

d. Product Technical Support & Maintenance Licensee shall

have the option of electing the Product technical support and

maintenance (“maintenance”) set forth in the Contract by giving

written notice to Contractor any time during the Centralized Contract

term. Maintenance term(s) and any renewal(s) thereof are independent

of the expiration of the Centralized Contract term and will not

automatically renew.

Maintenance shall include, at a minimum, (i) the provision of error

corrections, updates, revisions, fixes, upgrade and new releases to

Licensee, and (ii) Help Desk assistance with locally accessible “800”

or toll free, local telephone service, or alternatively on-line Help Desk

accessibility. Contractor shall maintain the Products so as to provide

Licensee with the ability to utilize the Products in accordance with the

Product documentation without significant functional downtime to its

ongoing business operations during the maintenance term.

Authorized User shall not be required to purchase maintenance for use

of Product, and may discontinue maintenance at the end of any current

maintenance term upon notice to Contractor. In the event that

Authorized User does not initially acquire or discontinues maintenance

of licensed Product, it may, at any time thereafter, reinstate

maintenance for Product without any additional penalties or other

charges, by paying Contractor the amount which would have been due

under the Contract for the period of time that such maintenance had

lapsed, at then current NYS net maintenance rates.

e. Permitted License Transfers As Licensee’s business operations

may be altered, expanded or diminished, licenses granted hereunder

may be transferred or combined for use at an alternative or

consolidated site not originally specified in the license, including

transfers between Agencies (“permitted license transfers”).

Licensee(s) do not have to obtain the approval of Contractor for

permitted license transfers, but must give thirty (30) days prior written

notice to Contractor of such move(s) and certify in writing that the

Product is not in use at the prior site. There shall be no additional

license or other transfer fees due Contractor, provided that: i) the

maximum capacity of the consolidated machine is equal to the

combined individual license capacity of all licenses running at the

consolidated or transferred site (e.g., named users, seats, or MIPS); or

ii) if the maximum capacity of the consolidated machine is greater

than the individual license capacity being transferred, a logical or

physical partition or other means of restricting access will be

maintained within the computer system so as to restrict use and access

to the Product to that unit of licensed capacity solely dedicated to

beneficial use for Licensee. In the event that the maximum capacity of

the consolidated machine is greater than the combined individual

license capacity of all licenses running at the consolidated or

transferred site, and a logical or physical partition or other means of

restricting use is not available, the fees due Contractor shall not exceed

the fees otherwise payable for a single license for the upgrade

capacity.

f. Restricted Use By Outsourcers / Facilities Management,

Service Bureaus / or Other Third Parties Outsourcers, facilities

management or service bureaus retained by Licensee shall have the

right to use the Product to maintain Licensee’s business operations,

including data processing, for the time period that they are engaged in

such activities, provided that: 1) Licensee gives notice to Contractor

of such party, site of intended use of the Product, and means of access;

and 2) such party has executed, or agrees to execute, the Product

manufacturer’s standard nondisclosure or restricted use agreement

which executed agreement shall be accepted by the Contractor (“Non-

Disclosure Agreement”); and 3) if such party is engaged in the

business of facility management, outsourcing, service bureau or other

services, such third party will maintain a logical or physical partition

within its computer system so as to restrict use and access to the

program to that portion solely dedicated to beneficial use for Licensee.

In no event shall Licensee assume any liability for third party’s

compliance with the terms of the Non-Disclosure Agreement, nor shall

the Non-Disclosure Agreement create or impose any liabilities on the

State or Licensee.

Any third party with whom a Licensee has a relationship for a state

function or business operation, shall have the temporary right to use

Product (e.g., JAVA Applets), provided that such use shall be limited

to the time period during which the third party is using the Product for

the function or business activity.

g. Archival Back-Up and Disaster Recovery Licensee may use

and copy the Product and related Documentation in connection with:

i) reproducing a reasonable number of copies of the Product for

archival backup and disaster recovery procedures in the event of

destruction or corruption of the Product or disasters or emergencies

which require Licensee to restore backup(s) or to initiate disaster

recovery procedures for its platform or operating systems; ii)

reproducing a reasonable number of copies of the Product and related

Documentation for cold site storage. “Cold Site” storage shall be

defined as a restorable back-up copy of the Product not to be installed

until and after the declaration by the Licensee of a disaster; iii)

reproducing a back-up copy of the Product to run for a reasonable

period of time in conjunction with a documented consolidation or

transfer otherwise allowed herein. “Disaster Recovery” shall be

defined as the installation and storage of Product in ready-to-execute,

back-up computer systems prior to disaster or breakdown which is not

used for active production or development.

h. Confidentiality Restrictions The Product is a trade secret,

copyrighted and proprietary product. Licensee and its employees will

keep the Product strictly confidential, and Licensee will not disclose or

otherwise distribute or reproduce any Product to anyone other than as

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GENERAL SPECIFICATIONS APPENDIX B

July 2006 17

authorized under the terms of Contract. Licensee will not remove or

destroy any proprietary markings of Contractor.

i. Restricted Use by Licensee Except as expressly authorized by

the terms of license, Licensee shall not:

(i) Copy the Product;

(ii) Cause or permit reverse compilation or reverse assembly of

all or any portion of the Product;

(iii) Export the Licensed Software in violation of any U.S.

Department of Commerce export administration regulations.

79. PRODUCT ACCEPTANCE Unless otherwise provided by

mutual agreement of the Authorized User and the Contractor, Authorized

User(s) shall have thirty (30) days from the date of delivery to accept

hardware products and sixty (60) days from the date of delivery to

accept all other Product. Where the Contractor is responsible for

installation, acceptance shall be from completion of installation.

Failure to provide notice of acceptance or rejection or a deficiency

statement to the Contractor by the end of the period provided for under

this clause constitutes acceptance by the Authorized User(s) as of the

expiration of that period. The License Term shall be extended by the

time periods allowed for trial use, testing and acceptance unless the

Commissioner or Authorized User agrees to accept the Product at

completion of trial use.

Unless otherwise provided by mutual agreement of the Authorized User

and the Contractor, Authorized User shall have the option to run testing

on the Product prior to acceptance, such tests and data sets to be

specified by User. Where using its own data or tests, Authorized User

must have the tests or representative set of data available upon

delivery. This demonstration will take the form of a documented

installation test, capable of observation by the Authorized User, and

shall be made part of the Contractor’s standard documentation. The

test data shall remain accessible to the Authorized User after

completion of the test.

In the event that the documented installation test cannot be completed

successfully within the specified acceptance period, and the Contractor

or Product is responsible for the delay, Authorized User shall have the

option to cancel the order in whole or in part, or to extend the testing

period for an additional thirty (30) day increment. Authorized User

shall notify Contractor of acceptance upon successful completion of

the documented installation test. Such cancellation shall not give rise

to any cause of action against the Authorized User for damages, loss of

profits, expenses, or other remuneration of any kind.

If the Authorized User elects to provide a deficiency statement

specifying how the Product fails to meet the specifications within the

testing period, Contractor shall have thirty (30) days to correct the

deficiency, and the Authorized User shall have an additional sixty (60)

days to evaluate the Product as provided herein. If the Product does

not meet the specifications at the end of the extended testing period,

Authorized User, upon prior written notice to Contractor, may then

reject the Product and return all defective Product to Contractor, and

Contractor shall refund any monies paid by the Authorized User to

Contractor therefor. Costs and liabilities associated with a failure of

the Product to perform in accordance with the functionality tests or

product specifications during the acceptance period shall be borne

fully by Contractor to the extent that said costs or liabilities shall not

have been caused by negligent or willful acts or omissions of the

Authorized User’s agents or employees. Said costs shall be limited to

the amounts set forth in the Limitation of Liability Clause for any

liability for costs incurred at the direction or recommendation of

Contractor.

80. AUDIT OF LICENSED PRODUCT USAGE Contractor

shall have the right to periodically audit, no more than annually, at

Contractor’s expense, use of licensed Product at any site where a copy

of the Product resides provided that: (i) Contractor gives Licensee(s)

at least thirty (30) days advance written notice, (ii) such audit is

conducted during such party’s normal business hours, (iii) the audit is

conducted by an independent auditor chosen on mutual agreement of

the parties. Contractor shall recommend a minimum of three (3)

auditing/accounting firms from which the Licensee will select one (1).

In no case shall the Business Software Alliance (BSA), Software

Publishers Association (SPA), Software and Industry Information

Association (SIIA) or Federation Against Software Theft (FAST) be

used directly or indirectly to conduct audits, or be recommended by

Contractor; (iv) Contractor and Licensee are each entitled to designate

a representative who shall be entitled to participate, and who shall

mutually agree on audit format, and simultaneously review all

information obtained by the audit. Such representatives also shall be

entitled to copies of all reports, data or information obtained from the

audit; and (v) if the audit shows that such party is not in compliance,

Licensee shall be required to purchase additional licenses or capacities

necessary to bring it into compliance and shall pay for the unlicensed

capacity at the NYS Net Price in effect at time of audit, or if none,

then at the Contractor’s U.S. Commercial list price. Once such

additional licenses or capacities are purchased, Licensee shall be

deemed to have been in compliance retroactively, and Licensee shall

have no further liability of any kind for the unauthorized use of the

software.

81. OWNERSHIP/TITLE TO PROJECT DELIVERABLES

a. Definitions

(i) For purposes of this paragraph, “Products.” A deliverable

furnished under this Contract by or through Contractor, including

existing and custom Products, including, but not limited to: a)

components of the hardware environment, b) printed materials

(including but not limited to training manuals, system and user

documentation, reports, drawings), whether printed in hard copy or

maintained on diskette, CD, DVD or other electronic media c) third

party software, d) modifications, customizations, custom programs,

program listings, programming tools, data, modules, components, and

e) any properties embodied therein, whether in tangible or intangible

form (including but not limited to utilities, interfaces, templates,

subroutines, algorithms, formulas, source code, object code).

(ii) For purposes of this paragraph, “Existing Products.”

Tangible Products and intangible licensed Products that exist prior to

the commencement of work under the Contract. Contractor bears the

burden of proving that a particular product was in existence prior to

the commencement of the Project.

(iii) For purposes of this paragraph, “Custom Products.”

Products, preliminary, final or otherwise, which are created or

developed by Contractor, its Subcontractors, partners, employees or

agents for Authorized User under the Contract.

b. Title to Project Deliverables Contractor acknowledges that it

is commissioned by the Authorized User to perform the services

detailed in the Purchase Order. Unless otherwise specified in writing

in the Bid or Purchase Order, the Authorized User shall have

ownership and license rights as follows:

(i) Existing Products:

1. Hardware - Title and ownership of Existing Hardware

Product shall pass to Authorized User upon Acceptance.

2. Software - Title and ownership to Existing Software

Product(s) delivered by Contractor under the Contract that is normally

commercially distributed on a license basis by the Contractor or other

independent software vendor proprietary owner (“Existing Licensed

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July 2006 18

Product”), whether or not embedded in, delivered or operating in

conjunction with hardware or Custom Products, shall remain with

Contractor or the proprietary owner of other independent software

vendor(s) (ISV). Effective upon acceptance, such Product shall be

licensed to Authorized User in accordance with the Contractor or ISV

owner’s standard license agreement, provided, however, that such

standard license, must, at a minimum: (a) grant Authorized User a

non-exclusive, perpetual license to use, execute, reproduce, display,

perform, adapt (unless Contractor advises Authorized User as part of

Contractor’s proposal that adaptation will violate existing agreements

or statutes and Contractor demonstrates such to the Authorized User’s

satisfaction) and distribute Existing Licensed Product to the

Authorized User up to the license capacity stated in the Purchase

Order or work order with all license rights necessary to fully effect the

general business purpose(s) stated in the Bid or Authorized User’s

Purchase Order or work order, including the financing assignment

rights set forth in paragraph (c) below; and (b) recognize the State of

New York as the licensee where the Authorized User is a state agency,

department, board, commission, office or institution. Where these

rights are not otherwise covered by the ISV’s owner’s standard license

agreement, the Contractor shall be responsible for obtaining these

rights at its sole cost and expense. The Authorized User shall

reproduce all copyright notices and any other legend of ownership on

any copies authorized under this paragraph.

(ii.) Custom Products: Effective upon creation of Custom

Products, Contractor hereby conveys, assigns and transfers to

Authorized User the sole and exclusive rights, title and interest in

Custom Product(s), whether preliminary, final or otherwise, including

all trademark and copyrights. Contractor hereby agrees to take all

necessary and appropriate steps to ensure that the Custom Products are

protected against unauthorized copying, reproduction and marketing

by or through Contractor, its agents, employees, or Subcontractors.

Nothing herein shall preclude the Contractor from otherwise using the

related or underlying general knowledge, skills, ideas, concepts,

techniques and experience developed under a Purchase Order, project

definition or work order in the course of Contractor’s business.

Authorized User may, by providing written notice thereof to the

Contractor, elect in the alternative to take a non-exclusive perpetual

license to Custom Products in lieu of Authorized User taking exclusive

ownership and title to such Products. In such case, Licensee on behalf

of all Authorized Users shall be granted a non-exclusive perpetual

license to use, execute, reproduce, display, perform, adapt and

distribute Custom Product as necessary to fully effect the general

business purpose(s) as stated in paragraph (b)(i)(2), above.

c. Transfers or Assignments to a Third Party Financing Agent It

is understood and agreed by the parties that a condition precedent to

the consummation of the purchase (s) under the Contract may be the

obtaining of acceptable third party financing by the Authorized User.

The Authorized User shall make the sole determination of the

acceptability of any financing proposal. The Authorized User will

make all reasonable efforts to obtain such financing, but makes no

representation that such financing has been obtained as of the date of

Bid receipt. Where financing is used, Authorized User may assign or

transfer its rights in Licensed Products (existing or custom) to a third

party financing entity or trustee (“Trustee”) as collateral where required

by the terms of the financing agreement. Trustee’s sole rights with

respect to transferability or use of Licensed Products shall be to

exclusively sublicense to Authorized User all of its Licensee’s rights

under the terms and conditions of the License Agreement; provided,

further, however, in the event of any termination or expiration of such

sublicense by reason of payment in full, all of Trustee’s rights in such

Licensed Product shall terminate immediately and Authorized User’s

prior rights to such Existing Licensed Product shall be revived.

d. Sale or License of Custom Products Involving Tax-Exempt

Financing (i.e., Certificates of Participation - COPS) The Authorized

User’s sale or other transfer of Custom Products which were acquired by

the Authorized User using third party, tax-exempt financing may not

occur until such Custom Products are, or become, useable. In the event

that the Contractor wishes to obtain ownership rights to Custom

Product(s), the sale or other transfer shall be at fair market value

determined at the time of such sale or other transfer, and must be pursuant

to a separate written agreement in a form acceptable to the Authorized

User which complies with the terms of this paragraph.

e. Contractor’s Obligation with Regard to ISV (Third Party)

Product Where Contractor furnishes Existing Licensed Product(s) as a

Project Deliverable, and sufficient rights necessary to effect the purposes

of this section are not otherwise provided in the Contractor or ISV’s

standard license agreement, Contractor shall be responsible for obtaining

from the ISV third party proprietary owner/developer the rights set forth

herein to the benefit of the Authorized User at Contractor’s sole cost and

expense.

82. PROOF OF LICENSE The Contractor must provide to each

Licensee who places a Purchase Order either: (i) the Product

developer’s certified License Confirmation Certificates in the name of

such Licensee; or (ii) a written confirmation from the Proprietary

owner accepting Product invoice as proof of license. Contractor shall

submit a sample certificate, or alternatively such written confirmation

from the proprietary developer. Such certificates must be in a form

acceptable to the Licensee.

83. PRODUCT VERSION Purchase Orders shall be deemed to

reference Manufacturer’s most recently released model or version of

the Product at time of order, unless an earlier model or version is

specifically requested in writing by Authorized User and Contractor is

willing to provide such version.

84. CHANGES TO PRODUCT OR SERVICE OFFERINGS a. Product or Service Discontinuance Where Contractor is the

Product Manufacturer/Developer, and Contractor publicly announces

to all U.S. customers (“date of notice”) that a Product is being

withdrawn from the U.S. market or that maintenance service or

technical support provided by Contractor (“withdrawn support”) is no

longer going to be offered, Contractor shall be required to: (i) notify

the Commissioner, each Licensee and each Authorized User then

under contract for maintenance or technical support in writing of the

intended discontinuance; and (ii) continue to offer Product or

withdrawn support upon the Contract terms previously offered for the

greater of: a) the best terms offered by Contractor to any other

customer, or b) not less than twelve (12) months from the date of

notice; and (iii) at Authorized User’s option, provided that the

Authorized User is under contract for maintenance on the date of

notice, either: provide the Authorized User with a Product replacement

or migration path with at least equivalent functionality at no additional

charge to enable Authorized User to continue use and maintenance of

the Product.

In the event that the Contractor is not the Product Manufacturer,

Contractor shall be required to: (i) provide the notice required under

the paragraph above, to the entities described within five (5) business

days of Contractor receiving notice from the Product Manufacturer,

and (ii) include in such notice the period of time from the date of

notice that the Product Manufacturer will continue to provide Product

or withdraw support.

The provisions of this subdivision (a) shall not apply or eliminate

Contractor’s obligations where withdrawn support is being provided

by an independent Subcontractor. In the event that such Subcontractor

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GENERAL SPECIFICATIONS APPENDIX B

July 2006 19

ceases to provide service, Contractor shall be responsible for

subcontracting such service, subject to state approval, to an alternate

Subcontractor.

b. Product or Service Re-Bundling In the event that Contractor is

the Product manufacturer and publicly announces to all U.S. customers

(“date of notice”) that a Product or maintenance or technical support

offering is being re-bundled in a different manner from the structure or

licensing model of the prior U.S. commercial offering, Contractor shall

be required to: (i) notify the State and each Authorized User in writing

of the intended change; (ii) continue to provide Product or withdrawn

support upon the same terms and conditions as previously offered on

the then-current NYS Contract for the greater of: a) the best terms

offered by Contractor to any other customer, or b) not less than twelve

(12) months from the date of notice; and (iii) shall submit the proposed

rebundling change to the Commissioner for approval prior to its

becoming effective for the remainder of the Contract term. The

provisions of this section do not apply if the Contractor is not the

Product manufacturer.

85. NO HARDSTOP/PASSIVE LICENSE MONITORING Unless an Authorized User is otherwise specifically advised to the

contrary in writing at the time of order and prior to purchase,

Contractor hereby warrants and represents that the Product and all

Upgrades do not and will not contain any computer code that would

disable the Product or Upgrades or impair in any way its operation

based on the elapsing of a period of time, exceeding an authorized

number of copies, advancement to a particular date or other numeral,

or other similar self-destruct mechanisms (sometimes referred to as

“time bombs,” “time locks,” or “drop dead” devices) or that would

permit Contractor to access the Product to cause such disablement or

impairment (sometimes referred to as a “trap door” device).

Contractor agrees that in the event of a breach or alleged breach of this

provision that Authorized User shall not have an adequate remedy at

law, including monetary damages, and that Authorized User shall

consequently be entitled to seek a temporary restraining order,

injunction, or other form of equitable relief against the continuance of

such breach, in addition to any and all remedies to which Authorized

User shall be entitled.

86. SOURCE CODE ESCROW FOR LICENSED PRODUCT If

Source Code or Source Code escrow is offered by either Contractor or

Product manufacturer or developer to any other commercial

customers, Contractor shall either: (i) provide Licensee with the

Source Code for the Product; or (ii) place the Source Code in a third

party escrow arrangement with a designated escrow agent who shall be

named and identified to the State, and who shall be directed to release

the deposited Source Code in accordance with a standard escrow

agreement acceptable to the State; or (iii) will certify to the State that

the Product manufacturer/developer has named the State, acting by and

through the Authorized User, and the Licensee, as a named beneficiary

of an established escrow arrangement with its designated escrow agent

who shall be named and identified to the State and Licensee, and who

shall be directed to release the deposited Source Code in accordance

with the terms of escrow. Source Code, as well as any corrections or

enhancements to such source code, shall be updated for each new

release of the Product in the same manner as provided above and such

updating of escrow shall be certified to the State in writing.

Contractor shall identify the escrow agent upon commencement of the

Contract term and shall certify annually that the escrow remains in

effect in compliance with the terms of this paragraph.

The State may release the Source Code to Licensees under this

Contract who have licensed Product or obtained services, who may use

such copy of the Source Code to maintain the Product.

FOR NEGOTIATED CONTRACTS THE FOLLOWING

CLAUSES ARE RESERVED BECAUSE BIDDING DOES NOT

APPLY:

Clauses: 7, 8, 9, 10, 11, 12, 13, 16, 15, 21, 25, 26, 28, 29, 30, 31, 32,

33, 36, 49, 50, 52, 54 and 37

Page 68: Executed Contract

GENERAL SPECIFICATIONS APPENDIX B

July 2006 20

I N D E X

Paragraph Paragraph

A No.

Additional Warranties 72

Advertising Results 20

Applicability 1

Assignment 56

Assignment of Claim 66

Audit of Licensed Product Usage 80

Authentication of Facsimile Bids 10

B

Bid Contents 12

Bid Evaluation 29

Bid Opening 7

Bid Submission 8

C

Changes to Product or Service Offerings 84

Clarification/Revisions 31

Confidential/Trade Secret Materials 14

Conflict of Terms 4

Conditional Bid 30

Contract Billings 62

Contract Creation/Execution 38

Contract Term - Renewal 71

Cooperation with Third Parties 70

D

Default - Authorized User 63

Definitions 5

Disqualification for Past Performance 35

Drawings 25

E

Emergency Contracts 43

Employees/Subcontractors/Agents 55

Equivalent or Identical Bids 33

Estimated/Specific Quantity Contracts 42

Ethics Compliance 3

Expenses Prior to Contract Execution 19

Extraneous Terms 13

F

Facsimile Submissions 9

Freedom of Information Law 16

G

Governing Law 2

I

Indemnification 74

Indemnification Relating to Third Party Rights 75

Independent Contractor 68

Installation 52

Insurance 77

Interest on Late Payments 64

International Bidding 6

L

Late Bids 11

Legal Compliance 73

Limitation of Liability 76

M No.

