2. In cases of institutional, state or national emergency, Cafeteria shall operate on a twenty-four (24) hours basis, as requested by CDCR.

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1 EMPLOYEE CAFETERIA SERVICES A. INTRODUCTION The Contractor shall provide all labor, equipment, materials, supplies, transportation, permits/licenses and any other facilities as necessary to provide Employee Cafeteria Operations for the California Department of Corrections and Rehabilitation, Avenal State Prison (ASP), located at #1 Kings Way, Avenal, CA By entering into this agreement, Contractor also agrees to enter into a Cafeteria By-State Lease Agreement with the Department of General Services (DGS). Contractor cannot perform services until approval is obtained on the agreement and the By-State Lease. B. SERVICES TO BE PROVIDED 1. Employee Cafeteria Operations shall be open seven (7) days a week, 52 weeks per year including holidays (with the exception of Thanksgiving, Christmas, and New Years Day). Hours of operation are 5:30 a.m. to 7:00 p.m. (7) days a week. Days and hours of operation may be subject to adjustment; however, any adjustments initiated by Contractor will require (30) days written notification with a justification for change and is subject to approval by the Institution Contract Liaison or designee before implementation. If change in initiated by the State, thirty (30) days notification will be given to Contractor except in case of institutional need or emergency. 2. In cases of institutional, state or national emergency, Cafeteria shall operate on a twenty-four (24) hours basis, as requested by CDCR. 3. The regular menu must offer breakfast, lunch, salad bar, and dinner items and at least one hot daily special served at lunch. 4. Breakfast shall include varying types of omelets to order, in addition to pancakes, eggs, hash browns, toast, and side dishes. Fresh fruit, pastries, cereals, bacon, sausage, and ham must also be offered. 5. Daily specials will be offered seven (7) days per week during the hours of 11:00a.m. to 2:30 p.m. The specials must include a hot and cold entrée different from those served on the regular menu, to include 8oz. meat, 6oz. of carbohydrates, 3oz. vegetables and/or salad and choice of bread. 6. All items listed on Rate Sheet, Exhibit B-2 Rate Sheet, shall be available on all days of operation. Any deletions or additions of items shall be at the discretion of CDCR.

2 7. Salad Bar shall be available between the hours of 10:00 a.m. and 3:00p.m. 8. Meals shall be consistent in portions, texture and taste. A variety of snack foods and fountain drinks are also required. Assorted snacks shall include, but not be limited to: ice cream bars, candy bars, cookies, potato chips, and fresh fruit. 9. All initial pricing and any subsequent price increases must be reviewed and approved in writing by the Contract Liaison or designee, prior to implementation. All pricing shall be comparable to other providers in the surrounding communities. All portion sizes shall remain constant for the term of this Agreement. Menu items and prices shall be posted at all times. C. DESCRIPTION OF SERVICES 1. Contractor shall be responsible to provide a pleasant environment, including appropriate decorations and décor in all areas that ASP employees encounter in the cafeteria premises. Contactor shall maintain the cafeteria premises in a clean and sanitary condition as required to meet local, County and State Health Codes. This includes degreasing the walls and floors as necessary or as required. Contractor shall clean the food preparation area each evening. 2. Contractor shall correct all non-serious health code violations for reinspected within a two (2) week time period. 3. Contractor shall correct all serious health code violations for re-inspection within a twenty-four (24) hour time period unless prior arrangements have been made with the Contract Liaison or designee. 4. Contractor shall maintain and display current County and State Health certificates. 5. Contractor shall implement all programs in accordance with safe service guidelines. Contractor shall submit all reports required by the institution Healthy and Safety office. 6. Contractor shall provide a quarterly Temperature Control Report to the Contract Liaison. 7. Contractor shall provide appropriate clam shell take-out containers and plastic ware. Contractor is strongly encouraged to utilize environmentally friendly table ware. Contactor shall provide all condiments packets, - 2 -

