Agenda Item
ii. Extension (Renewal) Bid No. 22-18 USDA Product Processing (Renewal Year 2 of 4) to 1.) Brookwood Farms, Inc., 2.) Gold Creek Foods, LLC, 3.) Goodman Food Products dba Don Lee Farms, 4.) Jennie O Turkey Store Sales, LLC dba Hormel Foods 5.) JTM Provisions Co. Inc., 6.) Land O’ Lakes, Inc., 7.) Out of the Shell, LLC dba Yangs 5th Taste and 8.) Tyson Prepared Foods (not to exceed $4,628,750.00 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 22-18, USDA Product Processing to to 1.) Brookwood Farms, Inc., 2.) Gold Creek Foods, LLC, 3.) Goodman Food Products dba Don Lee Farms, 4.) Jennie O Turkey Store Sales, LLC dba Hormel Foods 5.) JTM Provisions Co. Inc., 6.) Land O’ Lakes, Inc., 7.) Out of the Shell, LLC dba Yangs 5th Taste and 8.) Tyson Prepared Foods in the amount not to exceed $4,628,750.00 for SY 23-24. This request extends the agreement for all vendors listed above an additional year July 1, 2023 through June 30, 2024.
Why: To ensure DCSD School Nutrition Services (SNS) provide healthy reimbursable meals to DeKalb County students.
USDA allows recipient agencies such as school districts to contract with State approved food processors to convert USDA commodities into a variety of convenient, ready-to-use end products. School Nutrition Services uses various USDA commodities for processing products such as whole chicken processed to roasted chicken, natural American and mozzarella cheese processed to cheese sauce and coarse ground beef processed to beef patties. This has increased menu options and acceptability for students. Food safety is maintained at the school level by limiting use of raw product.
Details: DCSD price provision allows price change at the extension/renewal anniversary commencing July 1, 2022. The vendor must supply the DCSD Purchasing Department with written proof from the manufacturer when (if) price changes occur. The written notification from the manufacturer may specify actual dollar changes or the change as a percentage.
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. These vendors met the assessment criteria.
Due to excellent level of service provided by these processors, School Nutrition Services (SNS) request to extend Bid 22-18 for an additional year with the same terms and conditions as original term contract from July 1, 2023 through June 30, 2024. There is an average 6% price increase from the processors for 2023-2024 SY.
One of the nine initially approved vendors, Michael Foods’ contract will not be extended (renewed) due to the vendor no longer providing Item No.: 25 (Cheese Omelet). The product will be purchased through our approved commercial vendor, Bid No. 22-15 Temperature Control & Dry Products.
Bid 22-18 was initially approved by the Board on July 12, 2021, in the amount not to exceed $3,500,000.00. This is the second of 4 extensions (renewals) allowed.
Financial impact: There is no financial 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 622.3100.563500.00062.8200.9990.8015.040.0000
Contact: Mr. Erick Hofstetter, Chief Operating Officer, Division of Operations, 678. 676.1470
Dr. Connie R. Walker, Executive Director of School Nutrition Services, 678. 676.1780
Status: Approved by General Counsel
March 8, 2023
DeKalb County School District
Vendor Services
1701 Mountain Industrial Blvd.
Stone Mountain, GA 30083
RE: Request to Renew RFP #22-18 USDA Product Processing Bid – Cover Letter
Tyson would like to offer pricing for the renewal option for the Request to Renew RFP #22-18 USDA Product
Processing Bid for school year 23/24. Please see the following details for information related to our SY23/24
renewal term. The pricing is attached for your consideration, along with price change explanation and deviation
documents.
Please note that Tyson has elected to discontinue producing the product codes listed in the chart below. Where
applicable, we have provided potential replacement codes for your reference. We apologize for any
inconvenience that this may cause the district.
Discontinued Product Code Replacement Code
10004130928 N/A
Tyson Foods Commodities: Please see the table below for a list of Tyson’s commodity offerings, applicable to
this bid response, and the available Value-Pass-Through Methods.