Modification of Contract Terms 40

N

No Hardstop/Passive License Monitoring 85

O

On-Site Storage 54

Ownership/Title to Project Deliverables 81

P

Participation in Centralized Contracts 39

Performance and Responsibility Qualifications 34

Performance/Bid Bond 58

Prevailing Wage Rates Public Works

& Building Services Contracts 17

Pricing 24

Procurement Card 27

Product Acceptance 79

Product Delivery 45

Product References 21

Product Substitution 50

Product Version 83

Products Manufactured in Public Institutions 23

Prompt Payment Discounts 32

Proof of License 82

Purchase Orders 44

Q

Quantity Changes Prior to Award 36

R

Rejected Product 51

Release of Bid Evaluation Materials 15

Re-Weighing Product 49

Remanufactured, Recycled, Recyclable or

Recovered Materials 22

Remedies for Breach 65

Repaired or Replaced Product/Components 53

S

Samples 28

Savings/Force Majeure 61

Scope Changes 41

Security 69

Site Inspection 26

Shipping/Receipt of Product 47

Software License Grant 78

Source Code Escrow for Licensed Product 86

Subcontractors and Suppliers 57

Suspension of Work 59

T

Taxes 18

Termination 60

Timeframe for Offers 37

Title and Risk of Loss 48

Toxic Substances 67

W

Weekend and Holiday Deliveries 46

Page 69: Executed Contract

300NY Commercial Downstate

PROD# UNIT SIZE BRAND DESCRIPTION

NYS NET

DELIVERED

PRICE

1030 CS 6/5 LB CALU BAKING POWDER 54.93

1031 *** 1/5 LB CALU BAKING POWDER 9.16

1032 CS 6/5 LB GILSTR BAKING POWDER 23.38

1033 *** 1/5 LBS DIAMON BAKING POWDER 3.9

1040 CS 12/12oz DUTCH HONEY 28.81

1042 CS 12/2 LB HOSP BAKING SODA 11.5

1054 PL 60 LB HONEY PAILS 60 LB 85.46

1058 CS 6/5 LB HONEY 16.88

1059 *** 1-5 LB HONEY 2.82

1060 CS 1/200 S & P PC HONEY 10.75

1062 CS 1/200 SMUCKR PC HONEY 30.9

1066 CS 4/1 GAL D.C. MOLASSES 44.26

1070 CS 10 LB GEL COCONUT,LONG FANCY 18.71

1084 BAG 25 LB QUAKER CORN MEAL 12.18

1090 CS 24/1 LB PHOEBE CORN STARCH 16.23

1094 CS 24/16oz ARGO CORN STARCH *G 20007 17.62

1096 CS 12/8 OZ LYONS FOOD THICKENER INSTANT 33.51

1098 CS 25 LB LYONS FOOD THICKENER INSTANT 61.71

1100 CS 50 LB CHS ULTRA-SOY CHUNKS 9N (SF) 33.86

1102 CS 50 LB CHS ULTRA-SOY CRUMBLES 200C 33.86

1108 CS 50 LB CHS ULTRA-SOY BEEF CHUNKS 33.86

1110 CS 50 LB CHS ULTRA-SOY CHICKEN CHUNKS 33.86

1220 CS 20/1 LB YEAST, SAF-INSTANT 44.08

1224 CS 40/1 LB YEAST, WET FRESH 33.63

1225 *** 1/1 LB FLEISH YEAST, WET FRESH 0.84

1296 CS 5/10 LB CHOCOLATE SEMI SWEET DARK 157.7

1297 *** 1/10 LB CHOCOLATE SEMI SWEET DARK 31.54

1302 CS 25 LB KARG CHOCOLATE DROPS KARGHER 38.43

1306 CS 25 LB ROYAL COCOA DROPS 4000 CT 35.48

1308 CS 10 LB GEL COCOA DROPS 14.51

1310 CS 10 LB GEL SPRINKLES,ASSORTED(RAINBOW)10.32

1312 CS 5/10 LB MILK CHOCOLATE BLOCKS 158.99

1313 *** 1/10 LB MILK CHOCOLATE BLOCKS 31.8

1316 CS 10 LB GEL SPRINKLES,CHOCOLATE 10.75

1328 CS 12/1 LB HOSP MARSHMALLOWS MINI 13.38

1336 CS 6/10 EFCO BAVARIAN CREAM VANILLA 36.22

1340 CS 6/10 EFCO BAVARIAN CREAM CHOCOLATE 42.14

1500 TIN 3 LB BAZZIN WALNUT PIECES 22.09

1502 TIN 3 LB BAZZIN ALMONDS,SLICED BLANCHED 16.61

1510 TIN 3 LB BAZZIN PECAN PIECES 18.71

1514 TIN 4 LB BAZZIN PEANUTS, UNSALTED 8.82

1522 BOX 5 LB SUNFLOWER SEEDS RAW 9.41

1554 CS 25 LB WALNUT 115.06

Page 70: Executed Contract

1614 CS 6/10 APPLE PIE FILLING 47.01

1648 CS 6/10 BLUEBERRY PIE FILLING 75.9

1670 CS 6/10 CHERRY PIE FILLING (U) 63.74

1700 CS 6/10 LEMON PIE FILLING (U) 36.44

1730 CS 6/10 PEACH PIE FILLING 52.43

1736 CS 6/10 PINEAPPLE PIE FILLING 47.41

1766 CS 6/10 STRAWBERRY PIE FILLING 59.19

1870 BAG 50 LB FLOUR, ALL PURPOSE 15.86

1872 BAG 50 LB FLOUR, CORN 17.47

1876 BAG 50 LB G.LION FLOUR, HIGH GLUTEN 16.32

1888 CS 12/500 FINE SEMOLINA 13.44

1908 BAG 50 LB CAKE FLOUR 18.01

1916 BAG 2/25 LB CONAGR FLOUR, H & R TRAY PACK 15.37

1918 BAG 25 LB FLOUR, H & R VERY BEST 7.93

1920 BAG 50 LB FLOUR, H & R 15.7

1940 BDL 8/5 LB HECKER FLOUR, UNBLEACHED 23.22

1944 BUN 2/25 LB HECKER FLOUR, UNBLEACHED 19.89

1950 BDL 8/5 LB FLOUR,GOLD MEDAL 17.9

1990 CS 72 CT KEEBLE TART SHELLS, 3" 20.52

1994 CS 200 CT TACO SHELLS, REGULAR 10.63

1998 CS 200 CT MISSON TACO SHELLS, YELLOW 10.85

2000 CS 4/1.5lb KNORR SAUCE, HOLLANDAISE MIX 43.58

2001 *** 1/1.5 LB KNORR SAUCE HOLLANDAISE 10.9

2036 PL 25 LB CASTEL BEEF SOUP BASE 29.29

2040 CS 12/1 LB PACKER BEEF BASE POUCH 9.68

2044 CS 4/6 LB ROSE L VEGETABLE BASE LOW/SODIUM 20.21

2062 CS 12/1 LB TOVA BEEF BASE, LOW SODIUM 12.95

2066 CS 12/1 LB TOVA CHICKEN BASE, LOW SODIUM 12.95

2074 CS 12/1 LB KOSHER SOUP BASE,BEEF 14.35

2078 CS 12/1 LB KOSHER SOUP BASE,BEEF,LO-SOD 19.08

2082 CS 25 LB NYSID BEEF SOUP BASE/MEATLESS 79.08

2084 TUB 50 LB KOSHER SOUP BASE,BEEF KOSHER 38.7

2090 TUB 50 LB KOSHER SOUP BASE,BEEF NO MSG 39.24

2122 CS 12/1 LB PACKER CHICKEN BASE POUCH 9.68

2170 CS 12/1 LB GRAVY,CHICKEN BASE 12.9

2174 CS 6/1 LB MINORS CHICKEN BASE (NO MSG) 39.35

2176 CS 6/1 LB MINORS CLAM BASE (NO MSG) 49.67

2178 CS 6/1 LB MINORS BEEF BASE (NO MSG) 41.96

2180 CS 6/1 LB MINORS FISH BASE (NO MSG) 47.82

2182 CS 6/2 LB KNORR CHICKEN BASE 53.75

2183 *** 2 LB KNORR CHICKEN BASE 8.95

2184 CS 6/1 LB MINORS LOBSTER BASE (NO MSG) 84.8

2185 *** 1 LB MINORS LOBSTER BASE 14.14

2186 PL 25 LB CASTEL CHICKEN SOUP BASE 25.8

2190 CS 6/1 LB MINORS TURKEY BASE (NO MSG) 44.96

2192 CS 12/1 LB FINEST SOUP BASE,CHICKEN LO-SOD 9.68

2194 CS 6/1 LB MINORS VEGETABLE BASE (NO MSG) 28.98

Page 71: Executed Contract

2202 CS 12/1 LB KOSHER SOUP BASE,CHICKEN (K) 14.35

2204 CS 8/15 OZ NYSID CHICKEN GRAVY MIX 23.17

2206 CS 12/1 LB KOSHER SOUP BASE,CHICKEN LO-SOD 19.08

2212 TUB 50 LB KOSHER SOUP BASE,CHICKEN KOSHER 38.7

2214 TUB 50 LB KOSHER SOUP BASE,CHICKEN NO MSG (K)39.24

2224 CS 6/2 LB KNORR CHICKEN BASE SELECT 58.53

2248 CS 6/1 LB MINOR HAM BASE 49.83

2296 CS 12/1 LB KOSHER SOUP BASE,ONION 23.65

2372 CS 12/1 LB KOSHER MUSHROOM BASE 28.76

2374 CS 12/1 LB KOSHER VEGETABLE BASE 23.65

2376 CS 12/1 LB TOVA VEGETABLE BASE, LOW SODIUM13.87

2388 CS 12/2.25 NISSIN CUP-OF-NOODLES, CHICKEN 4.46

2390 CS 12/2.25 NISSIN CUP-OF-NOODLES, BEEF 3.34

2524 CS 12/1 LB GRAVY,BEEF BASE 12.9

2550 CS 12/50 DILULO GRAVY,BROWN 22.68

2552 CS 12/50 CAMPBL GRAVY,BROWN 27.22

2558 CS 8/15 OZ NYSID BROWN GRAVY MIX 22.27

2562 CS 12/12oz HEINZ GRAVY, CHICKEN 17.03

2566 CS 12/50 DILULO GRAVY,CHICKEN 27.25

2576 CS 12/50 DILULO GRAVY,TURKEY GIBLET 29.94

2813 PC 2 LB KNORR CHICKEN BASE 8.95

3012 CS 24/1 BLACK EYE 22.58

3016 CS 24/1 BLACK TURTLE BEANS 19.89

3020 CS 24/1 CHICK PEAS 22.58

3028 CS 24/1 GREAT NORTHERN BEAN 20.96

3030 CS 24/1 LENTILS, BROWNS BEST 17.74

3032 CS 24/1 LENTILS 18.81

3036 CS 24/1 LIMA BEANS, BABY 24.73

3040 CS 24/1 LIMA BEANS, LARGE 24.3

3044 CS 24/1 BARLEY,PEARL MEDIUM 15.59

3048 CS 24/1 BEANS, NAVY 20.43

3052 CS 24/1 PEAS, SPLIT, GREEN 19.35

3060 CS 24/1 PEAS, SPLIT, YELLOW 17.74

3064 CS 24/1 PEAS,PIGEON 36.37

3072 CS 24/1 PINTO BEANS 20.43

3082 CS 24/1 KIDNEY BEANS,LIGHT RED 24.73

3092 CS 1/25 BLACK EYE 21.5

3094 CS 1/25 CHICK PEAS 18.54

3096 CS 1/25 BLACK TURTLE BEANS 18.28

3112 CS 1/25 LENTILS 15.59

3116 CS 1/25 LIMA BEANS,BABY 24.19

3118 BAG 50 LB GREAT NORTHERN DRY BEAN 37.09

3120 BAG 50 LB BEANS, KIDNEY 40.85

3124 CS 1/25 BARLEY,PEARL MEDIUM 15.32

3128 CS 1/25 BEANS,NAVY 19.89

3132 CS 1/25 PEAS, SPLIT, GREEN 16.66

3134 CS 50# BAG PEAK PEAS, GREEN SPLIT 39.7

Page 72: Executed Contract

3140 CS 1/25 PEAS, SPLIT, YELLOW 14.51

3152 CS 1/25 PINTO BEANS 17.2

3154 BAG 50 LB PINTO BEANS 37.09

3162 CS 1/25 KIDNEY BEANS,LIGHT RED 22.58

3712 BAG 25 LB PRODUC RICE,BROWN *G 20015 10.12

3722 CS 12/35oz AMBROS RICE ARBORIO 29.44

3724 CS 18/14oz GOYA YELLOW RICE, GOYA 35.31

3728 CS 4/11# BASMATI RICE 45.63

3729 BAG 11# BASMATI RICE 11.41

3730 CS 24/1 LB CAROLN RICE,ENRICHED LONG GRAIN 22.65

3734 CS 18/2 LB U BEN RICE, CONVERTED UNCLE BEN'S 53.02

3740 BAG 25 LB PRODUC RICE,LONG GRAIN 9.36

3804 CS 25 LB U B RICE,CONVERTED 22.04

3810 CUB 25 LB PRODUC RICE,PAR-BOILED 10.76

3816 CS 50 LB U B RICE,CONVERTED 44.75

3818 CUB 50 LB PRODUC RICE,PAR-BOILED 20.86

3820 BAG 50 LB PRODUC RICE,PAR-BOILED 20.21

3822 BAG 25 LB RICE,PAR-BOILED 10.42

3838 CS 12/6.4 SPANISH RICE MIX 15.96

3840 CS 6/36 OZ NEAR E RICE PILAF 18.32

3844 CS 5/5 LB RLND** RICE, WILD 133.62

3845 *** 5LB BAG ROLAND RICE, WILD 26.72

3846 CS 6/36 OZ PROD RICE LONG & WILD 29

3850 CS 12/16oz MINUTE RICE, BROWN 21.27

3852 CS 6/36 OZ U B RICE,BROWN & WILD BLEND 49.91

4118 CS 12/1 QT PARADI COCKTAIL OLIVES,PITTED 23.65

4119 *** 1/1 QT PARADI COCKTAIL OLIVES,PITTED 1.97

4156 CS 6/1 LB LAYS POTATO CHIPS 12.87

4164 CS 60/.875 LAYS BAKED LAYS POTATO CHIPS 17.01

4168 CS 104/1oz FRITO POTATO CHIPS, LAYS REGULAR 19.52

4170 CS 104/1oz FRITO POTATO CHIPS, LAYS BBQ 19.52

4172 CS 120/.5oz LAYS POTATO CHIPS REGULAR 12.69

4176 CS 6/31 OZ PEPPER CHEESE GOLDFISH 37.73

4182 CS 60/1.75 FRITO DORITOS NACHO CHEESE LSS 24.14

4184 CS 104/1oz FRITO SUNCHIPS, ORIGINAL 29.48

4186 CS 104/1oz FRITO SUNCHIPS, HARVEST CHEDDAR 29.48

4188 CS 104/1oz FRITO SUNCHIPS, FRENCH ONION 29.08

4190 CS 104/.625 FRITO POPCORN WHITE CHEDDAR 29.48

4192 CS 104/1oz FRITO CHEETOS, CRUNCHY 29.48

4194 CS 104/1oz FRITO CHEETOS, CHILI CHEESE 29.48

4196 CS 104/1oz FRITO DORITOS, COOL RANCH 29.48

4200 CS 104/.875 FRITO MUNCHIES SNACK KID MIX 29.48

4202 CS 104/1oz FRITO TOSTITOS CHIPS BITE SIZE 29.48

4206 CS 104/1oz FRITO CHEETOS, CRACKER TREX 20.13

4214 CS 88/.875 ROLD G PRETZEL TINY TWISTS 19.35

4218 CS 72/.875 FRITO TOSTITO SCOOPS, BAKED 20.41

4220 CS 88/.75 FRITO BAKED DORITOS NACHO CHEESE24.95

Page 73: Executed Contract

4260 CS 200 CT BACHMA PRETZEL RODS 8.55

4272 CS 6/1 LB MEXICN TORTILLA CHIPS 9.18

4282 CS 6/2 LB TORTILLA CHIPS ASST.COLORS 28.36

4406 CS 30 LBS CANDY LOLLIPOPS 44.9

4410 CS 4/5.5lb KRINOS CANDY OUZO FLAVORED 49.45

4411 *** 5.5LB CANDY OUZO FLAVORED 12.36

4802 BAG 50 LB CMC PANCAKE MIX 23.67

4908 CS 6/5 LB Kerry BATTER, FISH & CHIPS 38.65

5114 BAG 50 LB M.MAID REDI-BREADER 62.24

5248 CS 6/5 LB HOSP MUFFIN MIX,BRAN 23.97

5260 CS 6/5 LB CMI CORN MUFFIN MIX 744-2135 20.58

5268 CS 6/5 LB CMI MUFFIN MIX,ALL PURPOSE 21.33

5412 CS 6/5 LB CMI PANCAKE MIX BUTTERMILK 741041016.92

5434 CS 6/5 LB CMI MUFFIN MIX,BLUEBERRY 22.4

5462 CS 6/5 LB G.M.L. BISCUIT MIX 19.57

5468 CS 6/5 LB CMI BISCUIT MIX 744-2175 19.88

5518 CS 6/5 LB CMI BROWNIE MIX 744-2115 23.8

5519 *** 5 LB CMI BROWNIE MIX - SPLIT 3.99

5522 CS 6/5 LB CMI CAKE MIX,DEVILS FOOD 744210523.64

5526 CS 6/5 LB HOSP CAKE MIX,GINGERBREAD 24.35

5530 CS 6/5 LB CMI CAKE MIX,GOLDEN 744-2110 20.74

5542 CS 6/5 LB HOSP CAKE MIX,POUND CAKE 30.32

5546 CS 6/5 LB HOSP CAKE MIX,SPICE CAKE 24.13

5550 CS 6/5 LB CMI WHITE CAKE MIX 7442150 22.51

5560 CS 6/5 LB CMI FROSTING,CHOC 744-1050 33.83

5564 CS 6/5 LB CMI FROSTING,WHITE 7441045 30.18

5566 CS 6/5 LB GML CAKE MIX, SWISS CHOCOLATE 25.64

5568 CS 6/5 LB GML CAKE MIX, YELLOW 23.22

5606 CS 6/5 LB G.M. YELLOW CAKE MIX 62.93

5608 CS 12/10 OZ NYSID VANILLA ICING MIX 26.18

5610 CS 12/10 OZ NYSID CHOCOLATE ICING MIX 26.18

5644 CS 12/18oz DUNCAN CAKE MIX, WHITE 23.93

5646 CS 6/5 LB M.MAID BLUEBERRY MUFFIN MIX 50.64

5650 CS 12/18oz DUNCAN YELLOW CAKE MIX 23.93

5704 CS 6/5 LB M.MAID DELUXE EGG PANCAKE MIX 37.99

5714 CS 6/5 LB GM BUTTERMILK PANCAKE MIX 32.97

5728 CS 6/5 LB FINEST BREAD CRUMBS,PLAIN 14.51

5734 CS 25 LB M.MAID BREAD CRUMBS,JAPANESE 22.04

5756 CS 6/5 LB FINEST BREAD CRUMBS,SEASONED 14.51

5760 CS 6/4 LB GOLDEN BREAD CRUMBS G0048.7 25.49

5774 BAG 50 LB PALAG BREAD CRUMBS,PLAIN KOSHER 28.49

5788 BAG 25 LB G & L CRACKER MEAL, FINE 16.93

5802 BAG 25 LB M.MAID MATZOH MEAL 17.2

5816 CS 12/21oz KELLOG CORN FLAKE CRUMBS 34.57

5824 CS 12/1.75 HOSP STUFFING, CHICKEN 36.55

5826 CS 12/1.75 HOSP STUFFING, CORNBREAD 36.55

5902 CS 6/5 LB G.M. MUFFIN MIX, CORN 52.68

Page 74: Executed Contract

5908 CS 6/4.875 G.M. MUFFIN MIX,BLUEBERRY 69.69

5912 CS 6/5 LB G.M. BISQUICK 46.01

5932 CS 6/5 LB G.M. MUFFIN MIX,OATBRAN 54.73

5936 CS 6/5 LB G.M. MUFFIN MIX, LO-FAT VARIETY 54.73

5940 CS 6/5 LB G.M. MUFFIN MIX, VARIETY 52.68

6500 LVS WHITE BREAD *BD BG0001.99

6514 LVS WHEAT BREAD, 100% 1.35

6520 LVS RAISIN BREAD *BD BG0031.73

6530 LVS RYE BREAD *BD BG005 1.93

6532 LVS ****** PUMPERNICKEL BREAD 1.93

6536 CS 48/3.25 CIABATTA PANINI MULTIGRAIN 32.77

6540 CS 10/10ct TOUFAY PANINI BREAD 8" 23.76

6542 CS 12/10ct TANDOORI NAN 9" OVAL 23.87

6560 LVS OAT BRAN BREAD 1.93

6630 CS 10/12DZ SABRET HAMBURGER BUNS WITH SEEDS14.03

6632 PKG 1 DOZ. HAMBURGER BUN, WHEAT 3.75oz1.18

6642 PKG DOZEN WHEAT FRANK ROLLS 1.71

6710 LVS MULTI GRAIN BREAD 1.93

6720 PKG 1 DOZ. PITA BREAD *BD BG060 1.94

6722 CS 12/10ct ALLADI PITA BREAD 7"-GYRO PITA 17.28

6724 PKG 1 DOZ. WHEAT FLATBREADS 1.94

6726 PKG 1 DOZ. WHOLE WHEAT PITA BREAD 1.94

6750 PKG 1 DOZ. WHEAT ENGLISH MUFFINS 1.51

6800 CS 12/10 GRCIAN PITA BREAD FOLDS 7" 18.72

6802 CS 24/6 CT GRCIAN POCKET PITA 6" HOMESTYLE 18.26

6804 CS 12/6 CT ALADIN PITA POCKET 6" ALADDIN 8.87

6806 CS 12/6 CT ALADIN PITA POCKET WHEAT 6" 8.87

6820 CS 10/10ct GRCIAN PITA WRAP HONEY WHEAT 9" 28.93

6826 CS 12/10ct ALADIN PITA WHOLE WHEAT 7" 17.28

6828 CS 15 LB GRCIAN MEDITERRANEAN PITA CHIPS 20.79

7022 CS 12/32oz PARADI CAPERS NON PAREL 51.6

7023 *** 32 OZ PRDISE CAPERS NON PAREL 4.3

7070 CS 4/1 GAL GOLDS HORSERADISH,WHITE G 2605241.39

7071 *** 1/1 GAL GOLDS HORSERADISH,WHITE G 2605210.35

7076 CS 4/1 GAL GOLDS HORSERADISH,RED 41.39

7077 *** 1/1 GAL GOLDS HORSERADISH,RED 10.35

7078 CS 12/1 QT GOLDS HORSERADISH,WHITE 32.2

7079 *** 1/QT GOLDS HORSERADISH,WHITE 2.69

7088 CS 4/1 GAL SIROB GIARDENIERS 14.51

7090 CS 4/1 GAL PEPPERONCINI 13.71

7091 *** 1/1 GAL PEPPERONCINI - 1 GAL 3.43

7092 TUB 5 GAL PEPPERONCINI 16.39

7116 CS 4/1 GAL B & G HOT CHERRY PEPPERS SLICED 24.9

7117 *** 1 GAL B & G HOT CHERRY PEPPERS SLICED 6.22

7118 CS 4/1 GAL JALAPENO PEPPERS SLICED 15.04

7150 CS 1/200 S & P PC KETCHUP 2.8

7174 CS 1/500 S & P PC KETCHUP 5

Page 75: Executed Contract

7180 CS 1/M HEINZ PC KETCHUP 17.57

7186 CS 1/M HEINZ PC KETCHUP 9 GRAM 28.17

7188 CS 1/M HUNTS PC KETCHUP 9 GRAM POUCH 21.04

7190 CS 1/M S & P PC KETCHUP 9.85

7192 CS 12/24oz HUNTS KETCHUP SQUEEZE 24oz 14.84

7194 CS 1/3 GAL HEINZ KETCHUP VOL-PAK 16.04

7198 CS 24/14oz HEINZ KETCHUP BOTTLES 29.2

7204 CS 30/20oz HEINZ KETCHUP SQUEEZE, UPSIDEDOWN53.02

7206 CS 12/13.5 HUNTS KETCHUP-SQUEEZE PACK 15.17

7208 51 12/20oz HEINZ KETCHUP SQUEEZE UPSIDEDOWN21.9

7210 CS 6/10 HEINZ KETCHUP 26.15

7212 CS 6/7# HEINZ KETCHUP JUGS 29.54

7214 CS 2/1.5GL HEINZ KETCHUP DISPENSER 21.25

7216 CS 6/10 HUNTS CATSUP 20.69

7222 CS 6/10 KETCHUP (K) 16.77

7226 CS 6/10 G & S KETCHUP LOW SODIUM 17.68

7228 CS 6/10 KETCHUP (K) 13.87

7254 TUB 4 GAL UNITED PICKLE CHIPS 1/4" 14.91

7258 CS 4/1 GAL B & G PICKLE CHIPS 19.14

7270 CS 6/10 PICKLE CHIPS 22.51

7274 CS 6/10 HEINZ PICKLE CHIP DILL THICK 26.79

7284 CS 6/5KG ROLAND CORNICHONS, SMALL 47.73

7285 *** 1/5KG ROLAND CORNICHONS 7.96

7312 CS 4/1 GAL B & G KOSHER PICKLES 14/16CT 19.14

7340 CS 6/10 HEINZ SPEARS, KOSHER STYLE 30.65

7394 TUB 5 GAL UNITED PICKLE SPEARS 22.64

7444 CS 1/200 S & P PC SWEET RELISH 2.98

7456 CS 6/5 RELISH, SWEET RED PEPPER 38.31

7458 CS 4/1 GAL UNITED RELISH 17.87

7459 EA **GAL** RELISH 4.47

7506 CAN 1 LB ROSE L MUSTARD POWDER G 270281.6

7508 CS 6/1 LB SIROB MUSTARD POWDER 9.61

7538 CS 1/500 GULDEN PC MUSTARD GULDENS 18.66

7540 CS 12/12oz MUSTARD, SQUEEZE 15.21

7542 CS 60/1.5 HEINZ PC HONEY MUSTARD POUCH 14.21

7546 CS 1/200 HEINZ PC MUSTARD 1/5 OZ 6.19

7548 CS 1/200 S & P PC MUSTARD 2.2

7550 CS 1/200 NYC PC MUSTARD 1/5 OZ 2.3

7552 CS 1/500 HEINZ PC MUSTARD 1/3 OZ 9.52

7570 CS 1/500 PC MUSTARD 4.52

7574 CS 500 CT S & P PC MUSTARD 5.5 GRAM 5.38

7578 CS 200/IND S & P PC HONEY MUSTARD 4.15

7592 CS 6/8.8lb ESPRIT MUSTARD, SMOOTH DIJON 59.07

7593 EA 8.8 LB ESPRIT MUSTARD, SMOOTH DIJON 9.85

7594 CS 6/9.6lb RLND** MUSTARD, GRAIN DIJON 59.07

7595 *** 1/9.6LB ****** MUSTARD, GRAIN DIJON 9.85

7682 CS 4/1 GAL GULDEN MUSTARD,SPICY BROWN 26.7

Page 76: Executed Contract

7683 GAL 1 GAL GULDEN MUSTARD, SPICY BROWN 6.68

7684 CS 4/1 GAL VENTRA MUSTARD, PREPARED 14.28

7688 CS 4/1 GAL GOLDS MUSTARD DELI(U) 8.87

7689 *** 1/1 GAL GOLDS MUSTARD (U) G 25005 2.21

7690 CS 4/1 GAL MUSTARD, YELLOW SALAD (U) 9.25

7718 TUB 5 GAL BORBOR OLIVES MIXED 5 TYPE 49.45

7720 CS 4/1 GAL GREEN OLIVES, QUEEN 23.6

7721 *** 1 GAL GREEN OLIVES, QUEEN 5.9

7728 TUB 5 GAL BORBOR OLIVES KALAMATA GIANT 62.35

7730 CS 4/1 GAL OLIVES, PITTED QUEEN 25.75

7731 *** GAL OLIVES, PITTED QUEEN 6.44

7754 CS 4/1 GAL OLIVES STUFFED MANZANELLA 28.76

7755 *** 1/1 GAL MANZ OLIVES, GREEN STUFFED 7.19

7796 CS 6/10 PREMIU OLIVES MEDIUM PITTED 26.34

7798 CS 6/10 OLIVES SLICED 24.3

7830 TUB 5 GAL MEDITT OLIVES KALAMATA PITTED 59.66

7840 TUB 12 KG BOMBOR OLIVES, KALAMATA LARGE 41.93

7846 CS 24/5 OZ A 1 A-1 STEAK SAUCE 46.44

7852 CS 12/10oz A 1 A-1 STEAK SAUCE 41.93

7860 CS 12/18oz KRAFT BBQ SAUCE, HONEY 13.96

7864 CS 4/1 GAL ROSE L BAR-B-QUE SAUCE 15

7866 CS 4/1 GAL GOLDS BAR-B-QUE SAUCE 27.9

7868 CS 4/1 GAL HOME BAR-B-QUE SAUCE 13.06

7876 CS 4/1 GAL HEINZ BAR-B-QUE SAUCE 42.85

7882 CS 4/1 GAL OPEN P BAR-B-QUE SAUCE 40.61

7883 *** 1 GAL OPEN P BAR-B-QUE SAUCE 10.16

7884 CS 4/1 GAL KRAFT BULLSEYE BAR-B-QUE SAUCE 48.04

7902 EA 5 GAL OPEN P BAR-B-QUE SAUCE 46.68

7906 CS 1/200 S & P PC BAR-B-QUE SAUCE 4.25

7908 BTL QT ROSE LIQUID SMOKE SAUCES 1.61

7912 CS 4/64 OZ GRCIAN GYRO "TZATZIKI" SAUCE 21.88

7928 CS 6/23oz ROLAND SANREMO PESTO SAUCE 42.89

7964 CS 1/200 POCO PC COCKTAIL SAUCE 5.15

7966 CS 200 CT KRAFT PC COCKTAIL SAUCE CUPS 21.91

7968 CS 1/200 S & P PC COCKTAIL SAUCE 3.81

7970 CS 200 CT SAUER PC COCKTAIL SAUCE 5.41

8010 CS 24/6 OZ CRYSTL HOT SAUCE 10.21

8022 CS 4/1 GAL CRYSTL HOT SAUCE 12.36

8023 *** 1/1 GAL CRYSTL HOT SAUCE 3.1

8024 CS 4/1 GAL FRANKS HOT SAUCE, FRANKS 46.31

8025 GAL 1 GAL FRANKS HOT SAUCE 11.58

8058 CS 24/2 OZ MC ILH TABASCO SAUCE 27.68

8060 CS 12/5oz MC ILH TABASCO SAUCE 35.05

8064 CS 12/12oz CRYSTA HOT SAUCE 9.84

8068 CS 1/200 S & P PC HOT SAUCE 2.53

8070 CS 6/12 OZ MC ILH TABASCO SAUCE 33.59

8114 CS 4/1 GAL D.C. WORCHESTERSHIRE SAUCE-PENN22.32

Page 77: Executed Contract

8116 CS 4/1 GAL ROSE L WORCHESTERSHIRE SAUCE 8.49

8118 CS 4/1 GAL ROSE L WORCHESTERSHIRE SAUCE 9.41

8119 *** 1/1 GAL NUGGET WORCHESTERSHIRE SAUCE 2.35

8130 CS 4/1 GAL ADMIR VINEGAR,CIDER 6.83

8131 *** GAL ADMIR VINEGAR, CIDER 1.71

8132 CS 4/1 GAL WOEBER VINEGAR, CIDER 7.54

8134 CS 4/27oz ROLAND BALSAMIC GLAZE 32.14

8135 *** 27oz BTL ROLAND BALSAMIC GLAZE 8.04

8136 CS 2/5 XXXXXX VINEGAR BALSAMIC MODENA 22.36

8137 EA 5 LT ROLAND VINEGAR BALSAMIC MODENA 11.18

8138 CS 2/5 LT XXXXXX WHITE BALSAMIC VINEGAR 24.94

8140 CS 12/17oz VINEGAR,BALSAMIC 15.05

8144 CS 2/5 LTR ABRUZZ VINEGAR, BALSAMIC 13.98

8145 BTL 5 LTR ABRUZZ VINEGAR,BALSAMIC 6.99

8172 CS 4/1 GAL OASIS VINEGAR,WHITE KOSHER 5.59

8173 *** 1/1 GAL OASIS VINEGAR,WHITE KOSHER 1.4

8212 CS 12/20oz ROLAND VINEGAR,SEASONED RICE WINE 22.47

8213 *** 20oz JAR ROLAND VINEGAR,SEASONED RICE WINE 1.87

8214 CS 4/1 GAL OASIS VINEGAR,RED 6.72

8215 *** 1 GAL VINEGAR, RED 1.68

8218 CS 4/1 GAL KRINOS VINEGAR, RED WINE 7% 13.17

8219 *** GAL KRINOS VINEGAR, RED WINE 7% 3.29

8224 CS 4/5 Ltr XXXXXX VINEGAR, RED WINE 32.47

8230 CS 4/1 GAL ****** VINGEAR,MALT 11.29

8231 *** 1 GAL ADM*** VINEGAR,MALT 2.83

8274 CS 4/1 GAL ADMIRA SAUTERNE WINE WHITE 10.21

8276 CS 4/1 GAL JOLINA MARSALA 14.14

8277 *** 1-GAL JOLINA MARSALA 3.54

8304 CS 4/1 GAL ADMIRA SHERRY WINE 10.21

8306 CS 4/1 GAL ROLAND BURGUNDY WINE 19.35

8528 CS 6/10 LACHOY BEAN SPROUTS 30.02

8532 CS 6/10 LACHOY CHOP SUEY VEGETABLES 37.49

8558 CS 4/1 GAL D.C. SOY SAUCE - PENN 22.59

8572 CS 6/10 LACHOY CHINESE NOODLES 26.23

8610 CS 6/10 WATER CHESTNUTS SLICED 19.3

8620 CS 1/500 PC DUCK SAUCE 7.2

8622 CS 100/1oz S & P PC SWEET & SOUR SAUCE 5.2

8624 CS 4/1 GAL GOLDS DUCK SAUCE 24.19

8628 CS 6/64 OZ OYSTER SAUCE 28.22

8630 CS 6/5 PANCHI HOISIN SAUCE 24.81

8632 CS 4/1 GAL DUCK SAUCE (U) 16.39

8633 BTL 1-GAL DUCK SAUCE (U) 4.1

8650 CS 4/1 GAL ROSE L SOY SAUCE 8.22

8660 CS 1/500 PC SOY SAUCE 3.44

8662 CS 4/1 GAL ROSE L SOY SAUCE LOW SODIUM NYC 9.62

8664 CS 4/1 GAL ROSE L SOY SAUCE 9.41

8665 GAL 1 GAL ROSE L SOY SAUCE 2.35

Page 78: Executed Contract

8666 CS 6/64oz KIKO SOY SAUCE,LITE 37.72

8667 *** 64oz KIKO SOY SAUCE, LITE 6.29

8676 CS 6-1/2GL KIKO TERIYAKI GLAZE 42.98

8680 CS 4/1 GAL KIKO SOY SAUCE 39.76

8681 *** 1/1 GAL KIKO SOY SAUCE 9.94

8686 CS 4/1 GAL ROSE L TERIYAKI SAUCE 16.13

8698 CS 4/1 GAL KIKO TERIYAKI 40.82

8699 *** 1/1 GAL KIKO TERIYAKI 10.2

9008 CS 150 CT AUSTIN ANIMAL CRACKERS 150 CT 20.43

9010 CS 100 CT AUSTIN ANIMAL CRACKERS 11.74

9012 CS 175 CT KEEBLE SCRABBLE CHEEZ-IT 32.25

9020 CS 192 CT AUSTIN CHEESE ON CHEESE CRACKERS 21.41

9046 CS 12/13.3 KEEBLE VANILLA WAFER 25033 17.47

9054 CS 12/4.5oz QUAKER RICE CAKES PLAIN 21.55

9300 CS 150/2PK SESAME BREADSTICKS 8.65

9302 CS 500/2ct ZESTA SALTINE CRACKERS 11.14

9318 CS 60/1 OZ KEEBLE CHEEZ-ITS RED/CAL 15.65

9372 CS 96/.5oz G.M. FRUIT ROLLUP-STRAWBERRY 23.19

9374 CS 400 CT AUSOME FRUIT JUICE FLIPS 32.25

9380 CS 96/.75 G.M. FRUIT BY THE FOOT STRAWBRY 26.88

9384 CS 200/1oz FARLEY FRUIT FLAVOR SNACK 27.83

9386 CS 60/1.75 G.M. CHEX MIX, TRADITIONAL 21.93

9388 CS 96/.9oz G.M. FRUIT GUSHER STRAWBERRY R/S26.88

9390 CS 60/0.92 G.M CHEX MIX, CHEDDAR 21.38

9392 CS 60/1.25 G.M. CHEX MIX, BBQ 21.38

9394 CS 60/1.03 G.M CHEX MIX,CHOC CARMEL 21.38

9396 CS 60/0.92 G.M CHEX MIX, HOT & SPICY 21.38

9398 CS 60/1.2oz G.M CHEX MIX, SOUR CREAM/ONION21.38

9400 BOX 6 LB PASOVR COCONUT MACAROONS -KOSHER20.96

9402 BOX 6 LB PASOVR ALMOND MACAROONS -KOSHER20.96

9404 BOX 6 LB PASOVR CHOCOLATE MACAROONS-KOSHER20.96

9410 CS 12/10oz PASOVR COCONUT MACAROONS-CANS 51.6

9412 CS 12/10oz PASOVR ALMOND MACAROONS-CANS 51.6

9414 CS 12/10oz PASOVR CHOCOLATE MACAROONS-CANS51.6

9626 CS 300/2pc KEEBLE SALTINE CRACKERS 14.46

9688 CS 150/2PK PLAIN BREADSTICKS 8.65

9692 CS 10 LB KEEBLE CHOC. CHIP COOKIES 19.15

9694 CS 85/2oz FAMOUS OATMEAL RAISIN COOKIES 24.85

9696 CS 10 LB KEEBLE OATMEAL COOKIES 16.73

9698 CS 10 LB KEEBLE SUGAR COOKIES 16.73

9800 CS 24/5 NABISC LORNA DOONES #933 37.23

9804 CS 24/5 NABISC OREO #935 34.95

9810 CS 12/9.1 NABISC WHEAT THINS #162 31.52

9882 CS 200/2pk KEEBLE GRAHAM CRACKER 21.66

9884 CS 2 PK NABISC OATMEAL-RAISIN COOKIE 19.31

9886 CS 2 PK NABISC CHOCOLATE CHIP COOKIES 22.76

9888 CS 150/IND NABISC OYSTER CRACKERS #2096 15.37

Page 79: Executed Contract

9908 CS 120/4PK NABISC FIG NEWTOWNS #1682 40.39

9910 CS 24/2-PK LINDEN COOKIES, CHOCOLATE CHIP 6.53

9912 CS 24/2-PK LINDEN COOKIES, FUDGE CHIP 6.53

9914 CS 45/2oz LINDEN COOKIES, CHOCOLATE CHIPPER 16.25

9916 CS 45/2oz LINDEN COOKIES, BUTTER CRUNCHERS 16.25

9920 CS 120/4 NABISC LORNA DOONE #1683 22.37

9936 CS 120/4 NABISC OREOS #1692 31.24

9950 CS 72/1oz NABISC CRACKER, CHEESE NIP 100 CAL 28.93

9954 CS 72/1oz NABISC COOKIE, LORNA DOONE 100 CAL28.26

9958 CS 72/1oz NABISC COOKIE, OREO 100 CAL 28.26

9960 CS 72/1oz NABISC COOKIE, CHIPS AHOY 100 CAL 21.97

9962 CS 120/3 MURRAY ASSORTED COOKIES S/F 23357 43.84

9964 CS 25 LB NABISC OREO CRUMBS 80.46

9966 CS 48/PK NABISC OREOS #3742 21.48

9978 CS 48/1oz NABISC RITZ BITS CHEESE SANDWICH 19.48

9980 CS 4LB/12oz NABISC RITZ CRACKERS #142 20.51

9982 CS 300/2 NABISC RITZ CRACKERS #1658 26.09

9984 CS 8 LB NABISC GRAHAM CRACKERS #631 23.52

9990 CS 200/2 NABISC GRAHAM CRACKERS #1367 20.93

9992 CS 500/2PK NABISC UNSALTED CRACKERS #1661 16.65

10142 CS 300/2 KEEBLE UNSALTED CRACKERS 13.42

10148 CS 500/2PK NABISC SALTINE CRACKERS #1666 13.58

10196 CS 150/3PC KEEB HONEY GRAHAMS-FIBER 18.71

10198 CS 12/16OZ GRAHAM CRACKERS 19.57

10200 CS 150/PKG TEDDY ELFIN GRAHAMS CHOCOLATE 28.38

10202 CS 150/PKG TEDDY ELFIN GRAHAMS G NS012 28.38

10204 CS 150/3pc NABISC GRAHAM CRACKERS #1350 30

10206 CS 300/.9 PEPPER GIANT GOLDFISH GRAHAMS 41.47

10212 CS 300/.75 PEPPER CHEDDAR GOLDFISH 48.06

10228 CS 12/16oz UNSALTED CRACKERS 19.83

10240 CS 10 LB NABISC CHOCOLATE CHIP COOKIES 17.46

10242 CS 10 LB NABISC COOKIES,OATMEAL 15.27

10244 CS 10 LB NABISC SUGAR COOKIES 15.27

10246 CS 10 LB NABISC ASSORTED COOKIES 21.5

10256 CS 72/1oz NABISC VANILLA WAFER COOKIES 22.1

10304 CS 125/1.4 QUAKER OATMEAL BAR, RAISIN 28.33

10306 CS 125/1.4 QUAKER OATMEAL BAR,BROWN SUGAR 28.33

10370 CS 10 LB CHOC CHIP COOKIES PARVE 15.05

10372 CS 10 LB OATMEAL COOKIES PARVE 15.05

10374 CS 10 LB VANILLA COOKIES PARVE 15.05

10394 CS 5 LB/BX S/L #535 DIET OAT.RAISIN 14.03

10422 CS 12/16oz BACO BITS 18.28

10432 CS 4/2.25oz ROTHBU CROUTONS SEASONED,ROTHBURY16.52

10448 CS 6/10 ADLER SOUP DUMPLINGS 72 CT. 73.64

10452 CS 25 # MATZOH BALL MIX 51.6

10460 CS 30/1 LB PLAIN (K) MATZOH PASSOVER 41.39

10462 CS 24/11oz DANNEB EGG MATZOH (K) PASSOVER 65.58

Page 80: Executed Contract

10480 BAG 25 LB PASOVR MATZOH MEAL 27.68

10482 BAG 25 LB PASOVR MATZOH FARFEL 32.41

11006 CS 72/4 OZ KNOUSE APPLESAUCE CUPS UNSWEETEN 17.52

11008 CS 6/10 PENN APPLESAUCE UNSWEETEND 24.35

11012 CS 6/10 APPSNX APPLESAUCE UNSWEETEND 21.5

11016 CS 6/10 PACKER APPLESAUCE IN JUICE 19.35

11018 CS 72/4 OZ APPLESAUCE CUPS UNSWEETEN 15.05

11020 CS 12/24oz APPLESAUCE JARS 20.73

11024 CS 72/4 OZ MOTTS APPLESAUCE CUPS MANGO/PEACH21.79

11026 CS 6/10 KOSHER APRICOT HALVES,DIET 28.54

11030 CS 72/4 OZ MOTTS APPLESAUCE CUPS CINNAMON 20.7

11032 CS 72/4oz MUSSEL APPLESAUCE WITH SPLENDA 18.19

11034 CS 72/4 OZ MOTTS APPLESAUCE CUPS ORGINAL 20.7

11038 CS 6/48oz MOTTS APPLESAUCE JARS 48OZ 14.73

11042 CS 6/10 FRUIT CKTL, DIET IN JUICE 27.95

11044 CS 6/10 CALIF FRUIT COCKTAIL IN JUICE 36.07

11046 CS 6/10 FRUIT MIX, JUICE 29.72

11048 CS 6/10 FRUIT MIX, JUICE 27.47

11050 CS 6/10 CALIF FRUIT MIX, JUICE 35.64

11052 CS 6/10 CALIF FRUIT MIX, LITE SYRUP 24.19

11058 CS 6/10 PEACHES SLICED, JUICE 27.47

11060 CS 6/10 PEACHES, DICED JUICE 25.32

11062 CS 6/10 CALIF PEACH HALVES,JUICE 26.88

11070 CS 6/10 PEACHES, DICED IN JUICE 26.77

11072 CS 24/303 PEACHES, SLICED IN JUICE 18.17

11074 CS 6/10 PREMIU PEAR HALVES,DIET NAT.JUICE 24.89

11080 CS 6/10 CALIF PEARS SLICED L/S 29.56

11088 CS 6/10 P.Q. PEARS DICED IN JUICE 23.17

11090 CS 24/15oz SLICED PEARS, JUICE 15.59

11100 CS 12/15oz R&W GREEN BEANS 8.03

11104 CS 24/300 MIXED VEGETABLES 12.52

11108 CS 12/15oz ALLEN OKRA, CUT 11.34

11120 CS 24/15oz GOYA BLACK BEANS 18.38

11122 CS 24/300 CORN 10.43

11124 CS 24/15oz GOYA BLACKEYE PEAS 17.47

11126 CS 24/15oz GOYA BUTTER BEANS 20.1

11132 CS 24/15oz GOYA CHIC PEAS 18.38

11134 CS 24/15oz GOYA KIDNEY BEANS 24.24

