Liability Insurance

AID 1501940 · View on Simbli

Agenda Item

iii. Extension (Renewal) Bid No. 20-23 Bread (Year 4 of 4) to Bimbo Bakeries USA, Inc. in the amount not to exceed $891,770.00 for SY 23-24

Summary: Mr. Erick Hofstetter, Chief Operating Officer, Division of Operations
Request: It is requested that the Board of Education approve the extension of Bid 20-23, Bread to Bimbo Bakeries USA, Inc. in the amount not to exceed $891,770.00 for SY 23-24.
Why: Bimbo Bakeries USA, Inc provides whole grain bread products that meet the Child Nutrition, USDA standards for meal pattern requirements.

At the beginning of each school year, School Nutrition Managers and Central Office personnel are provided a vendor complaint form (Quality Assurance Form). The form is used to evaluate vendor performance including, accuracy and quality. This information is used to communicate with vendors, evaluate pricing, assess products, and monitor deliveries. This vendor’s performance met the assessment criteria.

Bimbo Bakeries USA, Inc provides excellent customer service and quality products. Bread products are delivered promptly and efficiently. The company is responsive and willing to support emergency order requests.
Details: Due to excellent level of service provided by Bimbo Bakeries USA, Inc, School Nutrition Services (SNS) request to extend Bid 20-23 for an additional year with the same terms and conditions as original term contract from July 1, 2023 through June 30, 2024.

Inflation has had a tremendous impact on the cost of food, paper, and supplies. DCSD price provision allows price change at the extension/renewal anniversary commencing July 1, 2023. The vendor must supply the Purchasing Department of the DCSD with written proof from the manufacturer when (if) price changes occur. The written notification from the manufacturer (for DCSD) may specify actual dollar changes or may specify the change as a percentage.

Bid 20-23 was initially approved by the Board July 8, 2019, in the amount not to exceed $715,000.00. This is the fourth of 4 extensions allowed.


Bimbo Bakeries USA, Inc.
3310 Pantersville Road
Decatur, GA 30034
Financial impact: There is no impact to the General Fund. School Nutrition Services is a self-supporting entity with revenue based on meal participation and supplemental sales. Funds will be paid from GL account 622.3100.563000.00062.8200.9990.8015.040.0000
Contact: Mr. Erick Hofstetter, Chief Operating Officer, Division of Operations, 678.676.1470
Dr. Connie R. Walker, Executive Director of School Nutrition Services, Division of Operations, 678. 676.1780
Effective: Upon Board approval
Status: Approved by General Counsel
                                                                                                                                                                  DATE (MM/DD/YYYY)
                                             CERTIFICATE OF LIABILITY INSURANCE                                                              1/31/2024               1/5/2023
  THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
  CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
  BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
  REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
  IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
  If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
  this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
                                                                                            CONTACT
PRODUCER     LOCKTON COMPANIES                                                              NAME:
             2100 ROSS AVENUE, SUITE 1400                                                   PHONE                                                   FAX
                                                                                            (A/C, No, Ext):                                         (A/C, No):
             DALLAS TX 75201                                                                E-MAIL
                                                                                            ADDRESS:
             214-969-6700
                                                                                                                 INSURER(S) AFFORDING COVERAGE                              NAIC #

                                                                                            INSURER A :   ACE American Insurance Company                                     22667
INSURED
             Bimbo Bakeries Inc. on behalf of itself and                                    INSURER B : Indemnity Insurance Co of North America                              43575
1359436 U.S. subsidiaries including                                                         INSURER C : ACE Fire Underwriters Insurance Company                              20702
             (see attached addendum)                                                        INSURER D :
             255 Business Center Dr.                                                        INSURER E :
             Horsham PA 19044
                                                                                            INSURER F :
COVERAGES             *                     CERTIFICATE NUMBER:                 12152939                                         REVISION NUMBER:                    XXXXXXX
  THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
  INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
  CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
  EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR                                              ADDL SUBR                                           POLICY EFF   POLICY EXP
 LTR             TYPE OF INSURANCE                INSD WVD              POLICY NUMBER                (MM/DD/YYYY) (MM/DD/YYYY)                           LIMITS