Commodity Material Code/Description Available Value-Pass-Through Methods
100103 / CHICKEN LARGE CHILLED-BULK Fee-For-Service (Direct) & Net-Off-Invoice
100154 / BEEF COARSE GROUND FRZ CTN-60 LB Fee-For-Service (Direct) & Closed-Sku NOI
100155 / BEEF FRESH BNLS COMBO-20/2000 LB Fee-For-Service (Direct) & Closed-Sku NOI
Delivery Requirements
For districts electing to use direct delivery from Tyson Foods, the receiving facility must have a loading dock. If
the school district is unable to unload the product, then a third-party lumper must be available to unload the
product at the recipient agency's cost. Please see the table below regarding minimum delivery requirements.
Minimum Acceptable
Lead
Order Contact Shipping Invoice to Remit Address Payment
Time
Requirements Methods
Tyson Foods, Inc.
Deanna Jones, Dir USDA 5,000 lbs Per 14 Wire Transfer,
88029 Expedite Way
K12BidGroup@Tyson.com Drop Location Days ACH, Check
Chicago, IL 60695-0001
Please note, neither Tyson, Hillshire, nor AdvancePierre products may be combined to meet minimum
requirements at this time. Our Logistical Teams are currently working on a plan to allow for the combining of
orders that cross multiple product lines into one truck. As soon as this option becomes available, our customers
utilizing direct shipments will be notified.
Tyson Foods, Inc. • 2200 West Don Tyson Pkwy, Springdale, AR 72762 • www.TysonFoodservice.com
Specifications Tyson shall have the right to adjust product formulation or specifications, including but not
limited to packaging and ingredients, as needed, for the life of the contract. If the district is not agreeable with
the product specification update, the district shall have the right remove the original product from the agreement
upon prompt written notice to Tyson, with no recourse to Tyson.
Force Majeure Tyson shall not be liable for any delay, failure or impairment of performance resulting in whole
or in part from acts of God, including fire, floods, severe weather conditions or other catastrophes; strikes,
lockouts or labor disruption; wars, terrorism, riots or embargo delays; pandemic, epidemic or quarantine; raw
material market conditions; the inability to procure supplies or raw materials; shortages of transportation
equipment, fuel or labor; or any other circumstance or cause beyond the reasonable control of Tyson.
Additionally, manufacture, shipment and delivery are subject to any prohibition, restriction, priority allocation
regulation or condition imposed by or on behalf of the United States of America or any other governmental body
with appropriate jurisdiction which may prevent or interfere with fulfillment of any order.
Substitutions Tyson will use all reasonable efforts to provide notice of any product substitutions. Tyson
reserves the right to offer reasonable substitutions without recourse. If the district is not agreeable with the
recommended product substitution option, the district shall have the right to deny the product substitution option
and instead remove the original product from the agreement upon prompt written notice to Tyson, with no
recourse to Tyson.
Certificate of Insurance Please see attached Certificate of Insurance.
The key contact authorized to legally bind Tyson Prepared Foods, Inc. for itself and on behalf of its affiliates,
Tyson Sales & Distribution, Inc., Tyson Refrigerated Processed Meats, Inc., AdvancePierre Foods, Inc., and
The Hillshire Brands Company (hereinafter collectively “Tyson”) for this proposal is as follows:
Charles Boger
Charles Boger (Mar 8, 2023 15:03 CST)
Charles Boger, SR Director Pricing
Tyson / 2200 Don Tyson Parkway, Springdale, AR 72762
(479) 290-3519 office / (479) 203-4246 fax
K12bidgroup@tyson.com
Tyson Foods, Inc. • 2200 West Don Tyson Pkwy, Springdale, AR 72762 • www.TysonFoodservice.com
Price Change Explanation
As we review your pricing for school year 23/24, it is necessary to make price adjustments due to several input
factors that we are realizing in our production costs.