11142 CS 24/15oz GOYA PIGEON PEAS 24.94

11144 CS 24/15.5 GOYA ROMAN BEANS 15.48

11146 CS 24/15.5 GOYA DOMINICAN BEANS 15.96

12012 CS IND. KELLOG CORN FLAKES 22.95

12024 CS IND. KELLOG RICE KRISPIES 22.95

12028 CS IND. KELLOG BRAN FLAKES,COMPLETE 25.36

12032 CS IND. KELLOG RAISIN BRAN 24.46

12036 CS IND. KELLOG CORN POPS 24.63

12052 CS IND. KELLOG FROSTED FLAKES 24.46

Page 81: Executed Contract

12056 CS IND. KELLOG SPECIAL K 25.36

12060 CS IND. KELLOG FROOT LOOPS 24.63

12092 CS IND. KELLOG ASSORTED CEREAL 30.05

12102 CS 96/BOWL KELLOG HEART TO HEART KASHI 26.9

12104 CS 96/BOWL KELLOG FROSTED FLAKES RED/SUGAR 24.83

12106 CS 96/BOWL KELLOG FROOT LOOPS 1/3 LESS SUGAR 24.83

12110 CS 96/BOWL KELLOG CORN FLAKES CEREAL 34.06

12112 CS 60/1.5 KELLOG CEREAL, ASSORTED CUP 52.77

12114 CS 96/BOWL KELLOG CHOCOLATE MINI BITES 24.83

12120 CS 96/BOWL KELLOG APPLE JACKS 1/3 LESS SUGAR 24.83

12122 CS 96/BOWL KELLOG RICE KRISPIES CEREAL 24.83

12124 CS 96/BOWL KELLOG CRISPIX (CORN/RICE) 24.83

12130 CS 96/BOWL KELLOG RAISIN BRAN CEREAL 24.83

12134 CS 96/BOWL KELLOG CORN POPS 24.83

12138 CS 96/BOWL KELLOG COCOA KRISPIES 24.83

12148 CS 96/BOWL KELLOG FROST SHRED MINI WHEAT 24.83

12150 CS 96/BOWL KELLOG SPECIAL K CEREAL 24.83

12180 CS 10/18oz G.M. CHEERIOS 43.11

12184 CS 12/10.9 G.M. WHEATIES 36.77

12214 CS 12oz KELLOG RICE KRISPIES 50.57

12236 CS 12/13.7 KELLOG RAISIN BRAN 38.83

12240 CS 10/18.3 KELLOG ALL BRAN 36.12

12360 CS 120/1oz G.M. GRANOLA BARS VARIETY 32.82

12364 CS 144/.74 NATVAL OATS & HONEY GRANOLA BARS 29.54

12366 CS 12/10 CT SHOP R GRANOLA BARS CHOC/CHIP 20.36

12368 CS 144 CT BCROCK BUTTERSCOTCH OATMEAL BAR 42.73

12374 CS 70/IND G.M. CHEERIOS 30.78

12394 CS 70/IND G.M. TOTAL CEREAL 30.78

12410 CS 96/BOWL G.M. HONEY KIX 33.86

12412 CS 4/25 OZ G.M. KIX G/F 34.3

12420 CS 96/BOWL G.M. RICE CHEX G/F 34.88

12422 CS 4/33 OZ G.M. RICE CHEX 38.68

12432 CS 96/BOWL G.M. APPLE-CINN. CHEERIOS 34.88

12434 CS 96/BOWL G.M. GOLDEN GRAHAMS 34.88

12436 CS 96/BOWL G.M. HONEY NUT CHEERIOS 34.88

12438 CS 96/BOWL G.M. TOTAL CEREAL 34.88

12442 CS 96/BOWL G.M. CHEERIOS CEREAL 34.88

12444 CS 96/BOWL G.M. BERRY BERRY KIX 34.88

12446 CS 96/BOWL G.M. KIX (CORN PUFF) 34.88

12448 CS 96/BOWL G.M. COCOA PUFFS REDUCED SUGAR 34.88

12450 CS 96/BOWL G.M. WHEATIES 34.88

12458 CS 96/PCH G.M. CINN TOAST CRUNCH COTG 1oz29.59

12462 CS 96/BOWL G.M. LUCKY CHARMS 34.88

12466 CS 100/1oz G.M. CINN TOAST CRISPS POUCHES 29.59

12468 CS 96/PCH G.M. GOLDEN GRAHAM COTG 1oz 29.59

12472 CS 96/BOWL G.M. TOTAL RAISIN BRAN 34.88

12474 CS 96/BOWL G.M. FROSTED CHEERIOS 34.88

Page 82: Executed Contract

12478 CS 96/BOWL G.M. TRIX RED SUGAR CEREAL 34.88

12480 CS 96/BOWL G.M. CINNAMON TOAST RED SUGAR 34.88

12482 CS 96/BOWL G.M. FRUITY CHEERIOS 34.88

12484 CS 96/BOWL G.M. MULTIGRAIN CHEERIOS 34.88

12486 CS 96/BOWL G.M. HONEY NUT CHEX GLUTEN FREE 34.88

12488 CS 96/1.42 G.M. CINN/TOAST CRUNCH BAR 28.49

12490 CS 96/CT KELLOG APPLE/CINN KRISPY CEREAL BAR27.2

12492 CS 96/CT KELLOG COCOA KRISPIE CEREAL BAR 27.2

12494 CS 150/CT KELLOG GRIPZ CINNAMON GRAHAMS 33.6

12496 CS 96/1.42 G.M. FRUITY CHEERIO CEREAL BAR 28.49

12498 CS 96/CT KELLOG BERRY CHEWY CEREAL BAR 27.2

12502 CS 96/1.42 G.M. TEAM CHEERIO CEREAL BAR 28.49

12668 CS 96/BOWL HOSP BRAN FLAKES 16.13

12672 CS 96/BOWL HOSP COCOA MUNCHEES 16.13

12674 CS 96/BOWL HOSP FROSTED FLAKES 16.13

12678 CS 96/BOWL HOSP FRUIT WHIRLS 16.13

12680 CS 96/BOWL HOSP CORN FLAKES 16.13

12682 CS 96/BOWL HOSP KRISPY RICE 16.13

12684 CS 96/BOWL HOSP RAISIN BRAN 17.2

12686 CS 96/BOWL HOSP TOASTY O's 16.13

12688 CS 96/BOWL HOSP APPLE CINNAMON OATS 76197 16.13

12692 CS 4/35oz HOSP CRISP RICE 76242 14.57

12694 CS 4/35oz GOLDEN CORN FLAKES 9.6

12696 CS 4/35oz HOSP CORN FLAKES 76240 12.47

12704 CS 96/BOWL KASHI HONEY SUNSHINE, KASHI 37.15

12858 CS 48/1.3 KELLOG NUTRI-GRAIN,BLUEBERRY 18.29

12860 CS 48/1.3 KELLOG NUTRI-GRAIN,APPLE 35645 18.29

12864 CS 48/1.3 KELLOG NUTRI-GRAIN,RASPBERRY 18.29

12866 CS 48/1.3 KELLOG NUTRI GRAIN,STRAWBERRY 18.29

12868 CS 48/1.3 KELLOG NUTRI GRAIN,VARIETY PACK 13.95

12872 CS 48 CT KELLOG NU-GRN YOGURT BARS STRAWBRY18.29

12874 CS 96/1.55 KELLOG NUTRI-GRN APPLE CINN 1ozGRN28.9

12876 CS 96/1.55 KELLOG NUTRI-GRN,STRAWB'RY 1oz GRN28.9

12882 CS 210 CNT KELLOG SCOOBY-DOO GRAHAM STIX 44.95

12888 CS 100/1.8 KELLOG CRUNCHMANIA CINN BUN SNACK37.99

13000 CS 4/20 CT KELLOG RICE KRISPIE TREAT SQUARE 32.99

13012 CS 12/14.7 KELLOG POPTART, BROWN SUGAR 3010426.19

13014 CS 12/14.7 KELLOG POPTART, BLUEBERRY 30004 26.19

13020 CS 120/1ct KELLOG POPTART,STRAWBRY WHOLE GRAIN37.41

13022 CS 72/2 CT KELLOG POPTART,BROWN SUGAR 3113232.01

13024 CS 72/2 CT KELLOG POPTART,STRAWBERRY 31732 32.01

13026 CS 72/2 CT KELLOG POPTART,BLUEBERRY 31032 32.01

13030 CS 72/2 CT KELLOG POPTART,CHOCOLATE CHIP 32.01

13032 CS 72/2 CT KELLOG POPTART,SMORES 32.01

13034 CS 72/2 CT KELLOG POPTART, HOT FUDGE 32.01

13036 CS 72/2 CT KELLOG POPTART,WHOLE GRN FROST CINN38.7

13038 CS 72/2 CT KELLOG POPTART,WHOLE GRN STRAWBERRY38.7

Page 83: Executed Contract

13040 CS 210/1.1 KEEBLE BUG BITES GRAHAM SNACKS 44.95

13048 CS 12/14.7 KELLOG POPTART,STRAWBERRY UNFROST26.19

13052 CS 80/1.83 KELLOG POPTART, STRAWBERRY SINGLE 21.72

13056 CS 600 CT KELLOG MINI RICE KRISPY TREATS 80.07

13058 CS 44 CT GREEN JUMP-STARTS APPLE JACKS 36.89

13060 CS 44 CT RED JUMP-STARTS FROOT LOOPS 36.89

13062 CS 44 CT BLUE JUMP-STARTS FROSTED FLAKES 36.89

13072 CS 72/CASE G.M. BRKFSTBRK CIN TST RED SUG 55.73

13074 CS 72/CASE GM BREAKFAST BREAK FROST FLAKE 55.58

13080 CS 120/1ct KELLOG BRWN SUGAR CINN (W.G)POPTART37.41

13088 CS 72/CASE G.M. BRKFSTBRK TRIX REDUCE SUGAR55.73

13090 CS 72/CASE G.M. BREAFAST BREAK GOLDEN GRHM55.58

13092 CS 44 CT KELLOG JUMP START EXP HEART TO HEART36.89

13094 CS 12/6 CT KELLOG SPECIAL K-BAR CHOCOLY DRIZZLE29.46

13096 CS 12/6 CT KELLOG SPECIAL K-BAR VANILLA CRISP 29.46

13106 CS 4/35oz HOSP CORN PUFFS 76256 15.37

13110 CS 4/35oz HOSP FROSTED FLAKES 14.78

13118 CS 4/35oz HOSP RAISIN BRAN 16.39

13120 CS 4/35oz HOSP TOASTED OATS 76244 12.85

13122 CS 4/35oz HOSP FRUIT WHIRLS 16.07

13130 CS 20 LBS HOSP BRAN FLAKES 22.15

13132 CS 20 LBS HOSP CORN FLAKES 21.98

13134 CS 20 LBS HOSP CRISPY RICE 25.96

13136 CS 20 LBS HOSP TASTY - O 23.97

13142 CS 20 LBS HOSP CORN FLAKES (FEDERATION) 21.77

13144 CS 20 LBS HOSP CRISPY RICE (FEDERATION) 25.75

13146 CS 20 LBS HOSP TASTY - O (FEDERATION) 23.76

13148 CS 20 LBS HOSP BRAN FLAKES (FEDERATION) 21.93

13512 CS 13 OZ WOLFFS GROATS,BUCKWHEAT MEDIUM 16.66

13584 CS 12/28oz MAYPO CREAM OF RICE CEREAL 20.48

13604 CS 12/28oz MAYPO CREAM OF WHEAT CEREAL 14.08

13654 BAG 50 LB MAYPO GRITS,QUICK WHITE 26.89

13680 CS 64/IND QUAKER OATMEAL,INST. VARIETY PAK 15.51

13682 CS 12/48oz DIAMND OATMEAL,OLD FASHIONED 19.89

13694 CS 12/42oz QUAKER OATMEAL,QUICK 32.54

13696 CS 12/12 SHOP R OATMEAL, INSTANT VARIETY 16.25

13700 CS 12/18 PHOEBE OATMEAL 12.74

13702 CS 48/1 OZ MAYPO OATMEAL, GOOD & HEARTY INSTANT7.15

13706 CS 144/IND STURM OATMEAL,INSTANT 12/12 PKG 19.65

13738 BAG 12/12oz ROLAND QUINOA 59.45

13752 CS 4/11 LB ROLAND COUSCOUS 58.91

13753 BAG 11 LB ROLAND COUSCOUS 14.73

13754 CS 12/48oz DIAMND OATMEAL,QUICK 19.89

13756 CS 20/17.5 ROLAND COUSCOUS SEMOLINA WHT 36.44

13760 CS 6/5 LB PHOEBE FARINA CEREAL 18.22

13764 CS 12/28oz PHOEBE FARINA CEREAL 15

13768 CS 24/24oz PHOEBE GRITS,HOMINY *G 20011 26.88

Page 84: Executed Contract

13772 CS 8/42 OZ PHOEBE OATMEAL,QUICK 15

13774 CS 12/24oz MAYPO GRITS, HOMINY NYC 13.65

13780 CS 8/42 LB PHOEBE WHOLE WHEAT CEREAL 16.02

13800 BAG 50 LB DIAMND OATMEAL CEREAL 21.77

15026 CS 12/52 HEINZ BEAN W/BACON SOUP 34.85

15038 CS 12/52 HEINZ BEEF NOODLE SOUP 47.06

15056 CS 12/7oz CAMPBL CHICKEN NOODLE SOUP LO/SOD20.64

15058 CS 12/7oz CAMPBL TOMATO SOUP LO/SOD 19.35

15060 CS 12/7oz CAMPBL VEGETABLE SOUP LO/SOD 20.12

15072 CS 12/51 HEINZ CHICKEN NOODLE SOUP 28.67

15086 CS 12/52 HEINZ CHICKEN RICE SOUP 37.06

15104 CS 12/52 HEINZ CHICKEN VEGETABLE SOUP 38.17

15112 CS 12/52 HEINZ MANHATTAN CLAM CHOWDER 44.16

15134 CS 12/52 HEINZ N.E. CLAM CHOWDER SOUP 46.75

15164 CS 12/52 HEINZ CREAM OF ASPARAGUS SOUP 41.95

15166 CS 12/52 HEINZ CREAM OF BROCCOLI SOUP 42.49

15176 CS 12/52 HEINZ CREAM OF CELERY SOUP 30.82

15188 CS 12/52 HEINZ CREAM OF CHICKEN SOUP 33.97

15212 CS 12/52 HEINZ CREAM OF MUSHROOM SOUP 33.67

15214 CS 12/52 HEINZ CREAM OF POTATO SOUP 36.03

15218 CS 12/52 HEINZ FRENCH ONION SOUP 45.42

15220 CS 12/50 VENICE LOBSTER BISQUE SOUP 43

15222 CS 12/50 VENICE CREAM OF CHICKEN SOUP 25.59

15224 CS 12/50 VENICE CREAM OF MUSHROOM SOUP 26.61

15230 CS 12/52 HEINZ MINESTRONE SOUP 38.17

15270 CS 12/51 HEINZ TOMATO SOUP 25.28

15296 CS 12/52 HEINZ VEGETABLE SOUP 35.63

15308 CS 12/52 HEINZ VEGETABLE BEEF SOUP 48.92

15326 CS 12/52 HEINZ VEG. VEGETABLE SOUP 35.7

15660 CS 12/2.3oz GEFEN SOUP CHICKEN NDLE BOWL NO MSG8.87

15662 CS 12/2.3oz GEFEN SOUP TOMATO BEEF NDLE BOWL9.41

15664 CS 12/2.3oz GEFEN SOUP VEGETABLE NDLE BOWL 8.87

15670 CS 12/24 GOLDS BORSCHT 14.24

15702 CS 12/50oz COL IN CHICKEN BROTH COLLEGE INN 25.93

15704 CS 12/50oz HEINZ CHICKEN BROTH 21.64

15706 CS 24/15 CHICKEN BROTH 23.17

15710 CS 12/50oz COL IN BEEF BROTH COLLEGE INN 25.93

17010 BTL QT ROSE L FOOD COLOR,BLUE 1.4

17016 BTL QT ROSE L FOOD COLOR,YELLOW-EGG 1.08

17022 BTL GAL ROSE L FOOD COLOR,YELLOW-EGG 3.12

17052 BTL QT ROSE L FOOD COLOR,RED 1.18

17110 BTL QT ROSE L EXTRACT,IMITATION ALMOND 1.08

17148 BTL QT ROSE L EXTRACT,IMITATION LEMON 1.08

17214 CS 12/1 QT GRAVY GRAVY MASTER 90.81

17215 *** 1/1 QT GRAVY GRAVY MASTER 7.57

17220 CS 4/1 GAL GRAVY GRAVY MASTER 112.84

17221 *** 1/1 GAL GRAVY GRAVY MASTER 28.21

Page 85: Executed Contract

17226 CS 12/1 QT KITCHN KITCHEN BOUQUET 80.63

17227 *** 1/1 QT KITCHN KITCHEN BOUQUET G 250156.72

17228 CS 4/1 GAL KITCHN KITCHEN BOUQUET 100.1

17229 *** 1/1 GAL KITCHN KITCHEN BOUQUET 25.03

17238 CS 6/27 OZ MAGGI MAGGI SEASONING 36.75

17239 *** 1/27 OZ MAGGI MAGGI SEASONING 6.13

17262 BTL QT ROSE L EXTRACT, VANILLA 0.91

17268 BTL GAL ROSE L EXTRACT,IMITATION VANILLA 2.15

17296 CS 4/1 GAL GEL EXTRACT, IMITATION VANILLA 11.48

18020 CS 24/28oz ANCHOVIES IN SOY OIL 177.38

18021 *** 1/28 OZ AMBIAN ANCHOVIES IN SOY OIL 7.4

18060 CS 12/46oz CLAM JUICE 16.93

18080 CS 12/51oz CLAMS, CHOPPED 65.31

18088 CS 12/24oz ADLER GEFILTE FISH (REG.) 44.61

18120 CS 6/10 ADLER GEFILTE FISH-28 PIECES 60.74

18214 CS 24/14oz HONBOY SALMON PINK (U) 66.22

18220 CS 6/4 LB BAY BT SALMON PINK (OU) 87.91

18246 CS 24/7.5 BUMBLE SALMON, PINK 41.66

18270 CS 4/25IND PACKER SARDINES BONELESS 98.69

18271 *** 1/25IND SARDINES BONELESS *G 1302024.67

18274 BOX 10/4.3 ROLAND SARDINES SKINLESS&BONELESS 12.07

18368 CS 24/12oz BUMBLE TUNA SOLID WHITE IN WATER 80.79

18370 CS 48/3 OZ BUMBLE TUNA SOLID WHITE WATER 52.8

18372 CS 48/5oz BUMBLE TUNA SOLID WHITE IN WATER 72.03

18374 CS 12/12oz TUNA SOLID WHITE IN WATER 41.01

18376 CS 24/12oz BUMBLE CHUNK LIGHT TUNA 57.6

18378 CS 24/5 oz BUMBLE CHUNK WHITE TUNA IN WATER 30.73

18440 CS 48/5 oz BUMBLE TUNA CHUNK LITE IN WATER 45.84

18442 CS 6/3 kg ****** TUNA, POUCH 24.25

18450 CS 12/10oz BUMBLE CLAMS, WHOLE BABY 21.45

18520 CS 12/5oz TUNA, CHUNK-LITE FOIL PAK 14.86

18542 CS 6/66.5 TUNA TONGOL 59.61

18550 CS 6/66.5 TUNA SOLID WHITE 77.02

18562 CS 6/66.5 TUNA CHUNK WHITE KOSHER 75.79

18570 CS 6/66.5 TUNA CHUNK WHITE *G 1303265.2

18590 CS 6/66.5 TUNA CHUNK LITE 51.49

18592 CS 6/66.5 TUNA CHUNK LITE KOSHER 55.52

18596 CS 6/66.5 RUBY TUNA SOLID WHITE 88.63

21054 CS 6/10 PENN APPLES, SLICED 26.5

21058 CS 6/10 APPLES, SLICED 24.62

21070 CS 6/10 APPSNX APPLESAUCE,SWEETENED 25.53

21086 CS 8/64 OZ MOTTS APPLE JUICE 21.9

21088 CS 8/64 OZ PACKER APPLE JUICE 12.69

21106 CS 24/4oz DOLE MANDARIN ORANGE BOWLS 14.3

21108 CS 36/4 OZ DOLE MANDARIN ORANGE BOWLS 19.1

21140 CS 6/10 PRMIUM APRICOT HALVES IN L/S 33.06

21210 CS 4/1 GAL PARADI CHERRIES,NO-STEM MARASCHINO38.7

Page 86: Executed Contract

21211 *** 1/1 GAL PARADI CHERRIES,NO-STEM MARACHIN 9.68

21220 CS 4/1 GAL PARADI CHERRIES,HALVES MARASCHINO39.78

21221 *** 1/1 GAL PARADI CHERRIES,HALVES MARACHINO 9.94

21240 CS 4/1 GAL PARADI CHERRIES,W/STEM MARASCHINO40.31

21241 *** 1/1 GAL PARADI CHERRIES,W/STEM MARACHINO10.08

21250 CS 6/10 CHERRIES,DARK SWEET PITTED 68.26

21270 CS 1/200 PC CRANBERRY SAUCE CUPS 9.43

21280 CS 24/1 CRANBERRY SAUCE,JELLIED 24.62

21320 CS 6/10 CRANBERRY SAUCE 29.03

21324 CS 25 LB CRANBERRIES DRY 53.48

21370 CS 6/10 FRUIT COCKTAIL L/S 29.03

21372 CS 6/10 CALIF FRUIT COCKTAIL L/S 35.64

21400 CS 6/10 FRUIT MIX LITE SYRUP 27.47

21440 CS 6/10 TROPICAL FRUIT 24.08

21470 CS 12/5 PREMIU GRAPEFRUIT SECTIONS 27.41

21532 CS 6/10 PREMIU MANDARIN ORANGES 16.66

21534 CS 6/10 PREMIU MANDARIN ORANGES WHOLE 16.66

21570 CS 12/29oz KRASD PEACH HALVES 20.69

21620 CS 6/10 PREMIU PEACH HALVES L/S 26.88

21650 CS 6/10 PREMIU PEACHES SLICED L/S 23.54

21660 CS 6/10 CALIF PEACHES SLICED, JUICE 32.41

21662 CS 6/10 CALIF PEACHES DICED IN JUICE 32.41

21664 CS 6/10 CALIF PEACHES SLICED LITE SYRUP 32.52

21670 CS 6/10 PREMIU PEACHES DICED L/S 22.09

21672 CS 24/29oz ****** PEAR HALVES D.M. 47.62

21700 CS 6/10 PREM PEAR HALVES L/S 24.08

21702 CS 6/10 CALIF PEAR HALVES LITE SYRUP 26.88

21740 CS 6/10 PEARS SLICED L/S 24.24

21742 CS 6/10 PEARS SLICED,JUICE 23.54

21744 CS 6/10 CALIF PEARS SLICED,JUICE 26.88

21752 CS 6/10 PEARS DICED IN JUICE 24.62

21756 CS 6/10 PEARS DICED LITE SYRUP 22.09

21790 CS 12/20oz D.M. PINEAPPLE SLICED 16.34

21796 CS 12/29oz D.M. FRUIT COCKTAIL LITE 23.25

21800 CS 6/10 PINEAPPLE CHUNKS 19.94

21820 CS 6/10 PREMIU PINEAPPLE CRUSHED IN JUICE 18.17

21850 CS 6/10 PINEAPPLE SLICED 21.02

21870 CS 6/10 PREMIU PINEAPPLE TIDBITS 18.17

21940 CS 6/10 SUNSWT PRUNES,PITTED 62.59

22110 CS 5 LB BAZZIN CRAISINS (DRIED CRANBERRIES 13.44

22116 BOX 25 LB PRUNES, PITTED 40.31

22132 CS 144/1.5 D.M. RAISINS, SEEDLESS 29.91

22138 CS 24/15oz RAISINS, SEEDLESS 41.51

22146 CS 30 LB LION RAISINS, DRIED 42.68

22154 CS 30 LB RAISINS, GOLDEN 59.06

22264 CS 6/4 LB POLANR GRAPE JELLY 24.08

22265 *** 4LB JAR POLANR GRAPE JELLY 3.91

Page 87: Executed Contract

22270 CS 6/4 LB POLANR STRAWBERRY PRESERVES 38.18

22271 *** 4 LB ATLAS STRAWBERRY PRESERVES 6.36

22276 CS 6/10 FLAVOR KOSHER GRAPE JELLY 38.58

22278 CS 6/48oz WELCHS GRAPE JELLY 18.64

23026 CS 6/10 APPLE JELLY 33.33

23080 CS 12/12oz SMUCKR GRAPE JELLY, DIET 20.96

23120 CS 6/10 GRAPE JELLY 33.92

23302 CS 6/5 LB SONNY PEANUT BUTTER 29.56

23314 CS 35# PL STRAT PEANUT BUTTER 44.88

23316 CS 8/40oz SKIPPY PEANUT BUTTER 48.22

23320 CS 200/.75 SAUER PC PEANUT BUTTER .75oz 25.18

23326 CS 72/1.75 HEINZ PC PEANUT BUTTER 1.75oz 38.1

23328 CS 72/1.75 POCO PC PEANUT BUTTER 1.75oz 19.48

23330 CS 200/2oz SUNSHI PC PEANUTBUTTER SQUEEZE 2oz41.39

23336 CS 200/.75 POCO PC PEANUT BUTTER 13.89

23338 CS 200/.5oz POCO PC PEANUT BUTTER SQUEEZE 13.52

24012 CS 18/2.50 D.CRYS GELATIN,DIET ORANGE 28.69

24016 CS 18/2.50 D.CRYS GELATIN, DIET STRAWBERRY 28.69

24036 CS 12 CT GELATIN,ASST CITRUS 20.59

24040 CS 12 CT GELATIN,ASST RED 20.59

24044 CS 12/24oz GELATIN,CHERRY 22.63

24048 CS 12/24oz GELATIN,LEMON 22.63

24052 CS 12/24oz GELATIN,LIME 22.63

24054 CS 12/24oz HOSPIT GELATIN, LIME 23.11

24056 CS 12/24oz GELATIN,ORANGE 22.63

24058 CS 12/24oz HOSPIT GELATIN, ORANGE 23.11

24060 CS 12/24oz GELATIN,RASPBERRY 22.81

24062 CS 12/24oz HOSPIT GELATIN, STRAWBERRY 23.11

24064 CS 12/24oz GELATIN,STRAWBERRY 22.63

24130 CS 12/16oz KNOX GELATIN,UNFLAVORED PLAIN 99.13

24131 *** 16oz KNOX GELATIN,UNFLAVORED PLAIN 8.26

24132 BOX 1 LB GELATIN SHEETS CLEAR 21.23

24224 CS 24/4 CUP D.M. MIXED FRUIT CUPS, PLASTIC 14.84

24226 CS 48/4 OZ PCP MIXED FRUIT BOWL 20.05

24228 CS 48/4 OZ D.M. MIXED FRUIT CUP 25.8

24230 CS 36/4 OZ DOLE MIXED FRUIT BOWL 19.1

24360 CS 12/1 LB D.C. WHIPPED TOPPING MIX 23.12

24376 CS 24/4oz DOLE PEACH CUPS, PLASTIC 12.79

24378 CS 48/4oz D.M. PEACH CUPS 25.8

24382 CS 48 CT JELLO PUDDING,CHOCOLATE SNAKPAK8.9

24384 CS 48 CT JELLO FAT FREE CHOC PUDDING CUP 8.9

24386 CS 36/4oz DOLE PINE TIDBITS CUPS 19.1

24388 CS 48 CT JELLO PUDDING,VANILLA SNACKPAK 8.9

24390 CS 48 CT JELLO VANILLA PUDDING SUGAR FREE 8.9

24392 CS 48/4 oz JELLO PUDDING,TAPIOCA SNACKPAK 8.9

24394 CS 48 CT JELLO STRAWBERRY JELLO CUP 8.9

24396 CS 48 CT HANDY PUDDING,BUTTERSCOTCH SNKP 8.9

Page 88: Executed Contract

24398 CS 48/4 oz JELLO PUDDING,BUTTERSCOTCH JELLO8.9

24404 CS 48 CT AFP VANILLA PUDDING CUPS 9.18

24406 CS 48 CT HUNTS BUTTERSCOTH PUDDING 11.18

24408 CS 48 CT HUNTS CHOCOLATE PUDDING CUP 11.18

24410 CS 12/28 NYSID RICE PUDDING MIX 40.82

24412 CS 6/1.75LB NYSID INST VANILLA PUDDING 21.39

24464 CS 25 LBS G.M.L. PUDDING MIX, BUTTERSCOTCH 24.89

24466 CS 25 LBS PQ PUDDING MIX, VANILLA 24.94

24468 CS 25 LBS G.M.L. PUDDING MIX, CHOCOLATE 28.49

24470 CS 25 LBS B.BOWL PUDDING MIX, VANILLA 90.3

24472 CS 25 LBS G.M.L. PUDDING MIX, LEMON 26.66

24550 CS 12/28 OZ NYSID BREAD PUDDING MIX 32.84

24552 CS 6/1.75LB NYSID INST CHOCOLATE PUDDING 21.39

24556 CS 12/24oz DIAMND PUDDING,VANILLA INSTANT 22.4

24558 CS 12/24oz DIAMND PUDDING,CHOCOLATE INSTANT 23.59

24560 CS 12/24oz DIAMND PUDDING,BUTTERSCOTCH INST(K23.59

24602 CS 6/10 THANK PUDDING,BUTTERSCOTCH ZTF (K21.02

24604 CS 6/10 THANK PUDDING,BANANA ZTF (K) 21.04

24606 CS 6/10 THANK PUDDING,CHOCOLATE (K) 25.84

24610 CS 6/10 THANK PUDDING,LEMON (K) 23.5

24614 CS 6/10 THANK PUDDING,RICE RTS (K) 26.61

24618 CS 6/10 THANK PUDDING,VANILLA RTS (K) 25.84

24622 CS 6/10 THANK PUDDING,TAPIOCA RTU (K) 27.35

24626 CS 6/10 PUDDING,NO TRANSFAT VANILLA20.69

24628 CS 6/10 PUDDING,NO TRANSFAT CHOCOLATE20.69

24664 BOX 12/5 OZ D.CRYS PUDDING,VANILLA DIET 17.72

24666 BOX 12/5 OZ D.CRYS PUDDING,CHOCOLATE DIET 17.72

24668 BOX 12/5 OZ D.CRYS PUDDING,BUTTERSCOTCH DIET 17.72

24700 CS 48 CT JELLO ORANGE/STRAWBERRY JELLO 8.9

24720 CS 24/4oz D.M. GELATIN & FRUIT MIX CUP 14.06

24722 CS 48/3.5 HUNTS ORANGE/STRAW GELATIN CUPS 13.2

24724 CS 48/3.5 JELLO CHERRY GELATIN SUGAR FREE 8.9

24734 CS 48/3.5 HUNTS STRAWBERRY GEL CUPS (RTE) 13.2

25010 CS 6/12oz ENFAMIL LIPIL W/IRON 98.75

25012 CS 12/IND GERBER STRAINED APPLESAUCE 7.58

25032 CS 12/IND GERBER STRAINED BANANAS 7.58

25048 CS 12/IND GERBER STRAINED CARROTS 7.58

25080 CS 12/IND GERBER STRAINED GREEN BEANS 7.58

25104 CS 12/IND GERBER STRAINED PEARS 7.58

25116 CS 12/IND GERBER STRAINED PEAS,CREAMED 7.58

25132 CS 12/IND GERBER STRAINED SQUASH 7.58

25136 CS 12/IND GERBER STRAINED SWEET POTATOES 7.58

25236 CS 12/8 OZ GERBER BABY CEREAL,OATMEAL 21.18

25240 CS 12/8 OZ GERBER BABY CEREAL,RICE 21.18

25248 CS 12/IND GERBER STRAINED MEAT,BEEF 11.91

25252 CS 12/IND GERBER STRAINED MEAT,CHICKEN 11.91

25280 CS 12/IND GERBER STRAINED MEAT,TURKEY 11.91

Page 89: Executed Contract

25504 CS 24/4 oz GERBER BABY APPLE JUICE 16.07

25508 CS 24/4 oz GERBER BABY MIX FRUIT JUICE 16.77

27002 CS 24/10oz APPEVE JUICE,APPLE PLASTIC BOTTLE 12.52

27004 CS 24/8.4 FIZZED GREEN APPLE SPARKLING WATER9.94

27006 CS 24/8.4 FIZZED RASPBERRY SPARKLING WATER 9.94

27008 CS 36/6.76 APPEVE VARIETY PAK JUICE BOX 9.87

27010 CS 40/4.2 APPEVE WHITE GRAPE JUICE BOX 7.45

27012 CS 8/64oz WAYNE APPLE CIDER 16.06

27014 CS 40/4.2 APPEVE ORANGE/TANGERINE JUICE BOX 7.45

27018 CS 40/4.2 APPEVE APPLE JUICE BOX 10.97

27020 CS 40/4.2 APPEVE FRUIT PUNCH JUICE BOX 10.97

27022 CS 48/IND APPLE JUICE 18.09

27026 CS 12/46oz SUNPET ORANGE JUICE PLASTIC 16.39

27028 CS 12/46oz SUNPET APPLE JUICE PLASTIC 14.78

27032 CS 8/48oz SUNSWT PRUNE JUICE PLASTIC 23.87

27034 CS 24/10oz APPEVE FRUIT PUNCH PLASTIC BOTTLES 12.52

27036 CS 24/10oz APPEVE BERRY MEDLEY PLASTIC BOTTLES10.75

27054 CS 12/46oz PACKER APPLE JUICE 14.78

27056 CS 40/6.75 APPEVE FRUIT PUNCH VERY BRY 100% 10.97

27060 CS 8/59 OZ HOMAKR ORANGE JUICE FRESH 16.93

27064 CS 12/46oz SUNPET CRANBERRY JUICE PLASTIC 14.78

27066 CS 12/46oz SUNPAC BLENDED JUICE 18.81

27068 CS 40/6.75 APPEVE FRUIT PUNCH JUICE BOX 10.97

27074 CS 40/4.23 APPEVE FRUITABLE MIX BERRY #24021 7.72

27076 CS 27/6.75 MOTTS FRUIT PUNCH 100% BRICK PK 9.51

27078 CS 40/6.75 APPEVE FRUITABLE BERRY BERRY#2401410.97

27086 CS 40/6.75 APPEVE APPLE JUICE BOX 10.97

27090 CS 12/46oz RBKIST APPLE JUICE PET 19.01

27092 CS 12/46oz RBKIST ORANGE JUICE PET 21.76

27094 CS 12/46oz RBKIST GRAPE JUICE PET 23.56

27130 CS 48/IND OCEAN CRANBERRY JUICE OCEANSPRAY 15.36

27132 CS 48/IND SUNPAC CRANBERRY JUICE 18.94

27138 CS 8/64oz OCNSPY CRANBERRY JUICE COCKTAIL 18.6

27140 CS 8/64oz OCNSPY CRANAPPLE JUICE 25.63

27144 CS 12/46oz SUNPAC CRANBERRY JUICE 14.99

27146 CS 8/64oz OCNSPY CRAN-RASPBERRY JUICE 25.63

27148 CS 40/6.75 APPEVE CRANBERRY JUICE BOX 10.97

27184 CS 40/6.75 HI-C LAVABURST ORANGE JUICE BOX 8.82

27186 CS 40/6.75 APPEVE ORANGE JUICE BOX 10.97

27190 CS 12/46oz SUNPAC FRUIT PUNCH 14.78

27222 CS 40/6.75 APPEVE GRAPE JUICE BOX 10.97

27228 CS 12/46oz PACKER GRAPE JUICE 19.73

27230 CS 12/46oz G & S GRAPE JUICE 22.09

27236 CS 48/IND RUBYK GRAPE JUICE * 19.16

27244 CS 24/6 oz KOSHER GRAPE JUICE KOSHER 16.99

27246 CS 12/32oz KEDEM GRAPE JUICE PLASTIC KEDEM 28.81

27248 CS 12/22oz RASHI GRAPE JUICE 20.43

Page 90: Executed Contract

27250 CS 8/64 OZ WELCH GRAPE JUICE WELCH'S 30.62

27276 CS 48/IND SUNPAC GRAPEFRUIT JUICE 19.08

27302 CS 12/46oz PACKER GRAPEFRUIT JUICE 19.24

27304 CS 8/46oz KERNS PEACH NECTAR 17.63

27308 CS 48/IND KERNS PEACH NECTAR 16.5

27310 CS 48/IND KERNS APRICOT NECTAR 16.5

27312 CS 48/IND KERNS PEAR NECTAR 16.5

27324 CS 1/200 S & P PC LEMON JUICE 3.44

27326 CS 24/10oz TROP TROPICANA ORANGE JUICE 13.14

27328 CS 12/11.5 ARIZONA DIET GREEN TEA 3.13

27332 CS 75/PKTS LYONS TEA, HONEY THICKENED 21.95

27334 CS 75/PKTS LYONS TEA, NECTAR THICKENED 21.95

27336 CS 48/4 oz LYONS LEMON WATER / NECTAR THICK 14.08

27338 CS 8/48 OZ REAL LEMON JUICE,PURE REAL 26.31

27340 CS 75/PKT LYONS COFFEE, NECTAR THICKENED 21.95

27342 CS 75/PKT LYONS COFFEE, HONEY THICKENED 21.95

27344 CS 24/8oz LYONS THICKENED DAIRY, NECTAR 17.15

27346 CS 12/32oz SIROB LEMON JUICE 10.11

27350 CS 48/4 oz LYONS APPLE JUICE/NECTAR THICK 19.18

27352 CS 12/11.5 ARIZONA GREEN TEA 3.13

27354 CS 12/11.5 ARIZONA ICED TEA/LEMON 3.13

27356 CS 32/6.75 JUICY GRAPE JUICY JUICE BOX 11.76

27358 CS 24/8oz ORANGE JUICE 9.41

27360 CS 48/4 oz LYONS CRANBERRY JUICE/HONEY THICK15.94

27362 CS 24/12oz ICED TEA, REGULAR 5.16

27364 CS 48/IND ORANGE JUICE 16.62

27366 CS 12/16oz ARIZONA ICED TEA BOTTLES 4.45

27368 CS 48/4 oz LYONS ORANGE JUICE/NECTAR THICK 18.55

27370 CS 12/16oz ARIZONA GREEN TEA BOTTLES 4.45

27372 CS 48/4 oz LYONS CRANBERRY JCE/NECTAR THICK 15.79

27374 CS 12/16oz ARIZONA DIET TEA BOTTLES 4.45

27376 CS 12/46oz PACKER ORANGE JUICE 18.54

27378 CS 48/4 oz LYONS LEMON WATER, HONEY THICK 14.3

27380 CS 27/8oz NUTRA APPLE JUICE PLUS FIBER 27.41

27382 CS 48/4 oz LYONS APPLE JUICE/HONEY THICK 19.47

27384 CS 24/8 oz LYONS THICKENED DAIRY, HONEY 17.1

27390 CS 24/2.75 NOVART SWEET N' FREE DRINK MIX 59.96

27394 CS 24/12oz DIET ICED TEA TEALICIOUS 5.16

27396 CS 4/27.3 RESOUR FARINA HOT CEREAL PLUS MIX 32.66

27398 CS 48/4 oz LYONS ORANGE JUICE/HONEY THICK 18.77

27400 CS 24/11.5 SNAPPLE, RASPBERRY TEA 10.75

27406 CS 4/27.3 RESOUR OATMEAL CEREAL PLUS MIX 31.26

27408 CS 24/11.5 SNAPPLE, PEACH TEA 10.75

27410 CS 24/11.5 SNAPPLE, KIWI STRAWBERRY 10.75

27412 CS 24/11.5 SNAPPLE, MANGO MADNESS TEA10.75

27414 CS 24/10oz TROPIC APPLE JUICE, TROPICANA 13.98

27448 CS 48/IND SUNPAC PINEAPPLE JUICE 17.55

Page 91: Executed Contract

27458 CS 12/46oz D.M. PINEAPPLE JUICE 21.81

27460 CS 12/46oz PACKER PINEAPPLE JUICE 18.22

27484 CS 48/IND SUN SW PRUNE JUICE 25.61

27486 CS 96/4 oz LYONS PRUNE JUICE SHELF STABLE 34.59

27502 CS 12/46oz PACKER PRUNE JUICE 20.16

27506 CS 12/46oz SUNSWT PRUNE JUICE, SUNSWEET 31.35

27520 CS 48/IND SACRAM TOMATO JUICE 18.97

27532 CS 12/46oz PACKER TOMATO JUICE 15.48

27538 CS 12/46oz SACRAM TOMATO JUICE 14.24

27562 CS 48/IND CAMP V-8 JUICE, DIET 25.11

27580 CS 48/IND CAMP V-8 JUICE 23.31

27592 CS 12/46oz CAMP V-8 JUICE 26.32

27594 CS 8/64 OZ V-8 SPLASH TROPICAL 17.2

27596 CS 48/6oz DOLE PINEAPPLE JUICE 17.29

27600 CS 3 GAL LEMONX APPLE JUICE B-I-B 5+1 61.89

27602 CS 3 GAL LEMONX ORANGE JUICE B-I-B 58.83

27606 CS 3 GAL LEMONX CRANBERRY JUICE B-I-B 4+1 50.42

27610 CS 3 GAL LEMONX FRUIT PUNCH B-I-B 7+1 46.76

27616 CS 5 ltr LEMONX APPLE JUICE B-I-B 38.92

27618 CS 5 ltr LEMONX CRANBERRY JUICE B-I-B 41.17

27620 CS 5 ltr LEMONX ORANGE JUICE B-I-B 35.93

27624 CS 4/1 GAL BASE, ICED TEA 8+1 22.04

27632 CS 4/1 GAL IMPER BASE, LEMONADE 8+1 21.93

27638 CS 4/1 GAL BASE, PUNCH 8+1 20.96

27800 CS 12/PKG THIRST BEV BASE,PINK LEMON 11.37

27812 CS 12/PKG THIRST BEV BASE,TROPICAL PUNCH 11.37

27816 CS 12/PKG THIRST BEV BASE,GRAPE 11.37

27820 CS 12/PKG THIRST BEV BASE,LEMON 11.37

27832 CS 12/PKG THIRST BEV BASE,ORANGE 11.37

27886 CS 24/12oz GATORA GATORADE, BERRY 14.56

27888 CS 24/12oz GATORA GATORADE, PUNCH 14.56

27890 CS 24/12oz GATORA GATORADE, LEMON LIME 14.56

27892 CS 24/12oz GATORA GATORADE, ICED PUNCH 14.56

27900 CS 24/20oz GATORA GATORADE, ORANGE 15.16

27902 CS 24/12oz GATORA GATORADE, G2 VARIETY PACK 10.73

27904 CS 24/20oz GATORA GATORADE, PUNCH 16.45

27906 CS 24/20oz GATORA GATORADE, GLACIER BLUE 16.45

27910 CS 12/2 OZ DIAMND STRAWBERRY,SUGAR FREE-2 GAL30.04

27912 CS 12/2 OZ DIAMND ORANGE,SUGAR FREE-2 GAL 30.04

27920 CS 24/12oz GATORA GATORADE, ORANGE 14.56

27922 CS 24/12oz G-2 GATORADE, GRAPE G-2 LO-CAL 14.56

27924 CS 24/12oz G-2 GATORADE, GLACIER FREEZE 14.56

27928 CS 24/12oz G-2 GATORADE, ORANGE G-2 14.56

27930 CS 24/12oz G-2 GATORADE, PUNCH G-2 LO-CAL 14.56

27934 CS 12/2 OZ DIAMND LEMONADE,SUGAR FREE-2 GAL 30.04

27936 CS 12/2 OZ DIAMND ICED TEA,SUGAR FREE,2 GAL 30.04

27938 CS 12/2 OZ DIAMND FRUIT PUNCH,SUGARFREE-2GA 17.94

Page 92: Executed Contract

27940 CS 12/46oz CRANBERRY JUICE ASEPTIC 18.51

27948 CS 12/46oz APPLE JUICE ASEPTIC 19.14

27962 CS 12/46oz BOMBAY ORANGE JUICE ASEPTIC 21.34

27964 CS 12/46oz FRUIT PUNCH ASEPTIC 14.02

27976 CS 1000/CS BEVERAGE BASE, GRAPE (K) 27.79

27978 CS 50/.94LB NYSID DRINK MIX FRUIT PUNCH 118.22

27982 CS 50/.94LB NYSID DRINK MIX ORIGINAL 140.65

27984 CS 50/.94LB NYSID DRINK MIX LEMONADE 132.36

27988 CS 72/5oz BEVERAGE BASE,LEMONADE 35.74

27990 CS 72/5oz BEVERAGE BASE,ORANGE 48.38

27992 CS 72/2oz BEVERAGE BASE,FRUIT PUNCH 37.89

27994 CS 1000/cs BASE, ICED TEA DRY (K)1.8G 27.79

27996 CS 1000/cs BASE, LEMONADE DRY (K)1.8G 27.79

27998 CS 1000/cs BASE, ORANGE DRY (K)1.8G 27.79

28000 CS 1000/cs BASE, PUNCH DRY (K)1.8G 27.79