 A     X   COMMERCIAL GENERAL LIABILITY            Y      Y    HDO G47308914                         1/31/2023      1/31/2024     EACH OCCURRENCE                $ 1,000,000
                                                                                                                                  DAMAGE TO RENTED
               CLAIMS-MADE     X   OCCUR                                                                                          PREMISES (Ea occurrence)       $ 1,000,000
                                                                                                                                  MED EXP (Any one person)       $ 5,000

                                                                                                                                  PERSONAL & ADV INJURY          $ 1,000,000
       GEN'L AGGREGATE LIMIT APPLIES PER:                                                                                         GENERAL AGGREGATE              $ 10,000,000
                      PRO-
           POLICY     JECT         XLOC                                                                                           PRODUCTS - COMP/OP AGG         $ 2,000,000

           OTHER:                                                                                                                                                $
                                                                                                                                  COMBINED SINGLE LIMIT
 A     AUTOMOBILE LIABILITY                        N      N    ISA H10704029                         1/31/2023      1/31/2024     (Ea accident)                  $
                                                                                                                                                                 5,000,000
 A         ANY AUTO
                                                               XSA H25556446                         1/31/2022      1/31/2025
 A     X                                                       Phys. Damage – Self-Insured                                        BODILY INJURY (Per person)     $
                                                                                                                                                                 XXXXXXX
           OWNED                SCHEDULED                                                                                         BODILY INJURY (Per accident) $ XXXXXXX
           AUTOS ONLY           AUTOS
           HIRED                NON-OWNED                                                                                         PROPERTY DAMAGE              $ XXXXXXX
           AUTOS ONLY           AUTOS ONLY                                                                                        (Per accident)
                                                                                                                                                               $ XXXXXXX
           UMBRELLA LIAB           OCCUR                      NOT APPLICABLE                                                      EACH OCCURRENCE              $ XXXXXXX
           EXCESS LIAB             CLAIMS-MADE                                                                                    AGGREGATE                    $ XXXXXXX

              DED          RETENTION $                                                                                                                         $ XXXXXXX
       WORKERS COMPENSATION                                                                                                            PER             OTH-
 B                                                        N    WLR C70307960 (AOS)                   1/31/2023      1/31/2024     X    STATUTE         ER
       AND EMPLOYERS' LIABILITY             Y/N
 C     ANY PROPRIETOR/PARTNER/EXECUTIVE                        SCF C70308046 (WI)                    1/31/2023      1/31/2024     E.L. EACH ACCIDENT             $ 1,000,000
       OFFICER/MEMBER EXCLUDED?              N    N/A
       (Mandatory in NH)                                                                                                          E.L. DISEASE - EA EMPLOYEE $     1,000,000
       If yes, describe under
       DESCRIPTION OF OPERATIONS below                                                                                            E.L. DISEASE - POLICY LIMIT    $ 1,000,000




DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)




CERTIFICATE HOLDER                                                                          CANCELLATION              See Attachments
                                                                                              SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
                                                                                              THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
        12152939                                                                              ACCORDANCE WITH THE POLICY PROVISIONS.
        Dekalb County School District
        1701 Mountain Ind. Blvd.                                                            AUTHORIZED REPRESENTATIVE
        Stone Mountain GA 30083


                                                                                               © 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03)                                     The ACORD name and logo are registered marks of ACORD
Attachment Code: D559175 Master ID: 1359436, Certificate ID: 12152939




                  INSURED:
                        Bimbo Bakeries Inc. on behalf
                          of itself and U.S. subsidiaries
                          including (see attached addendum)
                          255 Business Center Drive
                          Horsham, PA 19044 USA




                  The following are Named Insureds under the GL and Auto policies:

                          Acelerada, LLC
                          Advantafirst Capital Financial Services, LLC
                          Arnold Sales Company LLC
                          Bays Bakery Inc.
                          Bimbo Bakeries USA, Inc.
                          Bimbo Bakeries Distribution Company, LLC
                          Bimbo Foods Bakeries Distribution, LLC
                          Earthgrains Baking Companies, LLC
                          Earthgrains Distribution, LLC
                          Stroehmann Line-Haul, L.P.
                          Tia Rosa Bakery of Ohio, Inc.
                          Bimbo Bakehouse LLC
                          Bimbo Bakehouse INC
                          Bimbo QSR Chicago, LLC
                          Olympic Freightways, LLC
                          Emmy’s Organics, LLC
                          St. Pierre Groupe, LLC