• Inflation and Livestock summary
o Inflation:
▪ Manufactures will continue to see inflationary cost increases into 2023 due to Labor,
Freight/Fuel, Corrugate, Interest Rates and other Variable cost.
o Pork:
▪ Pork production in 2023 is projected to remain flat Y/Y on a per kill per day basis with
one less day. In 2023, flat to slightly lower production is likely to keep cutout near year
ago levels – EMI Express Markets, Inc.
o Beef/Cattle:
▪ Higher expected fed cattle market in late 2022 will likely tighten fed cattle supplies in
2023. Fewer cows are expected to be in the slaughter mix next year, which lowers beef
production in 2023 by 90 million pounds, a decline of 7% next year. – USDA.Gov -
Nov, 2022
o Soy:
USDA forecast yield at 50.2 for 22/23, down from 51.7 for 21/22. Ending stocks forecasted at 220M for
22/23 vs. 274M for 21/22. Soybean export commitments up slightly YTD vs. year ago driven by weaker
U.S. dollar and questionable Argentina planting season. – EMI Express Markets, Inc.
School Year 22/23 School Year 23/24
New Material # Product Description Diff. per Case Percentage Change
Commodity Pricing Commodity Pricing
10000006919 Cheeseburger Meatloaf, 2.9 oz $42.38 $47.38 $5.00 11.80%
10000009860 Breaded Beef Patties, 3.35 oz $86.68 $88.23 $1.55 1.79%
Tyson Foods, Inc. • 2200 West Don Tyson Pkwy, Springdale, AR 72762 • www.TysonFoodservice.com
Tyson Foods, Inc.
2200 Don Tyson Parkway
Springdale, AR 72762
ph: (800) 248-9766
Request #: GA-2023-27007
Operator: Request Type: Commodity
Dekalb County Price Status: Provided
1701 Mountain Industrial Boulevard Shipment Type: Direct Shipment
Stone Mountain, GA 30083
ph: (678) 676-0285 Award Type: Line Item
fax: Issue Date: 3/3/2023
Bid Title: Opening Date: 3/8/2023
Request to Renew RFP #22-18 USDA Product Processing Bid Start Date: 7/1/2023
End Date: 6/30/2024
Print Date: 3/8/2023
Material No New Material No Description Pack Item # Qty Commercial PTV Commodity Type
666000-0928 16660000928 Breaded 57 - 100 Servings 10 0 $89.82/cs 100103D - $12.06 $59.67 Substitutable
Traditional 100103W - $18.09
ProPortion®
Bone-In Chicken
070378-0928 10703780928 Breaded Hot 'N 159 Servings 11 0 $74.00/cs 100103D - $9.55 $54.11 Substitutable
Spicy Popcorn 100103W - $10.34
Chicken, 0.27 oz
070362-0928 10703620928 Breaded Golden 121 Servings 13 0 $99.24/cs 100103W - $42.38 $56.86 Substitutable
Crispy MWWM
Boneless Chicken
Wings, 0.79 oz
029494-0928 10294940928 Mega Minis® 149 Servings 15 0 $114.87/cs 100103W - $32.39 $82.48 Substitutable
Breaded Waffle
Flavored MWWM
Chicken Chunks,
0.54 oz
666010-0928 16660100928 Breaded 72 - 113 Servings 16 0 $90.41/cs 100103D - $30.71 $59.70 Substitutable
Traditional
Chicken
Drumsticks
026436-0928 10264360928 Mesquite Glazed 80 - 128 Servings 17 0 $86.71/cs 100103D - $32.23 $54.48 Substitutable
Chicken
Drumsticks
693123 10000009860 Breaded Beef 143 Servings 2 3000 $168.80/cs $88.23 Non-Substitutable
Patties, 3.35 oz 100154 - $80.57
034696-0928 10346960928 Oven Roasted 71 - 88 Servings 22 0 $113.66/cs 100103W - $34.16 $79.50 Substitutable
Glazed Chicken
Wings
Created by Interflex BidAdvantage GA-2023-27007, Page 1 of 3
Material No New Material No Description Pack Item # Qty Commercial PTV Commodity Type
69190 10000006919 Cheeseburger 100 Servings 5 0 $93.98/cs $47.38 Non-Substitutable
Meatloaf, 2.9 oz 100154 - $46.60
026435-0928 10264350928 Glazed Chicken 80 - 128 Servings 9 0 $86.56/cs 100103D - $32.09 $54.47 Substitutable
Drumsticks
021879-0928 10218790928 Seasoned, 57 - 100 Servings LAO 0 $72.36/cs 100103D - $9.94 $47.51 Substitutable
Glazed, Mesquite 100103W - $14.91
& Smoke Flavored
ProPortion®
Bone-In Chicken
Notes & Comments:
Terms & Conditions:
COMMERCIAL: Total Product Cost before USDA discount.