28002 CS 72/5oz BEVERAGE BASE,CHERRY 35.74

28004 CS 72/5oz BEVERAGE BASE,GRAPE 35.74

28006 CS 72/5oz BEVERAGE BASE,STRAWBERRY 35.74

28008 CS 72/5oz BEVERAGE BASE,ICED TEA 35.74

28010 CS 12/25 OZ NYSID INST ICE TEA SWEET 36.98

28020 CS 50/.94LB NYSID DRINK MIX GRAPE 116.79

28022 CS 6/50 CT SWISS HOT CHOCOLATE ENVELOPES 42.51

28036 CS 6/24 CT SWISS HOT CHOCOLATE/NUTRA SWEET32.27

28044 CS 12/2 LB HOT CHOCOLATE MIX 24.12

28082 CS 5/100 MAXWEL COFFEE,INSTANT 54.28

28083 *** 1/100 MAXWEL COFFEE,INSTANT 10.86

28084 CS 1M DEEPRI COFFEE,INSTANT KOSHER 25.26

28104 CS 13OZ MAXWEL COFFEE,DECAF 46.57

28106 CS 12 CT MAXWEL COFFEE CLASSIC ROAST 32.25

28110 CS 24/14oz COFFEE, REGULAR PREMIUM 51.65

28178 CS 1M SANKA SANKA,BULK DECAF 87.37

28180 CS 30/6 OZ NYSID COFFEE,INSTANT REGULAR 86.03

28184 CS 5/100 SANKA COFFEE,INSTANT DECAF 51.74

28185 *** 1/100 SANKA COFFEE,INSTANT DECAF *G 3300810.35

28206 CS 24/13oz COFFEE,DECAF 74.44

28208 CS 40/6.7 CAPRI CAPRI SUN VARIETY 8.44

28302 CS 24/12oz KRSDAL MILK,EVAPORATED 15.8

28306 CS 24/14oz CONDENSED MILK 31.21

28308 CS 6/10 MILK,EVAPORATED 48.07

28310 CS 24/8oz ENSURE VANILLA SUPPLEMENT DRINK 22.58

28318 CS 27/8 OZ MILK, SOY BOXES 19.48

28320 CS 54/8 OZ MILK, CHOCOLATE FAT FREE 13.49

28322 CS 27/8 OZ MILK,STRAWBERRY 1% LO-FAT 12.63

28324 CS 27/8 OZ MILK, MILK-PLAIN 1% LO-FAT 13.65

28328 CS 12/32 SILK SOY MILK, VANILLA 16.29

28330 CS 12/32oz PARMAL MILK, PARMALAT 14.09

28332 CS 12/32 PARMAL PARMALAT 2% MILK 19.43

Page 93: Executed Contract

28334 CS 12/32oz PARMAL MILK LOW FAT 1% PARMALAT 14.09

28335 *** QT/EACH PARMAL MILK LOW FAT 1% PARMALAT 1.63

28336 CS 12/32oz PARMAL MILK, SKIM PARMALAT 14.09

28338 CS 12/32oz HOOD MILK, LACTAID FAT FREE 21

28352 CS 50 LB FRANKL MILK, INSTANT NONFAT DRY 91.11

28358 BOX 5 lb GEL COCOA POWDER 15.32

28372 CS 6/10 pk CARNAT INST BRKFAST-FRENCH VANILLA 26.75

28374 CS 10/100 NON-DAIRY CREAMER 8.33

28378 CS 12/1.2 NON-DAIRY CREAMER 29.27

28380 CS 10/100 N'JOY NON-DAIRY CREAMER 18.89

28384 CS 6/10 PK CARNAT INST.BREAKFAST-CHOCOLATE 25.72

28392 CS 180/.38 CARNAT COFFEE MATE CREAMER 8.17

28454 CS 12/26oz DOMINO ICE TEA MIX 19.73

28456 CS 24/12oz SUNKIS SUNKIST ORANGE SODA 9.4

28462 CS 24/12oz SPRITE SODA, SPRITE 9.4

28464 CS 100/1oz GOLDEN ICED TEABAGS 9.14

28466 CS 24/12oz SPRITE SODA, DIET SPRITE 9.4

28486 CS 10/100 GOLTIP TEA BAGS 13.92

28492 CS 6/25 CT CELEST TEA, ENGLISH BREAKFAST 16.29

28506 CS 6/72 CT LIPTON TEA, DECAF 31.47

28508 CS 5/100 BROMLY TEABAGS DECAF ENV 18.22

28510 CS 10/100 GOLDEN TEABAG INDIVIDUALLY WRAPPED17.74

28514 CS 10/100 LIPTON TEA BAGS,WRAPPED 33.33

28515 *** 1/100 CT LIPTON TEA BAGS,WRAPPED SLEEVE 3.33

28650 BAG 132 LB CUSTOM TEA, BULK 109.99

29012 CS 4/1 GAL ROSE L PANCAKE SYRUP 9.57

29014 CS 24/12oz SODA, COKE CAFFEINE FREE 9.4

29018 CS 4/1 GAL SUGMIL SYRUP,CHOCOLATE 26.86

29019 *** 1 GAL SUGMIL SYRUP, CHOCOLATE 6.72

29020 CS 4/1 GAL SUGMIL SYRUP,VANILLA 18.38

29021 *** 1 GAL SUGMIL SYRUP,VANILLA 4.6

29022 CS 24/12oz SODA, COKE CHERRY 9.4

29024 CS 4/1 GAL REDBRN PANCAKE SYRUP 10.21

29026 CS 4/1 GAL SUGMIL SYRUP,STRAWBERRY 20.56

29027 *** 1 GAL SUGMIL SYRUP,STRAWBERRY 5.14

29032 CS 24/12oz SODA,DIET CHERRY COKE 9.4

29034 CS 24/12oz SODA, DIET 7-UP 9.4

29036 CS 24/12oz SODA,DIET SUNKIST ORANGE 9.4

29040 CS 24/12oz SODA, DR. PEPPER 9.4

29046 CS 24/12oz WELCHS WELCHS DIET GRAPE SODA 9.4

29048 CS 24/12oz SODA,SASPARILLA 9.4

29234 CS 24/24 HERSHY SYRUP,CHOCOLATE BOTTLE 49.02

29236 CS 12/22oz BOSCO SYRUP,CHOCOLATE BOTTLE 21.89

29238 CS 12/22oz BOSCO SYRUP,STRAWBERRY BOTTLE 22.58

29402 CS 24/12oz SODA, LEMON-LIME 5.16

29404 CS 24/8 OZ C&C COLA 5.27

29406 CS 24/8 OZ C&C GINGER-ALE 5.27

Page 94: Executed Contract

29408 CS 24/8 OZ C&C COLA,DIET 5.27

29410 CS 24/8 OZ C&C GINGER-ALE,DIET 5.27

29414 CS 24/12oz DIET COKE CAFFEINE FREE 9.13

29416 CS 24/12oz SODA,DIET COKE 9.4

29418 CS 24/12oz SELTZER, SEAGRAM'S 9.4

29422 CS 24/12oz SODA, DIET DR. PEPPER 9.4

29426 CS 24/12oz COLA 5.16

29428 CS 24/12oz GINGER-ALE 5.16

29432 CS 24/12oz COLA,DIET 5.16

29434 CS 24/12oz GINGER-ALE,DIET 5.16

29436 CS 24/12oz SODA,ORANGE 5.16

29440 CS 24/12oz ROOT BEER 5.16

29442 CS 24/12oz SODA,GRAPE 5.16

29444 CS 24/16oz FRUIT 2-O STRAWBERRY WATER 13.44

29446 CS 24/12oz SODA,CREAM 5.16

29448 CS 24/12oz SELTZER WATER 5.16

29452 CS 24/12oz COKE COCA COLA 9.4

29454 CS 24/12oz PEPSI PEPSI COLA 9.4

29456 CS 24/12oz SODA, 7-UP 9.4

29466 CS 24/12oz PEPSI PEPSI COLA, DIET 9.4

29468 CS 24/12oz A & W SODA, DIET ROOT BEER 9.4

29482 CS 24/16oz WATER, BOTTLED 2.96

29488 CS 48/8oz POLAND WATER,BOTTLED 10.74

29490 CS 48/8oz NESTLE WATER, BOTTLED 10.66

29492 CS 24/8oz WATER, BOTTLED 3.49

29494 CS 24/16.9 POLAND WATER, POLAND SPRINGS 5.32

29496 CS 6/1 GAL WATER,BOTTLED 4.14

29498 CS 35/16oz POLAND WATER, POLAND SPRING 8.22

29502 CS 24/16.9 PROPEL BERRY VITAMIN WATER 10.89

29504 CS 24/16.9 PROPEL PEACH VITAMIN WATER 10.89

29506 CS 24/16.9 PROPEL MANDA ORANGE VITAMIN WATER10.89

29508 CS 24/16.9 PROPEL LEMON VITAMIN WATER 10.89

29518 CS 4/1 GAL KARO CORN SYRUP,LITE RED 36.07

29528 CS 12/14.5 SMUCKR SYRUP,PANCAKE SUGAR FREE 22.88

29540 CS 24/24oz POLAND WATER, SPORTS BOTTLE 7.72

29560 CS 100/1oz POCO PC SYRUP, DIET PANCAKE 4.06

29562 CS 100/1.5 ELWOOD PC PANCAKE SYRUP CUP 1.5oz 7

29564 CS 100/1.5 POCO PC PANCAKE SYRUP CUPS 1.5oz 5.81

29568 CS 100/1.5 POCO PC PANCAKE SYRUP 1.5oz 4.55

29570 CS 1/100 POCO PC PANCAKE SYRUP CUPS 4.74

29574 CS IND PC SYRUP,SQUEEZE 3.98

29578 CS 12/24oz SEABRZ SYRUP,NATURAL TABLE 19.57

29580 CS 120 CT KRAFT PC PANCAKE SYRUP 1.4oz 17.15

29582 CS IND S & P PC SYRUP, REDUCED CALORIE 4.62

29584 CS 1/100 HEINZ PC SYRUP CUP 1.5oz 14.5

29588 CS 72/1.6 DICKEN SYRUP, PURE MAPLE 69.97

29590 CS 4/1 GAL KRAFT PANCAKE SYRUP 40.74

Page 95: Executed Contract

29592 CS 80/2 OZ KRAFT PC SYRUP (KRAFT) 13.05

29606 CS 4/1 GAL J.H.S PANCAKE SYRUP - PENN 25.98

29608 CS 4/1 GAL SYRUP,PANCAKE SEABREEZE 19.95

29610 CS 100/1oz SMUCKR PC PANCAKE SYRUP 11.89

29612 CS 100/1oz SMUCKR PC DIET PANCAKE SYRUP S/F 14.19

33002 CS 4/1 GAL KRAFT DRESSING,CREAMY CAESAR 64.18

33003 *** 1 GAL KRAFT DRESSING,CREAMY CEASER 16.05

33004 CS 4/1 GAL KRAFT DRESSING, GOLDEN ITALIAN 46.25

33005 *** 1/1 GAL KRAFT DRESSING, GOLDEN ITALIAN 11.57

33008 CS 4/1 GAL SELECT DRESSING,SALAD WHIPPED 17.37

33010 CS 4/1 GAL SELECT DRESSING,CREAMY ITALIAN (K) 27.95

33012 CS 4/1 GAL HELLER DRESSING,CREAMY CAESAR 34.94

33014 CS 4/1 GAL HELLER DRESSING,HONEY DIJON 33.33

33015 GAL 1 GAL HELLER DRESSING,HONEY DIJON 8.33

33020 CS 4/1 GAL HELLER DRESSING,FRENCH 22.52

33021 *** 1 GAL HELLER DRESSING,FRENCH KOSHER 5.63

33030 CS 4/1 GAL SELECT DRESSING,ITALIAN 16.93

33031 *** 1 GAL HELLER DRESSING,ITALIAN KOSHER 4.24

33032 CS 4/1 GAL KRAFT DRESSING, GOLDEN CAESAR 57.45

33036 CS 4/1 GAL HELLER DRESSING,RANCH 21.88

33037 *** 1 GAL HELLER DRESSING,RANCH 5.47

33038 CS 4/1 GAL CAINS DRESSING, ASIAN SESAME 36.55

33040 CS 4/1 GAL GOLMED DRESSING,RUSSIAN 29.29

33041 GAL 1 GAL GOLMED DRESSING,RUSSIAN KOSHER 7.32

33042 CS 4/1 GAL KRAFT DRESSING, HONEY DIJON SALAD 52.25

33043 *** GALLON KRAFT DRESSING, HONEY DIJON 13.06

33044 CS 4/1 GAL KRAFT DRESSING, RANCH 46.17

33045 *** GALLON KRAFT DRESSING, RANCH 11.55

33046 CS 4/1 GAL KRAFT DRESSING, RUSSIAN 48.38

33047 *** GALLON KRAFT DRESSING, RUSSIAN 12.09

33060 CS 4/1 GAL HELLER TARTAR SAUCE 27.95

33061 GAL 1 GAL HELLER TARTAR SAUCE 6.99

33070 CS 4/1 GAL HELLER DRESSING,1000 ISLAND 27.95

33071 PC GALLON HELLER DRESSING, 1000 ISLAND 6.99

33072 CS 4/1 GAL KRAFT DRESSING, FF LITE ITALIAN 45.97

33073 *** 1 GAL KRAFT DRESSING, LITE ITALIAN 11.49

33078 CS 4/1 GAL KRAFT DRESSING, RANCH LITE 48.3

33088 CS 4/1 GAL OASIS MAYONNAISE -- OASIS 24.19

33090 CS 4/1 GAL PIKNIK MAYONNAISE (U) 24.19

33091 *** 1 GAL SELECT MAYONNAISE (U) 5.98

33092 TUB 4 GAL PIKNIK MAYONNAISE 23.92

33094 CS 4/1 GAL SELECT MAYONNAISE, DIET 25.26

33096 CS 4/1 GAL HELMNS MAYONNAISE, DIET 52.6

33102 CS 4/1 GAL KRAFT DRESSING, FRENCH CREAMY 46.07

33103 EA GALLON KRAFT DRESSING, FRENCH CREAMY 11.52

33104 CS 4/1 GAL KRAFT DRESSING,CREAMY ITALIAN 47.15

33105 *** 1 GAL KRAFT DRESSING, CREAMY ITALIAN 11.79

Page 96: Executed Contract

33110 CS 4/1 GAL HELMNS MAYONNAISE,REAL 59.64

33111 *** GAL HELMNS MAYONNAISE, REAL GALLON 14.91

33112 CS 12/15oz MAYONNAISE, SQUEEZE 30.09

33122 CS 4/1 GAL MAYONNAISE HELLMANN BEST 53.75

33126 CS 12/16oz HELMNS MAYONNAISE HELLMANNS 39.75

33134 CS 4/1 GAL SAUER DRESSING, FRENCH 25.98

33136 CS 4/1 GAL SAUER DRESSING, ITALIAN 24.78

33138 CS 4/1 GAL SAUER DRESSING, ITALIAN LO-FAT 18.88

33140 CS 4/1 GAL SAUER MAYO SALAD DRESSING 19.25

33142 CS 4/1 GAL SAUER DRESSING, RANCH 29.15

33256 CS 4/1 GAL HELLER DRESSING,BLUE CHEESE 42.19

33257 *** 1 GAL HELLER DRESSING,BLUE CHEESE REFR 10.55

33258 CS 4/1 GAL KRAFT DRESSING, BLUE CHEESE 55.9

33259 *** GALLON KRAFT DRESSING, BLUE CHEESE 13.98

33260 CS 12/8 oz WISHBN DELUXE FRENCH DRESSING 17.15

33262 CS 24/8 oz WISHBN ITALIAN DRESSING 34.29

33272 CS 12/8 oz WISHBN FAT FREE FRENCH DRESSING 17.15

33274 CS 12/16 oz KRASD ITALIAN DRESSING 7.93

33276 CS 12/16 oz KRASD RANCH DRESSING 7.93

33278 CS 8/27.5 NYSID ITALIAN DRESSING MIX 30.41

33290 CS 4/1 GAL PIKNIK DRESSING, RANCH "DIET" 20.37

33296 CS 4/1 GAL ADMIRA DRESSING,ITALIAN "DIET" 16.93

33338 CS 100/1oz KRAFT HONEY DIJON CUPS 19.46

33340 CS 12/7 OZ GOOD DRESSING,ITALIAN DEHYDRAT 48

33352 CS 2/.5 GAL GRCIAN HONEY MUSTARD SAUCE 15.32

33358 CS 1/200 POCO PC MAYONNAISE POCO 5.63

33360 CS 1/200 S & P PC MAYONNAISE 8.22

33362 CS 1/500 HEINZ S.S. MAYONNAISE 35.94

33364 CS 1/200 HEINZ PC MAYONNAISE 17.44

33366 CS 4/1 GAL KRAFT MAYONNAISE 44.66

33372 CS 1/200 POCO PC, SALAD DRESSING 4.5

33374 CS 1/200 PPI PC TARTAR SAUCE - PPI 12.32

33378 CS 1/200 S & P PC, SALAD DRESSING 3.6

33380 CS 1/200 HELLMN PC MAYONNAISE SQUEEZE 21.53

33382 CS 1/200 POCO PC RANCH DRESSING 5

33384 CS 60/1.5 HEINZ PC GOLDEN ITALIAN 13.63

33386 CS 60/1.5 HEINZ PC FRENCH DRESSING 14.08

33388 CS 125/1.5 NYSID F/F FRENCH DRESSING PKT 18.44

33390 CS 60/1.5 HEINZ PC FRENCH DRESSING LITE FF 14.43

33392 CS 60/1.5 HEINZ PC CAESAR DRESSING 13.67

33394 CS 60/1.5 HEINZ PC BLUE CHEESE DRESSING 16.09

33396 CS 60/1.5 HEINZ PC HONEY DIJON LITE F/F 21.2

33398 CS 60/1.5 HEINZ PC 1000 ISLAND DRESSING 14.15

33400 CS 60/1.5 HEINZ PC RANCH DRESSING 13.99

33402 CS 60/1.5 HEINZ PC RANCH DRESSING FAT FREE 14.43

33404 CS 1/200 PPI PC FRENCH DRESSING - PPI 13.17

33406 CS 125/1.5 NYSID F/F ITALIAN DRESSING 18.41

Page 97: Executed Contract

33408 CS 1/200 PPI PC ITALIAN DRESSING - PPI 13.05

33410 CS 60/1.5 HEINZ PC LITE ITALIAN DRESSING 13.44

33450 CS 60/1.5 KENS PC ITALIAN DRESS FAT FREE 11.01

33490 CS 60/1.5 KENS PC CREAMY ITALIAN DRESSING 12.56

33492 CS 60/1.5 KRAFT PC BALSAMIC VINAIGRETTE 17.14

33494 CS 60/1.5 HEINZ PC LITE RANCH DRESSING 15.78

33520 CS 100/1.5 ELWOOD TARTAR SAUCE POUCHES 12GRAM12.23

33540 CS 1/200 S & P PC BLUE CHEESE DRESSING 4.45

33550 CS 1/200 PC FRENCH DRESSING (U) 3.33

33558 CS 1/200 S & P PC CREAMY ITALIAN DRESSING 4.19

33560 CS 1/200 S & P PC ITALIAN DRESSING 2.96

33562 CS 1/200 S & P PC RANCH DRESSING 3.36

33570 CS 1/200 PC 1000 ISLAND DRESSING 3.44

33580 CS 1/200 PC TARTAR SAUCE 3.66

33598 CS 1/200 KRAFT PC TARTAR SAUCE CUPS 22.89

33622 CS 1/200 PC FRENCH DRESSING DIET 4.14

33624 CS 1/200 PC ITALIAN DRESSING DIET 3.14

33632 CS 4/1 GAL KENS FAT/FR BALSAMIC VINAIGRETTE 32.05

34012 CS 10 LB EGG ALPHABETS 9.3

34018 CS 12/17oz MELISA PASTA MACARONI #2 13.98

34022 CS 10 LB ZEREGA EGG BARLEY 12.42

34030 CS 24/14oz KRAFT MACARONI & CHEESE DELUXE 63.73

34040 CS 20 LB ZEREGA EGG BOW TIES 12.79

34042 CS 20 LB ZEREGA ANGEL HAIR/CAPELINNI 70753 15.32

34066 CS 20 LB ZEREGA FETTUCINI 14.78

34074 CS 20 LB BARILA ELBOW MACARONI WHOLE GRAIN18.22

34082 CS 20 LB BARILA ROTINI, WHOLE GRAIN 18.22

34084 CS 10 LB DAKOTA LASAGNA, CURLY 10.37

34088 CS 20 LB LINGUINI STELLINA 10.27

34090 CS 20/16oz BARILA LINGUINI 23.01

34092 CS 16/16oz BARILA PENNE RIGATE 20.32

34094 CS 20 LB ZEREGA ELBOW MACARONI 8.65

34096 CS 20 LB BARILA PENNE, WHOLE GRAIN 18.22

34098 CS 16/16oz XXXXXX FARFALLE 20.32

34100 CS 2/10 LB BARILA PENNE, BARILLA PLUS 30.32

34102 CS 20/16oz ELBOW MACARONI 9.14

34104 CS 16/16oz BARILA GEMELLI 20.32

34108 CS 16/16oz BARILA RIGATONI 20.32

34114 CS 2/10 LB BARILA ROTINI, BARILLA PLUS 30.32

34118 CS 20/500 MISKO GREEK ORZO MISKO 22.36

34120 CS 2/10 LB BARILA ELBOWS, BARILLA PLUS 30.32

34122 CS 16/16oz BARILA ORZO 16.33

34128 CS 20 LB NYC ELBOW MACARONI "STELLINA" 8.65

34136 CS 10 LB NOODLES, FINE STELLINA 7.1

34138 CS 20 LB NYC SPAGHETTI "ZEREGA" 10.21

34140 CS 20 LB ELBOW MACARONI TRENTINO 9.41

34142 CS 2/10LB BARILA SPAGHETTI PLUS 30.32

Page 98: Executed Contract

34144 CS 20 LB BARILA SPAGHETTI-WHOLE GRAIN 18.22

34146 CS 10/1LB COLAV PAPPARDELLA 18.14

34156 CS 10 LB NOODLES, MEDIUM 6.45

34160 CS 10 LB NYC NOODLES, BROAD "STELLINA" 7.26

34162 CS 10 LB ZEREGA NOODLES, BROAD 1/2 6.34

34164 CS 20 LB P/USA PASTA, POT PIE SQUARES 12.79

34166 CS 10 LB P/USA NOODLES BROAD, 1/2 6.34

34180 CS 20 LB FEDERA ELBOW MACARONI TRENTINO 9.41

34182 CS 20 LB FEDERA SHELLS TRENTINO 9.41

34184 CS 20 LB FEDERA SPAGHETTI TRENTINO 9.41

34188 CS 20 LB PENNE STELLINA 8.65

34192 CS 20 LB ZEREGA RIGATONI *G 18036 9.84

34194 CS 16/16oz BARILA PENNE PLUS,WHOLE WHEAT 20.32

34198 CS 16/16oz BARILA DITALINI 20.32

34220 CS 20 LB ZEREGA SHELLS 10.27

34222 CS 20 LB SPAGHETTI 8.65

34228 CS 16/16oz XXXXXX MEDIUM SHELLS 20.32

34230 CS 20 LB SHELLS TRENTINO 9.41

34232 CS 20 LB SPAGHETTI TRENTINO 9.41

34234 CS 20/1 LB KRASDL SPAGHETTI 10.37

34242 CS 12/500 VLAHA TRAHANA SOUR 33.33

34246 CS 20/16oz BARILA SPAGHETTI 20.86

34264 CS 10 LB ROTINI SPIRALS, RAINBOW 10.43

34266 CS 20 LB P/USA ROTINI SPIRALS 11.77

34270 CS 20 LB ROTINI, PLAIN TWISTS 8.65

34282 CS 20 LB ZITI STELLINA 8.65

35026 CS 6/10 V.MAID BEEF STEW 45.31

35036 CS 24/4.5oz SWANSN CHICKEN,WHITE/DARK MEAT 30.96

35040 CS 24/7.5 MACARONI & CHEESE 10.37

35044 CS 24/5oz SWANSN CHICKEN, WHITE MEAT CANNED24.51

35046 CS 6/30 SWANSN CHUNKS OF CHICKEN 61.15

35052 CS 12/7.5 CHEF MICRO SPAGHETTI & MEATBALL11.35

35054 CS 12/7.5 CHEF B MICRO MACARONI & CHEESE 10.28

35058 CS 12/7.5 CHEF B MICRO LASAGNA W/SAUCE 11.35

35060 CS 12/7.5 CHEF B MICRO BEEF RAVIOLI 12.43

35072 CS 6/10 CHILI CON CARNE W/BEANS 46.66

35102 CS 6/10 VENICE CORNED BEEF HASH 17.25

35104 CS 12/15oz CASTLE CORNED BEEF HASH 17.25

35106 CS 6/10 LIBBY CORNED BEEF HASH 72.84

35546 CS 6/10 VENICE MEAT BALLS W/SAUCE 67.03

35556 CS 6/10 CHEESE RAVIOLI, SAUCE 35.94

35562 CS 6/10 BEEF RAVIOLI, SAUCE 28.65

35563 CAN #10 BEEF RAVIOLI, CAN 4.77

35564 CS 12/40oz CHEF BEEF RAVIOLI 40oz 30.91

35714 CS 12/16oz TAHINI SAUCE 34.94

35720 CS 6/10 CHEDDAR CHEESE SAUCE-ZTF 24.12

35722 CS 4/140 GEHLS GEHL'S CHEESE SAUCE 42.45

Page 99: Executed Contract

35742 TUB 40 LB SAHADI TAHINI-SAHADI DOMESTIC 90.73

35746 TUB 40 LB TURKIS TAHINI IMPORTED PAIL 68.48

35786 CS 6/10 HUNTS MARINARA SAUCE 33.76

35788 CS 6/10 FULRED MARINARA SAUCE 26.88

35792 CS 6/10 MARINARA SAUCE 12.52

35796 CS 6/10 GIOVAN SPAGHETTI SAUCE, LOW SODIUM13.81

35810 CS 1/200 S & P PC TACO SAUCE 3.3

35812 CS 6/10 FURMAN CHILI SAUCE 21.39

35814 CS 4/1 GAL ORTEGA SALSA, PICANTE 40.94

35818 CS 1/200 PPI PC TACO SAUCE - PPI 7.46

35832 BOX 5 LBS TACO SEASONING MIX 7.2

35834 CS 6/5 LB ROSE L TACO SEASONING LOW SODIUM48.38

35854 CS 6/10 ALL PURPOSE SPAGHET SAUCE 12.36

35864 CS 6/10 HUNTS SPAGHETTI SAUCE W/ TOMATO 33.15

35902 CS 6/1/2gl CHEF SWEET N SOUR SAUCE 41.42

40030 CS 4/3 LT PEGASU OLIVE OIL EXTRA VIRGIN 60.52

40031 *** 3 ltr PEGASU OLIVE OIL EXTRA VIRGIN 15.14

40032 CS 6/1 GAL OIL,10% BLENDED 38.55

40034 CS 6/1 GAL OIL,25% BLENDED 39.88

40036 CS 6/1 GAL ABRUZZ OLIVE OIL, POMACE 51.6

40037 GAL 1 GAL ABRUZZ OLIVE OIL, POMACE 8.6

40038 CS 4/3 LT OLIVE OIL, PURE 100% 47.3

40039 *** 3 LTR OLIVE OIL 100% - TIN 11.83

40040 CS 6/1 GAL OASIS CORN OIL 37.89

40044 CAN 35 LB OASIS CORN OIL 27.14

40132 TUB 35 LB HEALTH CANOLA OIL 25.53

40146 CS 4/1 GAL CANOLA OIL 25.8

40148 CS 4/1 GAL SOY BEAN OIL 24.93

40150 CS 6/1 GAL ADMIRA SOY BEAN OIL 34.19

40152 CS 9/64oz WESSON CANOLA OIL WESSON 54.76

40156 CS 10/56oz ATALAN SESAME OIL 93.26

40157 *** 1/56oz ATALAN SESAME OIL, PURE 9.33

40158 CS 12/24oz WESSON CANOLA OIL WESSON 24oz 34.19

40160 CAN 35 LB ADMIRA SOYBEAN OIL KOSHER 24.67

40164 CAN 35 LB ADMIRA COTTONSEED OIL 33.86

40208 CS 12/17oz BERRIO OLIVE OIL, EXTRA VIRGIN 65.33

40304 CS 6/6 QT WESSON LO MELT 43

40306 CS 3/1 GAL WHIRL OIL ZERO TRANS FAT 28.49

40350 CS 6/17 OZ WESSON PAM FOOD RELEASE SPRAY 16.39

40354 CS 6/14 OZ CRISCO CRISCO PAN RELEASE SPRAY 20.33

40438 TIN 35 LBS ADMIRA SHORTENING,CREAMY LIQUID 25.42

40440 EA 35 LB SHORTENING,CLEAR LIQUID 24.78

40450 EA 35 LB OASIS TOP FRY CREAMY SHORTENING 26.67

40454 TIN 35 LB ADMIRA PAN & GRIDDLE SHORTENING 29.03

40500 CUB 50 LB OASIS SHORTENING,VEG BLUE 38.25

40512 CS 12/24oz VEGETABLE OIL 22.41

40522 CS 50 LB PRIMEX PRIMEX SHORTENING 63.4

Page 100: Executed Contract

41136 CS 200/.5oz PC RED RASPBERRY DICKINSONS29.62

41138 CS 200/.5oz PC GRAPE JAM DICKINSONS 16.78

41182 CS 100/1oz ELWOOD SYRUP, PANCAKE DIET CUP 12.52

41186 CS 1/200 SMUCKR PC STRAWBERRY JELLY 14.25

41274 CS 1/200 S & P PC JELLY, ASSORTED 5.55

41276 CS 1/200 PC JELLY,DIET ASSORTED 5.75

41278 CS 1/200 PC JELLY,APPLE CUPS 3.55

41332 CS 1/200 POCO PC JELLY,GRAPE 4.67

41334 CS 1/200 S & P PC JELLY,GRAPE CUPS 6.03

41336 CS 200/IND SMUCKR PC GRAPE JELLY 11.02

41338 CS 200 CT XXXXXX PC GRAPE JELLY CUP .5oz 13.92

41392 CS 200/IND SMUCKR PC MARMALADE,ORANGE 11.44

41418 CS 200/IND SMUCKR PC STRAWBERRY JAM 14.72

41420 CS 200/.5oz PC STRAWBERRY DICKINSONS 22.99

41424 CS 1/200 POCO PC JELLY,ASSORTED POUCH 4.57

41426 CS 200/.5oz PC ORANGE MARM DICKINSONS16.57

41428 CS 200/.5oz PC APRICOT DICKINSONS 17.81

51022 TUB 5 LB ROSE L ADOBO - 5# 4.3

51024 CAN ROSE L ADOBO 0.73

51026 EA 14 OZ GEL*** ANAISE SEED WHOLE 3.23

51028 CAN 1 LB ROSE L ALLSPICE GROUND G 270003.21

51030 CS 6/9.75oz GEL ALLSPICE GROUND 14.19

51040 CAN 5 LB ****** ALLSPICE WHOLE 13.12

51054 CS 6/1 LB GEL BASIL LEAVES 13.55

51058 CS 6/8.5oz. GEL BAY LEAF WHOLE 17.03

51060 CAN 1 LB ROSE L BASIL LEAVES *G 27002 2.14

51062 BOX 25 LB ROSE L BASIL LEAVES 34.29

51064 BOX 1 LB ROSE L BAY LEAF *G 27004 2.41

51066 CS 6/18OZ MCORMK CAJUN SPICE-CASE 63.34

51068 CAN 36 OZ ROSE L CAJUN SPICE 1.76

51070 CAN 1 LB ****** CARAWAY SEED WHOLE 1.72

51078 CAN 29 OZ MCORM MONTREAL STEAK SEASONING 9.3

51092 CAN 32 OZ ROSE L CELERY SALT 1.74

51094 CS 6/13oz GEL CELERY SEED, WHOLE 10.32

51096 CAN 1 LB ROSE L CELERY SEED,GROUND G 270062.06

51098 CAN 1 LB ****** CELERY SEED,WHOLE 1.99

51104 TUB 5 LB ROSE L CHILI POWDER 8.6

51106 CAN 1 LB ROSE L CHILI POWDER *G 27012 1.76

51108 TUB 25 LBS GEL CHILI POWDER 40.04

51132 CAN 1 OZ ROSE L CHIVES 1.61

51134 CS 6/12.5oz GEL CINNAMON, GROUND 10.64

51136 CAN 1 LB ROSE L CINNAMON *G 27014 1.55

51140 TUB 25 LB GEL CINNAMON, GROUND 23.92

51144 CAN 1 LB ROSE L CINNAMON STICK 2.59

51152 CAN 12 OZ ****** CLOVES,WHOLE *G 2701810.58

51170 TUB 5 LB CORRIANDER, GROUND 7.53

51176 CAN 28 oz ****** CREAM OF TARTAR *G 230065.31

Page 101: Executed Contract

51178 CS 6/12.5oz GEL CUMIN, GROUND 13.8

51180 CAN 1 LB ROSE L CUMIN,GROUND G 270212.15

51184 TUB 25 LBS GEL CUMIN GROUND 37.36

51196 CAN 1 LB ROSE L CURRY POWDER *G 270201.67

51200 TUB 25 LB CURRY POWDER 31.98

51216 CAN 1 LB ****** DILL WEED 5.91

51224 CAN 14 OZ ROSE L FENNEL SEED, WHOLE 2.27

51240 CAN 12 OZ ROSE L GARLIC, GRANULATED 2.09

51244 TUB 5 LB ROSE L GARLIC, GRANULATED 11.29

51246 CS 4/4.4 NYSID GARLIC POWDER 37.12

51250 CS 50 LB GEL GARLIC, MINCED CALIFORNIA 140.83

51252 CAN 1 LB ROSE L GARLIC POWDER *G 270221.78

51254 TUB 25 LB ROSE L GARLIC POWDER 37.36

51256 TUB 5 LB ROSE L GARLIC POWDER 10.21

51264 TUB 25 LBS GEL GARLIC SALT 16.13

51272 CS 6/32oz FINEST GARLIC,CHOPPED 10.75

51276 CAN 1 LB ROSE L GINGER GROUND *G 270263.21

51280 TUB 25 LBS GEL GROUND GINGER 53.48

51286 CS 6/1 LB GEL GINGER, GROUND 16.77

51296 CAN 1 LB ****** MARJORAM, WHOLE 2.95

51298 CAN 1 LB ****** MARJORAM, GROUND 3.23

51306 CS 6/25 OZ SAUER GARLIC, GRANULATED 36.31

51308 CS 6/1 LB SAUER CHILI POWDER 22.25

51310 CS 6/9oz SAUER ROSEMARY, WHOLE 13.84

51312 CS 6/1 LB SAUER CURRY,GROUND 31.76

51314 EA 16 OZ GEL MINT LEAVES 2.96

51316 CS 6/18 OZ SAUER SPICE CHEF SHAKE, L/S 29.48

51318 CS 6/6 OZ SAUER SAGE 15.47

51356 CAN 1 LB ROSE L NUTMEG,GROUND G 270308.8

51366 CS 6/14oz GEL ONION GRANULATED 16.45

51368 CAN 16 OZ ROSE L ONION GRANULATED 2.34

51376 CAN 5 LB ROSE L ONION POWDER 12.04

51378 TUB 25 LB ROSE L ONION POWDER 49.45

51380 CAN 1 LB ROSE L ONION POWDER 2.09

51388 CAN 5 LBS ROSE L ONION GRANULATED 8.06

51390 CAN 16 OZ ROSE L ONION,MINCED 2.41

51394 CS 25/40GR XXXXXX GREEK OREGANO 41.93

51395 *** 40 GR GREEK OREGANO 1.68

51396 CAN 1 LB ROSE L OREGANO,LEAVES *G 270371.98

51398 CS 6/5oz GEL OREGANO, LEAVES 10

51400 CAN 12 OZ ROSE L OREGANO, GROUND 1.96

51402 TUB 25 LBS ROSE L OREGANO, GROUND 36.01

51408 CAN 5 LB ROSE L OREGANO LEAVES 6.99

51412 CS 6/1 LB GEL PAPRIKA 10.64

51416 CAN 1 LB ROSE L PAPRIKA *G 27040 1.83

51420 TUB 5 LBS ROSE L PAPRIKA 8.6

51422 TUB 25 LBS ROSE L PAPRIKA 36.28

Page 102: Executed Contract

51440 CAN 8 OZ ROSE L PARSLEY FLAKES 2.87

51442 CS 6/8 OZ GEL PARSLEY FLAKES 22.58

51446 TUB 20 LBS ROSE L PARSLEY FLAKES 65.36

51452 CAN 1 LB ****** PEPPER,BLACK,BUTCHER 3.48

51456 CS 6/1 LB GEL PEPPER,BLACK GROUND 28.7

51460 CAN 1 LB ROSE L PEPPER,BLACK GROUND 4.07

51462 CAN 1 LB ROSE L ITALIAN SEASONING *G 270442.41

51464 TUB 25 LB GEL PEPPER, BLACK 101.86

51468 TUB 5 LB ROSE L PEPPER,BLACK,GROUND 18.81

51472 CAN 1 LB ROSE L PEPPER,BLACK,WHOLE 3.23

51482 CS 48/1.5 DIAMND PEPPER SHAKERS 26.74

51486 CS 3/M HAPPY PC PEPPER,BLACK 4.57

51487 *** 1/M PC PEPPER,BLACK 1.53

51490 CS 12/1 LB ****** PEPPERCORN 5 BLEND 75.04

51491 *** CAN ROLAND PEPPERCORN 5 BLEND 75.04

51500 CAN 1 LB ROSE L PEPPER, CAYENNE RED 1.88

51502 CS 6/11.5oz GEL CAYENNE PEPPER 12.58

51504 CAN 12 OZ ROSE L PEPPER, CRUSHED RED *G 270651.98

51508 TUB 25 LB GEL PEPPER, RED CRUSHED 45.42

51514 CAN 1 LB ROSE L PEPPER,WHITE WHOLE 4.83

51516 CAN 1 LB ROSE L PEPPER,WHITE,GROUND 4.89

51518 TUB 5 LB GEL WHITE PEPPER GROUND 22.58

51524 CS 6/26oz PENN PEPPER, LEMON 28.92

51530 CAN 14 OZ ROSE L PICKLING SPICE 1.98

51532 CAN 20 OZ ****** POPPY SEED 2.41

51534 CAN 12oz ROSE L PEPPER,LEMON 1.55

51536 CAN 12 OZ ROSE L POTATO WHITENER 1.61

51538 CS 6/12oz MCKSPC POULTRY SEASON McCORMICK 53.99

51540 CAN 12 OZ ROSE L POULTRY SEASONING 1.61

51542 TUB 25 LBS GEL POULTRY SEASONING 36.01

51544 CAN ROSE L ROSEMARY LEAVES 1.98

51550 CS 18/3.5OZ GOYA SAZON SIN ACHIOTE 33.16

51552 CS 18/3.5OZ GOYA SAZON AZAFRAN 33.16

51553 *** 6.33 OZ GOYA SAZON CULANTRO/ACHTE 6.33oz2.21

51556 CAN 1 OZ AMBIAN SAFFRON 72.56

51558 CS 36/8 PK GOYA SAZON CON CULANTRO 30.32

51564 CAN 12 OZ ROSE L SAGE,GROUND *G 27050 2.15

51568 CS 24/12oz GOYA SOFRITO 36.82

51584 BAG 25 LB SALT *G 25020 3.02

51590 BAG 50 LB PACKER SALT 6.16

51606 CS 12/3 LB SALT, KOSHER DIAMOND 19.67

51608 BAG 80 LBS PACKER SALT COARSE 19.62

51620 BAG 25 LB SALT,ROCK 2.8

51624 CS 24/26oz KRASD SALT,IODIZED NYC 8.05

51626 CS 24/26oz SALT,IODIZED 9.3

51632 CS 24/26oz SALT,PLAIN ROUND 9.9

51640 CS 3/M HAPPY PC SALT 2.56

Page 103: Executed Contract

51652 CS 48/4 OZ DIAMND SALT SHAKERS 9.22

51668 CS 40 LB CURING SALT 40LB (SALITRA) 59.13

51670 CAN 28 OZ ROSE L SALT,SEASONING 1.76

51678 CS 12/1 LB LAWRY SALT,SEASONED 20.16

51679 *** 1/1 LB. LAWRY SALT,SEASONED 1.68

51680 CAN 1 LB OLD BAY SEASONING 5.77

51682 CS 4/5 LB ROSE L JERK SEASONING LOW SODIUM 29.03

51684 CAN 1 LB ROSE L JERK SEASONING 2.14

51686 CS 500/IND MRS. DASH, SALT FREE 31.84

51690 CS 6/6.75 MRS. DASH,14 HERBS/SPICES 32.37

51692 CS 3/21oz MRS. DASH, ORIGINAL 45.2

51694 CAN 20 OZ ROSE L SESAME SEED 2.14

51716 CS 6/10oz GEL THYME,GROUND 8.97

51718 CAN 1 LB ROSE L THYME, LEAVES 2.52

51722 CAN 13 oz ROSE L THYME,GROUND *G 270522.14

51724 BOX 25 LBS ROSE L THYME,GROUND 49.45

51726 CS 12/12oz ROSE THYME, GROUND 24.73

51730 CAN 1 LB ROSE L TUMERIC *G 27054 2.15

52028 CS 24/1 LB DOMINO SUGAR,DARK BROWN 22.74

52030 BAG 50 LB DOMINO SUGAR,LIGHT BROWN 27.14

52036 CS 24/1 LB DOMINO SUGAR,LIGHT BROWN 22.74

52038 CS 12/2 LB DOMINO SUGAR,LIGHT BROWN 21.18

52042 BAG 50 LB DOMINO SUGAR,CONFECTIONER'S 10X 33.59

52058 BAG 50 LB DOMINO SUGAR,CONFECTIONERS 6X 33.23

52060 CS 24/1 LB DOMINO SUGAR,CONFECTIONER'S 21.39

52062 CS 12/1 LB DOMINO SUGAR,SUPERFINE BAR 12.36

52084 BAG 50 LB DOMINO SUGAR,GRANULATED NYC 22.09

52086 BOX 40 LB SUGAR,GRANULATED 24.99

52090 BAG 50 LB PACKER SUGAR,GRANULATED 19.08

52092 BAG 25 LB DOMINO SUGAR,GRANULATED 12.79

52098 BDL 8/5 LB SUGAR,GRANULATED 22.74

52099 *** 1/EACH SUGAR,GRANULATED BUNDLES 2.68

52108 CS 2M SWT&LO PC SUGAR SUBSTITUTE 19.32

52109 BOX 1/M SWT&LO PC SUGAR SUBSTITUTE 6.44

52120 CS IND SW CRY PC SUGAR SUBSTITUTE NYC 8.72

52124 CS IND ELZAN PC SUGAR SUBSTITUTE 8.28

52126 CS 2M PC SPLENDA STICKS 34.1

52128 BOX 2M PC SPLENDA 29.56

52146 CS 2M EQUAL PC LO-CALORIE SWEETENER 23.6

52148 CS IND PC SUGAR SUBSTITUTE-BLUE 9.84

52158 CS IND ELZAN PC PURE CANE SUGAR PACKETS 6.83

52164 CS 3M DOMINO PC SUGAR PACKETS 1/10 11.99

52168 CS 2M DOMINO PC SUGAR PKTS ORANGE 1/10 9.02

52170 CS 2M DOMINO PC SUGAR PACKET BLUE 1/8 14.46

52182 CS 2M SUGAR IN RAW STIX 47.3

52332 CS 6/5 LB HOSP JELLY FILLED MINTS 43.11

57020 CS 6/2 KG SIROB STUFFED GRAPE LEAVES 25.8

Page 104: Executed Contract

57026 CS 24/14oz AMBROS ARTICHOKE HEARTS 8/10 38.32

57030 CS 6/3KILO ARTICHOKE HEARTS 30/40 CT 45.85

57032 CS 12/28oz PEPPERS,ROASTED RED 22.52

57034 CS 6/3KILO CASTEL PEPPERS, RED ROASTED 28.91

57042 CS 6/1 LB xxxxxx DRIED PORCINI MUSHROOMS 163.19

57043 *** 1 LB ROLAND DRIED PORCINI MUSHROOMS 27.2

57170 CS 24/8 OZ HEINZ VEGETARIAN BEANS,T/SAUCE 16.9

57230 CS 6/10 VEGETARIAN BEANS,T/S 17.58

57234 CS 6/10 G & S VEGETARIAN BEANS, LOW/SOD 17.68

57250 CS 6/10 PORK & BEANS 18.65

57310 CS 6/10 BEAN, GREAT NORTHERN 17.47

57320 CS 24/300 GREEN BEANS, CUT 11.5

57330 CS 6/10 GREEN BEANS,CUT 12.63

57334 CS 6/10 G & S GREEN BEANS, LOW SODIUM 17.36

57340 CS 6/10 GREEN BEANS,FRENCH CUT 22.7

57380 CS 6/10 ROSA REFRIED BEANS 30.98

57410 CS 6/10 WAX BEANS 16.72

57430 CS 6/10 THREE BEAN SALAD 24.73

57434 CS 12/15oz THREE BEAN SALAD 16.9

57444 CS 6/10 PINTO BEANS LO/SODIUM 17.58