                       The following are Named Insureds under the WC policies:

                                   Bimbo Bakeries USA, Inc.
                                   Bimbo Bakehouse LLC
                                   St. Pierre Groupe, LLC
Attachment Code: D559175 Master ID: 1359436, Certificate ID: 12152939
Attachment Code: D484885 Certificate ID: 12152939


                                                                                                                      1
     POLICY NUMBER: HDO G47308914                                                                 Endorsement Number: 2

                                                                                    COMMERCIAL GENERAL LIABILITY
                                                                                                   CG 20 26 12 19

            THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

                           ADDITIONAL INSURED – DESIGNATED
                               PERSON OR ORGANIZATION
     This endorsement modifies insurance provided under the following:

        COMMERCIAL GENERAL LIABILITY COVERAGE PART

                                                             SCHEDULE

     Name Of Additional Insured Person(s) Or Organization(s): Any person or organization whom you have
     agreed to include as an additional insured under a written contract, provided such contract was executed prior to
     the date of loss.




     Information required to complete this Schedule, if not shown above, will be shown in the Declarations.


     A. Section II – Who Is An Insured is amended to                B. With respect to the insurance afforded to these
         include as an additional insured the person(s) or             additional insureds, the     following is added to
         organization(s) shown in the Schedule, but only               Section III – Limits Of Insurance:
         with respect to liability for "bodily injury", "property      If coverage provided to the additional insured is
         damage" or "personal and advertising injury"                  required by a contract or agreement, the most we
         caused, in whole or in part, by your acts or                  will pay on behalf of the additional insured is the
         omissions or the acts or omissions of those acting            amount of insurance:
         on your behalf:
                                                                        1. Required by the contract or agreement; or
         1. In the performance of your ongoing operations;
             or                                                         2. Available under the applicable limits         of
                                                                           insurance;
         2. In connection with your premises owned by or
             rented to you.                                             whichever is less.
         However:                                                       This endorsement shall not increase the applicable
                                                                        limits of insurance.
         1. The insurance afforded to such additional
             insured only applies to the extent permitted by
             law; and
         2. If coverage provided to the additional insured is
             required by a contract or agreement, the
             insurance afforded to such additional insured
             will not be broader than that which you are
             required by the contract or agreement to
             provide for such additional insured.




     CG 20 26 12 19                              © Insurance Services Office, Inc., 2018                       Page 1 of 1
Attachment Code: D484868 Certificate ID: 12152939


                                                                                                                  1
     POLICY NUMBER: HDO G47308914                                                             Endorsement Number: 1

                                                                                COMMERCIAL GENERAL LIABILITY
                                                                                               CG 24 04 12 19

           THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

         WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
        AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
     This endorsement modifies insurance provided under the following:

        COMMERCIAL GENERAL LIABILITY COVERAGE PART
        ELECTRONIC DATA LIABILITY COVERAGE PART
        LIQUOR LIABILITY COVERAGE PART
        POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES
        POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES
        PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
        RAILROAD PROTECTIVE LIABILITY COVERAGE PART
        UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS

                                                        SCHEDULE

     Name Of Person(s) Or Organization(s):Any person or organization against whom you have agreed to waive
     your right of recovery in a written contract, provided such contract was executed prior to the date of loss.



     Information required to complete this Schedule, if not shown above, will be shown in the Declarations.


     The following is added to Paragraph 8. Transfer Of
     Rights Of Recovery Against Others To Us of
     Section IV – Conditions:
     We waive any right of recovery against the person(s) or
     organization(s) shown in the Schedule above because
     of payments we make under this Coverage Part. Such
     waiver by us applies only to the extent that the insured
     has waived its right of recovery against such person(s)
     or organization(s) prior to loss. This endorsement
     applies only to the person(s) or organization(s) shown
     in the Schedule above.




     CG 24 04 12 19                          © Insurance Services Office, Inc., 2018                          Page 1 of 1