PTV: (Pass-Thru-Value) Dollar value of USDA donated food per case.
PROCESSING FEE (COMMODITY): USDA Commodity Fee-For-Service Pricing. Valid only on sales reported and validated via K12 Foodservice.
NOI PROCESS:
Distributors must billback against the commercial bid pricing. The distributor will be credited on a separate payment for the PTV after the distributor draws down the recipient agency's commodity balance
via K12 Foodservice.
NON-SUBSTITUTABLE CODES: "CLOSED SKU NOI"
Non-Substitutable Codes: 100154 Beef Coarse Ground; 100155 Beef Fresh Combo, and 100193 Pork, will be available only via pass through method of Fee-For-Service or Closed SKU NOI. No
COMMERCIAL sales for these commodities.
Per USDA Memo FD-007: Processing (Revised) - For end products produced from non-substitutable donated foods, the processor must assign end products a unique shop keeping unit (SKU) or other
identifier to prevent commingling or slotting with similar commercial products, which do not meet USDA's specifications, substitution, and grading requirements, at the distributor facility. These closed SKU
non-substitutable end products must only be sold to eligible SFAs. The processor must also provide the distributor with the gross price of the end product, and the value of the donated food used to
produce the end product for each SKU. The processor should also notify SFAs that end products have shipped to the distributor, so that they can begin drawing down the inventory.
Our products are packed based on the average number of servings. The average servings per case is calculated and checked for compliance for every production shift (eight hours). The average servings
per case, as set forth on the EPDS, meets FNS guidelines. The serving price has been calculated using the average number of servings. While the number of servings in each individual case could vary,
the per serving price in this bid has been calculated to accurately reflect the per serving price over the school year.
Billback with proof of delivery. The Distribution Company is responsible for offering the appropriate product code to the Operator. This quote from Tyson Sales and Distribution, Inc. (Tyson) replaces and
supersedes any quote previously provided to the Distribution Company for the Bid Title and Operator between the start and end dates above (including any overlapping time period). Placing any orders for
the above products for the described Bid Title and Operator between the start and end dates above (including any overlapping time periods) constitutes acceptance of the pricing in this quote.
This quote is not a guaranty of availability of products. Tyson shall be liable for providing specified or comparable products only when Tyson executes an agreement with agreed upon volumes or provides
written acceptance of an order. When aggregate purchase volumes have been agreed upon, Purchaser may not increase or decrease proportional product draw +/- five percent (5%) of the agreed upon
volume without written acceptance by Tyson.
Tyson retains the right to adjust prices and to add, delete or substitute comparable products upon advance written notice.
Please note that Tyson offers an array of Marketing Resources, Recipes Ideas and offers over 50 products qualifying for Cool School Cafe points. More information is available at:
https://www.tysonfoodservice.com/your-channel/k-12.
Except to the extent inconsistent with the terms herein, all products are sold pursuant to Tysons Terms & Conditions of Sale in place at the time of order acceptance, which are incorporated herein by
reference and are available at: https://www.tysonfoods.com/terms-conditions-sale.