57448 CS 6/10 HANOVR PINTO BEANS 17.47

57450 CS 6/10 KIDNEY BEANS, LIGHT RED 18.65

57456 CS 6/10 FURMAN BLACK BEANS LO/SODIUM 18.01

57458 CS 6/10 FURMAN BLACK BEANS 18.01

57460 CS 6/10 FURMAN KIDNEY BEANS, DARK RED 18.76

57464 CS 6/10 FURMAN KIDNEY BEANS, LOW SODIUM 19.19

57478 CS 6/10 BEANS, WHITE CANNELLINI 21.45

57570 CS 6/10 G & S BEETS, DICED LOW SODIUM 18.28

57574 CS 6/10 BEETS, DICED 19.67

57610 CS 6/10 BEETS,RED SLICED 16.93

57640 CS 6/10 BEETS,PICKLED SLICED 27.54

57642 CS 6/10 BEETS, WHOLE 21.88

57690 CS 6/10 LOHMAN CABBAGE RED 28.06

57692 CS 12/16oz RED CABBAGE, AUNT NELLIE'S 15.8

57746 CS 6/10 CARROTS,SLICED LOW SODIUM 20.26

57748 CS 6/10 CARROTS,DICED LOW SODIUM 20.26

57750 CS 6/10 CARROTS,DICED KOSHER 16.13

57780 CS 12/15oz CARROTS,SLICED 7.51

57790 CS 6/10 CARROTS, SLICED 16.13

57810 CS 6/10 CARROTS,WHOLE 180/225 26.34

57830 CS 6/10 SUNFLD PEAS & CARROTS, KOSHER 18.87

57848 CS 6/10 G & S COLLARD GREENS,LOW SODIUM16.93

57850 CS 6/10 ALLEN COLLARD GREENS, KOSHER 16.93

57854 CS 12/15oz R&W COLLARD GREENS 7.51

57856 CS 12/15oz LIBBYS SLICED BEETS 9.5

57870 CS 6/10 CORN,CREAMED 21.66

57882 CS 12/300 R&W CORN 8.56

Page 105: Executed Contract

57892 CS 24/15oz HANOVR VEGETARIAN BEANS 13.44

57902 CS 6/10 CORN,WHOLE KERNEL 19.89

57904 CS 6/10 CORN,WHOLE KERNEL LO/SOD 20.53

57920 CS 6/10 ALLEN KALE,CHOPPED 15.7

57950 CS 6/10 LIMA BEANS 22.9

57952 CS 6/10 HANOVR LIMA BEANS HANOVER 24.83

57990 CS 6/10 ALLEN MIXED VEGETABLES,KOSHER 18.92

57996 CS 6/10 G & S MIXED VEGETABLES, LOW SODIUM18.87

58070 CS 6/10 P.Q. MUSHROOMS STEMS & PIECES 32.14

58080 CS 6/10 MUSHROOMS S & P 32.14

58082 CS 6/10 KOSHER MUSHROOMS,S & P KOSHER 36.17

58190 CS 6/1.5LB GEL ONIONS,SLICED G&S *G 0703822.45

58200 CS 6/3 LB GEL ONIONS,CHOPPED 35.35

58202 CS 30 LB FINEST ONIONS, DEHYDRATED 47.3

58204 CS 6/3 LB MCKSPC ONIONS,CHOPPED McCORMICK 60.45

58220 CS 6/10 FURMAN PEAS, BLACK EYE 20

58240 CS 6/10 FURMAN CHICK PEAS KOSHER 17.95

58244 CS 6/10 FURMAN CHICK PEAS LOW SODIUM 18.43

58250 CS 24/7oz XXXXXX PEPPERS, CHIPOTLE 32.57

58260 CS 12/300 R&W PEAS, SWEET 18.35

58288 CS 6/10 SENECA PEAS,SWEET LO/SOD G&S 21.88

58290 CS 6/10 BELLA PEAS, SWEET 15

58310 CS 24 CT PIMENTOES 22.52

58320 CS 6/3KILO RUBY PIMENTOES,SPANISH 27.31

58390 CS 6/10 IMP PEPPER STRIPS MIXED 24.62

58392 CS 6 CT GEL DEHYDRATED MIXED PEPPERS 31.86

58396 CS 6/10 PEPPERS JALAPENO 20.91

58402 CS 6/10 PIZZA SAUCE 11.99

58416 CS 12/24oz HUNTS SPAG SAUCE, ONION & GARLIC 14.71

58420 CS 12/24oz HUNTS SPAGHETTI SAUCE PLAIN 12.26

58422 CS 24/300 TOMATO SAUCE 15.64

58470 CS 6/2.1 LB IDAHO POTATOES,HASH BROWNS 33.29

58474 TUB 4/4.4 NYSID PEPPER,BLACK,GROUND 81.68

58480 CS 6/10 POTATOES,GRANULATED REG. 36.01

58482 BAG 40 LB IDAHO POTATOES, MASHED DEHYDRATED34.13

58490 CS 6/10 POTATOES,GRAN COMPLETE 36.01

58502 CS 12/28oz POTATOES,PEARLS 30.09

58504 CS 25 LBS IDAHO POTATOES,INST DEHYD SLICE 35.6

58510 CS 4/5 LB POTATOES,SLICED DEHYDRATED32.79

58516 CS 25 LBS IDAHO DEHYDRATED HASH BROWN 39.53

58520 CS 6/10 POTATOES,SLICED 17.36

58550 CS 6/10 POTATOES, WHOLE WHITE 18.01

58552 CS 12/15oz IDAHO POTATOES, INSTANT MASHED 17.68

58590 CS 6/10 POTATOES,DICED 17.9

58610 CS 6/10 POTATOES,SWEET CUT 18.92

58634 CS 12/15oz ROYAL SWEET POTATOES 18.65

58648 CS 6/10 SENECA PUMPKIN 38.83

Page 106: Executed Contract

58650 CS 12/2.5 PIXIE SAUERKRAUT (U) 16.93

58658 CS 6/10 SABRET SABRETT ONIONS 44.1

58660 CS 6/10 SAUERKRAUT 19.78

58668 CS 6/10 HIRZEL SAUERKRAUT - PENN 23.38

58680 CS 6/10 ALLEN SPINACH,LEAF KOSHER 20.69

58690 CS 6/10 ALLEN SPINACH,CHOPPED KOSHER 19.35

58694 CS 6/10 G & S SPINACH,CHOPPED LOW SODIUM18.54

58760 CS 6/10 TOMATOES, WHOLE 15.38

58762 CS 6/10 11-Jul TOMATOES, GROUND 7/11 22.84

58900 CS 6/10 ANGMIA TOMATOES,CRUSHED PUREE *K 22.98

58906 CS 6/3 KG TOMATOES,ITALIAN 19.62

58910 CS 6/10 COMO TOMATOES,CRUSHED 11.99

58912 CS 6/10 FURMAN TOMATOES,CRUSHED-FURMAN 14.89

58914 CS 6/10 G & S TOMATOES,CRUSHED LOW/SOD14.51

58930 CS 6/10 TOMATOES,DICED IN JUICE 14.62

58962 CS 6/10 TOMATOES,STEWED 18.28

58980 CS 6/10 SUZYBL TOMATO PUREE 24.46

59000 CS 6/10 BELLA TOMATO PASTE 33.52

59004 CS 6/10 HEINZ POUCH TOMATO PASTE 34.25

59010 CS 6/10 ROSELF TOMATO PASTE 17.36

59016 CS 6/10 G & S TOMATO PASTE LOW SODIUM 22.58

59090 CS 6/10 HEINZ TOMATO PUREE 27.48

59100 CS 6/10 TOMATO PUREE 12.52

59106 CS 6/10 G & S TOMATO PUREE LOW SODIUM 16.13

59162 CS 6/10 HUNTS TOMATO SAUCE (K) 23.4

59170 CS 6/10 HEINZ TOMATO SAUCE 25.74

59180 CS 6/10 TOMATO SAUCE 12.52

59200 CS 6/10 TOMATOES,ZUCCHINI 35.71

59410 CS 72/8oz XXXXXX FANCY HEAT FUEL 31.86

60324 CS 11 LB ASPARAGUS STANDARD 28.5

60364 EA 1/5LB SHALLOTS PEELED 13.68

60432 CS 10 LB MUSHROOMS MEDIUM 14.82

60436 BOX 3 LB ****** MUSHROOMS, SHITAKE 10.83

60470 BAG 6oz BAG RADISHES 0.39

60490 CS 8/10 oz SPINACH 14.25

60500 CS 20 LB SQUASH, GREEN ZUCCHINI 17.1

60502 CS 20 LB SQUASH, YELLOW 18.53

60510 CS 12/14oz PANDA TOFU, SOY BEAN CURD 17.67

60520 CS 25 LB TOMATOES, 5X6 FANCY 12.83

60522 CS 25 LB TOMATOES, PLUM 18.24

60530 CS 12/PINT TOMATOES, CHERRY 18.24

60532 CS 12/PINT TOMATOES, GRAPE 11.4

60558 CS CORN-ON-COB, FRESH 14.82

60570 CS 24/BUN ****** CILANTRO 31.92

60580 CS 12/BUN BASIL, FRESH DOMESTIC 15.96

60584 TUB 5-LB BEAN SPROUTS 8.55

60590 CS 20 LB KALE, GREEN FRESH 15.96

Page 107: Executed Contract

60592 CS 20 LB COLLARD GREENS 12.54

60640 CS 24/BUN WATERCRESS PR PR238 20.52

60670 CS 12 CT MANGOES 9.12

60730 EA 1-BUNDLE SCALLIONS 1.14

61100 CS 35 LB BROCCOLI, FRESH 14 CT 20.52

61130 BAG 50 LB CABBAGE GREEN JUMBO #1 12.83

61132 CS STRING BEANS FRESH #1 22.8

61140 CS 50 LB CABBAGE RED #1 17.39

61150 BAG 50 LBS CABBAGE - WHITE 17.1

61152 BAG 40 LBS CABBAGE, CHINESE (NAPA) 26.22

61162 BAG 50 LB CARROTS, FRESH LOOSE 23.94

61164 BAG 48/1 LB ****** CARROTS- CELLO 26.22

61166 CS 30/1 LB BABY CARROTS 27.36

61180 CS 12 CT CAULIFLOWER 31.92

61200 CS 24 CT CELERY - CALIFORNIA 25.37

61262 CS 50 LB CUCUMBERS - LARGE 18.24

61268 BOX . CUCUMBERS - KIRBY 17.1

61302 CS 25 LB EGGPLANT, LARGE 18 CT 13.68

61370 CS ESCAROLE, FRESH 15.96

61412 CS 4/5 LB TAYLOR LETTUCE SALAD MIX FRESH 16.53

61416 CS 24 HEAD LETTUCE, ROMAINE 25.08

61418 CS 40 LB LETTUCE, GREEN LEAF 24 CT 17.1

61420 CS 24/HEAD LETTUCE ICEBERG, CELLO 23.09

61422 BOX 3 LB SPRING MIX LETTUCE 8.55

61424 CS 12/1 LB DOLE SALAD MIX 7.98

61426 CS 3 LB SALAD MIX 7.41

61428 CS ?? ROMAINE HEARTS 20.52

61430 BNH 1-BUNCH PARSLEY- CURLEY 0.55

61434 CS 8 LB SUN SALAD FRUIT DICED 17.39

61450 BOX . OKRA, FRESH 20.52

61460 BAG 25 LB ONIONS, RED 12.54

61462 BAG 50 LB ONIONS, SPANISH #1 18.53

61464 BAG 50 LB ONIONS SMALL 18.24

61540 CS 25 LB PRIME PEPPERS, RED "PRIMETIME" 30.78

61542 CS 25 LB PEPPERS, GREEN 15.96

61546 CS 25 LB PEPPERS - SUNTAN LARGE 9.41

61562 BAG 50 LB POTATOES RED BLISS "B" 39.9

61566 BAG 50 LB POTATOES, CHEF 20.52

61572 CS 50 CT POTATOES, IDAHO #1 50 CT 19.38

61574 BAG 50 LB POTATOES, #2 IDAHO 15.96

61578 CS 100 CT POTATOES - IDAHO 13.68

61580 CS 120 CT POTATOES- IDAHO 15.96

61582 BAG 50 LB POTATOES, RED "A" 35.34

61586 CS 5 LB POTATOES- RUSSET 18.24

61650 *** 1/BUNCH THYME - FRESH 2.27

61824 BAG 5 LBS TOMATOES, SUNDRIED 14.36

61862 BAG . TURNIPS - YELLOW 19.38

Page 108: Executed Contract

61864 BAG TURNIPS - WHITE 13.68

61880 CS 40 LB YAMS - JUMBO 12.54

61882 CS 40 LB YAMS 19.95

63010 CS 80 CT ****** APPLES GOLDEN DELICIOUS 36.48

63012 CS 100 CT APPLES GOLDEN DELICIOUS 36.48

63014 CS 120 CT APPLES MACINTOSH 27.36

63015 *** 120 CT APPLES MAC INTOSH 0.23

63016 CS 56 CT APPLES ROME 27.36

63018 CS 88 CT APPLES RED DELICIOUS 34.2

63019 *** 1/EACH APPLES WESTERN DELICIOUS 0.4

63020 CS 138 CT ****** APPLES 28.5

63022 CS 100 CT APPLES WESTERN DELICIOUS 45.03

63024 BOX 88 CT ****** APPLES GRANNY SMITH 41.04

63028 CS 100 CT ****** APPLES GALLA 45.6

63046 BOX 12 CT AVOCADO FLA 14.82

63062 CS 40 LB BANANAS ON THE TURN 19.38

63064 CS 40 LB PLANTAINS 18.81

63080 CS 8/1 PT STRAWBERRIES, FLORIDA 20.52

63082 CS CHERRIES 19.38

63084 CS 12/1 PT STRAWBERRIES, DRISCOLL'S 13.68

63092 EA 1/5LB GARLIC, PEELED 5.99

63098 CS 40 CT GRAPEFRUIT 18.81

63100 CS 23 CT GRAPEFRUIT PINK 12.54

63122 CS 18 LB GRAPES, GREEN SEEDLES 18.24

63124 CS 18 LB GRAPES, RED SEEDLESS 30.78

63150 CS 140 CT LEMONS 39.9

63152 CS LIMES 22.8

63154 BAG 1 DOZEN LEMONS 3.42

63156 BAG 1 DOZEN LIMES 74.1

63157 *** 1/EACH LEMONS SUNKIST 74.1

63184 CS 6 CT HONEYDEWS 6 CT 13.68

63190 CS 15 CT CANTALOUPE 20.52

63202 CS 108 CT KIWI 108 CT 21.66

63204 CS STAR FRUIT/CARAMBOLA 11.4

63242 CS 100 CT ORANGES FLORIDA - 100 CT 25.08

63244 CS 125 CT ORANGES FLORIDA - 125 CT 25.08

63246 CS 72 CT ORANGES SUNKIST - 72 CT 30.78

63248 CS 56 CT ORANGES 30.78

63250 CS 88 CT ORANGES SUNKIST - 88 CT 28.5

63252 CS 113 CT ORANGES, SUNKIST - 113 CT 22.8

63254 CS 138 CT ORANGES, CH FRESH 17.1

63258 CS TANGELOS 27.65

63260 CS 176 CT TANGERINES 176CT 25.08

63280 CS 56/60CT PEACHES 18.24

63284 CS 80/84CT NECTARINES 80/84 CT 18.24

63300 CS 80 CT PEARS ANJOU 47.88

63302 CS 80 CT PEARS BARTLETT 45.6

Page 109: Executed Contract

63322 CS 6 CT PINEAPPLE 15.96

63340 CS BOX FRESH PLUMS LARGE 17.1

63342 CS 125 CT PEARS, BOSC 34.2

63404 EA LARGE WATERMELON, SEEDLESS 7.98

65300 CS 6000 CT SOFTOU NAPKIN LUNCHEON 12X12 27.49

65302 CS 3000 CT CAPTIV NAPKIN DINNER 2 PLY 15X17 27.54

65306 CS 12/100CT NAPKIN DINNER 2P 15X17 26.46

71380 CS 24/500 STRAWS WRAPPED CLEAR 31.05

71381 *** SLEEVE STRAWS WRAPPED CLEAR 1.3

75330 CS 200 CT TAKE-OUT BOX 28.08

75332 CS PLASTIC SERVING SPOON 20.52

75334 CS 25CT STKMAT 16" BLACK CATERING TRAY 25.38

75340 CS 3000 CT PAPER HOT DOG HOLDER 35.1

75342 CS 1000 CT TRAY, 1/2 50# 15.07

75344 CS 25CT STKMAT 12" BLACK CATERING TRAY 17.93

75350 CS 1000 CT BAGS POLY 4X2X8 4.86

75354 BUN 1000 CT BAGS WHITE # 16 34.02

75362 CS 8/500CT BAGS WHITE #5 48.06

75363 BUN 500 CT BAGS WHITE #5 6

75364 CS 8/500CT BAGS BROWN #4 48.6

75365 BUN 500 CT BAGS BROWN #4 6.08

75368 BUN 1000 CT BAGS WHITE # 20 43.58

75370 CS 2/500CT 75372 BAGS BROWN #20 28.46

75371 BUN 500 CT BAGS BROWN #20 14.23

75372 CS 2/500CT BAGS BROWN #16 31.16

75373 BUN 500 CT BAGS BROWN #16 15.58

75374 CS 250 CT BAGS SHOPPING I LOVE NY 1/6 7.29

75376 CS 4/500 BAGS, WHITE #2 81

75377 BUN 500 CT BAGS, WHITE #2 81

75380 CS 4/500CT BAGS BROWN #8 36.07

75381 BUN 500 CT BAGS BROWN #8 9.02

75382 CS 2/500CT ****** BAGS BROWN #12 23.76

75383 BUN 500 CT BAGS BROWN #12 11.88

75386 CS 2/500CT ****** BAGS WHITE #12 37.69

75388 CS 1/6 BAGS SHOPPING (THANK YOU) 5.67

75390 CS 24/400 STRAWS FLEX WRAPPED 7.75 48.06

75398 CS 12/500 WAX PAPER JUMBO 15X10.75 53.46

75400 CS 24/15 CT DELTA TALL KITCHEN GARBAGE BAGS 12.44

75402 CS 6/45 CT GLAD GLAD TALL KITCHEN BAGS 41.02

75406 CS 150 CT SANDWICH BAG 5.11

75408 CS 500 CT DOGGIE BAGS 41.23

75412 CS 500 CT POLY BAGS 12X8X30 38.88

75754 CS 10/1000 STIRRER RED 5" 12.42

75756 CS 10/1000 ****** STIRRER BLACK 5" 9.96

75806 CS 50/50CT GUEST CHECKBOOK W/CARBON 23.6

75810 CS 27/75ct KLEENX TISSUE, FACIAL KLEENEX 49.53

75812 CS 5000 CT GUEST CHECKS 1 PART W/CARB 20.84

Page 110: Executed Contract

75826 CS 96/500' SCA/TO BATH TISSUE 2 PLY 4.5X3.75 36.94

75828 CS 96/500' HI-VAL TOILET TISSUE 2 PLY 26.46

75830 CS 12x1000 1 PLY TOILET TISSUE 9" 1 PLY 18.31

75832 CS 20/1000 KRASDL TOILET TISSUE 1-PLY I/W 10.25

75834 CS 12x1000 2 PLY TOILET TISSUE 9" 2 PLY 18.31

75850 CS 1000 CT PAN LINERS 16X24 34.83

75852 CS 55 GAL GARBAGE LINERS BLACK 22X16X589.18

75858 CS 50/8 PK ****** GRIDDLE SCREEN 4X5.5" 59.83

75859 PKG 8 CT GRIDDLE SCREENS 1.2

75862 CS 1000 16 GAL LINER TRASH 24X33 8 MIC NAT 17.96

75864 CS 100 LINER TRASH 38X58 HVY DUTY 17.17

75866 CS 100 LINER TRASH 38X58 HVY DUTY 27.43

75868 CS 100 LINER TRASH 40X46 HVY DUTY 14.36

75886 CS 100 CT GARBAGE LINERS CLEAR 40X46 19.98

75888 CS 100 CT GARBAGE LINERS HD 46 GAL 28.08

75890 CS 24/15 CT DELTA ZIPLOC GALLON BAGS 13.74

75892 CS 24/50 CT DELTA SANDWICH BAGS ZIP 11.15

75896 CS 100 CT ZIPLOC FREEZER BAG 2 GALLON 34.06

75928 CS 10/100 GLOVES POLY LARGE 72.36

75929 *** 1/100 GLOVES POLY LARGE 1 SLEEVE 7.24

75962 CS 80 CT 55 GAL GARBAGE LINERS RECY.BLUE 55GL15.66

75964 CS 100 CT GARBAGE LINERS CLEAR 40X48 19.98

75966 CS 200 CT GARBAGE LINERS 38X60 CLEAR 16.24

75968 CS 100 CT GARBAGE LINERS CLEAR 40X48 17.84

75974 CS 10/100 GLOVES VINYL MEDIUM 25.38

75975 *** 1/100CT GLOVES LATEX MEDIUM 2.54

75976 CS 10/100 GLOVES VINYL LARGE 25.38

75977 BOX 100 CT GLOVES VINYL LARGE 2.54

75980 CS 10/100 GLOVES LATEX LARGE 45.31

75981 BOX 1/100CT GLOVES LATEX LARGE 4.54

75982 CS 10/100 GLOVES, LATEX XL 46.39

75983 *** PC GLOVES, LATEX XL 4.64

75988 CS 1000 CT NYSIB GLOVE LG SYNTHETIC PD FREE 37.8

76014 CS 10M NAPKIN DISPENSER TALLFOLD 24.84

76030 CS 8000 CT NAPKIN DISPENSER LOWFOLD 17.28

76034 CS 4000 CT NAPKIN WHITE BEVERAGE 10.58

76042 CS 8/400 CT NAPKINS, WHITE,1PLY 12X11.6 25.32

76058 CS 16/250ct TOWEL MULTIFOLD WHITE 9X9 14.58

76064 CS 12 CT HI-VAL TOWEL ROLL WHITE 7.75X350 17.77

76066 CS 12/350' TOWEL ROLL BROWN 12/350 14.58

76068 CS 6/600ct TOWEL CENTER PULL 600' 19.39

76072 CS 12 CT TOWEL, TERRY 8.82

76074 CS 4/31 CT FITTI DIAPERS, #4 22.9

76078 CS 8/80 CT HUGGIE WIPES, BABY 22.14

76080 CS 2400 CT TOWEL C-FOLD WHITE 13.5

76086 CS 30 CT CAPTIV TOWEL PAPER 13.99

76092 CS 15 CT BOUNTY PAPER TOWELS 15 CT BUNDLE 18.13

Page 111: Executed Contract

76094 CS 6/800 FT NYSID PAPER TOWEL ROLL 17.49

76096 CS 210 CT TOWEL ROLL PERF 11X19 2PLY 15.12

76098 CS 500 CT CONTAINER FOAM 5 COMPARTMENT23.81

76108 CS 500 CT ALUMINUM PAN 8" ROUND 42.56

76124 CS 4/125 CT DIXIE PLATE, PAPER HVYWT 8.5" 23.76

76132 CS 4000 CT 3 OZ DELI CONT W/LID 41.58

76134 CS 250 CT CUP SOUP PAPER 16oz COMBO 48.06

76136 CS 250 CT CUP SOUP PAPER 12oz COMBO 39.96

76142 CS 1000 CT PLATE, PAPER 9" 14.31

76150 CS 2/250CT PACTIV ALUMINUM PAN 7" ROUND 22.11

76152 CS 1200 CT PLATE PAPER COATED 9" 22.29

76160 CS 1000 DART PLATE FOAM 6" 15.34

76162 CS 500 CT PLATE FOAM 9" 12.67

76172 CS 24/1 RED WINE GLASS 8.5OZ #3754 77.51

76178 CS 2400 CT SOLO CUP PAPER CLD WXD 8oz SYMPH71.93

76180 CS 1000 CT CAPTIV CUP, 16 OZ HOT PAPER CUP 44.3

76186 CS 5000 CT LIDS, 1 OZ SOUFFLE 22.09

76190 CS 2500 CT FABRIK LID PORTION CUP 2 OZ 25.87

76192 CS 2500 CT LIDS, 3.25 OZ SOUFFLE 34.56

76194 CS 1000 CT CAPTIV CUP, 8 OZ HOT PAPER CUP 25.96

76198 CS 25/100 CUP PLASTIC 5 OZ 35.8

76200 CS 2500 CT CUP PORTION PLASTIC 3.25 OZ 41.96

76202 CS 2500 CT CUP PORTION PLASTIC 2 OZ 26.95

76206 CS 2500 CT CUP PLASTIC 7 OZ 42.93

76208 CS 2500 CT CUP, PLASTIC 9 OZ 58

76212 CS 1000 CT CUP, FOAM 12 OZ 12J12 23.06

76214 CS 1000 CT CAPTIV CUP, 10 OZ HOT PAPER CUP 30.92

76216 CS 500 CT CUP, FOAM 12 OZ SQUAT 12SJ2018.58

76218 CS 1000 CT LID HOT CUP FOAM 12 OZ 12FTL13.12

76224 CS 1000 CT LID DOME,KAL-CLEAR 12/14OZ 51.84

76232 CS 1000 CT SOLO CUP, HOT POLY 8oz JAZZ 26.46

76238 CS 1000 CT 948 B MICRO COMBO 47.24

76240 CS 500 CT LID DOME 9" 18.14

76246 CS 500 CT LID DOME 8" 15.58

76248 CS 1000 CT DART LID, 6JL 10.31

76254 CS 1000 CT LID FOAM 20OZ 20JL 18.84

76272 CS 1000 CT CUP, FOAM 24 OZ 24J24 24.41

76274 CS 1000 CT DART CUP FOAM 16 OZ 16J16 33.48

76276 CS 500 CT ****** PLATES PAPER 9" SYMPHONY 29.43

76278 CS 2000 CT CUP, COLD PAPER 9 OZ SYMPHONY78.84

76588 CS 1000 CT DART LID PLAS STRAW SLOT 12-24oz 26.24

76590 CS 200 CT DARNEL CONTAINER FOAM 3 COMP 13.5

76594 CS 200 CT HOAGIE TRAY HINGED 13X4X3 50.76

76596 CS 200 CT CONTAINER FOAM HINGE 9X9 13.5

76598 CS 500 CT LID FLAT ROUND 7" 10.8

76600 CS 500 CT CONTAINER FOAM 6X6X3 19.28

76602 CS 1000 CT LID HOT CUP 10/12/16 OZ 17.82

Page 112: Executed Contract

76606 CS 250 CT 8oz DELI COMBO 23.62

76610 CS 250 CT 16oz DELI COMBO 23.62

76614 CS LID FLAT ROUND 8" 18.88

76620 CS 1000 CT DART LID PLASTIC - FITS CUP 8J8 9.72

76622 CS 1000 CT CUP FOAM 6 OZ 6J6 15.2

76624 CS 150 CT DART FOAM HINGED 3-COMP CONT 12.98

76626 CS 500 CT 8X8 CLEAR HINGE CONTAINER 34.56

76628 CS 500CT FOAM HINGED TRAY 9X6X3 13.5

76630 CS 1000 CT DART CUP FOAM 8 OZ 8J8 16.52

76632 CS 500 CT ****** PLATE COVER 9" 54.98

76706 CS 1250 CT FOAM BOWL 5 OZ 16.52

76718 CS 1000 DART BOWL FOAM 12 OZ 12BWWC 13.93

76924 CS 500 CT PLATE PLASTIC 9" 29.48

76926 CS 500 CT LID FLAT ROUND 9" 16.2

77024 CS FORKS PLASTIC 5.02

77026 CS FORKS PLASTIC-HEAVY 15.07

77028 CS KNIVES PLASTIC 5.02

77032 CS TEASPOON PLASTIC 5.02

77034 CS KNIVES PLASTIC-HEAVY 15.5

77036 CS 1M SOUP SPOON PLASTIC 5.02

77040 CS 5/100 CT BERRY KIT, DIET 2pc BLUE 48.81

77410 CS 24 CT CAPTIV ALUMINUM FOIL 18"X37.5 FT 18.34

77412 CS 24 CT CAPTIV ALUMINUM FOIL 12"X75 FT 28.94

77414 CS 12/200 FOIL SHEET 9X10.75 38.83

77416 CS 12/200 FOIL SHEETS 12x10.75 43.15

77420 BOX 500 FT ALUMINUM FOIL 18"X500 15.55

77424 BOX 1000 FT METRO ALUMINUM FOIL 12" 19.28

77428 BOX 500 FT ALUMINUM FOIL HEAVY 18" 22.14

77430 CS 50 CT ALUM PAN FULL SIZE DEEP 28.03

77432 CS 100 CT ALUM PAN 1/2 SIZE DEEP 17.28

77434 CS 50 CT ALUM LIDS FULL SIZE 14.53

77436 CS 100 CT ALUM LIDS 1/2 SIZE 12.85

77438 CS 100CT HALF PAN MED 6112E 22.81

77440 CS 500 CT LID DOME 7" 11.38

77442 CS 40CT ALUMINUM PAN FULL MED 612032.28

77444 CS 80CT FULL PAN ALUM LIDS 80CT 32.15

77458 CS 500 CT ALUMINUM PAN 9" ROUND 39.25

77480 CS 2/16.6 ROYAL CHARCOAL BRIQUETS 13.66

77482 CS 12/32oz CHARCOAL LIGHTER FLUID 22.46

77488 BAG 8.8LB ROYAL NATURAL WOOD CHARCOAL 100%10.67

77594 BOX 2M PLASTIC FILM 12X2000 8.45

77598 BOX 2M PLASTIC FILM 18X2000 11.69

77600 ROL 18" PALLET STRETCH WRAP 7.55

77602 BOX 3M - 18" DARNEL PLASTIC FILM PVC 18X3000ft 20.25

77712 CS 250 CT CUTLERY KIT WET NAP 95L 17.28

77716 CS 1M WET NAP 1M 7.29

77718 CS 250 CT CUTLERY KIT K-S-F-N 16.74

Page 113: Executed Contract

78006 EA ****** TWINE CONES COTTON 6.75

78008 EA ACS MOPHEAD WHITE #32 3.11

78010 CS 12/32oz AMMONIA, LEMON 9.45

78014 CS 12/32 FANTASTIK TRIGGER SPRAY 19.33

78016 CS 12/32 MULTI/PURP CLEANER TRIGGER 8.04

78018 EA 14"HEAD BROOM,YELLOW CORN 6.75

78020 CS 12 CT ****** URINAL BLOCKS WITH SCREEN 16.15

78032 CS TWINE POLY 850' 21.06

78034 CS 40LB ****** WOOD SHAVINGS 9.61

78036 CS 12/32 MURPHY OIL SOAP 35.69

78046 CS 6/1 GAL AUSTIN BLEACH "101" 7.67

78060 CS 24/21oz AJAX** POWDER CLEANSER 19.05

78062 CS 4/1 GAL UNIFIE DEGREASER, WIPE AWAY 14.18

78064 CS 4/1 GAL UNIFIE LIKE MAGIC DEGREASER 22.68

78068 CS 4/1 GAL CORCRA LIMEAWAY DELIMER 32.4

78108 CS 4/1 GAL UNIFIE OVEN CLEANER WIPE AWAY 16.44

78122 CS 12/13 SAFE OVEN CLEANER HEAVY DUTY 31.05

78124 CS 6/19 MUSCLE OVEN CLEANER SPRAY 34.99

78126 CS 12/26oz WINDEX WINDEX W/ TRIGGER 36.54

78144 CS 4/1 GAL UNIFIE PINE OIL DISINFECTANT 10.41

78146 CS 4/1 GAL LAUNDRY DETERGENT 18.14

78152 CS 4/1 GAL UNIFIE GLASS CLEANER 11.9

78153 *** 1/1 GAL UNIFIE GLASS CLEANER 2.98

78444 CS 12/10CT BRILLO LARGE SOAP PADS 18.31

78446 CS 6/10 CT ****** SCRUBBER PAD GREEN 6X9 13.5

78447 *** 1/10 ct SCRUBBER PAD GREEN 2.25

78448 CS 6/12 CT ACS STEEL SCRUBBER PADS 16.15

78449 BOX 12 CT ACS STEEL SCRUBBER PADS 2.69

78450 CS 16/100 WOODEN SKEWERS 6" 4.86

78454 CS 1000 CT PLACEMAT, JADE 10X14 18.36

78455 BOX 1M TOOTHPICK ROUND 1.84

78578 CS 12/28 OZ SPIC&SPAN ALL PURP CLEANER 8.04

78580 CS 4/1 GAL CORCRA AUTO DISHWASHER DETERGENT75.6

78584 CS 9/45oz CASCADE LIQUID LEMON 28.73

78586 CS 12/25oz DELTA DISH WASHER SOAP 9.53

78588 CS 12/7.5OZ DELTA HAND SOAP ANTI-BACTERIAL 6.87

78590 CS 6/7.5 OZ IVORY IVORY PUMP SOAP 7.05

78592 CS 25/14oz JOY JOY LIQUID 23.44

78596 CS 4/1 GAL AA-SUD DISH DETERGENT GREEN-SPEEDY32.89

78597 *** 1/1 GAL EZ SUD GREEN POT & PAN 8.22

78598 CS 4/1 GAL UNIFIE LAVENDER FLOOR SCRUB SOAP 15.17

78600 CS 25 LB CAVALR SOAP BEADS HI ACTIVE 19.23

78610 CS 6/75oz SUNLIGHT LIQUID DISHWASH 24.58

78612 CS 12/12 OZ DELTA BODY WASH 7.78

78614 CS 12/12oz DELTA BODY WASH & DEODERIZER 7.78

78616 CS 4/1 GAL UNIFIE DISH DETERGENT PINK 13.61

78617 *** 1/1 GAL. UNIFIE DISH DETERGENT PINK 3.4

Page 114: Executed Contract

78618 CS 4/1 GAL BODY WASH REFILL 17.28

78624 CS 12/32 OZ DELTA CLEANER WITH BLEACH 9.33

78626 CS 6/14oz H&S SHAMPOO,CLASSIC CLEAN 2in1 16.1

78628 CS 12/35 CT DELTA CLOROX WIPES, DISINFECTANT 7.81

78630 CS 6/1.7oz DEODORANT, SOLID REGULAR 5.9

78634 CS 12/8.5oz DELTA MOUTH WASH, ANTI-SEPTIC 7.91

78636 CS 6/7oz MENNEN AFTER SHAVE, SKIN BRACER 22.49

78638 CS 12/19 OZ DELTA DISINFECTING SPRAY,AEROSOL 10.24

78926 CS 6/50oz LAUNDRY DETERGENT/BLEACH 10.04

78928 CS 4/4 LB ECOLAB LAUNDRY DETERGENT SOLID 17.09

78930 CS 25 LB SEATEX LAUNDRY DETERGENT PWDR T/L13.5

78932 CS 6/50oz TIDE LIQUID TIDE HE 51.03

78934 CS 12/40ct BOUNCE BOUNCE FABRIC SHEETS 27.53

78936 CS 4/100oz ALL DETERGENT,LIQUID ALL 2X 39.36

78938 CS 4/20 CT A&H LAUNDRY DETERGENT PACKS 17.24

78940 CS 50 LB LAUNDRY DETERGENT POWDER 19.44

78942 CS 12/40ct DELTA FABRIC SHEETS 7.78

78950 CS 100 CT PLASTIC APRON 7.06

79216 BAG 40 LB ****** ECONO DRY ABSORBENT 9.94

80020 EA 10"CAKE A/B CHOCOLATE MOUSSE - CUT 16 21.5

80028 EA 7" CAKE A/B CHOCOLATE MOUSSE-SUGAR FREE11.83

80040 EA 10"CAKE A/B TIRAMISU - CUT 16 21.5

80044 EA 10"CAKE A/B TIRAMISU - WHOLE 21.5

80136 BOX 12 / BX C/T AMBROSIA CHOCOLATE HEARTS 17.42

80138 BOX 12/BOX C/T 3" AMBROSIA X-MAS TREES 17.42

80196 EA 12" PIE XX A/M KEYLIME PIE - CUT 23.36

80200 EA 12" PIE A/M REESE'S PEANUTBUTTER-CUT 27.37

80202 EA 10"CAKE A/M SOUR CRM COFFEE BUNDT-WHOLE15.64

80236 EA 12"TART B/P BOURBON PECAN TART-WHOLE 22.02

80256 EA 10"CAKE B/P CHOCOLATE TRUFFLE-WHOLE 20.24

80260 EA 12/4" B/P CHOCOLATE TRUFFLE 17.22

80264 EA 7" CAKE B/P CHOCOLATE TRUFFLE-WHOLE 9.99

80268 EA 12/3.5" B/P CHOCOLATE SAUCY CAKE 19.66

80270 EA 6" CAKE C/T RED VELVET CAKE 7.53

80276 EA 12 /BOX C/T IND. AMARETTO 18.06

80292 EA 24 BARS B/P LEMON BARS-3"X3" SCORED 19.62

80324 EA 24 BARS B/P OATMEAL RASP 3"X3"-SCORED 19.62

80356 EA 10"TART B/P RASPBERRY ALMOND TART-WHOLE14.08

80360 EA 10"TART B/P RASPBERRY ALMOND TART-CUT 14.63

80364 EA 12"TART B/P RASPBERRY ALMOND TART-WHOLE22.02

80368 EA 8" TART B/P RASPBERRY ALMOND TART-WHOLE9.64

80400 EA 10"CAKE B/P CHOCOLATE TRUFFLE - CUT 14 20.23

80404 EA 13"CAKE C/A APPLE STRUDEL 12.13

80408 EA 13"CAKE C/A CHERRY CHEESE STRUDEL 15.15

80420 EA 9" CAKE C/E 4011 MIDNIGHT LAYER -WHOLE 20.75

80424 EA 9" CAKE C/E 4012 MIDNIGHT LAYER -CUT 21.96

80428 EA 9" CAKE C/E 4013 CARROT LAYER CAKE-CUT 19.5

Page 115: Executed Contract

80440 EA 10" PIE C/E 4029 PECAN PIE - WHOLE 13.79

80448 EA 10"TART C/E 4045 D.D APPLE TARTE-WHOLE 17.37

80452 EA 10"TART C/E 4046 DEEP DISH PEACH-WHOLE 17.37

80460 EA 10"CAKE C/E 4053 MISS FUDGE CAKE-WHOLE 20.44

80468 EA 10"CAKE C/T CARAMEL FUDG PECAN-CUT 18.01

80470 BOX 24/BOX C/E 4609 IND. CARAMEL FUDGE PECAN46.17

80480 EA 10"TART C/E 4096 DEEP DISH VERY BERRY 17.37

80484 EA 10"CAKE C/E 4105 P.B CHOC FUDGE-WHOLE 20.44

80492 EA 10"CAKE C/E 4116 CARAMEL FUDGE PEC-WHOLE20.77

80504 EA 10"CAKE C/E 4141 PEA-BUTTER BLAST-CUT 20.39

80506 BOX 24/BOX C/E 4611 PEA-BUTTER BLAST IND 46.17

80508 BOX 24/BOX C/E 4613 IND. VARIETY PACK 24/BX 44

80520 EA 7" CAKE C/T 4304 MIDNIGHT LAYER-WHOLE 10.21

80536 EA 9" CAKE C/E 4707 CHOC FUDGE CAKE-CUT 16.04

80544 EA 6" TART C/E 5091 VERY BERRY TART-WHOLE 5.51

80546 CS 24/3" C/E 4627 KEYLIME TORTE 54.29

80548 EA 6" TART C/E 5094 PEACH TART-WHOLE 5.51

80550 CS 24/3" C/E 4621 BLKBRY PEACH TART IND 49.15

80554 EA 10"CAKE C/E 4142 CHOCOLATE MADNESS -CUT20.39

80560 EA 10"CAKE C/T STRAWBERRY SHORTCAKE - WH 16.13

80570 BOX 12 /BOX C/T IND. RED VELVET 18.06

80572 BOX 12 /BOX C/T IND. KEY LIME 18.06

80604 CS 4/1.5LB C/F 6 LB. CANNOLI CREAM 18.28

80620 CS 48/BOX C/F LARGE CANNOLI SHELLS 13.98

80636 CS 120/BOX C/F SMALL CANNOLI SHELLS 25.8

80648 CS 140/1.5 C/I CLASSIC CHEESECAKE ASST. 71.91

80660 CS 140/BOX C/I 1.75" BANQUET BOUNTY TARTS 81.61

80664 BOX 24/2.25 C/I 3000E SUBLIME ASST. TARTS 17.05

80666 CS 210CT C/I 1.5" FLUTED PASTRY SHELL 38.7

80668 CS 144 CT C/I 3.25" PUFF PASTRY TARTLET 57.64

80670 CS 160CT C/I 2.5" FLUTED PASTRY SHELL 52.42

80672 CS 192 CT C/I AMUSETTE 790.75 52.69

80676 CS 192 CT C/I IRIS CUP 717.70.192 40.76

80716 EA 24/2.25 C/I LEMON TARTS 15.38

80728 EA 8/3.75" C/I LINZER TARTS H055 13.71

80738 EA 8/3.75" C/I CHOCOLATE DECADENCE TARTS 12.09

80752 EA 8/3.75" C/I RASPBERRY CHEESE TARTS 13.71

80756 CS 180 CT C/I 2.75" PUFF PASTRY TARTLETT 57.22

80768 CS 192/CS C/I 1.75" TART SHELLS 41.45

80808 CS 72/1 OZ C/K 001 PEANUT BUTTER COOKIES 14.35

80898 CS 5 LB/BX C/K 111 MINT MILANO 15.36

80992 CS 5 LB/BX C/K 175 LEMON CREME SANDWICH 15.36

81060 CS 640/.5 C/K A01 CHOCOLATE CHIP .5 OZ 37.36

81068 CS 640/.5 C/K A05 OATMEAL RAISIN .5 OZ 37.36

81072 CS 640/.5 C/K A06 CHOC CHOC CHIP .5 OZ 37.36

81076 CS 640/.5 C/K A17 OLD FASHION SUGAR .5OZ 37.36

81084 CS 2 TRAYS C/K BB10 CHOC BROWNIE 12X18 30.81

Page 116: Executed Contract

81088 CS 2 TRAYS C/K BB20 12X18 PECAN BROWNIE 32.96

81092 CS 2 TRAYS C/K BB30 12X18 CHEESE BROWNIE 30.81

81096 CS 2 TRAYS C/K BB40 12X18 BLONDIE 30.81

81112 CS 48/BOX C/K BW10 WRAPPED-CHOC BROWNIE32.36

81116 CS 48/BOX C/K BW20 WRAPPED-PEC BROWNIE 32.36

81124 CS 48/BOX C/K BW40 WRAPPED-BLONDIE 32.36

81132 CS 2 TRAYS C/K CC10 12X18 CRUMB CAKE 34.15

81148 CS 213/1.5 C/K D6000 CHOC CHUNK 42.14

81152 CS 213/1.5 C/K D6015 DOUBLE CHUNK 42.14

81188 CS 240/1.3 C/K DS612 COCONUT PECAN 51.87

81208 CS 213/1.5 C/K E03 BUTTERSCOTCH PECAN 47.89

81216 CS 213/1.5 C/K E05 OATMEAL RAISIN COOKIES 41.66

81220 CS 213/1.5 C/K E06 CHOC WHITE CHIP 41.66

81224 CS 213/1.5 C/K E08 PEANUT BUTTER COOKIES 47.89

81228 CS 213/1.5 C/K E10 CHOC CHIP W/ PECANS 47.89

81232 CS 213/1.5 C/K E11 CHOCOLATE CHIPS COOKIES41.66

81236 CS 213/1.5 C/K E12 COCONUT PECAN 51.87

81240 CS 213/1.5 C/K E40 MAC NUT W/ WHITE CHIPS 48.54

81244 CS 213/1.5 C/K E50 SUGAR COOKIES 41.66

81248 CS 213/1.5 C/K E55 M&M COOKIES 47.09

81252 CS 213/1.5 C/K E65 CHERRY W/ WHITE CHIP 51.87

81256 CS 213/1.5 C/K E75 CRAN WHITE CHIP 51.87

81260 CS 213/1.5 C/K E80 ORANGE CRAN OAT 51.87

81272 EA 24/2.25 XX C/I PUMPKIN CARAMEL TARTS 13.43

81280 CS 10 CT C/I 7" PASTRY SHELL 13.56

81292 CS 320/1oz C/K I11 CHOCOLATE CHIP 41.66

81294 CS 80/4 OZ C/K L40 MAC NUT WHITE CHIPS 48.54

81296 CS 80/4 OZ C/K 18008 PEANUT BUTTER CHIPS 47.89

81298 CS 80/4 OZ C/K L05 OATMEAL 41.66

81300 CS 80/4 OZ C/K L11 CHOCOLATE CHIP 41.66

81302 CS 2/8 LB C/K MB05 CARROT H/H MUFFIN BATTER28.49

81304 CS 2/8 LB C/K MB04 CHOC MUFFIN BATTER 28.49

81306 CS 2/8 LB C/K MB07 BANANA NUT MUF BATTER28.49

81308 CS 2/8 LB C/K MB01 BLUEBERRY MUFFIN BATTER28.49

81310 CS 2/8 LB C/K MB03 CORN MUFFIN BATTER 28.49

81312 CS 2/8 LB C/K MB02 CRAN/ORANGE MUF BATTER28.49