3 including but not limited to salt, pepper, sugar, non-dairy creamer, catsup, mustard, etc., at all times. 8. The Contractor shall accept ASP overtime meal tickets/slips issued to employees for which the Contactor will be reimbursed at least monthly. Reimbursement will be made in arrears upon receipt of overtime meal tickets/slips. Tickets must be signed and dated by the employee, and a cash register receipt indication actual costs for each overtime meal attached. Meal tickets are not to be accepted by the Contactor over ninety days from date of issue. The current maximum amount allowed for rank and file overtime meal is $6.00 and $8.00 for supervisors. Overtime meal allowances are subject to negotiated labor contract changes. NOTE: There shall be no cash returns on meal tickets/slips. The State reserves the right to withhold any/all reimbursement checks to be applied to any lease payment(s) in arrears. 9. Contractor supplied equipment shall be maintained by the Contractor. 10. Contractor shall repair or replace any State-owned equipment that fails or malfunctions due to Contractor negligence. 11. Contractor shall not provide vending machines in the Employee s Cafeteria. 12. Contractor shall cooperate with the institution authorities, comply with all regulations presently in force on institution grounds, and shall not cause undue interference with the operation of the institution. 13. Contractor shall have a minimum of five (5) years experience in food management/preparation. Contractor shall provide the State a minimum of three (3) professional letters of reference. The letters of reference must be on company stationery that specifies the person name, the position held, the types of duties performed, the location where duties were performed, the dates that serves were provided, and verification that the service performed was satisfactory. The State reserves the right to randomly call and verify references. 14. For the purpose of approval and the future evaluation by the Business Enterprise Program of the Department of Rehabilitation, Contractor shall submit the following cafeteria financial information on a quarterly basis to the Institution Contract Liaison or designee: 1) Total gross dollar sales. 2) Total dollar sales tax 3) Total dollar or percentage cost of goods sold. 4) Total dollar or percentage cost of labor - 3 -

4 5) Total dollar or percentage cost of any miscellaneous items. 6) Total dollar amount for net income. 15. If Contractor is a public or private non-profit California Corporation, operating workshops serving the handicapped, Contractor shall, throughout the entire term of this agreement, meet the criteria established by the Welfare and institutions Code Contractor shall attend an orientation upon approval of Agreement. Additionally, the Contractor shall contact the Institution Contract Liaison or designee to schedule all cafeteria employees for the next available orientation within a week of hire date. 17. Contractor is responsible for the security of cafeteria employees and keys issued by the institution. 18. The Contractor shall provide its own phones and pay for the phone service to the existing independent phone line that is located in the back office of the cafeteria site, if needed. 19. The Contractor shall sell only food items within the Employee s Cafeteria. 20. Contractor shall be responsible for the accountability of all tools used in the Employee Cafeteria area as outlined in the Departmental Operations Manual Section Contractor shall ensure that all perishable food items are kept refrigerated when not being used (i.e., meat, including cooked bacon, dairy products, etc.). 22. Contractor shall not subcontract for the services under this Agreement. 23. Contractor shall properly bag all trash and dispose of it in trash containers and/or recycling containers provided by the Institution for Contractor s use. Contractor shall be responsible for the proper and timely disposal or recycling of the used and unwanted cooking oils/lard. Contractor shall maintain recycling and trash areas in a sanitary condition. 24. Contractor shall be liable for any debts or claims that arise from the operations of the Cafeteria. 25. Contractor shall ensure that workers have read the Digest of Laws relating to association with prison inmates prior to beginning work. The Contractor and each employee shall sign and submit a copy to ASP Procurement Office prior to beginning work