Contact:
Created by Interflex BidAdvantage GA-2023-27007, Page 2 of 3
Tyson Foods, Inc. Bid Department CP576 2200 Don Tyson Parkway
Springdale, AR 72762
Tel: 800-643-3410 Fax: 479-203-4246
Confidentiality Clause: All information contained in this document that has been provided to the requesting party (you) by Tyson or its affiliates (collectively Tyson) is confidential and proprietary
information of Tyson and may also be a trade secret, and are legally protected interests of Tyson. You are hereby advised, and you agree, that you, your officers, agents, and employees are responsible
for maintaining the confidentiality of Tysons information and shall not divulge it to anyone in any format or manner without the prior express written permission of Tyson.
Created by Interflex BidAdvantage GA-2023-27007, Page 3 of 3
Tyson Foods, Inc.
2200 Don Tyson Parkway
Springdale, AR 72762
ph: (800) 248-9766
Request #: GA-2023-27008
Operator: Request Type: Commercial
Dekalb County Price Status: Provided
1701 Mountain Industrial Boulevard Shipment Type: Direct Shipment
Stone Mountain, GA 30083
ph: (678) 676-0285 Award Type: Line Item
fax: Issue Date: 3/3/2023
Bid Title: Opening Date: 3/8/2023
Request to Renew RFP #22-18 USDA Product Processing Bid Start Date: 7/1/2023
End Date: 6/30/2024
Print Date: 3/7/2023
Material No New Material No Description Pack Item # Qty Commercial
68035 10000068131 Country Fried Breaded Beef Steak, 3.8 85 Servings 2 0 $104.28/cs
oz
68190 10000036919 Cheeseburger Meatloaf, 2.9 oz 100 Servings 5 0 $91.74/cs
68180 10000068180 Beef Burger with Halal Certification, 2.0 170 Servings LAO 0 $144.27/cs
oz
Notes & Comments:
Terms & Conditions:
Our products are packed based on the average number of servings. The average servings per case is calculated and checked for compliance for every production shift (eight hours). The average servings
per case, as set forth on the EPDS, meets FNS guidelines. The serving price has been calculated using the average number of servings. While the number of servings in each individual case could vary,
the per serving price in this bid has been calculated to accurately reflect the per serving price over the school year.
Billback with proof of delivery. The Distribution Company is responsible for offering the appropriate product code to the Operator. This quote from Tyson Sales and Distribution, Inc. (Tyson) replaces and
supersedes any quote previously provided to the Distribution Company for the Bid Title and Operator between the start and end dates above (including any overlapping time period). Placing any orders for
the above products for the described Bid Title and Operator between the start and end dates above (including any overlapping time periods) constitutes acceptance of the pricing in this quote.
This quote is not a guaranty of availability of products. Tyson shall be liable for providing specified or comparable products only when Tyson executes an agreement with agreed upon volumes or provides
written acceptance of an order. When aggregate purchase volumes have been agreed upon, Purchaser may not increase or decrease proportional product draw +/- five percent (5%) of the agreed upon
volume without written acceptance by Tyson.
Tyson retains the right to adjust prices and to add, delete or substitute comparable products upon advance written notice.
Please note that Tyson offers an array of Marketing Resources, Recipes Ideas and offers over 50 products qualifying for Cool School Cafe points. More information is available at:
https://www.tysonfoodservice.com/your-channel/k-12.
Except to the extent inconsistent with the terms herein, all products are sold pursuant to Tysons Terms & Conditions of Sale in place at the time of order acceptance, which are incorporated herein by
reference and are available at: https://www.tysonfoods.com/terms-conditions-sale.