81314 CS 2/8 LB C/K MB06 DOUBLE CH/CHIP MUF BATTER28.49

81316 CS 2/8 LB C/K MB09 RAISIN BRAN MUF BATTER28.49

81318 CS 2/8 LB C/K MB14 APPLE CINN MUFFIN BATTER28.49

81322 CS 2/8 LB C/K MB12 CAPPUCCINO MUF BATTER28.49

81326 CS 2/8 LB C/K MB15 MAND ORANGE MUFFIN BATTER28.49

81330 CS 5 LB BX C/K MB10 VANILLA POUND MUF BATTER28.49

81336 CS 5 LB BX C/K RB05 ASSORTED RUGG 25.4

81348 CS 4DRAWER C/K COOKIE DISPLAY CASE 41.07

81368 CS 2 - 12" C/P APPLE STRUDEL 27.52

81370 EA 10"CAKE C/P AMBROSIA CAKE - CUT 16 17.2

81372 EA 10"CAKE F/R STRAW SWIRL CHEESE - CUT 13.98

Page 117: Executed Contract

81380 EA 10"CAKE C/T BLACK FOREST - CUT 10.75

81420 EA 10"CAKE C/P CHOCOLATE AMBROSIA-WHOLE 20.59

81446 BOX 18 CNT XX C/P KROCANT ROLLS 18/BOX 21.93

81448 BOX 48 CNT C/P DELUXE PETIT FOURS 31.55

81450 BOX 12 CNT XX C/P RASPBERRY PUFF PRETZELS 12/BX13.87

81452 EA 10"CAKE C/P OPEN APPLE TORTE-CUT 16 22.52

81466 BOX 48-CT XX C/T DULCE DE LECHE 1/2-SHEET 45.15

81484 CS 24 BOX C/P MINI CREAM PUFFS 13.12

81488 CS 30 BOX C/P MINI DELITES-ASST TARTS 15.75

81492 CS 30 BOX C/P MINI NAPOLEONS 16.34

81496 CS 36 BOX C/P MINI PASTRIES CONTINENTAL 27.41

81500 CS 30 BOX C/P MUD BALLS 16.45

81564 CS 3-12" C/P SEVEN LAYER LOG 35.91

81680 EA 10"CAKE F/R CHOC SWIRL CHEESE - CUT 13.98

81682 EA 10"CAKE F/R NEW YORK CHEESECAKE-WHOLE11.83

81720 BOX 12 /BOX C/T IND. CARAMEL APPLE COBBLER 18.06

81748 BOX 12 /BOX C/T IND. CHAMPAGNE 18.06

81760 BOX 12 /BOX C/T IND. MANGO MOUSSE 18.06

81764 BOX 12 /BOX C/T IND. CARROT DELIGHT 18.06

81768 BOX 12 /BOX C/T IND. DULCE DE LECHE 18.06

81772 BOX 12 /BOX C/T IND. TRIPLE CHOCOLATE 18.06

81776 EA 12 /BOX C/T IND. CHOCOLATE ROYALE 18.06

81780 BOX 12 /BOX XX C/T IND. BERRY "BOSCO" TARTS 18.06

81782 BOX 12 /BOX C/T IND. BLACK CORAL 18.06

81784 BOX 12 /BOX C/T IND. COFFEE LATTE 18.06

81786 BOX 12 /BOX C/T IND. RASPBERRY MOUNDS 18.06

81788 BOX 16/BOX C/T CHOCOLATE LAVA 22.58

81790 BOX 12 /BOX C/T 4" DEEP DISH PECAN PIE 18.71

81804 BOX 12 /BOX C/T IND. TIRAMISU 18.06

81852 BOX 5 LB BX F/R ASST ITALIAN BUT'R COOKIES 19.35

81856 EA 10" PIE F/R APPLE CRUMB PIE 6.18

81864 EA 10" PIE F/R WILD BLUEBERRY PIE 6.18

81868 EA 10" PIE F/R BOSTON CREAM PIE 6.18

81874 EA 10"CAKE C/T BLACK & WHITE - CUT 14 12.9

81882 EA 10" PIE F/R CHERRY PIE 6.18

81888 EA 10" PIE F/R CHOCOLATE CREAM PIE 6.18

81916 EA 10" PIE F/R COCONUT CUSTARD PIE 6.18

81918 EA 10" PIE F/R KEYLIME CREAM PIE 6.18

81928 EA 10" PIE F/R LEMON MERINGUE PIE 6.18

81932 EA 10"CAKE F/R N.Y. CHEESECAKE-CUT16 11.83

81934 EA 10"CAKE F/R N.Y. CHEESECAKE-CUT14 11.83

81936 EA 10"PIE F/R MA'S OLD FASHIONED APPLE 6.18

81940 EA 10"PIE F/R SOUTHERN PECAN 7.53

81942 EA 10" PIE F/R PEACH PIE 6.18

81944 EA 10"PIE F/R PUMPKIN PIE 6.18

81952 EA 10"PIE F/R STRAWBERRY RHUBARB 6.18

81956 EA 10"PIE F/R SWISS CHOCOLATE ALMOND 6.18

Page 118: Executed Contract

81972 EA 10"CAKE C/T CARROT - CUT 16 10.75

81988 CS 24 BOX C/T CHOC W/ CHOC CUPCAKE 20.64

81992 CS 24 BOX C/T CHOC CUPCAKE W/ VANILLA 20.64

81996 CS 24 BOX C/T VANILLA CUPCAKE W/ CHOC 20.64

82000 CS 24 BOX C/T VANILLA W/ VANILLA CUPCAKE 20.64

82002 CS 24 BOX C/T RED VELVET CUPCAKE 20.64

82038 BOX 12 /BOX C/T PRADA 18.06

82040 EA 12 /BOX C/T IND.RASPBERRY DELIGHT 12/BX 18.06

82076 EA 10"CAKE C/T LEMON COCONUT - CUT 16 10.75

82134 CS 24 BOX XX C/T VANILLA CAKE W/ RED ICING 16.77

82136 EA C/T **SPECIALTY CAKE** 21.5

82146 EA 10"CAKE C/T PUMPKIN CHEESE - CUT 14 13.98

82148 EA 10"CAKE C/T RED VELVET CAKE - CUT 14 17.2

82150 EA 10"CAKE C/T RED VELVET CAKE - WHOLE 17.2

82156 EA 10"CAKE C/T TRIPLE LAYER CAKE CUT16 17.2

82160 EA 6"CAKE C/T TRIPLE LAYER CAKE 7.53

82164 EA 10"CAKE C/T TRIPLE LAYER CAKE - WHOLE 17.2

82172 EA 5QT TUB S/P STRAWBERRY GELATO 24.39

82186 BOX 2 / BOX C/T CHRISTMAS YULE LOGS 21.5

82212 EA 10"CAKE G/G CARAMEL APPLE - CUT 14 18.28

82296 EA 10" CAKE G/G EBONY & IVORY - CUT 12 24.19

82304 EA 7"CAKE G/G EBONY & IVORY CHEESE 11.29

82308 EA 10"CAKE G/G EBONY & IVORY CHEESE - WH 24.19

82352 CS 18/3" G/G NEW YORK CHEESECAKE 21.77

82356 EA 7"CAKE G/G NEW YORK CHEESE 9.94

82360 EA 12 / BX C/T IND. PASSION MOUSSE 18.06

82376 EA 10"CAKE G/G RASPBERRY ALMOND CUT 14 24.73

82380 EA 7"CAKE G/G RASPBERRY ALMOND 11.56

82388 EA 12 /BOX C/T CHOCOLATE FANTASY 18.06

82400 EA 10"CAKE J/R RED VELVET CAKE - CUT 14 22.58

82402 EA 10"CAKE J/R DEVIL'S FOOD CHEESE C14 24.19

82420 EA 10"CAKE J/R PLAIN CHEESECAKE - WHOLE 24.73

82422 EA 10"CAKE J/R CANDY BAR EXPLOSION C14 29.56

82428 EA 10"CAKE J/R TALL CARROT CAKE - CUT 14 32.25

82440 EA 10"CAKE J/R TALL GOLDEN FUDGE - C14 32.25

82444 EA 10"CAKE J/R TALL CHOC FUDGE - CUT 14 32.25

82464 EA 10"CAKE H/M CAPPUCCINO CHEESE-WHOLE 20.96

82468 EA 10"CAKE H/M OREO CHEESE - CUT 20.43

82472 EA 10"CAKE H/M OREO CHEESECAKE - WHOLE 20.43

82476 EA 10"CAKE H/M ORIGINAL CHEESE - CUT 19.35

82492 EA 10"CAKE J/R CHOCOLATE CHEESE - CUT 12 26.88

82496 EA 9/3"IND J/R CHOC CHEESE-LITTLE FELLAS 15.05

82500 EA 6"CAKE J/R CHOCOLATE CHEESE 8.06

82520 EA 10"CAKE J/R PLAIN CHEESE - CUT 14 24.73

82524 EA 9/3"IND J/R PLAIN CHEESE-LITTLE FELLAS 14.24

82528 EA 6"CAKE J/R PLAIN CHEESE 7.53

82532 EA 10"CAKE J/R RASPBERRY CHEESE CUT 12 26.88

Page 119: Executed Contract

82536 EA 9/3"IND J/R RASP CHEESE-LITTLE FELLAS 15.05

82540 EA 6"CAKE J/R RASPBERRY CHEESE 8.06

82544 CS 80/4.5OZ C/K DD05 OATMEAL RAISIN 56.65

82546 CS 80/4.5OZ C/K DD08 REESES PEANUT BUTTER 56.65

82548 CS 80/4.5OZ C/K DD55 M&M COOKIE 56.65

82550 CS 80/4.5OZ C/K DD07 SMORES COOKIE 56.65

82636 CS 24 / CS D/D LEMON SORBETTO SKIN 37.63

82640 CS 24 / CS D/D ORANGE SORBETTO SKIN 37.63

82642 CS 12/BOX D/D PEACH SORBETTO SKIN-12/BOX 27.95

82644 BOX 25/BOX D/D TARTUFO GELATO 25/BX 30.1

82648 CS 12/CS D/D COCONUT SORBETTO SKIN 25.8

82656 CS 36 / CS D/D PINEAPPLE SORBETTO SKIN 65.58

82660 EA 12 BOX M/S BANANA LOAF SLICES 6.45

82662 EA 12 BOX M/S RED VELVET WHOOPIE PIE 8.06

82664 EA 12 BOX M/S BLUEBERRY LOAF SLICES 6.45

82666 CS 12/4 OZ M/S BLACK & WHITE COOKIE 6.45

82668 EA 12 BOX M/S CARROT LOAF SLICES 6.45

82670 EA 12 BOX M/S CHOCOLAT CHIP LOAF SLICES 6.45

82672 EA 12 BOX M/S CHOCOLATE MARBLE LOAF SLICES6.45

82674 EA 12 BOX M/S WHOOPIE PIE 8.06

82676 EA 12 BOX M/S CHOCOLATE LOAF SLICES 6.45

82678 EA 12 BOX M/S LEMON POPPY LOAF SLICES 6.45

82680 EA 12 BOX M/S ICED LEMON LOAF SLICES 6.45

82684 EA 12 BOX M/S TROPICAL ORANGE LOAF SLICES 6.45

82686 EA 12 BOX M/S TRADITIONAL LOAF SLICES 6.45

82688 EA 5 QT TB S/P CHOCOLATE GELATO 24.39

82712 EA 5 QT TB S/P TANGERINE SORBET 24.39

82728 EA 5 QT TB S/P VANILLA GELATO 24.39

82924 EA 5 QT TB S/P LEMON SORBETTO 24.39

82926 EA 5 QT TB S/P STRAWBERRY SORBETTO 24.39

82928 EA 5 QT TB S/P RASPBERRY ROYALE SORBETTO 29.53

82930 EA 5 QT TB S/P ORANGE SORBETTO 24.39

82932 EA 5 QT TB S/P GRAPEFRUIT SORBETTO 24.39

82934 EA 5 QT TB S/P MANGO SORBETTO 29.53

82940 EA 5 QT TB S/P PEACH SORBETTO 24.39

82980 CS 25 BOX S/P TARTUFO GELATO 30.11

83000 CS 2 TRAYS T/I TOASTED ALMOND CREAM 36.55

83002 CS 2 TRAYS T/I TRES LECHES 36.55

83020 CS 4/3 LBS T/I CREME BRULEE BAG 49.45

83028 CS 4/3 LBS T/I CHOCOLATE MOUSSE BAGS 49.45

83036 CS 12/3 OZ T/I COCONUT MOUSSE CUPS 12.9

83068 EA SAMPLE C/I 2.25 SAMPLE KIT 1.08

83076 CS 12/3 OZ T/I RASPBERRY MOUSSE CUPS 12.9

83104 CS 12/4 OZ T/I TIRAMISU CUPS 16.66

83108 EA 7"CAKE T/I TIRAMISU CAKE 7.79

83112 CS 2 TRAYS T/I TIRAMISU TRAY 36.55

83226 CS 12/4 OZ T/I CHOCOLATE MOUSSE CUPS 16.66

Page 120: Executed Contract

83230 CS 12/4 OZ T/I TOASTED ALMOND CUPS 16.66

83284 EA 9/3.5" U/P CAPPUCCINO MOUSSE CAKE 16.93

83288 EA 6" CAKE U/P CAPPUCCINO MOUSSE CAKE 7.53

83298 CS 12/3.5" U/P SPECIAL - APPLE BETTY 22.58

83300 EA 6" CAKE U/P CARROT WALNUT LAYER 7.53

83320 EA 12/3.5" U/P CHOCOLATE MUD CAKE 22.58

83324 EA 6" CAKE U/P CHOCOLATE MUD CAKE 6.99

83328 EA 10"CAKE U/P CHOCOLATE MUD - CUT 16 18.81

83332 EA 10"CAKE U/P CHOCOLATE MUD - WHOLE 18.81

83360 EA 10"CAKE U/P GERMAN CHOCOLATE - CUT 19.04

83396 EA 10"CAKE C/T TIRAMISU CHEESECAKE WHOLE 18.81

83464 EA 10" PIE F/R SWEET POTATO PIE 6.18

83480 EA 12/3.5" U/P TURTLE CHEESECAKE 22.58

83500 CS 64/3.5 V/F 7711-8" MULTI GRAIN 28.78

83504 CS 76/3 OZ V/F 77743-8" FRENCH MINI-BAG 25.71

83520 CS 24/8.8 V/F 77804 FRENCH BATARD 22.36

83536 CS 48/3 OZ V/F 7832 CURVED CROISSANTS 36.82

83544 CS 36/6 OZ V/F 7878-18"FRENCH MIDI BAGS 24.95

83552 CS 24/9 OZ V/F 8050 FRENCH BAGUETTE 24.73

83556 CS 66/3.5 V/F 78105-8"MILANO SUB ROLL 26.35

83560 CS 88/2.9 V/F 7760 POTATO & ONION 31.96

83568 CS 42/5.7 V/F 78123-12"MILANO SUB ROLL 26.92

83574 CS 24/10 OZ V/F 8201 ASIAGO CHEESE BATARD 36.3

83576 CS 24/14 OZ V/F 7848 LARGE CIABATTA 40.18

83584 CS 108 CT V/F 9326 LRG.CROISSANT-3.4oz 56.17

83600 CS 54/4.8 V/F 79339 HAM/SWISS CROISSANT 81.5

83608 CS 54/5.1 V/F 79350 SPINACH/FETA CROISSANT78.54

83612 CS 48/4.8 V/F 79357 CHEDDAR OMELETTE 48.13

83614 CS 48/4.8 V/F 79358 HAM/CHEDDAR OMELETTE60.59

83616 CS 54/4.8 V/F 79342 TURKEY/SWISS CROISS 81.5

83620 CS 48/5.8 V/F 79375 SAUS/CHEDAR OMELETTE60.59

83622 CS 84/3.4 V/F 9434 BLUEBERRY CROISSANT 56.17

83624 CS 84/3.4 V/F 9421 APPLE CROISSANT 56.17

83632 CS 84/3.8 V/F 9425 STRAWBRY CREAM CHEESE56.17

83640 CS 72/4.5 V/F 9429 JMBO CINN SWIRL CROISS 58.52

83644 CS 84/3.5 V/F 9431 ALMOND CROISSANT 56.17

83646 CS 108/3.2 V/F 9243 LARGE CURVED CROISSANT39.32

83648 CS 84/3.8 V/F 9437 CRM CHEESE CROISSANT 56.17

83652 CS 84/3.5 V/F 9439 CHOCOLATE CROISSANT 56.17

83656 CS 120 CT V/F 9481 TRADITNAL BRIOCHE 2.4oz64.04

83660 CS 54/4.7 V/F 9495 LG PALMIER LOGS-CUT 37.99

83664 CS 18 CT V/F 9572 PUFPASTRY SHEETS-16.5oz30.67

83666 CS 14 CT V/F 9300 CROISSANT SHEETS-15"x9 66.78

83700 CS 2/8 LB V/F 9611 LEMON POPPY MUFFIN BAT29.59

83706 CS 150/2oz V/F 9638 CHOC CHIP COOKIE 56.67

83708 CS 150/2oz V/F 9641 HEATH CRUNCH COOKIES 62.34

83716 CS 150/2oz V/F 9643 PEANUTBUTTER COOKIES 56.67

Page 121: Executed Contract

83720 CS 150/2oz V/F 9644 MACA WHT CHOC COOKIES56.67

83728 CS 45/2.8 V/F 9705 PRE-PROOF CROISSANT 33.35

83732 CS 72/3.5 V/F 9752 PRE-PROOF CHOC CROISSANT47.63

83814 CS 60 CT C/I 2.75" PATTY SHELLS 23.56

83818 CS 192CT PIDY MINI ROUND PATTY SHELL 40.21

84028 EA 24 /BOX XX C/T IND. RUNNY CHIP 25.8

84030 EA 12 /BOX C/T IND. TRUFFLE DOME 18.06

84078 CS 5 LB/BX S/L #86 CHOCOLATE BOY 13.44

84252 EA 10"CAKE M/G BLACK & WHITE - CUT 16 14.78

84254 EA 10"CAKE M/G CARROT - CUT 16 14.78

84256 EA 10"CAKE M/G CHOCOLATE FUDGE - CUT 16 14.78

84258 EA 10"CAKE M/G RASPBERRY DECADENCE - CUT 1614.78

84260 EA 10"CAKE M/G WHITEOUT - CUT 16 14.78

84262 EA 10"CAKE M/G LEMON COCONUT - CUT 16 14.78

84264 EA 10" PIE M/G APPLE CRUMB PIE 10" 11.83

84266 EA 10" PIE M/G BLUEBERRY CRUMB PIE 10" 11.83

84268 EA 10" PIE M/G KEYLIME PIE 10" 11.83

84270 EA 10"CAKE M/G STRAWBERRY RHUBARB 11.83

84288 EA 10" PIE M/G OLD FASHIONED APPLE PIE 11.83

85004 CS 5 LB/BX S/L #6 ALMOND TARTLETTE 13.44

85006 CS 5 LB/BX S/L #8 RASPBERRY NAPOLEON 13.44

85030 CS 5 LB/BX S/L #16 PRETZEL SANDWICH 13.44

85032 CS 5 LB/BX S/L #20 STRAWBERRY LEAF 13.44

85034 CS 5 LB/BX S/L #22 PISTACHIO LEAF 13.44

85036 CS 5 LB/BX S/L #32 RASPBERRY POCKET 13.44

85038 CS 5 LB/BX S/L #36 BLACK FOREST 13.44

85060 CS 5 LB/BX S/L #38 APRICOT POCKET 13.44

85064 CS 5 LB/BX S/L #48 LINZER TART 13.44

85066 CS 5 LB/BX S/L #56 CHOC COVERED MACAROONS13.44

85070 CS 5 LB/BX S/L #70 TRIPLE CHOCOLATE RING 13.44

85076 CS 5 LB/BX S/L #82 HONEY DUTCH BOY 13.44

85078 CS 5 LB/BX S/L #90 SNOWBALL MELT-A-WAY 13.44

85082 CS 5 LB/BX S/L #46 VANILLA FLORENTINE 16.02

85084 CS 5 LB/BX S/L #84 CHOC COVERED BROWNIES 16.02

85088 CS 5 LB/BX S/L #34 RAINBOW LAYER 16.02

85092 CS 5 LB/BX S/L #42 CHOCOLATE FLORENTINE 16.02

85094 CS 5 LB/BX S/L #88 PEANUT BUTTER 14.03

85096 CS 5 LB/BX S/L #68 HOLLANDER 14.03

85098 CS 5 LB/BX S/L #525 DIET RASPBERRY POCKET 14.03

85100 CS 5 LB/BX S/L #507 DIET CHOCOLATE CHIP 14.03

85102 CS 5 LB/BX S/L #504 DIET CHOCOLATE MARBLE 14.03

85104 CS 5 LB/BX S/L #207 SWEET HEART COOKIES 13.44

85106 CS 5 LB/BX XX S/L #202 FUDGE HEART COOKIES 13.44

85108 CS 5 LB/BX S/L #212 STRIPED HEART COOKIES 13.44

85110 CS 5 LB/BX S/L #230 RED LIP COOKIES 13.44

85112 CS 5 LB/BX S/L #223 RED CUPID COOKIES 13.44

85114 CS 5 LB/BX S/L #122 VANILLA WAFER COOKIES 13.44

Page 122: Executed Contract

85116 CS 6 LB/BX S/L #80003 CHOC ALMOND BISCOTTI21.38

85118 CS 5 LB/BX S/L #162 SUGAR HEARTS 13.44

85120 CS 5 LB/BX S/L #213 VANILLA CUPID HEART 13.44

85122 CS 5 LB/BX S/L #219 VALENTINE SUGAR TRIO 13.44

85126 CS 5 LB/BX S/L #322 SHAMROCK COOKIES 13.44

85128 CS 5 LB/BX S/L #417 EASTER EGGS 13.44

85130 CS 5 LB/BX S/L #416 EASTER SUGAR TRIO 13.44

85132 CS 5 LB/BX S/L #401 EASTER BUNNY 13.44

85134 CS 6 LB/BX S/L #80001 ALMOND BISCOTTI 21.38

85148 CS 5 LB/BX S/L #709 HALLOWEEN SUGAR TRIO 13.44

85150 CS 5 LB/BX S/L #717 AUTUMN LEAF 13.01

85152 CS 5 LB/BX XX S/L #703 AUTUMN SHORTBREAD 13.44

85154 CS 5 LB/BX S/L #708 CHOCOLATE FUDGE 13.44

85156 CS 5 LB/BX XX S/L #711 SPRITZ DIP 13.44

85158 CS 5 LB/BX S/L #735 HARVEST PRETZEL 13.44

85160 CS 5 LB/BX S/L #719 TURKEY COOKIES 13.44

85162 CS 5 LB/BX S/L #715 PARTY PUMPKIN FACE 13.44

85164 CS 5 LB/BX S/L #1244 CANDY CANE COOKIES 13.44

85166 CS 5 LB/BX S/L #1229 X-MAS ASSORTED COOKIES13.44

85168 CS 5 LB/BX S/L #1219 SHORTBREAD WREATH 13.44

85170 CS 5 LB/BX S/L #1218 SNOWMAN COOKIES 13.44

85172 CS 5 LB/BX S/L #1226 VANILLA SANTA COOKIES 13.44

85174 CS 5 LB/BX S/L #1206 YULE LOG COOKIES 13.44

85176 CS 5LB/BX S/L #1202 GRAHAM STAR 13.44

85178 CS 5LB/BX S/L #1204 GINGERBREAD MAN 13.44

85190 CS 12/8oz XX S/L #99872 FESTIVAL DIPS 21.93

85192 CS 12/8oz XX S/L #99875 RAINBOW SPRINKLES 21.93

85194 CS 5 LB/BX XX S/L #01293 DREIDEL 13.44

85196 CS 5 LB/BX XX S/L #01294 STAR OF DAVID 13.44

85198 CS 5 LB/BX XX S/L #15805 SUG/FREE VARIETY PACK20.17

85216 CS 6 LB/BX S/L #80325 APRICOT FINGER 6#/BX 17.19

85224 CS 5 LB/BX S/L #72 FESTIVAL DIP 5#/BX 13.44

85228 CS 5 LB/BX S/L #140 PARISIAN FAN 5#/BX 13.44

86000 CS 2/32 CT ATHENS PASTRY BAKLAVA, 2/32 41.93

86001 *** 1 TRAY ATHENS PASTRY BAKLAVA 32 CT 20.96

86004 CS 4/5.5 HALVAH VANILLA MACEDONIAN75.79

86005 *** 1/5.5 HALVAH VANILLA MACEDONIAN18.95

86006 CS 4/5.5 HALVAH CHOCOLATE MACEDONIAN83.85

86007 *** 5.5 LB HALVAH CHOCOLATE MACEDONIAN20.96

86008 CS 4/5.5 HALVAH ALMONDS MACEDONIAN83.85

86009 *** 1/5.5# MACEDO HALVAH ALMONDS MACEDONIAN20.96

86010 CS 4/5.5 HALVAH PISTACHIO MACEDONIAN104.28

86011 *** 1/5.5# HALVAH PISTACHIO MACEDONIAN26.07

86012 CS 2/35 CT ATHENS PASTRY KATAIFI 2/35 CT 52.68

86013 *** 1/ TRAY ATHENS PASTRY KATAIFI 1/35 CT 26.34

86014 CS 2/40 CT ATHENS PASTRY NUT ROLLS 2/40CT 52.68

86015 *** TRAY ATHENS PASTRY NUT ROLLS 40CT 26.34

Page 123: Executed Contract

88014 TUB SALLY COLE SLAW (K) 7.95

88015 LB 10 LB . COLE SLAW PR404 PR PR4047.95

88020 CS 120/2oz GRCIAN HUMMUS, PORTION CUPS 61.03

88022 CS 48/2oz SABRA HUMMUS, SABRA CUPS 27.86

88030 CS 12/14oz KRINOS TARAMOSALATA 31.64

88031 *** 1/14oz KRINOS TARAMOSALATA - JAR ONLY 2.64

88032 TUB 10 LB KRINOS TARAMOSALATA 29.16

88034 TUB SALLY MACARONI SALAD (K) 7.95

88036 CS 12/16oz KRINOS TARAMAS 70.95

88037 EA 1/1LBJAR KRINOS TARAMAS 5.91

88040 TUB 5 LB SALLY TUNA SALAD 18.89

88052 TUB SALLY POTATO SALAD (K) 7.95

88062 CS 4/.5 Gl GRCIAN HUMMUS 31.85

88068 CS 168/1oz STRING MOZZARELLA CHEESE 37.48

88072 CS 4/5 LB RIDGE WHITE AMERICAN CHEESE 120 36.18

88073 EA 1/5LB RIDGE WHITE AMERICAN CHEESE 120 9.05

88074 EA 10# AVG MONTEREY JACK 2.31

88080 CS 4/5 LB AMERICAN CHEESE 160 SL 31.32

88081 EA 5 LB AMERICAN CHEESE 160 SL 7.83

88088 CS 168/1oz CHEDDAR CHEESE STIX 39.41

88092 EA 1/9#AVG ATALAN HAVARTI CHEESE 1/9 LB CS 3.61

88094 TUB 8 LB FETA CHEESE 16.03

88096 EA 10# AVG CHEDDAR CHEESE MILD 2.33

88098 CS 6/3 LB RICOTTA CHEESE 25.66

88099 TUB 3 LB RICOTTA CHEESE 4.28

88102 CS 40# AVG NASONV FETA CHEESE VAC PAC 2.16

88103 EA 1/5#AVG NASONV FETA CHEESE VAC PAC 2.16

88104 EA 2#AVG DEVANI KASSERI CHEESE WHEEL 5.13

88106 EA 22# AVG VLAHOT KEFALOGRAVIERA CHEESE WHEEL9.18

88108 EA 8LB AVG MARTEL SWISS CHEESE LOAF 2.74

88110 EA 2.5#AVG KEFALOGRAVIERA CHEESE WHEEL7.45

88114 EA 20# AVG HORITZ GRANA PADAN0 1/4 WHEEL 6.8

88116 CS 4/5 LB ZERTO PARMESAN, SHREDDED 78.62

88117 *** 1/5 LB ZERTO PARMESAN, SHREDDED 19.66

88118 CS 4/5 LB SL.YELLOW AMERICAN,120/LF 36.18

88119 *** 1/5 LB SL.YELLOW AMERICAN,120/LF 9.05

88120 CS 4/5 LB CHEESE GRATED PURE ROMANO65.33

88121 *** 1/5 LB CHEESE, GRATED ROMANO 16.33

88124 CS 6/5 LB XXXXXX AMERICAN CHEESE SLICED 60.59

88125 *** 1/5 LB LAND O AMERICAN CHEESE SLICED 160 10.1

88126 EA 12# AVG KRNO** CHEESE VLAHOTIRI 1/2 WHEEL 7.02

88132 CS 100/1OZ PHILLY CREAM CHEESE CUPS 19.5

88136 CS 12/14oz WHIPPED CREAM AEROSOL 22.81

88138 EA 3LB AVG KRINOS VLAHOTIRI CHEESE WHEEL 7.34

88142 EA 12# AVG PROVOLONE CHEESE LOAF 2.42

88144 CS 100/1oz CREAM CHEESE CUPS 14.31

88146 CS 10/3 LB CREAM CHEESE 47.63

Page 124: Executed Contract

88147 *** 1/3 LB CREAM CHEESE D 4.76

88152 CS 12/1/2GL MILK WHOLE HALF GALLON 23.46

88153 *** 1/2 GAL MILK WHOLE HALF GALLON 1.95

88156 CS 12/QT HEAVY CREAM 36% 30.59

88157 *** QT HEAVY CREAM 36% 2.55

88158 CS 4/1GAL GALLONS SKIM MILK 11.15

88159 *** GALLON GALLON SKIM MILK 2.79

88160 TUB 5 LB FRIEND COTTAGE CHEESE 15.5

88174 CS 100/1oz LIGHT CREAM CHEESE CUPS LO-FAT 14.31

88176 CS 30/1 LB BUTTER BLEND TRANS FREE 25.11

88178 CS 6/5 LB ****** BUTTER CHIPS 90CT 51.19

88180 CS 8 LBS BUTTER CUPS 90CT 21.08

88182 CS 30/1 LB BUTTER BLEND 22.14

88184 CS 4/4.25 BUTTER IND FOIL WRAP 43.49

88186 CS 36/1 LB SOMMER BUTTER, SALTED 70.18

88187 *** 1 LB BAR SOMMER BUTTER SALTED, EACH 1.95

88188 CS 900 CT PARKAY MARGARINE CUPS 24.96

88190 CS 36/1 LB SOMMER BUTTER, SWEET UNSALTED 74.07

88198 CS 30/1 LB OLEO MARGARINE 18.36

88199 *** 1 LB OLEO MARGARINE - SPLIT 0.62

88202 CS 30 LBS PHILLY CREAM CHEESE BULK 59.29

88210 CS 48/4oz STONY YOGURT,YO KIDS STRW & BANAN11.4

88216 CS 12 LB OLEO REDDIES SALTED 15.49

88218 CS 12 LB ADMIR OLEO REDDIES, 0 TRANS FAT 15.71

88224 EA 2/5# AVG LAUB SHARP WHITE CHEDDAR 23.33

88226 EA 10# AVG PEPPER JACK CHEESE 2.1

88234 CS 6/5 LB YOGURT PLAIN LO-FAT 20.94

88235 *** 5-LBS YOPLAT YOGURT PLAIN LO-FAT 3.49

88236 TUB 35 LB YOGURT PLAIN LO-FAT 25.43

88240 BAG 5 LB SHREDDED CHEDDAR CHEESE 11.5

88242 BAG 5 LB SHREDDED MOZZARELLA CHEESE11.66

88244 CS 30/1 LB TRANS FAT FREE OLEO 20.3

88246 EA 6LB AVG SORREN MOZZARELLA CHEESE LOAF 2.19

88250 TUB 10 LB FRIEND SOUR CREAM 11.34

88252 EA 5LB AVG MUENSTER CHEESE 2.59

88254 CS 4/5 LB GRATED PARMESAN CHEESE 41.04

88255 *** 1/5 LB. CAPRI GRATED PARMESAN CHEESE 10.26

88256 CS 200 CT SARGEN PC PARMESAN CHEESE SARGENTO13.56

88260 BAG 5 LB CHEDDAR/MONTEREY SHREDDED11.99

88262 CS 12/1 LB GRATED CHEESE 26.18

88263 *** 1/1 LB. CAPRI GRATED CHEESE 2.18

88266 CS 200/4 DC PARM CHEESE, PC 9.9

88270 PKG DOZEN EGGS, DOZEN 1.54

88272 CS 30/1 DOZ EGGS, EXTRA LARGE CARTON 26.89

88274 CS 30 DOZ EGGS LARGE 26.89

88276 CS 30 DOZ EGGS, EXTRA LARGE LOOSE 28.51

88280 CS 15 DOZ EGGS MEDIUM FRESH 12.15

Page 125: Executed Contract

88282 CS 6/70oz AEGEAN STUFFED GRAPE LEAVES 26.34

88284 CS 15 LB PENANT PUFF PASTRY SQUARES 5x5 32.79

88296 CS 8/2.5 LB EGGLOW EGGS,SCRAMBLED HEAT/SERV FRSH32.4

88298 CS 6/5 LB PAPETI EGG WHITES, FROZEN #50100 23.33

88304 CS 6/5 LB GOLDEN EGGS, FROZEN GOLDEN EGG 25.92

88308 CS 20 LB PAPETI EGGS,TABLE READY LIQUID 24.62

88310 CS 2/10 LB NEWBRG EGG HARDOILED, WHOLE PEELED23.76

88316 CS 12/2 LB ECHO EGG SUBSTITUTES 29.03

88320 CS 4/5 LB GOLDEN EGGS, HARD COOKED PEELED 23.76

88326 CS 600 CT NYSID MARGARINE SPREAD CUPS 5 GM14.43

88332 CS 12/6oz LA YOG YOGURT, BLUEBERRY 5.07

88334 PC 6LB AVG MASDAM SMOKED GOUDA 4/6 LB CS 3.28

88336 EA 6# AVG MATIS KASSERI CHEESE LOAF 3 KILO 7.05

88338 CS 12/6oz LA YOG YOGURT, STRAWBERRY/BANANA5.07

88340 CS 48/4oz DANNON YOGURT STRAWBERRY DANIMALS11.15

88344 CS 12/10oz STRAW-BAN YOGURT SMOOTHIE13.07

88348 TUB 10 LB KRINOS YOGURT GREEK 23.22

88354 CS 24/4oz STONY OIKOS GREEK BLUE YOGURT 19.32

88358 CS 10/3 LB CREAM CHEESE LO-FAT 50.54

88360 EA 6# AVG FINLAN SWISS CHEESE FIN 4X4 4/6# 3.88

88362 CS 48/4oz DANNON YOGURT STRAW/BLUE LT/FIT 16.34

88364 CS 14 AVG SWISS ALPINE LACE 4.53

88366 CS 12/6oz LA YOG YOGURT, STRAWBERRY 5.07

88368 CS 12/6oz LA YOG YOGURT, VANILLA 5.07

88370 CS 12/6oz DANNON YOGURT BLUBERRY LIT-N-FIT 6.22

88372 CS 48/4oz YOPLAT YOGURT RASPBERRY 11.65

88374 CS 48/4oz YOPLAT YOGURT STRAW/BAN BLAST TRIX11.65

88376 CS 12/6oz LA YOG YOGURT, PEACH 5.07

88378 CS 12/6oz LA YOG YOGURT, CHERRY 4.92

88382 CS 12/6oz LA YOG YOGURT, PINA COLADA 4.92

88384 CS 12/6oz LA YOG YOGURT, LIGHT STRAWBERRY 4.92

88386 CS 12/6oz LA YOG YOGURT, LIGHT PEACH 4.92

88388 CS 48/4oz DANON YOGURT STRAW/BAN NON-FAT 11.15

88390 CS 6/1/2gl COLUMB YOGURT,CHOCOLATE SOFT SERVE40.27

88392 CS 6/1/2gl COLUMB YOGURT,COOKIE & CREAM SERVE40.27

88394 CS 6/1/2gl COLUMB YOGURT,FRENCH VANILLA SERVE40.27

88396 CS 6/1/2gl COLUMB YOGURT,STRAWBERRY SOFT SERVE40.27

88398 CS 96/4oz BYRNE SHERBET ORG FOAM 16.57

88400 EA 8# AVG RICOTTA SALLATA 4/8# WHEEL 2.74

88402 CS 24/4oz DANON YOGURT ACTIVIA STRAWBERRY 13.35

88500 PL 26 LB NASON FETA CHEESE PAILS 54.9

88502 CS 6/5 LB SHREDDED MOZZARELLA CHEESE67.07

88504 TUB 5 LB BABA GANOUSH 13.44

88506 CS 140/3 OZ L.O.L. CHEESE DIP CUPS 70.28

88508 CS 96/1 OZ PC SOUR CREAM 12.1

88510 BAG 5 LB SORREN CRUMBLED BLUE CHEESE 15.28

89054 CS 40/4oz PERDUE TURKEY BREAST FILET #20195 42.28

Page 126: Executed Contract

89056 CS 12/12 OZ KRAFT ASST REGULAR COLD CUTS 31.94

89058 CS 12/8oz OSCARM SLICED BOLOGNA 19.38

89060 CS 15/6oz OSCARM SLICED HAM, BOILED 30.88

89062 CS 12/12oz OSCARM SLICED TURKEY BREAST 30.59

89064 CS 30/5.3 PERDUE TURKEY BURGER-WHITE MEAT-RAW16.85

89066 CS 24/12oz BUTTER TURKEY BACON 41.64

89072 CS 10 LB PORK SAUSAGE LINKS,BROWNED18.81

89074 CS 2/10# AV JENNIE TURKEY NETTED BREAST&THIGH2.79

89078 CS 12/12oz SAUSAGE GREEK LOCANICO 35.81

89079 *** 1/PKG SAUSAGE GREEK LOUKANIKO 2.99

89080 CS 20 LB HATFLD SAUSAGE, ITALIAN #3870 36.5

89082 CS 20# AVG CHICKEN SALAMI ROLL 0.87

89086 CS 20# AVG TURKEY HAM FROZEN 1.46

89088 CS 20LB AV TURKEY SALAMI 1.51

89090 CS 160/1oz TURKEY SAUSAGE LINKS 24.51

89092 PC 6# AVG PASTRAMI, TURKEY 1.73

89096 CS 2/9#AVG HATFLD BOLOGNA, MEAT 3201 1.39

89098 CS 2/9#AVG HATFLD SALAMI, BEEF 6149 2.43

89102 PC 6# AVG CARNDO SALAMI, GENOA 2.21

89104 CS 20# AVG CHICKEN BOLOGNA 0.85

89106 CS 2/7#AVG HATFLD BOLOGNA, BEEF 3200 2.32

90094 CS 2/13#AVG HATFLD PORK LOIN BONELESS BRT 1.84

91008 BOX 100 CT WILD MUSHROOM TART #102 32.77

91020 CS 96/2OZ. TAMI POTATO PANCAKES 26.88

91022 CS 480 CT TASTY MINI PIZZA BAGELS 70.51

91024 BOX 100 CT MINI POTATO PUFFS 26.88

91028 BOX 2/80 CT SPANAKOPITA SPINACH/CHEESE 67.08

91030 CS 6/2.5 MRS.F SCALLOPS 40/50 103.67

91032 BOX 100 CT MINI CRAB CAKES #9001 44.53

91044 CS 3/10 CT GRCIAN SPANAKOPITA 8oz 39.75

91048 CS 2/40 CT GRCIAN SPANAKOPITA 1oz 27.51

91050 CS 4/6 LB GRCIAN MOUSAKA GRECIAN DELIGHT 71.78

91051 *** 6LB GREDEL MOUSAKA TRAY 17.94

91062 BOX 2/49CT COLD CANOPES #144 56.91

91098 CS 2/40 CT GRCIAN TYROPITA CHEESE PIE 1oz 27.51

91102 CS 2/24 CT CORFU CHEESE PIE 3 OZ 38.49

91660 CS 50/6 NYPRET PRETZELS JUMBO 12.36

91790 CS 24/14 OZ GOYA EMPINADA DOUGH (WHITE) 28.54

91812 CS 140/2.5 RICH'S BREAKFAST ROUNDS RAW 7816 35.48

91816 CS 126/2.2 RICH'S ULTIMATE BRKFST RDS 08733 47.41

91824 CS 1.8oz ESFOOD CHOC CHIP MUFF BRKFST BREAK39.73

91826 CS 2oz ESFOOD BLUBERRY MUFFIN BRKFST BREAK39.73

91828 CS 2oz E.SIDE CORN BRD MINI LF BRKFST 39.73

91830 CS 48 CT ESFOOD BLUBRRY YOGURT BRKFST BREAK39.73

91906 CS 120 CT SARA L PARKERHOUSE ROLLS 8453 17.88

91928 CS 4/75oz VANILLA SHEET CAKE 33.43

91930 CS 4/75oz DOUBLE CHOC SHEET CAKE 33.43

Page 127: Executed Contract

91932 CS 24/IND SARA L POUND CAKE 8630 11.3

91962 CS 4/44 SPONGE SHEET CAKE 24.4

91992 CS 72/2oz SNACKN WG APPL/CINN MINILOAF I/W 9.83

91994 CS 72/2oz SNACKN BLUEBERRY MINI LOAF I/W 9.29

91996 CS 72/2oz SNACKN WG CORN MINI LOAF I/W 12.9

91998 CS 72/2oz SNACKN BANANA MINI LOAF I/W 9.83

92000 CS 72/2oz SNACKN CARROT MINI LOAF I/W 9.83

92070 CS 60/2.5 ELARDI MANICOTTI, CHEESE KOSHER 19.19

92076 CS 70/8oz SUNCUP FRUIT PUNCH JUICE 8oz 11.34

92078 CS 72/4oz SUNCUP APRICOT NECTAR 10.27

92080 CS 70/4oz CARTON APPLE JUICE FROZEN 8.98

92082 CS 70/4oz CARTON ORANGE JUICE FROZEN 10.11

92084 CS 70/4oz CARTON CRANBERRY JUICE FROZEN 8.98

92086 CS 72/4oz SUNCUP CUP FRUIT PUNCH FROZEN 6.99

92088 CS 70/4oz CARTON PINEAPPLE JUICE FROZEN 10.27

92090 CS 70/4oz CARTON GRAPE JUICE FROZEN 10.32

92092 CS 72/4oz SUNCUP 100% FRUIT PUNCH FROZEN 8.33

92096 CS 70/4oz CARTON ORANGE PINEAPPLE JUICE 10.27

92102 CS 12/8 OZ FPR201 CHICKEN BROTH W/MATZO BALLS24.19

92126 CS 2/5 LB ELARDI TORTELLINI,TRI-COLOR 15

92134 CS 6/30oz ARMANINO PESTO SAUCE 56.17

92158 CS 2/5 LB #8095 CHICKEN TENDERS #2 9.18

92160 CS 10 LB BRUNO TORTELLINI, CHEESE KOSHER 14.51

92164 CS 60/3.5 ELARDI LASAGNA ROLLS, KOSHER 23.65

92192 CS 20/12 CT TORTILLA, WHOLE WHEAT 8" 34.49

92194 CS 12/12CT TYSON TORTILLA, WHOLE WHEAT 10" 32.96

92206 CS 2/5.5 LB ELARDI LASAGNA MEAT SAUCE 26.5

92208 CS 4/6 LB ELARDI LASAGNA MEAT SAUCE 52.57

92210 CS 6/5 LB EAST CHEESE LASAGNA 80/6 OZ 43.54

92254 CS 10 LB TYSON CHICKEN LEG THIGH FRZ 14.22

92258 CS 12/14CT TYSON CHICKEN HONEY STUNG 26.09

92262 CS 16/12 TORTILLA, FLOUR 10" 7713 26.45

92264 CS 28 LB TYSON CHICKEN 8PC CUT F/C 50.85

92288 CS 2/5# TYSON CHICKEN TENDERS HONEY-BBQ 37.18

92292 CS 6/13 OZ CLASIC ROASTED CHICKEN DINNER 21.5

92294 CS 6/13 OZ CLASIC REG. ROASTED TURKEY DINNER 20.32

92296 CS 6/12 OZ MLMART ROASTED CHICKEN 21.88

92298 CS 6/12 OZ BRUNO FLOUNDER DINNER L/S (K) 18.71

92308 CS 6/12 OZ MLMART SALISBURY STEAK DINNER L/S 21.88

92314 CS 6/12 OZ MLMART POT ROAST 23.65

92316 CS 6/12 MLMART BEEF GOULASH 23.65

92320 CS 6/12 OZ MLMART ROAST TURKEY 21.88

92326 CS 24/7.5 BEEF POT PIE 19.35

92328 CS 24/7.5 CHICKEN POT PIE 17.62

92362 CS 72/2.55 A.J. FRENCH TOAST WHOLE GRAIN 21.34

92363 CS 4/5 LB STUFFED GREEN PEPPERS 24.67

92364 CS 4/6 LB CONAGR STUFFED GREEN PEPPERS 65.15

Page 128: Executed Contract

92368 CS 80 CT NARDON PIZZA, 3x5 28.22

92370 CS 2/5 LB ELARDI CHEESE LASAGNA KOSHER 18.49

92372 CS 4/6 LB STOUFF VEGETABLE LASAGNA 59.26

92374 CS 4/6 LB CONAGR VEGETARIAN LASAGNA 58.76

92376 CS 2/6 LB BRUNO VEGETABLE LASAGNA 21.02

92378 CS 110 CT EAST LASAGNA ROLLUPS BF FS11821.02

92382 CS 48/5oz PATTY PIZZA POCKETS NYC 24.65

92390 CS 48/5oz HOTPOC TACO HOT POCKET 24.75

92392 CS 2/5 LB ELARDI EGGPLANT PARMESAN 25.1