5 26. Contractor shall comply with all applicable Federal, State and local sanitation laws and regulations. Contractor understands that the Fire Department, County Health Department and Environmental Health Department shall make periodic inspections. 27. The Contractor shall be responsible for losses or damages to personal property, equipment or materials of the Contractor. Contractor shall report all losses to the Institution Contract Liaison or designee immediately upon discovery. 28. Contractor shall package all items prepared for take-out service in recyclable packaging. Contractor shall participate in the Recycling Program utilized by ASP. Items will be separated and placed in provided recyclable bins (i.e., paper, tin, cardboard, etc.). 29. Contractor shall sign and adhere to all conditions in Cafeteria By-State Lease issued by the Department of General Services (DGS). 30. Contractor shall ensure that all menu items on Exhibit A herein are posted in the same place. Contractor shall ensure that all contracted menu items (Exhibit B-2) and prices are displayed in a location that all ASP staff can easily access to view. All menu items must be displayed in the same manner and size (font). D. SPECIAL CONSIDERATIONS 1. Contractor shall promptly report any plumbing or electrical malfunctions of State property found defective to the Institution Contract Liaison or designee, who will make arrangements to repair the malfunction. 2. CDCR will be responsible for the pick up and removal of trash. 3. CDCR will provide vector control, fire and security devices. 4. CDCR will provide normal and reasonable maintenance to the leased space. 5. CDCR will routinely conduct various inspections, i.e., fire, health and safety, and equipment, as well as a monthly cleaning inspection. 6. CDCR will maintain and repair state owned property in the leased space. 7. A monthly operational review meeting will be held with the Contractor, Associate Warden, Business Services and the Procurement Officer to review any customer complaints, procedures, changes to menu, etc. that may be necessary to enhance the effectiveness of the cafeteria

6 8. Inmates shall be prohibited from entering the cafeteria area unless accompanied by institutional staff for maintenance/repair purposes only. Under no circumstances shall inmate be allowed to consume food in the cafeteria or carry food from the cafeteria. 9. The location of the premises to be used by the Contractor for purposes of this Agreement may be changed as required by the Institution in the event of circumstances arising to warrant such a change. Contractor agrees to accept another comparable location to conduct its operations under the same general provisions of this agreement. In the event new quarters ordered by State are different in size from the square footage stated in Cafeteria By-State Lease, the State shall adjust Contractors rental rate on a proportionate square footage basis. In the event State is unable to relocate the Contractor, Contractor shall leave the premises, upon 30 days notice. 10. Contractor shall ensure that Equipment maintenance adheres to all conditions stated in Cafeteria By-State Lease. 11. Contractor shall ensure that all notices or other communications required or permitted for this contract shall be made in accordance with the terms as stated in Cafeteria By-State Lease. E. California Department of Corrections and Rehabilitation Contact Information Should questions or problems arise during the term of this Agreement, Contractor should contact the following offices: Billing/Payment Issues: Bakersfield Regional Accounting Office Phone Number: (661) FAX Number: (661) Scope of Work/Performance Issues: Institution Contact Liaison, Lorraine Lopez Phone Number: (559) Ext FAX Number: (559) General Contract Issues: Office of Business Services Phone Number: (916) FAX Number: (916)

7 1. Invoicing and Payment Reimbursement for meal tickets will be made not more frequently than monthly in arrears upon receipt of meal tickets/slips from Contractor. Meal tickets must be signed and dated by the employee, with a cash register receipt indicating actual dollar amount spent on each overtime meal tickets used. The maximum amount allowed for overtime meal tickets are $6.00 and $8.00. Overtime meal allowances are subject to adjustment on a fiscal year basis to comply with negotiated employee labor contracts. Meal tickets shall be submitted to the Regional Accounting Office for payment not more frequently than monthly in arrears to: Bakersfield Regional Accounting Office Attn: Accounts Payable PO Box Bakersfield, CA Contractor shall reimburse the State for leased premises (approximately 3726 square feet), utilities and maintenance. Payment shall made in accordance with the terms stated in the Cafeteria By-State Lease. 2. Budget Contingency Clause a. It is mutually agreed that if the California State Budget Act for the current fiscal year and/or any subsequent fiscal years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor, or to furnish any other considerations under this Agreement, and Contractor shall not be obligated to perform any provisions of this Agreement. b. If funding for purposes of this program is reduced or deleted for any fiscal year by the California State Budget Act, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an Agreement amendment to Contractor to reflect the reduced amount. 3. Prompt Payment Clause Payment will be made in accordance with, and within the time specified in Government Code Chapter 4.5, commencing with Section 927. Payment to small/micro business shall be made in accordance with and within the time specified in Chapter 4.5, Government Code 927 et. Seq