92394 CS 2/5 LB ELARDI BAKED ZITI 15.64

92398 CS 96/2oz PASTA, STUFFED SHELLS 2oz 33.22

92400 CS 4/5 LB TBCHNK MACARONI & CHEESE 29.4

92408 CS 48/5oz HOTPOC PIZZA HOT POCKET 00504 24.75

92414 CS 4/3.5 LB ANCHOR BREADED ZUCCHINI STIX 28.19

92416 CS 6/12 OZ BRUNO EGGPLANT PARM DINNER L/S(K)18.71

92418 CS 4/6 LB GRCIAN PASTICHIO 63.01

92419 *** 6LB GREDEL PASTICHIO 15.75

92420 CS 100ct ELARDI STUFFED SHELLS, KOSHER 24.35

92422 CS 192 CT MAX PIZZA STICKS CN 12439 41.9

92424 CS 96/5oz MAX WH/GRAIN PIZZA QUESADILLA 46.01

92426 CS 192 CT MAX PIZZA STICKS W/GRAIN 12685 44.45

92428 CS 96 CT MAX PIZZA, 4x6 CN 12655 34.83

92430 CS 48/8PKG THOMAS ENGLISH MUFFINS,SANDWICH SZ19.08

92432 CS 4/3 LB MOORES MOZZARELLA STICKS 33.33

92434 CS 250 CT ELARDI CHEESE RAVIOLI KOSHER 11.45

92436 CS 8/1.5LB FARM R MOZZARELLA STICKS O/R 26.07

92438 CS 60/4.8oz MAX MAXWRAP CHILI CEESE 12646 30.8

92440 CS 288 CT MAX PIZZA, TOTALLY TACO 12714 49.03

92442 CS 2/5 LB EGGPLANT CUTLETS BF FS62216.23

92452 CS 6/5 LB L.O.L MACARONI & CHEESE 60.04

92453 U 54 CT PARAMT MACARONI CHEESE FS006BF FS00610.01

92454 CS 2/5 LB ELARDI MACARONI & CHEESE 15.59

92458 CS 96/5oz MAX PIZZA,CHICKEN QUESADILLA 50.53

92460 CS 8/3 LB RICH'S WHL/GRAIN MOZZARELLA STIX 47.3

92466 CS 6/2 LB RICH'S BREADED VEGETABLE STICKS 20.96

92474 CS 64/5.25 NARDON PIZZA, PIZZERIA STYLE 48.38

92478 CS 200/1.5 PILLSB CINN ROLL 44.28

92482 CS 100 CT ELARDI CHEESE RAVIOLI, JUMBO 11.56

92484 CS 96/5 oz MAX PIZZA 4x6 WEDGE 100% 12687 41.93

92488 CS 60 CT FRENCH BREAD PIZZA 39.78

92494 CS 96 CT NARDON PIZZA BEEF RANCHERO 51.6

92498 CS 60 CT NARDON DEEPDISH PIZZA 33.33

92502 CS 96 CT ECHO PANCAKES, MF7005 BF FS00821.12

92506 CS 96/5 OZ NARDON PIZZA, WEDGE CN 44.08

92510 CS 144/2oz ECHO CHEESE BLINTZ 33.33

92512 CS 12/2 LB RICH'S 51% WG FRENCH TOAST STIX 36.55

92514 CS 72 CT PILLSB MINI FRENCH TOAST-CINN 33.54

Page 129: Executed Contract

92516 CS 144 CT MRS B. WAFFLES, REGULAR 46009 11.08

92518 CS 144/1.5 SCREAM PANCAKES, CINNAMON BURST BF FS04431.28

92520 CS 72 CT EGGO PANCAKES,MINI W/GRAIN BLUBRY27.31

92522 CS 72 CT EGGO WAFFLES,MINI W/GRAIN CINNAMON27.31

92526 CS 12/4oz MLMART PLAIN OMELET W/POTATO KUGEL27.74

92528 CS 72/3.5oz ECHO OMELET EGG W/CHEEZ IQF FLDED37.34

92532 CS 144/2oz PAPETI CHEESE OMELETS-CN 56.06

92534 CS 30 CT POTATO KNISH BF FS022 10.21

92535 U 30 CT. . POTATO KNISH FS-022BF FS0220.34

92536 CS 96/2.5 ECHO CHEESE OMELET 25.16

92542 CS 72 CT EGGO PANCAKES, MINI MAPLE EGGO 27.31

92544 CS 72 CT PILLS PANCAKES, MINI STRAWBERRY 33.54

92546 CS 72 CT PILLSB PANCAKES, MINI MAPLE 33.54

92548 CS 144 CT ECHO PANCAKES, FROZEN 9.43

92552 CS 288 ct A.J. SILVER DOLLAR PANCAKES 20.52

92554 CS 144 CT WAFFLES, BELGIAN STIX CN 20.96

92556 CS 84/3oz. PAPETI PLAIN OMELET-KOSHER DAIRY 41.29

92558 CS 48 CT J&J FUNNEL CAKES 18.01

92560 CS 100 CT CHURRO STICKS REGULAR 10" 25.26

92562 CS 144 CT ECHO FRENCH TOAST 17.07

92566 CS 5/2# ORIG FRENCH TOAST STICKS 11.29

92568 CS 144 CT ECHO WAFFLES, JUMBO 10.26

92572 CS 144 CT MBW FRENCH TOAST-MRS BUTTERWORTH21.05

92574 CS 210/1.5 COOKIE DOUGH CHOC CHIP 25.26

92576 CS 144 CT A.J. PANCAKES, WHOLE GRAIN 1.2oz15.3

92578 CS 175 CT A.J. WH/GR FRENCH TOAST STIX 14.74

92580 CS 175 CT A.J. FRENCH TOAST STIX 43585 14.74

92582 CS 60 CT J&J CINNAMON BUN STICKS 17.79

92584 CS 210/1.5 COOKIE DOUGH SUGAR 26.45

92586 CS 210/1.5 COOKIE DOUGH OATMEAL RAISIN26.45

92592 CS 210/1.5 COOKIE DOUGH MACADAMIA 26.45

92594 CS 60 CT CINNAMON BUN, I.W. 20.21

92598 CS 120/2oz ECHO PLAIN OMELETS MF3013 23.22

92602 CS 6/10" UNBAKED APPLE PIE 9277 29.44

92612 CS 6/10" SARA L UNBAKED BLUEBERRY PIE 42.31

92614 CS 6/10" CHEF P COCONUT CREAM PIE 7151 31.38

92618 CS 6/10" SARA L DIET CHOCOLATE CREAM PIE 47.7

92620 CS 392/1oz MUFFIN SUGAR COOKIE DOUGH RTB 30.64

92630 CS 210/1.5 COOKIE DOUGH PEANUT BUTTER26.45

92644 CS 20/8 CHEF P PIE SHELLS 9" 5052 24.7

92648 CS 40/3.8oz PIERRE TOASTED CHEESE SANDWICH 26.79

92652 CS 20/12oz PENANT PUFF PASTRY SHEETS 10x15 32.79

92658 CS 72/2.2 SMUCKR MAPLE SNACK'N WAFFLE 31.27

92660 CS 6/46 oz SARALE DUTCH APPLE PIE,UNBAKED 10" 29.55

92662 CS 72/2.2 SMUCKR CINNAMON SNACK'N WAFFLE 31.27

92664 CS 72/2.2 SMUCKR BLUEBERRY SNACK'N WAFFLE 31.27

92668 CS 6/46 SARA L APPLE PIE NO-SUGAR 7108 45.12

Page 130: Executed Contract

92670 CS 72/2.2 SMUCKR CHOC CHIP SNACK'N WAFFLE 31.27

92680 CS 72 CT EGGO WAFFLES,MINI W/GRAIN MAPLE27.31

92684 CS 60/2.5 CORN MUFFINS IND/WRAPPED 11.5

92698 CS 80/1.75 GOOD HONEY BUNS GLZD IW 16.21

92710 CS 64 CT SARA L CROISSANTS MINI 8404 28.67

92714 CS 72 CT PILLSB WAFFLES,MINI W/GRAIN BLUBRY33.54

92716 CS 72 CT PILLSB WAFFLES,MINI W/GRAIN MAPLE33.54

92722 CS 96/2oz MUFTOW W.G.BANANA MUFFIN I.W Fort 20.64

92730 CS 108 CT GRANNY COUNTRY CREAM DONUT 15.37

92731 U 108 CT GRANNY COUNTRY CREAM DONUT BG173BF BG17315.37

92736 CS 100/5oz PILLSB DOUGH,CINNAMON TWIRL 49.89

92738 CS 24/4oz MUFTOW CORN MUFFINS IND WRAPPED 5.38

92740 CS 24/4oz MUFTOW APPLE MUFFINS IND WRAPPED 5.38

92742 CS 24/4oz MUFTOW CARROT MUFFINS IND WRAPPED5.38

92748 CS 20/8 oz PALIGO GARLIC BREAD 31.18

92750 CS 72/2oz MUFTOW APPLE MUFFINS IND. WRAPPED 12.15

92752 CS 120/2oz PILLSB BISCUITS,WHOLE GRAIN 32.64

92754 CS 72 CT PILLS CHERRY FRUDEL 2.29oz 34.62

92756 CS 72 CT PILLS APPLE FRUDEL 2.29oz 34.62

92758 CS 72 CT PILLS MINI CINNIS 34.62

92762 CS BULK CROISSANT-SLICED 2.5oz 33.67

92770 CS 6/12 CT THOMAS ENGLISH MUFFINS 94015 17.2

92772 CS 24/1 LB FANTIS FILLO DOUGH #7 43.54

92774 CS 72/2oz BLUEBERRY MUFFINS WRAPPED 11.61

92778 CS 144 CT MUFTOW W.W. ENGLISH MUFFINS 08198 19.57

92780 CS 72/2oz BANANA MUFFINS WRAPPED 12.69

92784 CS 48/3oz APPLE MUFFINS IND/WRAPPED 8.28

92786 CS 36/2.5 APPLE ROLL, WHOLE WHEAT 10.6

92788 CS 72 CT TOUFAY WRAPS PESTO & GARLIC 12" 13.44

92790 CS 48/3oz CORN MUFFINS IND/WRAPPED 8.28

92796 CS 120/1oz BRIDGF WHL WHT BUTTERMILK BISCUITS14.62

92798 CS 36/2.5 CINNAMON ROLLS WHOLE GRAIN10.6

92802 CS 120/1oz BRIDGF BUTTERMILK BISCUITS 14.08

92806 CS 100/2oz BRIDGE BUTTERMILK BISCUITS 2oz 22.74

92808 CS 96/2oz MUFFIN RAISIN BRAN MUFFIN 20

92810 CS 120/1.5 MUFFIN BLUEBERRY MUFFINS 20.96

92816 CS 48/3oz BLUEBERRY MUFFINS IND/WRAP8.28

92818 CS 72/2oz CORN MUFFINS IND/WRAPPED 11.61

92820 CS 120/1.5 PEPP GOLDFISH BREAD WHOLE WHEAT28.52

92822 CS 120/1.5 MUFFIN APPLE MUFFINS 20.96

92824 CS 120/1.5 MUFFIN CORN MUFFINS 20.96

92826 CS 192/1oz MUFFIN MUFFINS, CORN MINI 23.65

92828 CS 192/1oz MUFFIN BLUEBERRY MINI MUFFINS 23.65

92829 U 60 CT. MUFFIN SWT.POTATO MUFFIN BG-056 BF BG0560.12

92838 CS 72/2.5oz MUFFIN BAGEL,IW WHL/GRN HONEY WHEAT14.08

92840 CS 60/2oz MUFFIN TOPS, CORN I/W 13.44

92844 CS 76/2.5 KRAFT BAGEL-FUL, CINN/APPLE JELLY 24.92

Page 131: Executed Contract

92848 CS 66/2.5 MUFFIN BAGEL-STUFFER, PLAIN BF FS53520.96

92850 CS 76/2.5 KRAFT BAGEL-FUL, PLAIN CRM CHEESE 24.92

92852 CS 76/2.5 KRAFT BAGEL-FUL, STRAWBERRY 24.92

92854 CS 66/2.5 MUFFIN BAGEL-STUFFER, CINN BF FS53720.96

92858 CS 24/4oz BLUEBERRY MUFFINS WRAPPED 5.88

92862 CS 48/3oz MUFFIN BANANA MUFFINS IND. WRAPPED8.01

92864 CS 60/2oz MUFFIN TOPS, BANANA I/W 13.44

92866 CS 60/2oz MUFFIN TOPS, APPLE I/W 13.44

92868 CS 24/4oz CHOC CHIP MUFFINS WRAPPED 6.97

92870 CS 96/2oz MUFFIN CORN MUFFIN 20

92872 CS 160/1.3 SUPER HONEY WHEAT SUPER STARS 29.41

92874 CS 12/6 PLAIN BAGEL 9.41

92878 CS 72/1.5 SUPER CHOCOLATE CUPCAKES 21.26

92880 CS 100/3.5 NYPRET PRETZEL REGULAR 12.36

92882 CS 72/3.5oz FLEISH WHOLE WHEAT BAGEL SLICED 12.28

92888 CS 15/5 ALADIN WHEAT BAGEL SLICED 3oz 14.78

92890 CS 144 CT LENDER BAGELETTES 9.14

92892 CS 72 CT TOUFAY WRAPS SUNDRIED TOMATO 12" 13.44

92894 CS 60/4oz PALIGO PLAIN BAKED BAGEL 16.13

92898 CS 60/4oz PALIGO CINN RAISIN BAKED BAGEL 16.13

92900 CS 72 CT TOUFAY WRAPS WHITE FLOUR 12" 12.63

92902 CS 72 CT TOUFAY WRAPS WHOLE WHEAT 12" 12.63

92904 CS 6/10 CT TORTILLIA CORN YELLOW 6" 17.19

92906 CS 6/10 CT TORTILLIA CORN BLUE 6" 21.46

92908 CS 6/10 CT TORTILLIA CORN RED 6" 21.46

92914 CS 12/24 TYSON TORTILLA, FLOUR 6" 16.22

92916 CS 10/doz MEXICN 10" WRAPS, TOMATO & BASIL 24.78

92922 CS 72 CT TOUFAY WRAPS SPINACH 12" 13.44

92934 CS 6/12 TYSON TORTILLA, FLOUR 12" WHITE 15.63

92936 CS 50 CT ACME APPLE DANISH 15.15

92938 CS 50 CT ACME CHEESE DANISH 15.15

92940 CS 50 CT ACME RASPBERRY DANISH 15.15

92942 CS 50 CT ACME CINN RAISIN DANISH 15.15

92946 CS 24/14OZ GOYA EMPINADA DOUGH (RED) 28.54

92952 CS 72/4oz SUNCUP GRAPE JUICE FROZEN 11.07

92970 CS 72/4oz SUNCUP ORANGE PINEAPPLE JUICE 9.14

92972 CS 72/4oz SUNCUP TOMATO JUICE FROZEN 7.47

92976 CS 48/6 oz SUNCUP ORANGE JUICE FROZEN 9.08

92978 CS 48/6 oz SUNCUP GRAPE JUICE FROZEN 10.11

92982 CS 12/32oz SUNCUP APPLE CONC. 3+1 FROZEN 23.6

92986 CS 12/32oz SUNCUP ORANGE CONCENTRATE FROZEN25.75

92992 CS 48/6 oz SUNCUP CRANBERRY JUICE FROZEN 7.79

92996 CS 72/4oz SUNCUP CUP PRUNE JUICE FROZEN 10.32

92998 CS 70/4oz CARTON APPLE/CRAN JUICE FROZEN 9.62

93006 CS 96/4oz BYRNE CHOCOLATE ICE-CREAM FOAM CUP21.51

93008 CS 96/4oz BYRNE VANILLA ICE-CREAM FOAM CUP 21.51

93020 CS 75/4oz LYONS SHAKES, FROZEN STRAWBERRY 16.89

Page 132: Executed Contract

93022 CS 75/4oz LYONS SHAKES, FROZEN VANILLA 16.89

93024 CS 75/4oz LYONS SHAKE, FROZEN CHOCOLATE 16.89

93026 CS 50/4oz LYONS SHAKE, FROZEN DIET VANILLA 21.15

93030 CS 50/4oz LYONS SHAKE, FROZEN DIET STRWBRY 21.15

93034 CS 50/4oz LYONS SHAKE, FROZEN DIET CHOCOLATE21.15

93036 CS 48/4oz LYONS VANILLA NUTRITIONAL TREAT 24.63

93056 CS 100/2.3 MR J'S CHERRY FROZEN DESSERT BARS 14.03

93058 CS 100/2.2 MR J'S GRAPE FROZEN DESSERT BARS 14.03

93060 CS 100/2.2 MR J'S ORANGE FROZEN DESSERT BARS14.03

93080 CS 72/4oz SUNCUP CUP APPLE JUICE FROZEN 7.74

93082 CS 72/4oz SUNCUP CUP ORANGE JUICE FROZEN 9.03

93084 CS 72/4oz SUNCUP CUP CRANBERRY JUICE FROZEN 8.17

93088 CS 72/4oz SUNCUP CUP PINEAPPLE JUICE FROZEN 8.87

93090 CS 72/4oz SUNCUP CUP LEMONADE JUICE FROZEN 8.44

93098 BOX 2.5#AVG ACME NOVA SALMON,SLICED 9.99

93102 CS 12/2.5 LUCKY CRABMEAT BLEND 40.5

93106 CS 10 LB GOODHA FISH CAKES 2oz 11.66

93107 U 6/4.5 LB GORTON 2 OZ. FISH CAKE 1.17

93112 CS 10 LB F.P.I. COD TAIL IQF 4oz 35.1

93122 CS 10 LB GOOHAR FISH PORTION BREADED 3 OZ 15.23

93124 CS 4/10 LB POLLACK FILLETS RAW 45.36

93128 CS 12/1 LB GUACAMOLE 41.34

93136 CS 40/4oz MIDSHP FLOUNDER, BREADED PRE-CKD 22.9

93152 CS 6/2 lb. MS.FRI BREADED CALAMARI RINGS 74.21

93156 CS 30 LBS NORTH WHITEFISH PORTIONS LOW/SOD44.71

93158 CS 10 LB TILAPIA FILLETS 5/7 31.21

93160 CS 10 LB TILAPIA FILLETS 3/5 22.68

93162 CS 6/6 LB NORTH POLLOCK,UNBRD RAW TAIL 4oz 91.37

93164 CS 10 LBS WHITING, FILET UNBREADED 21.48

93166 CS 10 LBS POLLOCK, FILET IQF 6-8oz 21.49

93168 CS 5/2-LBS SEAPAK SHRIMP POPPERS-BREADED 18.36

93172 CS 12/7.5 TAMPA SHRIMP FOR BASKET 16.04

93174 CS 24/4oz C.FRED BREADED CLAM STRIPS A113 19.14

93186 CS 10 LBS GOODHA FISH FRIES 14.58

93187 U 126 CT. FRIONR POLL.FISH FRIES- F014BF F0140.12

93192 CS 160 CT VIKING FISH NUGGETS BF F035 15.12

93198 CS 10 LB SALMON FILLET 6oz 49.57

93282 CS 10 LB SHRIMP, COOKED 200/300 CT 45.36

93300 CS 2/10 LB GRCIAN GYRO CHICKEN SMALL #502 55.46

93301 *** 1/10 LB GRCIAN GYRO CHICKEN SMALL #502 27.74

93302 CS 2/19 LB GRCIAN GYRO CHICKEN MEDIUM #501 105.05

93303 *** 1/19 LB GRCIAN GYRO CHICKEN MEDIUM #501 52.52

93304 CS 4/10 LB GRCIAN GYRO CHICAGO MINI #185 110.31

93308 CS 4/15 LB GRCIAN GYRO CHICAGO SMALL #180 127.33

93309 *** 1/15 LB GRCIAN GYRO CHICAGO SMALL #180 31.83

93310 CS 2/20 LB GRCIAN GYRO CHICAGO MEDIUM #181 108.15

93311 *** 1/20 LB GRCIAN GYRO CHICAGO MEDIUM #181 54.07

Page 133: Executed Contract

93314 CS 1/40 LB GRCIAN GYRO CHICAGO X-LARGE #183 107.39

93316 CS 6/6 LB GRCIAN GYRO CHICAG LOAF RAW #186 99.35

93324 CS 2/20 LB GRCIAN GYRO ATHENIAN MEDIUM #128 118.04

93325 *** 1/20 LB GRCIAN GYRO ATHENIAN MEDIUM #128 59.02

93334 CS 4/3.5LB GRCIAN FALAFEL 4/3.5LB 28.08

93336 CS 2/3.75 GRCIAN FETA FEISTY (TYROKAFTERI) 32.67

93338 CS 24/1 LB XXXXXX FILLO STRUDEL APLHA 39.13

93340 CS 24/1 LB APOLLO FILLO APPOLO #7 GREEN 43

93342 CS 24/1 LB APOLLO FILLO HORIATIKO #10 RED 43

93348 CS 12/1 LB APOLLO FILLO KATAIFI 12/1 LB 23.65

94090 CS 24/1 LB FARMLD BACON, SLICED PACKAGES 50.57

94094 CS 15 LB HATFLD BACON,HOTEL SLICED 2.64

94096 CS 30 LB MARIAH BACON MARIAH 13/17 102.06

94098 CS 15 LBS HATFLD BACON, LAY OUT 2210 24.95

94100 CS 2/9#AVG JENNIE TURKEY BREAST ROAST, FOIL 2.75

94102 CS 2/9#AVG PERDUE TURKEY BREAST ROAST, FOIL 58.13

94106 CS 2/10 AVG TURKEY BREAST DELIGHT L/S 1.3

94502 CS 6/6 CAVEND SHOESTRING CRISPY 27.76

94504 CS 6/5 LB CAVEND KRINKLE CUT FRY O/R 18.12

94505 *** 5 LB BAG CAVEND KRINKLE CUT FRY O/R - BAG 4.12

94506 CS 6/5 LB FAIR FRENCH FRY 3/8 STR 20.48

94508 CS 6/4.5LB CAVEND FRENCH FRIES SPICY STRAIGHT 25.66

94512 CS 6/5 LB LAMB FRIES, CURLY LOOPS 31.66

94516 CS 6/4.5LB CAVEND CRYSTAL RED COATED FRIES 21.3

94518 CS 6/5 LB SPUD STEAK CUT FRY 15.59

94520 CS 6/5 LB RAW YUCCA 24.83

94522 CS 20 LB BANANA LEAVES 20.43

94524 CS 6/5 LB MCCAIN KRINKLE CUT FRY O/R 17.61

94534 CS 6/5 LB KRINKLE CUT FRY D/F 20.48

94536 CS 6/5 LB SNOW KRINKLE FRIES-SNOW SPUD 20.43

94540 CS 6/6 LB CAVEND FRIES, 3/8 REGULAR SCOTCH 12.77

94544 CS 6/5 LB YUKON FRENCH FRIES, SHOESTRINGS 10.64

94546 CS 6/5 LB CAVEND TATER GEMS (ROUNDS) 16.77

94548 CS 12X20CT CAVDSH HASH BROWNS 34217 32.16

94550 CS 30 LB CAVEND HASH BROWN POTATOES 28.06

94554 CS 6/5 LB SIMPLO HOME FRIES CLASSIC 29.83

94558 CS 6/4.5 CAVEND FRENCH FRIES COATED 3/8 24

94560 CS 6/4 LBS McCAIN SMILES MASHED POTATOES 26.07

94564 CS 6/4 LB MCCAIN SEASONED SPIRAL FRIES 3622 28.13

94566 CS 6/6 LB SCHOOL FRENCH FRIES - WD PR PR39513.55

94570 CS 6/4.5 LB McCAIN SEASONED WAFFLE FRY 402573 23.65

94574 CS 6/4.5LB OREIDA WAFFLE FRIES 18.84

94576 CS 4/6# BIGBAN PLANTAIN SLICES BF FS021 22.52

94578 CS 6/5 LB SNOW FRENCH FRIES SNOW SPUD 20.43

94580 CS 4/5 LB CAVEND KETTLE CRISP SLICED POTATO 33.11

94584 CS 6/4.5LB BONANZ FRIES COATED REGULAR CUT 21.5

94586 CS 4/6 LB PENOBS POTATO SKINS, BAKED 44.3

Page 134: Executed Contract

94588 CS 6/5 LB MCCAIN HARVEST COATED FRIES 3/8 15.48

94598 CS 6/5 LB SPUDQ COATED FRIES 3/8 #18094 15.48

94600 CS 6/5 LB CAVEND SWEET POTATO FRIES 25.26

94622 CS 8/2 LB ENDICO ONION RINGS BREADED 14.3

94624 CS 6/2.5LB MCAIN* BREW CITY ONION RINGS 33.33

94626 CS 6/2 LB COLONY ONION RINGS, STEAK CUT 19.48

94628 CS 15 LB PERDUE BREADED HOT WINGS COOKED 40.23

94630 CS 2/5 LB TYSON HONEY BARBECUE WINGS #106040.82

94650 CS 6/4 LB NUGGET ZUCCHINI STICKS BREADED 39.64

94664 BOX 80/20 CARGIL HAMBURGER BEEF PATTIES 24.62

94670 BOX 40/4 OZ MAGNOL HAMBURGER BEEF PATTIES XL 18.25

94800 CS 22# AVG HATFLD HAM, COOKED 2376 1.1

95004 BAG 3# AVG BEEF STEW CUBES FROZEN 8.71

95006 CS 10 LB BEEF SANDWICH STEAK 2.5oz 22.68

95008 CS 3.9 LB BACON PRE-COOKED 26.86

95010 PC 13# AVG FARMLA HAM BOILED DELI 13# 1.61

95012 BAG 5 LB PEPPERONI SLICED 12.64

95014 CS 10LB AV PASTRAMI COOKED 2.86

95018 PC 10LB AV RAW CORNED BEEF 2.47

95022 PC 5LB AVG PEPPERONI WHOLE 2.91

95024 CS 18 LB AV LEGACY TURKEY BREAST OVEN ROASTED3.34

95026 CS 6/2 LB JENNIE TURKEY BREAST SLICED .7oz 46.66

95030 CS 10 LB PIERRE BEEF CRUMBLES, F/C 3206 23.48

95038 EA 4# AVG DAKOTA CANADIAN BACON 2.32

95042 CS 4/2.5 LB JENNIE CANADIAN TURKEY BACON BF P1282.65

95052 CS 24/3oz PERDUE CHICKEN BREAST RAW B/S 3oz 16.96

95054 CS 48/4oz TYSON CHICKEN BREAST RAW IQF 33.86

95056 CS 24/5oz PERDUE CHICKEN BREAST RAW B/S 28.13

95058 CS 10 LB HATFLD FRANKS,BEEF 10-1 24.3

95068 CS 10 LB PHILLY PHILLY SANDWICH STEAK 24.73

95074 CS 6/5LB SABRET FRANKS, BEEF SABRETT 97.78

95076 CS 20 LB JENNIO FRANKS, TURKEY 22.25

95078 CS 10 LB HATFLD FRANKS, BEEF 8-1 24.3

95080 CS 10 LB HATFLD KIELBASA 6" 4/1 25.7

95120 CS 86/3.75 KINGS BEEF RIB-BBQ 35.69

95122 CS 52/3.1 PIERRE PORK RIB PATTY-BBQ GLAZE 23.27

95198 CS 120/4 GOOD MEATLOAF,FULLY COOKED 41.06

96000 CS 25 LB BEEF,BOTM RND GSNK NR 170.1

96002 CS 50/3.2oz BEEF PATTY GRND 80/20 HMSTYL18.25

96004 CS 120/4 OZ GOOD STEAK SALISBURY PTY COOKED 43.77

96006 CS 100/3oz ADVANC MEATLOAF, SLICED 34.96

96008 CS 10 LB BUONA MEATBALLS 1/2 OZ 11.29

96010 CS 40 LB MAID MEATBALL ALL PURP 1.5oz PCKD50.98

96012 BOX 3/22#AVG BEEF ROUND INS TOP168 141.85

96014 CS 10 LB BEEF MEATBALLS 1oz 20

96016 *** 5 LB PLYMTH GROUND BEEF RAW 90/10 9.68

96020 CS 10 LB GROUND BEEF RAW 17.82

Page 135: Executed Contract

96022 CS 5 LB GROUND BEEF RAW 85/15 9.72

96024 CS 3/10 LB MAID BEEF LIVER SLICED 4oz 56.54

96028 CS 40/4oz DR.PRG VEGGIE BURGER 33.76

96036 CS 6/5 LB TURKEY MEATBALLS 1/2oz 75.68

96046 CS 3# GROUND BEEF 90/10 5.81

96048 CS 4/5 LB PLYMTH GROUND BEEF BULK 81/19 36.18

96050 CS 120/4 GOOD VEAL PATTY BREADED 46.92

96052 CS 40/4 MAID VEAL PATTY BREADED 18.68

96060 CS 10 LB CHEF MEATBALLS-PRECOOKED 1oz 13.23

96064 CS 4/69oz STOUFF SALISBURY STEAK, GRAVY 55.23

96070 CS 10 LB BUONA MEATBALLS 1oz 11.29

96072 CS 90/2.5 ADVNCE BROILED BEEF PATTY CN 31.07

96074 CS 136/2oz MAID BROILED BEEF PATTY 2oz 32.03

96076 CS 160/3oz SILVER BROILED BEEF PATTY 30.21

96090 CS 10 LB GRCIAN BEEF GYRO SLICES IQF #065 29.38

96092 CS 10 LB GRCIAN CHICKEN GYRO SLICES COOKED 30.76

96098 CS 2/15 LB GRECIA GYRO CHICAGO SMALL #178 81.07

96100 CS 1/30 LB GRECIA GYRO CHICAGO LARGE #179 81.07

96102 CS 1/30 LB GRECIA GYRO OLYMPIC SPIRIT LG #213 72.85

96104 CS 1/30 LB GRECIA GYRO BEEF LARGE #045 86.91

96106 CS 1/30 LB GRCIAN GYRO ATHENIAN LARGE #123 88.49

96108 CS 36/4oz CORN DOGS 18

96110 CS 60/5.75 FERNAD BURRITO,RED BEAN & BEEF 31.81

96112 CS 96/4.45 FERNAD BURRITO,BEEF & CHEESE I/W 45.74

96114 CS 72/4oz FOSTER CORN DOGS, TURKEY 22.83

96116 CS 10 LB FOSTER MINI CORN DOGS 240 CT 21.29

96118 CS 60/5.75 FERNAD BURRITO, CHICKEN 30.76

96124 CS 60/2.67 FOSTER SAUSAGE & PANCAKE STICKS 18.28

96134 CS 400/.70 PIERRE BEEF WONDERBITE DIPPERS 50.8

96138 CS 400/.75 PIERRE CHICKEN WONDERBITE DIPPER 32.81

96144 CS 50 CT RED C JAMAICAN BEEF PATTY 25.53

96146 CS 50 CT RED C JAMAICAN CHICKEN PATTY 25.8

96148 CS 50/5 oz GOLDEN JAMAICAN PATTY BF FS10116.66

96150 CS 50/5oz PATTY JAMAICAN BEEF PATTY NYC 21.97

96154 CS 20 LB TYSON CHICKEN BREAST FILET FC BF P14629.16

96158 CS 40/4OZ TYSON CHICKEN BRST FILLET #944 32.4

96160 CS 2/5# TYSON STRIPS OF FIRE #8335 34.82

96162 CS 30 LB TYSON WHITE WHL MUSCLE TENDERS #1671275.06

96164 CS 60/3.53 TYSON CHICKEN BRST PATTY #2379 26.68

96166 CS 160/3 OZ GOOD CHICKEN BRST PATTY LOW/SOD 42.44

96168 CS 75/3.2 TYSON CHICKEN PATTY SPICY #3873 50.7

96170 CS 2/5 LB CHICKEN PATTY HALAL 3oz 16.31

96172 CS 20 LB TYSON CHICKEN PATTIES 16609 20.95

96176 CS 30 LB TYSON POPCORN CHICKEN 002940 54

96178 CS 3/5# TYSON CHICKEN STICKS-CN,CKED BRD 41.08

96184 CS 20 LB TYSON CHICKEN NUGGETS 21418 21.6

96186 CS 250 PCS TYSON CHICKEN BRST CHUNKS #2378 21.11

Page 136: Executed Contract

96188 CS 2/5# TYSON CHICKEN NUGGETS 5810 15.58

96190 CS 120 CT JENNIE TURKEY SAUSAGE PATTY 20.9

96192 CS 2/5# TYSON WINGS OF FIRE #5210 33.6

96196 CS 10 LB TYSON POPCORN BUFFALO CHIC 8353 30.11

96200 CS 2/10 LB TURKEY GROUND RAW 12.74

96206 CS 10 LB TYSON CHICKEN TENDER #16268-687 21.06

96216 CS 10 LB TYSON CHIC,WHITE DICED 38356 31.86

96220 CS 25 LB PIERCE WING ZINGS WZ250 75.6

96222 CS 10 LB PIERCE BONELESS WING DINGS 33.7

96226 CS 15 LB CHICKEN WINGS BREADED 40.23

96228 CS 10 LBS TYSON CHICKEN BRST FRITTER 3596 24.79

96232 CS 2/5 LBS TYSON CHICKEN TENDER 10341 24.08

96264 CS 48-PCS TYSON CHICKEN SPLIT BREASTS 3775 46.61

96266 CS 12/4pc TY**** CHICKEN 4 PC CUT #4405 31.65

96268 CS 2/5# TYSON CHICKEN PATTIES #5809 12.14

96270 CS 106/2.7 TYSON CHICKEN DRUM PRCK BRD OVNEZ51.84

96272 CS 52 CT TYSON CHICKEN LEG QUARTERS IQF 60.24

96286 CS 40# KOCH CHICKEN LEG QUARTERS 0.58

96288 CS 41.5 LBS TYSON CHICKEN LEG QUARTERS IQF 146.88

96290 CS 48/7.3 TYSON CHICKEN LEGS IQF #3825 33.53

96298 CS 10 LBS TYSON BRANDYWINE TENDERS #76156 33.48

96302 CS 10 LBS TYSON CHICKEN TENDERS, HERITAGE 13.93

96304 CS 10 LBS KOCH CHICKEN TENDERS, 13518 22.04

96306 CS 40# AVG CHICKEN BREAST FRESH 1.57

96310 CS 2/5# PILGRM CHICKEN FAJITA STRIPS 31.18

96318 CS 24/4oz TYSON CHICK BREAST B&S 4oz 20.45

96320 CS 10 LBS KOCH CHICKEN PATTIES GRILLED 30.24

96322 CS 40/4oz TASTY CHICKEN BREAST BREADED 3214022.52

96324 CS 53/3oz CHICKEN BREAST BREADED FC 12.29

96326 CS 36/4oz TYSON CHICKEN BREAST FC 19.35

96328 CS 52/4.5oz TYSON CHICKEN BREAST GOURMET GM23.65

96330 CS 2/5 LB TYSON CHICKEN BREAST GRILLED 30.1

96332 CS 10 LB #8945 CHICKEN FILLET BREADED #2 13.5

96338 CS 2/5# TYSON CHICK BRST STRIPS-FAJITAS 40.76

96340 CS 27 LB TYSON WHL GRAIN CHICK NUGGETS 215537.8

96356 CS 20 LB CRISPY CHICKEN STRIPS COOKED22.9

96358 CS 10 LB WAYNE CHICKEN BRST STRIPS JULN 35.21

96366 CS 10 LBS KOCH CHICKEN POPCORN F/C 9.18

96368 CS 102/2.75 TYSON GRILLED CHICKEN PATTY #431 41.9

96388 CS 96 CT TYSON CHICKEN DRUMSTICKS IQF 35.65

96392 CS 106/2.72 TYSON CHICKEN DRUMSTICKS #1276 65.8

96394 CS 40# AVG CHICKEN THIGHS, BONELESS 1.46

96396 CS 30 LB TYSON CHICKEN 1/4 CUT IQF 1028928 50.25

96480 CS 20/4oz LAMB CHOPS SHOULDER FROZEN21.45

96482 CS 24/4oz PORK CHOPS BONE-IN 4oz 19.06

96484 BAG 3# TYSON PORK CUBES RAW FROZEN 6.74

96486 CS 32/5oz HATFLD PORK CHOPS CENTER CUT 5oz 32.94

Page 137: Executed Contract

96488 CS 40/4oz HATFLD PORK CHOPS CENTER CUT 4oz 32.94

96490 CS 106/1.5 PORK SAUSAGE PATTY COOKED 18.81

96492 CS 60 LB THUMAN BREAKFAST SAUSAGE 154.16

97008 CS 2/2 LTR DOUWE COFFEE, 100% COLUMBIAN FRZ.104.15

97014 CS 12/32oz RICH'S WHIPPED TOPPING 8011 44.72

97016 CS 12/16oz RICH'S DESSERT TOPPING ON TOP 27.81

97018 TUB 30 LB RICH TOPPINGS,WHIP BASE 51.84

97022 CS 48/6 oz SUNCUP APPLE JUICE FROZEN 7.36

97774 CS 24 CT BOBOLI PIZZA CRUST 8" 35.34

97780 CS 20/26oz RICH'S PIZZA DOUGH SHEETS 16" 28.49

97784 CS 20 CT RICH'S PIZZA DOUGH WHEAT 16" 3062 33.29

97786 CS 10 CT NARDON PIZZA SHELL WHEAT 18X26 26.61

97788 CS 18/26 NYSID PIZZA CRUST PARBK 15.08

98002 CS 6/2.5 NUGGET ASPARAGUS SPEARS 33.86

98004 CS 6/2.5 NUGGET ASPARAGUS CUTS & TIPS 20.96

98016 CS 12/2 LB NUGGET BROCCOLI FLORETS 14.19

98017 *** 2 LB NUGGET BROCCOLI FLORETS - SPLIT 1.18

98018 CS 12/2.5# NUGGET BROCCOLI CUTS 16.45

98020 CS 12/2.5# NUGGET BROCCOLI, CHOPPED 19.35

98022 CS 12/2 LB NUGGET ORIENTAL VEGETABLE 17.29

98026 CS 12/2 LB NUGGET BROCCOLI SPEARS 14.71

98030 CS 12/2 LB NUGGET BRUSSEL SPROUTS 14.96

98032 CS 20 LB BRUSSEL SPROUTS 9.25

98036 CS 20 LB CARROTS, DICED 9.03

98040 CS 12/2 LB NUGGET CARROTS, SLICED 10.84

98041 *** 2 LB NUGGET CARROTS, SLICED - SPLIT 0.9

98042 CS 12/2 LB NUGGET CARROTS, BABY WHOLE 14.19

98044 CS 20 LB NUGGET CARROTS, SLICED 7.53

98046 CS 3/10 LB CARROTS, SLICED FROZEN 18.28

98048 CS 6/2.5 LB CAVEND ONION PETALS 28.42

98050 CS 12/2 LB NUGGET CAULIFLOWER 13.67

98051 *** 2 LB PKG NUGGET CAULIFLOWER - SPLIT 1.14

98052 CS 20 LB CAULIFLOWER 9.25

98054 CS 12/2.5# NUGGET CORN CUT 19.35

98056 CS 6/2# CORN NUGGETS BATTERED 23.03

98058 CS 20 LB NUGGET CORN 11.83

98060 CS 3/10 LB CORN WHL KERNEL FOZEN 19.24

98064 CS 96 CT NUGGET CORN COB 3" 11.72

98072 CS 12/2 LB NUGGET BEANS, GREEN WHOLE 14.96

98074 CS 12/2 LB NUGGET BEANS, GREEN CUT 12.64

98075 *** 2 LB NUGGET BEANS, GREEN CUT - SPLIT 12.64

98076 CS 20 LB BEANS, GREEN CUT 9.68

98078 CS 12/2 LB NUGGET BEANS, GREEN ITALIAN 14.45

98079 *** 2 LB NUGGET BEANS, GREEN ITALIAN - SPLIT 1.2

98080 CS 20 LB NUGGET MIXED VEGETABLES 12.9

98082 CS 12/PKG NUGGET BEANS, GREEN FRENCH CUT 17.54

98083 BAG 3 LB NUGGET BEANS, GREEN FRENCH CUT 1.46

Page 138: Executed Contract

98084 CS 12/2 LB NUGGET MIXED VEGETABLES, ITALIAN 17.03

98086 CS 30 LB BEANS, GREEN CUT IQF 18.6

98092 CS 20 LB LIMA BEANS 17.42

98094 CS 12/2.5# NUGGET MIXED VEGETABLES 20.32

98095 *** 2.5 LB NUGGET MIXED VEGETABLES - SPLIT 1.7

98098 CS 12/2.5# NUGGET PEAS, GREEN 20.32

98100 CS 20 LB NUGGET PEAS, GREEN 12.69

98102 CS 12/2.5# NUGGET PEAS & CARROTS 18.38

98104 CS 20 LB NUGGET PEAS & CARROTS 12.04

98106 CS 12/2 LB NUGGET PEAS & PEARL ONIONS 26.83

98110 CS 3/10 LB PEAS, GREEN FROZEN 20.53

98114 CS 12/3 LB NUGGET SPINACH, CHOPPED 15.87

98115 *** 3 LB PKG NUGGET SPINACH,CHOPPED - SPLIT 1.32

98118 CS 12/3 LB NUGGET SPINACH, LEAF 19.74

98120 CS 12/3 LB SIMPLT SQUASH YELLOW 22.06

98121 BAG 3 LBS SIMPLT SQUASH YELLOW 1.84

98122 CS 12/3 LB NUGGET ZUCCHINI, SLICED 20.9

98126 CS 12/PKGS NUGGET WAX BEANS 17.8

98130 CS 20 LB WAX BEANS 10.54

98132 CS 12/4 LB NUGGET SQUASH MASHED 28.38

98154 CS 12/3 LB NUGGET COLLARD GREENS, CHOPPED PR PR32320.9

98155 *** 3 LB NUGGET COLLARD GREENS - SPLIT 1.74

98158 CS 12/3 LB NUGGET KALE, CHOPPED 27.48

98160 CS 12/2 LB NUGGET CARROTS, DICED 10.84

98168 CS 20 LB NUGGET ONIONS, DICED 10.11

98170 CS 12/3 LB SNOW F SPINACH, CHOPPED 21.67

98172 CS 12/2 LB NUGGET OKRA CUT 16.77

98174 CS 12/3 LB NUGGET TURNIP GREENS, CHOPPED 26.7

98176 CS 20 LB NUGGET GREEN PEPPERS, DICED 13.87

98180 CS 20 LB NUGGET RED PEPPERS, DICED 17.2

98182 CS 40 LB CELERY, DICED 24.94

98184 CS 1/25 LB NUGGET PEPPERS, SLICED 17.74

98196 CS 6/4 LB NORPAC CARIBBEAN BLEND 35.67

98198 CS 12/2 LB NUGGET CALIFORNIA BLEND 14.19

98204 CS 12/2 LB SCANDINAVIAN VEGETABLES 19.35

98206 CS 20 LB BROCCOLI FLORETS 10.54

98232 CS 12/2 LB NUGGET WINTER BLEND VEGETABLES 17.29

98530 CS 22 LB PINEAPPLE CHUNKS, FROZEN 21.99

98544 CS 30 LB FROZEN CHASE CHERRIES 30.64

98562 CS 2/5 LB FROZEN STRAWBERRIES IQF 9.68

98568 CS 30 LB BLUEBERRY, IQF 40.31

Page 139: Executed Contract

Appendix C, Number 2, Contractor Information; Contract Administrator; Distribution Center;

Electronic Access Ordering; Procurement Card; and Sub-Lot Markup Rates

CONTRACTOR: H. Schrier & Co., Inc.

4901 Glenwood Road, Brooklyn, NY 11234

Contract Administrator: David Libertoff

Telephone: 718-258-7500

Toll Free Telephone: 855-677-7780

Fax Number: 718-258-9586 Cell – Emergency Only: 516-857-1913

E-Mail: [email protected]

Mailing Address: H. Schrier & Co., Inc. 4901 Glenwood Road Brooklyn, NY 11234

After Hours Emergency Contact:

Jonathan Libertoff & Gary Rubin

Normal Business Hours: M-F 8:00am to 5:00pm

Telephone: 718-258-7500

Toll Free Telephone: 855-677-7780

Fax Number: 718-258-9586

Cell – Emergency Only: 516-445-2436

E-Mail: [email protected]

Online Ordering: www.schrierfoodservice.com

Ordering: -Contractor offers Electronic Access Ordering (EDI). -Contractor does not accept the NYS Procurement Card. -Contractor does not offer a prompt payment discount for payment within 15 days and/or receipt of voucher. -Contractor does not offer a prompt payment discount for payment within 30 days and/or receipt of voucher.

Distribution Center: 4901 Glenwood Road Brooklyn, NY 11234

Commercial l (Downstate Region) Markup by Sub-lot

Sub-Lot Markup Percentage

Ambient, Canned, Dry 7.50%

Baked Goods 8.00%

Dairy 8.00%

Frozen 7.50%

Meat, Poultry & Fish 8.00%

Non-food 8.00%

Produce 14.00%

Page 140: Executed Contract

Region List

GROUP 02450 - Food, (Commercial, Retail and Baked Goods) (Statewide)

Albany

Allegany

Bronx

Broome Cattaraugus

Cayuga

Ch

en

an

go

Clinton

Delaware

Erie

Essex

Franklin

Fulton Genesee

Greene

Hamilton

Jefferson

Kings

Lewis

Madison

Monroe

Montgomery

New York

Niagara Oneida

Onondaga

Ontario

Orange

Orleans

Oswego

Otsego

Putnam

Queens Richmond

Rockland

St. Lawrence

Schuyler

Steuben

Suffolk

Sullivan

Tioga

Ulster

Warren

Wayne

Yates

60 km

40 mi

CortlandSen

eca

= Western Region

= Central Region

= Eastern Region

= Downstate Region

6/30/2014

Number 3 -NYS Regions map, Preferred Source and Market Basket Products List Page 1 of 5

Page 141: Executed Contract

Appendix C Number 3 NYS Regions map, Preferred Source and Market Basket Products List H. Schrier Commercial Downstate

Region

Preferred Source Product List

Sub-LotPreferred Source

Item Number Preferred Source Preferred Source Description Pack Size

Ambient, Canned, Dry 16972 NYSID MARGARINE SPREAD CUP 600 5 GM

Non-Food U01FSDWD004 CORCRAFT AUTO DISHWASHER DETERGENT 4 1 GAL

Ambient, Canned, Dry 5761051 NYSID PIZZA CRUST PARBK 6 18X26

Ambient, Canned, Dry 1420439 NYSID COFFEE INSTANT REG 30 6OZ

Ambient, Canned, Dry 5110343 NYSID DRINK MIX ORG 50 .94LB

Ambient, Canned, Dry 5110314 NYSID DRINK MIX LMNADE 50 .94LB

Non-Food 804.4 IND OF THE BLIND OF NY

GLOVE LARGE SYNTHETIC POWDER

FREE 1000 CS

Ambient, Canned, Dry 9311184 NYSID MIX GRAVY CHKN 8 15OZ

Ambient, Canned, Dry 5109586 NYSID DRINK MIX GRAPE 50 .94LB

Ambient, Canned, Dry 2927499 NYSID PUDDING CHOCOLATE INSTANT 6 1.75LB

Ambient, Canned, Dry 5121886 NYSID DRINK MIX FRUIT PUNCH 50 .94LB

Ambient, Canned, Dry B2607-FRCH-000 NYSID DRESSING FRENCH FTFR PKT 125 1.5 OZ

Ambient, Canned, Dry B2607-ITAL-000 NYSID DRESSING ITALIAN FTFR 125 1.5 OZ

Non-Food U01FSDLR004 CORCRAFT DELIMER MACH LOPHOS LIMAWAY NP 4 1 GAL

Ambient, Canned, Dry 4551461 NYSID PUDDING MIX RICE 12 28 OZ

Ambient, Canned, Dry 2927648 NYSID PUDDING VANILLA INSTANT 6 1.75LB

Ambient, Canned, Dry 9311317 NYSID MIX GRAVY BRN 8 15OZ

Ambient, Canned, Dry 7313398 NYSID SPICE PEPPER BLK GRND 4 4.4LB

Ambient, Canned, Dry 6769814 NYSID ICING MIX VAN 12 10 OZ

Non-Food D4006-SYSC-800 NYSID TOWEL PAPER ROLL 8""NAT. NON-PERF 6 800 FT

Ambient, Canned, Dry 9311267 NYSID TEA ICED SWEET INST 12 25OZ

Ambient, Canned, Dry 4551933 NYSID PUDDING MIX BREAD 12 28 OZ

Ambient, Canned, Dry 6768899 NYSID ICING MIX CHOC 12 10 OZ

Ambient, Canned, Dry 7335977 NYSID SOUP BASE BEEF FLVR MTLS 1 25LB

Ambient, Canned, Dry 4355129 NYSID DRESSING MIX ITAL 8 27.5OZ

Ambient, Canned, Dry 7311236 NYSID SPICE GARLIC PWDR 4 4.4LB

Page 142: Executed Contract

Appendix C Number 3 NYS Regions map, Preferred Source and Market Basket Products List H. Schrier Commercial Downstate

Region

Sub-Lot Description Manufacturer Name

NYS Approved

Substitute

Manufacturer1 Ambient, Canned, Dry APPLESAUCE UNSWEETENED MEET USDA GRADE B OR BETTER

2 Ambient, Canned, Dry APPLESAUCE IN JUICE CUP KNOUSE FOODS

3 Frozen BEAN GREEN CUT INDIVIDUAL QUICK FROZENMEET USDA GRADE B OR BETTER Reddy Raw

4 Frozen BEAN GREEN FRENCH CUT INDIVIDUAL QUICK FROZENMEET USDA GRADE B OR BETTER

5 Ambient, Canned, Dry BEAN KIDNEY DARK RED IN BRINE FURMANO #10283

6 Meat, Poultry & Fish BEEF GROUND BULK FROZEN 81 USDA GUIDE

7 Meat, Poultry & Fish BEEF LIVER 4 OZ PORTION USDA GUIDE

8 Meat, Poultry & Fish BEEF PATTY GROUND 80/20 4X1 USDA GUIDE

9 Meat, Poultry & Fish BEEF PATTY GROUND 80/20 HOMESTYLE USDA GUIDE

10 Meat, Poultry & Fish BEEF PATTY GRND CHARBROILED W/TEXTURED VEGETABLE PROTEINMAID RITE

11 Meat, Poultry & Fish BEEF PATTY W/VEAL BREADED AND PRE-COOKEDGOOD SOURCE INC #31300-4030

12 Meat, Poultry & Fish BEEF TOP ROUND USDA GUIDE

13 Frozen CARROT SLICE FROZEN MEET USDA GRADE B OR BETTER Reddy Raw

14 Ambient, Canned, Dry CEREAL CORN FLAKE HOSPITALITY Golden Foods

15 Ambient, Canned, Dry CEREAL INSTANT HOT OATS VARIETY PACK (APPLE & CIN)QUAKER FOODS AND BEVERAGES

16 Ambient, Canned, Dry CEREAL HOT QUICK-COOKING OATS RAYMOND-HADLEY CORP La Crosse Millin

17 Dairy CHEESE AMERICAN WHITE SLICED 120CT SOMMER MAID CREAMERY #21182-a Whitehall

18 Dairy CHEESE VERMONT CHEDDAR EXTRA SHARP WHITE CABOT CREAMERY Laubsher

19 Dairy CHEESE MOZZARELLA LOW MOISTURE PART SKIM SHREDDEDUSDA LMPS SPECIFICATIONS

20 Meat, Poultry & Fish CHICKEN BREAST PATTY FULLY-COOKED RSGOOD SOURCE INC #31300-4030 Golden Platter

21 Meat, Poultry & Fish CHICKEN BREAST STRIP JULN WAYNE FARMS

22 Meat, Poultry & Fish CHICKEN DRUM PRE-COOKED BREADED OVEN-READYTYSON FOODS POULTRY #1276-0928

23 Meat, Poultry & Fish CHICKEN WHITE MEAT, DICED .5" TYSON FOODS POULTRY

24 Meat, Poultry & Fish CHICKEN PATTY HALAL 3 OZ HALAL SOURCE Golden Platter

25 Ambient, Canned, Dry CHIP POTATO REGULAR IND FRITO LAY #19846

26 Meat, Poultry & Fish COD TAIL INDIVIDUAL QUICK FROZEN 4 OZ FISHERY PRODUCTS INTL

27 Non-Food CONTAINER FOAM (3 COMPARTMENT WITH HINGED LID)NO BRAND SPECIFIED Darnel

28 Ambient, Canned, Dry COOKIE CHOC CHIP HOMESTYLE KRAFT FOODS #001932001322

29 Ambient, Canned, Dry COOKIE OATML HOMESTYLE KRAFT FOODS #001932001320

30 Ambient, Canned, Dry COOKIE SUGAR HOMESTYLE KRAFT FOODS #001932001319

31 Frozen CORN WHOLE KERNEL MEET USDA GRADE B OR BETTER Reddy Raw

32 Ambient, Canned, Dry CORNBREAD MIX CONTINENTAL MILLS

33 Non-Food CUP FOAM 8 OZ (INSULATED) NO BRAND SPECIFIED

34 Non-Food CUP PAPER, COLD, 9 OZ. (WAX) SOLO CUPS

35 Non-Food CUP, POLYSTYRENE, HOT, 8 OZ. SOLO CUPS

36 Non-Food DETERGENT LAUNDRY POWDER, TOP LOAD (HIGH ALKALINE)SEATEX CORP Starco

37 Non-Food DETERGENT LAUNDRY, SOLID, (W/ENZYMES)NO SPECIFIED BRAND

38 Meat, Poultry & Fish DINNER MEATLOAF FULLY COOKED GOOD SOURCE INC

39 Dairy EGG HARD-BOILED WHOLE PEELED USDA GUIDE

40 Dairy EGG SCRAMBLED HEAT / SERVE, FRESH EGG LOW FARMS INC #54321

41 Frozen ENTREE LASAGNA PORTION EASTSIDE ENTREES

42 Frozen ENTREE PEPPER GREEN STUFFED CONAGRA FROZEN FOODS

43 Ambient, Canned, Dry FLOUR H&R CONAGRA GRAIN PROCESSING Bay State

44 Non-Food FOOD WRAP, FILM, PVC ROLL, 18"X 3000', CLEARREYNOLDS FOOD PACKAGING LLC Darnel

45 Ambient, Canned, Dry FRUIT COCKTAIL IN PEAR JUICE PACIFIC COAST PRODUCERS Premium

46 Ambient, Canned, Dry FRUIT MIX BOWL IN PEAR JUICE PACIFIC COAST PRODUCERS Dole

47 Ambient, Canned, Dry GELATIN RASPBERRY RED DIAMOND CRYSTAL SALES LLC

48 Ambient, Canned, Dry GREEN COLLARD CHOP MEET USDA GRADE B OR BETTER

49 Frozen HONEY BUN GLAZED INDIVIDUALLY WRAPPEDGOOD SOURCE

50 Dairy ICE CREAM CHOCOLATE IN FOAM CUP BYRNE DAIRY

51 Dairy ICE CREAM VANILLA IN FOAM CUP BYRNE DAIRY

52 Ambient, Canned, Dry JELLY GRAPE CONCORD CARRIAGE HOUSE CO

53 Ambient, Canned, Dry JUICE APPLE 100% APPLE & EVE LLC

Page 143: Executed Contract

Appendix C Number 3 NYS Regions map, Preferred Source and Market Basket Products List H. Schrier Commercial Downstate

Region

54 Ambient, Canned, Dry JUICE APPLE PLUS FIBER NUTRA BALANCE PRODUCTS

55 Ambient, Canned, Dry JUICE ORANGE CLEMENT PAPPAS Sunpac

56 Ambient, Canned, Dry JUICE PRUNE SHELF STABLE LYONS MAGNUS

57 Ambient, Canned, Dry JUICE PUNCH FRUIT 100% APPLE & EVE LLC

58 Ambient, Canned, Dry JUICE PUNCH VERY BERRY 100% APPLE & EVE LLC

59 Ambient, Canned, Dry KETCHUP PACKET ELWOOD INTERNATIONAL INC #W601-1 Four In One

60 Ambient, Canned, Dry KIT DIET BLUE 2 BERRY PLASTICS CORP

61 Produce LETTUCE SALAD MIX SEPARATE FRESH TAYLOR FARMS CALIFORNIA

62 Non-Food LIDS, PLASTIC (MUST FIT 8 OZ HOT CUPS ABOVE)NO BRAND SPECIFIED

63 Non-Food LIDS, PLASTIC STRAW SLOTTED 12-24 OZ NO BRAND SPECIFIED

64 Non-Food LINER TRASH 24X33, NATURAL (8 MICRON) NO BRAND SPECIFIED

65 Non-Food LINER TRASH 40X46 CLEAR (1.5MIL) NO BRAND SPECIFIED

66 Non-Food LINER TRASH 40X48, NATURAL (17 MICRON) NO BRAND SPECIFIED

67 Dairy MARGARINE SOLID ZERO TRANS FAT SUPREME OIL CO

68 Ambient, Canned, Dry MAYONNAISE PACKET ELWOOD INTERNATIONAL INC #W-12-901-5 Four In One

69 Ambient, Canned, Dry MAYONNAISE, EXTRA HEAVY SUPREME OIL CO

70 Ambient, Canned, Dry MAYONNAISE, LIGHT HELLMAN'S

71 Meat, Poultry & Fish MEATBALL ALL PURP 1 OZ PCKD CHEF ITALIA

72 Meat, Poultry & Fish MEATBALL ALL PURP 1.5 OZ PCKD MAID RITE STEAK CO #73119-10543

73 Dairy MILK NONFAT 100% LACT CAL ENRCHD HP HOOD LLC

74 Ambient, Canned, Dry MIX BISCUIT BUTTERMILK CONTINENTAL MILLS #744-2175

75 Ambient, Canned, Dry MIX BROWNIE CONTINENTAL MILLS #744-2115

76 Ambient, Canned, Dry MIX CAKE DEVILS FOOD CONTINENTAL MILLS #744-2105

77 Ambient, Canned, Dry MIX CAKE YELLOW CONTINENTAL MILLS #744-2110

78 Ambient, Canned, Dry MUSTARD PACKET ELWOOD INTERNATIONAL INC #W-501-5 Four In One

79 Non-Food NAPKIN, DINNER 15 X 17, (2 PLY 1/8 FOLD) NO BRAND SPECIFIED

80 Dairy OMELET EGG W/CHEESE INDIVIDUAL QUICK FROZEN FOLDEDMICHAEL FOODS

81 Produce ORANGE FRESH MEET USDA GRADE B OR BETTER

82 Ambient, Canned, Dry ORANGE MANDARIN SECTIONS IN LIGHT SYRUPDOLE

83 Frozen PANCAKE HEAT & SERVE ECHO LAKE FOODS #mf-7000-oh

84 Ambient, Canned, Dry PASTA NOODLE EGG MED IMP PREMIUM Stellina

85 Frozen PASTA SHELL STUFFED CAESARS PASTA PROD sc70435sc

86 Ambient, Canned, Dry PASTA SPAGHETTI BULK IMP PREMIUM Stellina

87 Frozen PEA GREEN FROZEN MEET USDA GRADE B OR BETTER Reddy Raw

88 Ambient, Canned, Dry PEACH YC SLI CH LS MEET USDA GRADE B OR BETTER

89 Ambient, Canned, Dry PEANUT BUTTER CREAMY JOHN B SANFILIPPO & SON INC Sunny Boy

90 Ambient, Canned, Dry PEANUT BUTTER IND ELWOOD INTERNATIONAL INC Poco

91 Ambient, Canned, Dry PEAR SLICED CH IN JCE MEET USDA GRADE B OR BETTER

92 Produce PICKLE SPR DILL KOSHER REF GIELOW PICKLES INC United Pickle

93 Ambient, Canned, Dry PINEAPPLE CRSHD IN JUICE MEET USDA GRADE B OR BETTER

94 Non-Food PLATE PAPER, 8.5" ROUND (HEAVYWEIGHT) DIXIE

95 Meat, Poultry & Fish POLLOCK UNBRD RAW TAIL 4 OZ NORTH ATLANTIC FISH CO

96 Meat, Poultry & Fish PORK LOIN BNLS BRT USDA GUIDE

97 Produce POTATO BAKING FRESH MEET USDA GRADE B OR BETTER

98 Frozen POTATO FRY KK 1/2 OVEN READY MCCAIN FOODS USA INC #sno63

99 Ambient, Canned, Dry POTATO MASH NO MILK SAFE T CAN BASIC AMERICAN FOODS #305 Idaho Pacific

100 Frozen POTATO PUFF CAVENDISH FARMS #4101

101 Ambient, Canned, Dry RICE LONG GRAIN PARBOILED PRODUCERS RICE

102 Produce SALAD FRUIT DICED SUN RICH FRESH FOODS INC

103 Ambient, Canned, Dry SAUERKRAUT SHREDDED PORT ROYAL Silver Floss

104 Dairy SHERBET ORG FOAM BYRNE DAIRY

105 Ambient, Canned, Dry SODA GINGER ALE DIET SHASTA SALES C&C

106 Ambient, Canned, Dry SOUP CHICKEN NOODLE BOWL NO MSG GEFEN #260132

107 Ambient, Canned, Dry SOUP VEG NOODLE BOWL GEFEN #260133

108 Ambient, Canned, Dry SPAGHETTI SAUCE PREMIUM Celstio

Page 144: Executed Contract

Appendix C Number 3 NYS Regions map, Preferred Source and Market Basket Products List H. Schrier Commercial Downstate

Region

109 Frozen SPINACH CHOPPED MEET USDA GRADE B OR BETTER

110 Meat, Poultry & Fish STEAK SALISBURY PTY COOKED GOOD SOURCE INC

111 Ambient, Canned, Dry SUGAR BROWN LIGHT DOMINO FOODS INC

112 Ambient, Canned, Dry SUGAR GRANULATED EXTRA FINE DOMINO FOODS INC

113 Ambient, Canned, Dry SUGAR PACKET DIAMOND CRYSTAL SALES LLC Domino

114 Ambient, Canned, Dry SUPPLEMENT ENSURE VANILLA ABBOTT NUTRITION

115 Ambient, Canned, Dry SYRUP MAPLE, DIET, CUPS ELWOOD INTERNATIONAL INC #e-615-1

116 Ambient, Canned, Dry SYRUP MAPLE IMIT. IND., CUPS ELWOOD INTERNATIONAL INC #20201

117 Ambient, Canned, Dry TARTAR SAUCE POUCHES ELWOOD INTERNATIONAL INC #w701-15

118 Frozen TOAST FRENCH HEAT & SERVE ECHO LAKE FOODS #mf8000

119 Non-Food TOWEL MULTIFOLD 9.5X9.125 WHT (1 PLY) SCA TISSUE NORTH AMERICA LLC

120 Ambient, Canned, Dry TUNA TONGOL CAN PK EMPRESS Premium

121 Meat, Poultry & Fish TURKEY BRST BNLS RAW FOIL (UNNETTED)PERDUE

122 Frozen VEGETABLE MIX 4 WAY MEET USDA GRADE B OR BETTER

123 Frozen WAFFLE REGULAR HT&SRV #00019600460091MRS. BUTTERSWORTH'S

124 Meat, Poultry & Fish WHITEFISH BREADED MINCED LOW SODIUM PATTY 4 OZNORTH ATLANTIC

125 Frozen WHOLE WHEAT BAGEL PLAIN 3.5 OZ SLICED, IQFFLEISCHERS BAGELS

126 Dairy YOGURT BLUEBERRY LIGHT N FIT DANNON YOGURT CO

127 Dairy YOGURT RASPBERRY ORIG GENERAL MILLS

128 Dairy YOGURT STRAW/BAN BLAST TRIX GENERAL MILLS

129 Dairy YOGURT STRAWBERRY DANNON YOGURT CO

Page 145: Executed Contract

Appendix C Number 4 Report of Contract Usage Preferred Source Equivalents

State of New York

Price Guide Usage Report

Reporting Period: Month/Year

Contract #PCXXXX

NOTE: Contractors are responsible for filling in the light yellow cells. The gray cells will be calculated automatically.

Line 10 is an Example only.

(+) (-)

Invoice # Invoice Date PO/Order #

PO/Order

Date

State

Agency/Entity

Region/Facility/Location

Name

Ship To Street

Address Ship To Zip Code

Ship From Zip

Code SKU ID #

SKU

Description

Manufacturer

Name

Manufacturer

Part #

NYS Food

Product

Item

Sub-Category

Unit of

Measure Pack Size Quantity Unit Cost

Incoming

Freight Cost Allowances

Supplier Cost

(Total)

NYS Net

Delivered

Price (Total) Markup %

EXAMPLE LINE ONLY 2 50.00$ 2.00$ 3.00$ 99.00$ 103.00$ 4.04%

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

Total 2 2.00$ 3.00$ 99.00$ 103.00$ 4.04%

14

Page 146: Executed Contract

Appendix C Number 4 Report of Contract Usage Preferred Source Purchases

State of New York

Price Guide Usage Report

Reporting Period: Month/Year

Contract #PC66401

NOTE: Contractors are responsible for filling in the light yellow cells. The gray cells will be calculated automatically.

Line 10 is an Example only.

(+) (-)

Invoice #

Preferred Source /

Member Facility Invoice Date PO/Order # PO/Order Date

State

Agency/Entity

Region/Facility/Location

Name

Ship To Street

Address Ship To Zip Code

Ship From Zip

Code SKU ID #

SKU

Description

Manufacturer

Name

Manufacturer Part

#

NYS Food

Product

Item

Sub-Category

Unit of

Measure Pack Size Quantity Unit Cost

Incoming

Freight Cost

Applicable

Allowances

Supplier

Cost (Total)

NYS Net

Delivered

Price (Total)

Markup

%

EXAMPLE LINE ONLY 1 50.00$ 2.00$ 3.00$ 49.00$ 51.50$ 5.10%

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

Total 1 2.00$ 3.00$ 49.00$ 51.50$ 5.10%

24

Page 147: Executed Contract

Appendix C Number 4 Report of Contract Usage Opportunity Buys

State of New York

Price Guide Usage Report

Reporting Period: Month/Year

Contract #PC66401

NOTE: Contractors are responsible for filling in the light yellow cells. The gray cells will be calculated automatically.

Line 10 is an Example only.

(+) (-)

Invoice # Invoice Date PO/Order #

PO/Order

Date

State

Agency/Entity

Region/Facility/Location

Name

Ship To Street

Address

Ship To

Zip Code

Ship From

Zip Code SKU ID #

SKU

Description

Manufacturer

Name

Manufacturer

Part #

NYS Food

Product

Item

Sub-Category

Unit of

Measure Pack Size Quantity

Unit

Cost

Incoming

Freight Cost Allowances

Supplier Cost

(Total)

NYS Net

Delivered

Price (Total) Markup %

EXAMPLE LINE ONLY 2 30.00$ 2.00$ 1.50$ 60.50$ 63.80$ 5.45%

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

Total 2 2.00$ 1.50$ 60.50$ 63.80$ 5.45%

34

Page 148: Executed Contract

Appendix C Number 4 Report of Contract Usage Price Guide Purchases

State of New York

Price Guide Usage Report

Reporting Period: Month/Year

Contract #PC66401

NOTE: Contractors are responsible for filling in the light yellow cells. The gray cells will be calculated automatically.

Line 10 is an Example only.

(+) (-)

Invoice # Invoice Date PO/Order #

PO/Order

Date

State

Agency/Entity

Region/Facility/Location

Name

Ship To Street

Address

Ship To

Zip Code

Ship From

Zip Code SKU ID #

SKU

Description

Manufacturer

Name

Manufacturer Part

#

NYS Food

Product

Item

Sub-Category

Unit of

Measure Pack Size Quantity Unit Cost

Incoming Freight

Cost Allowances

Supplier

Cost (Total)

NYS Net Delivered

Price (Total) Markup %

EXAMPLE LINE ONLY 2 30.00$ 2.00$ 1.50$ 60.50$ 63.80$ 5.45%

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

-$ #DIV/0!

Total 2 2.00$ 1.50$ 60.50$ 63.80$ 5.45%

44

Page 149: Executed Contract

State of New York

Food Allowance Report

Reporting Period - Quarterly Jan 1 - Mar 31 2014

Contract #PC66401

NOTE: Contractors are responsible for filling in the light yellow cells. Date Authorized Representative's Name

Lines 9, 10, & 11 are examples only.

SKU #

SKU

Description

Manufacturer

Name

Manufacturer

part #

Item

Sub-category Unit of measure Pack size Description Description of theTerms of the Allowance

Percent or

Amount of

Allowance

Start Date of the Pricing

Agreement

End Date of the

Pricing Agreement

123456 applesauce reduction in cost per case $2

123457 Set reduced price for year 14

1213458 % off all items purchased from manufacturer -0.05

Contractor's Certification:

We certify, to the best of our knowledge, the invoices and other cost information submitted are correct and include all

applicable allowances, rebates and discounts available to the State of New York.

Page 150: Executed Contract

APPENDIX C, Number 6 –Contractor Insurance Requirements

Page 1 of 5

Contractor’s Insurance Requirements The Contractor shall procure at its sole cost and expense, and shall maintain in force at all times during the term of this Contract, policies of insurance as herein below set forth, written by companies authorized by the New York State Insurance Department to issue insurance in the State of New York (“admitted” carriers) with an A.M. Best Company rating of “A-” Class “VII” or better. If during the term of the policy, a carrier’s rating falls below “A-” Class “VII”, the insurance must be replaced no later than the renewal date of the policy with an insurer acceptable to the New York State Office of General Services OGS and rated at least “A-” Class ”VII” in the most recently published Best’s Insurance Report. OGS may, at its sole discretion, accept policies of insurance written by a non-authorized carrier or carriers when Certificates and/or other policy documentation is accompanied by a completed Excess Lines Association of New York (ELANY) Affidavit; provided that nothing herein shall be construed to require OGS to accept insurance placed with a non-authorized carrier under any circumstances. The Contractor shall deliver to OGS evidence of such policies in a form acceptable to OGS. These policies must be written in accordance with the requirements of the paragraphs below, as applicable. Acceptance and/or approval by OGS does not and shall not be construed to relieve Contractor of any obligations, responsibilities or liabilities under the Contract. General Conditions A. Conditions Applicable to Insurance. All policies of insurance required by this Contract must meet the following requirements: 1. Coverage Types and Policy Limits. The types of coverage and policy limits required from the Contractor are specified in Paragraph B Insurance Requirements below. 2. Policy Forms. Except as may be otherwise specifically provided herein or agreed to in writing by OGS, policies must be written on an occurrence basis. 3. Certificates of Insurance/Notices. Contractor shall provide a Certificate or Certificates of Insurance, in a form satisfactory to OGS, for Workers’ Compensation and Disability Benefits insurance (C. Workers’ Compensation Insurance and Disability Benefits Requirements) at the time of bid submission. Contractor shall provide a Certificate or Certificates of Insurance, in a form satisfactory to OGS for all other insurance requirements (B. Insurance Requirements) within twenty (20) business days of request at time of tentative award. Certificates shall reference the Contract Number. ALL OF THE ABOVE REFERENCED FORMS, EXCEPT CE-200, SI-12 & DB-155 MUST NAME: The Office of General Services, NYS Procurement (NYSPro), 38th floor, Corning Tower, Albany NY 12242 as the Entity Requesting Proof of Coverage (Entity being listed as the Certificate Holder). Certificates shall be submitted to the Office of General Services, NYSPro, Corning Tower- 38th Floor, Empire State Plaza, Albany, NY 12242.

Page 151: Executed Contract

APPENDIX C, Number 6 –Contractor Insurance Requirements

Page 2 of 5

Unless otherwise agreed, policies shall be written so as to include a provision that the policy will not be canceled, materially changed, or not renewed without at least thirty (30) days prior written notice except for non-payment as required by law to OGS. The Contractor shall not take any action, or omit to take any action that would suspend or invalidate any of the required coverages during the period of time such coverages are required to be in effect. Not less than thirty (30) days prior to the expiration date or renewal date, the Contractor shall supply OGS updated replacement Certificates of Insurance, and amendatory endorsements. Certificates of Insurance shall: a. Be in the form approved by OGS. b. Disclose any deductible, self-insured retention, aggregate limit or any exclusion to the policy that materially changes the coverage required by the contract. c. Specify the Additional Insured and Named Insured as required herein. d. Refer to this Contract by number and any other attachments on the face of the certificate, e. When coverage is provided by a non-admitted carrier, be accompanied by a completed ELANY Affidavit, and f. Be signed by an authorized representative of the insurance carrier or producer. Only original documents (Certificates of Insurance and other attachments) will be accepted. 4. Primary Coverage. All insurance policies shall provide that the required coverage shall apply on a primary and not on an excess or contributing basis as to any other insurance that may be available to OGS or any Authorized User for any claim arising from the Contractor ’s work under this Contract, or as a result of the Contractor’s activities. Any other insurance maintained by OGS or any Authorized User shall be excess of and shall not contribute with the Contractor’s insurance regardless of the “other insurance” clause contained in OGS or the Authorized User’s own policy of insurance. 5. Policy Renewal/Expiration. At least thirty (30) days prior to the expiration of any policy required by this Contract, evidence of renewal or replacement policies of insurance with terms no less favorable to OGS than the expiring policies shall be delivered to OGS in the manner required for service of notice in Paragraph A.3. Certificates of Insurance/Notices above. If, at any time during the term of this Contract, the coverage provisions and limits of the policies required herein do not meet the provisions and limits set forth in the Contract or proof thereof is not provided to OGS, the Contractor shall immediately cease work. The Contractor shall not resume work until authorized to do so by OGS. Any delay, time lost, or additional cost incurred as a result of the Contractor not having insurance required by the Contract or not providing proof of same in a form acceptable to OGS, shall not give rise to a delay claim or any other claim against OGS. Should the Contractor fail to provide or maintain any insurance required by this Contract, or proof thereof is not provided, OGS or Authorized Users may withhold further contract payments, treat such failure as a breach or default of the contract. 6. Self-Insured Retention/Deductibles. Certificates of Insurance must indicate the applicable deductible/self insured retention on each policy. Deductibles or self-insured retentions above $100,000 are subject to approval from OGS. The Contractor shall be solely responsible for all claim expenses and loss payments within the deductible or self-insured retention. 7. Subcontractors. Should the Contractor engage a Subcontractor, the Contractor shall require all Subcontractors, prior to commencement of an agreement between Contractor and the Subcontractor, to secure and keep in force during the term of this contract the insurance requirements of this document on the Subcontractor, as applicable. Required insurance limits should be determined commensurate with the work of the Subcontractor. Proof thereof shall be supplied to OGS.

Page 152: Executed Contract

APPENDIX C, Number 6 –Contractor Insurance Requirements

Page 3 of 5

All insurance required by the Contract shall name The People of the State of New York, its officers, agents, and employees as additional insured hereunder (General Liability Additional Insured Endorsement shall be on Insurance Service Office’s (ISO) form number CG 20 26 11 85 or the equivalent). The additional insured requirement does not apply to Workers Compensation, Disability or Professional Liability coverage. B. Insurance Requirements: The Contractor, throughout the term of this Contract, or as otherwise required by this Contract, shall obtain and maintain in full force and effect, the following insurance with limits not less than those described below and as required by the terms of this Contract, or as required by law, whichever is greater (limits may be provided through a combination of primary and umbrella/excess policies): a) Commercial General Liability Insurance with a limit of not less than $2,000,000.00 each occurrence. Such liability shall be written on the ISO occurrence form CG 00 01 01 96, or a substitute form providing equivalent coverages and shall cover liability arising from premises operations, independent contractors, products-completed operations, broad form property damage, personal & advertising injury, cross liability coverage, liability assumed in a contract (including the tort liability of another assumed in a contract) and explosion, collapse & underground coverage. 1. If such insurance contains an aggregate limit, it shall apply separately on a per job basis. Policy shall include bodily injury, property damage and broad form contractual liability coverage. 2. General Aggregate $2,000,000

3. Products – Completed Operations Aggregate $1,000,000

4. Personal and Advertising Injury $1,000,000

5. Each Occurrence $2,000,000 Coverage shall include, but not be limited to, the following:

, including tort liability of another assumed in a contract,

than 3 years, commencing upon acceptance of the work, as required by the contract

The following ISO forms must be endorsed to the policy: a. CG 00 01 01 96 or an equivalent – Commercial General Liability Coverage Form b. CG 20 10 11 85 or an equivalent – Additional Insured-Owner, Lessees or Contractors (Form B) Limits may be provided through a combination of primary and umbrella/excess liability policies. The CGL aggregate shall be endorsed to apply on a per project basis for construction contracts.

Page 153: Executed Contract

APPENDIX C, Number 6 –Contractor Insurance Requirements

Page 4 of 5

Policies shall name The People of the State of New York and the New York State Office of General Services as Additional Insureds, and such coverage shall be extended to afford Additional Insured status to those entities during the Products/Completed Operations term. The CGL policy, and any umbrella/excess policies used to meet the “ Each Occurrence” limits specified above, must be endorsed to be primary with respects to the coverage afforded the Additional Insureds, and such polic(ies) shall be primary to, and non-contributing with, any other insurance maintained by OGS. Any other insurance maintained by OGS shall be excess of and shall not contribute with the Contractor’s or Subcontractor’s insurance, regardless of the “Other Insurance” clause contained in either party’s policy of insurance. b) Comprehensive Business Automobile Liability Insurance with a limit of not less than $2,000,000.00 each accident. Such insurance shall cover liability arising out of any automobile including owned, leased, hired and non owned automobiles. A. Workers’ Compensation Insurance and Disability Benefits Requirements Workers’ Compensation Law (WCL) §57 & §220 requires the heads of all municipal and state entities to ensure that businesses applying for permits, licenses or contracts document it has appropriate workers’ compensation and disability benefits insurance coverage. These requirements apply to both original contracts and renewals, whether the governmental agency is having the work done or is simply issuing the permit, license or contract. Failure to provide proof of such coverage or a legal exemption will result in a rejection of your bid or renewal. 1. Proof of Compliance with Workers’ Compensation Coverage Requirements: An ACORD form is NOT acceptable proof of workers’ compensation coverage. In order to provide proof of compliance with the requirements of the Workers’ Compensation Law pertaining to workers’ compensation coverage, a contractor shall: A) Be legally exempt from obtaining Workers’ Compensation insurance coverage; or

B) Obtain such coverage from an insurance carrier; or

C) Be a Workers’ Compensation Board-approved self-insured employer or participate in an authorized self-insurance plan. A Contractor seeking to enter into a contract with the State of New York shall provide one of the following forms to the Office of General Services at the time of bid submission or shortly after the opening of bids: D) Form CE-200, Certificate of Attestation for New York Entities With No Employees and Certain Out of State Entities, That New York State Workers’ Compensation and/or Disability Benefits Insurance Coverage is Not Required, which is available on the Workers’ Compensation Board’s website (www.wcb.state.ny.us); (Reference applicable RFP and Group #s on the form.)

E) Certificate of Workers’ Compensation Insurance: 1) Form C-105.2 (9/07) if coverage is provided by the contractor’s insurance carrier, contractor must request its carrier to send this form to the New York State Office of General Services, or 2) Form U-26.3 if coverage is provided by the State Insurance Fund, contractor must request that the State Insurance Fund send this form to the New York State Office of General Services. F) Form SI-12, Certificate of Workers’ Compensation Self-Insurance available from the New York State Workers’ Compensation Board’s Self-Insurance Office.

G) Form GSI-105.2, Certificate of Participation in Workers’ Compensation Group Self-Insurance available from the contractor’s Group Self-Insurance Administrator. Workers’ Compensation Insurance and Disability Benefits Requirements.

Page 154: Executed Contract

APPENDIX C, Number 6 –Contractor Insurance Requirements

Page 5 of 5

2. Proof of Compliance with Disability Benefits Coverage Requirements: In order to provide proof of compliance with the requirements of the Workers’ Compensation Law pertaining to disability benefits, a contractor shall: A) Be legally exempt from obtaining disability benefits coverage; or B) Obtain such coverage from an insurance carrier; or C) Be a Board-approved self-insured employer A Contractor seeking to enter into a contract with the State of New York shall provide one of the following forms to the Office of General Services at the time of bid submission or shortly after the opening of bids: A) Form CE-200, Certificate of Attestation for New York Entities With No Employees and Certain Out of State Entities, That New York State Workers’ Compensation and/or Disability Benefits Insurance Coverage is Not Required, which is available on the Workers’ Compensation Board’s website (www.wcb.state.ny.us); (Reference applicable RFP and Group #s on the form.) B) Form DB-120.1, Certificate of Disability Benefits Insurance. Contractor must request its business insurance carrier to send this form to the New York State Office of General Services; or C) Form DB-155, Certificate of Disability Benefits Self-Insurance. The Contractor must call the Board’s Self-Insurance Office at 518-402-0247 to obtain this form. ALL OF THE ABOVE REFERENCED FORMS, EXCEPT CE-200, SI-12 & DB-155 MUST NAME: The

Office of General Services, NYSPro, 38th floor, Corning Tower, Albany NY 12242 as the Entity

Requesting Proof of Coverage (Entity being listed as the Certificate Holder)

Page 155: Executed Contract

Appendix C, Number 7 Contract Modification Procedure

Appendix C Food Documents Number 7, Contract Modification Procedure page 1 of 4

CONTRACT MODIFICATION PROCEDURE

The following guidelines are subject to change at the discretion of OGS. A Contract Amendment requires a formally

executed document by mutual agreement of the Parties, to be provided by OGS Contract Administrator, after submission

and approval of the Contract Modification Form.

(1) TYPES OF CONTRACT MODIFICATIONS: In order to expedite processing of a contract modification,

where proposed changes involve more than one category below, each change should be submitted to OGS as a

separate request.

a) UPDATES: “Updates” are changes that do not require a change to the established Centralized

Contract terms and conditions. Updates may include: Centralized Contract changes and updates

made in accordance with the previously approved pricing formula (e.g. discount from list price);

adding new products or services within the established, previously approved pricing structure;

lowering pricing of products or services already on Contract, deleting products or services available

through the Centralized Contract, adding product or service that do not fall under the previously

established price structure or discounts under the Contract, re-bundled products, and other updates

not listed above that are deemed to be in the best interest of the State and do not result in a change

to the established Centralized Contract terms and conditions. Updates must be submitted to OGS

for review, and must be accompanied by a justification of reasonableness of price if the change

results in a change in pricing methodology. OGS will notify Contractor in writing if approved.

b) AMENDMENTS: “Amendments” are changes that are not specifically covered by the terms and

conditions of the Centralized Contract but inclusion is found to be in the best interest of the State.

Requests for product changes and other requests that would require changes to the terms and

conditions of the Centralized Contract would fall into the Amendments category. Contractor must

provide a written justification of reasonableness of the price levels offered in the applicable

Program Agreement and a statement explaining why it is in the best interest of the State to approve

the requested amendment. Amendments typically require negotiation between OGS and the

Contractor. OGS will work directly with the Contractor to obtain the required documentation for

each requested amendment and notify Contractor in writing if approved.

(2) CONTRACTOR’S SUBMISSION OF CONTRACT MODIFICATIONS: In connection with any Contract

modification, OGS reserves the right to:

request additional information

reject Contract modifications

remove Products from Contract modification requests

request additional discounts for new or existing Products

(3) PRICE LEVEL JUSTIFICATION – FORMAT: Contractor is required to submit the Product and price level

information for the update in an Excel spreadsheet format electronically via e-mail (and in hard copy if requested

by OGS) to the OGS Contract Administrator. The list must be dated. The Product and price level information

should include and identify (e.g., by use of separate worksheets or by using italics, bold and/or color fonts):

Price level increases

Price level decreases

Products being added

(4) SUPPORTING DOCUMENTATION: Each modification request must include the current contract pricing

discount relevant to the Products included in the update.

(5) SUBMITTAL OF MODIFICATION REQUESTS: A Contract modification request must be accompanied by

a completed Contract Modification Form. Contractor should briefly describe the nature and purpose of the

update (e.g., update requested in order to reflect a recently approved GSA schedule, to restructure the price level

to its customers generally, and/or for new Products which fall into a new group or category that did not exist at

the time of approval of the Contract by OGS). The Contract Modification Form must contain original signatures

by an individual authorized to sign on behalf of Contractor and must be notarized.

Page 156: Executed Contract

Appendix C, Number 7 Contract Modification Procedure

Appendix C Food Documents Number 7, Contract Modification Procedure page 2 of 4

STATE OF NEW YORK

EXECUTIVE DEPARTMENT - OFFICE OF GENERAL SERVICES

Corning Tower – 38th Floor

Empire State Plaza

Albany, New York 12242

CONTRACT MODIFICATION FORM

OGS CONTRACT NO.: _________________

CONTRACT DESCRIPTION:

_________________________________________

DATE OF SUBMISSION:______________________

CONTRACT PERIOD:

From: _____________

To: _____________

VENDOR CONTACT:

NAME:___________________________________

PHONE NO:_______________________________

E-MAIL:__________________________________

NOTE: Submission of this FORM does not constitute acceptance by the State of New York until approved by the

appropriate New York State representative(s).

INSTRUCTIONS:

1. This form is to be used for all Contract modifications. The form is to be completed in full, signed and submitted to

OGS for final approval. Any submission that is not complete and signed will be rejected.

2. Contractor is required to submit the Product and price level information for the update electronically via e-mail in

either an Excel spreadsheet (and in hardcopy if requested by OGS) to the OGS Contract Administrator for this

Contract.

3. Price level increase requests must be submitted in accordance with the Centralized Contract.

4. If more than one type of modification is being requested, each type should be submitted as a separate request.

The Contract modification request must be accompanied by the relevant current contract pricing discount information.

Page 157: Executed Contract

Appendix C, Number 7 Contract Modification Procedure

Appendix C Food Documents Number 7, Contract Modification Procedure page 3 of 4

COMPLETE STATEMENTS 1 THROUGH 5 BELOW:

1. This request is for an:

_____ Update

_____ Amendment

See Contract Modification Procedure for an explanation of

these terms.

2. The intent of this submittal is to request:

_____ Addition of new products or services

_____ Deletion of products or services

_____ Change in pricing level

_____ Other Update

_____ Other Amendment

3. All discounts are:

_____ GSA

_____ Most Favored Nation*

_____ Other (provide explanation)

_____________________________________________

*Prices offered are the lowest offered to any similarly

situated entity.

4. Attached documentation includes:

_____ Current approved GSA (labeled "For information

only")

_____ Current relevant Price List (labeled "For

information only")

_____ Revised NYS Net Price List in same format as

found in the Pricing Appendix for this Contract

_____ Current copy of the “National Consumer Price

Index for All Urban Consumers (CPI-U) Northeast region”

(for price increases only)

5. Describe the nature and purpose of the modification. If applicable, please explain how pricing has been structured to

customers, and/or identify and describe new Products which fall into a new group or category that did not exist at the

time of approval of the Contract by OGS.

The following CORPORATE ACKNOWLEDGEMENT statement must be signed by an individual authorized to

sign on behalf of Contractor for the modification being requested in this Contract Modification document. The

authorizing authority’s signature must be notarized.

____________________________________________

Signature of Authorized Vendor Representative

CORPORATE ACKNOWLEDGEMENT

STATE OF }: ss.:

COUNTY OF }

On the _____day of ________________in the year 20__, before me personally came: _______________________, to me

known, who, being by me duly sworn, did depose and say that he/she/they reside(s) in _________________; that

he/she/they is (are) ______________________________ (the President or other officer or director or attorney in fact duly

appointed) of ____________________________________________, the corporation described in and which executed the

above instrument; and that he/she/they signed his/her/their name(s) thereto by authority of the board of directors of said

corporation.

________________________________________________

Notary Public

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Appendix C, Number 7 Contract Modification Procedure

Appendix C Food Documents Number 7, Contract Modification Procedure page 4 of 4

OGS APPROVAL:

Approved ______ Approved as amended ______ Disapproved______

Name:________________________________________

Title:_______________________________________ Date_______________________

Page 159: Executed Contract

Appendix D

Minority and Women-Owned Business Enterprises Equal

Employment Opportunity Policy Statement

Page 160: Executed Contract

GROUP 02450 – FOOD (Commercial & Retail) Appendix D

Food Contract No. PC66401 March 2012

CONTRACTOR'S EXECUTIVE LAW, ARTICLE 15-A (M/WBE) REQUIREMENTS

MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT

I, _____________________________, the _________________________(title) of __________________________ _______________(Contractor) agree that _______________________________________________________(Contractor) has adopted the following policies with respect to Contract Number__________________

Contractor will make good faith efforts to achieve the M/WBE contract participations goals set by OGS for that area in which the State-funded project is located, by taking the following steps:

(1) Actively and affirmatively soliciting bids for

subcontracts from qualified State certified MBEs or WBEs, including solicitations to MWBE contractor associations.

(2) Request a list of State-certified MWBEs from OGS and solicit bids from them directly.

(3) Ensure that plans, specifications, request for proposals and other documents used to secure bids will be made available in sufficient time for review by prospective M/WBEs.

(4) Where feasible, divide the work into smaller portions to enhanced participations by MWBEs and encourage the formation of joint venture and other partnerships among MWBE contractors to enhance their participation.

(5) Document and maintain records of bid solicitation, including those to MWBEs and the results thereof.

(6) Ensure that progress payments to M/WBEs are made on a timely basis so that undue financial hardship is avoided and provide appropriate support, including waiving bonding and other credit requirements where permissible, to encourage MWBE participation.

Agreed to this _______ day of ____________________,

20___________

By __________________________________________

Print: ________________________________________

Title: ________________________________________

(a) Contractor will not discriminate against

any employee or applicant for employment because of race, creed, color, national origin, sex, age, disability or marital status, will undertake or continue existing programs of affirmative action to ensure that minority group members are afforded equal employment opportunities without discrimination, and shall make and document its conscientious and active efforts to employ and utilize minority group members and women in its work force on state contracts.

(b) Contractor shall state in all solicitation or advertisements for employees that in the performance of the State contract all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex disability or marital status.

(c) At the request of the contracting agency, Contractor shall request each employment agency, labor union, or authorized representative will not discriminate on the basis of race, creed, color, national origin, sex, age, disability or marital status and that such union or representative will affirmatively cooperate in the implementation of Contractor’s obligations herein.

(d) Contractor shall comply with the provisions of the Human Rights Law, all other State and Federal statutory and constitutional non-discrimination provisions. Contractor and subcontractors shall not discriminate against any employee or applicant for employment because of race, creed (religion), color, sex, national origin, sexual orientation, military status, age, disability, predisposing genetic characteristic, marital status or domestic violence victim status, and shall also follow the requirements of the Human Rights Law with regard to non-discrimination on the basis of prior criminal conviction and prior arrest.

(e) Contractor will include the provisions of sections (a) through (d) of this agreement in every subcontract in such a manner that the requirements of the subdivisions will be binding upon each subcontractor as to work in connection with the State contract.

M/WBE EEO