Created by Interflex BidAdvantage GA-2023-27008, Page 1 of 2
Contact:
Tyson Foods, Inc. Bid Department CP576 2200 Don Tyson Parkway
Springdale, AR 72762
Tel: 800-643-3410 Fax: 479-203-4246
Confidentiality Clause: All information contained in this document that has been provided to the requesting party (you) by Tyson or its affiliates (collectively Tyson) is confidential and proprietary
information of Tyson and may also be a trade secret, and are legally protected interests of Tyson. You are hereby advised, and you agree, that you, your officers, agents, and employees are responsible
for maintaining the confidentiality of Tysons information and shall not divulge it to anyone in any format or manner without the prior express written permission of Tyson.
Created by Interflex BidAdvantage GA-2023-27008, Page 2 of 2
Material Reformatting
Overview
We will be implementing a single SAP order entry platform across all campuses in January 2019 which
will support our phased approach of our distribution “network of the future” which will roll out over the
next three years. This will include a reformat of our master data that supports our internal material
numbers (product numbers).
Why are we doing this?
This will standardize our data across all campuses, production facilities and our distribution network,
enabling Tyson to fully automate across our entire supply chain and better enable the network of the
future.
What changes will impact you and what is the timing?
The change to our internal Tyson material number should have limited impact to you. The first change
you will notice is on product labels. Legacy product numbers will remain on all labels and beginning
July 15, 2018 we will begin to include the new Tyson material number. Additions of the new Tyson
material number to the product label will happen on a rolling schedule over the next several months.
The second change, order entry, will ONLY impact customers using a Tyson, Hillshire or Advance-Pierre
product code to place orders. These customers will need to covert to the new material code prior to our
conversion date of January 27, 2019. Tyson will provide guidance to help you make these changes
starting in the fall of 2018.
The third change, is the distribution “network of the future” which will be a phased roll out across the
country over the next three years. Tyson Sales, Distribution, and Logistics team members will be
reaching out their appropriate customer partners as those locations and changes get closer.
What is not changing?
Related to this initiative, we are not changing any of the following key items:
GTIN/UPC
Product Name Short Description
Brand Description
Product Formulation
Producing Locations
What do you need to do?
1. Be prepared to see label changes as soon as July 15, 2018 and communicate those changes to
your customers or teams.
2. Work closely with your Tyson Sales team who will proactively provide guidance on any needed
order changes prior to January 27, 2019.
© Copyright 2018 Tyson Foods |
1
Material Reformatting
Details
Key Decisions
Label Examples
© Copyright 2018 Tyson Foods |
2
TYSON FOODS, INC. .; 1063390
12334860
DEKALB COUNTY SCHOOL DISTRICT
1701 MOUNTAIN INDUSTRIAL BLVD,
STONE MOUNTAIN, GA 30083
Dear Valued Client:
In our continuing effort to provide timely certificate delivery, Lockton Companies is utilizing paperless
delivery of Certificates of Insurance. To ensure electronic delivery for future renewals of this certificate, we
need your email address. Please contact us via the email below and reference Certificate ID: 12334860.
You must reference this Certificate ID number in order for us to complete this process.
Certificate ID: 12334860
Email: kcasu@Lockton.com
Subject Line: ASU E-Delivery
NOTES:
If you received this letter with a certificate via email, no further action on your part is necessary.
If you no longer need this certificate, please contact us at kcasu@lockton.com, reference the Holder ID
number and use this subject line: "Certificate Removal"
Thank you for your cooperation.
Lockton Companies
Account Services Unit
BID NO. 22-18 USDA PRODUCT PROCESSING PAGE 17
Insurance
The DCSD Risk Management Unit sets insurance and indemnification requirements for each solicitation.
Certificate of Insurance and/or ACORD Form is required with solicitation submittal. Provision of Certificate of
Insurance is a mandatory requirement. Proposals submitted with Certificates of Insurance will be considered
conditionally responsive to the insurance and indemnification requirement. Final award of this bid will be contingent
upon receipt within ten (10) business days of request for insurance documentation complete with the following
requirements and fully acceptable to the DCSD Risk Management Unit. No work will commence and no purchases
will be made without the written statement of approval of insurance coverage from the DCSD Risk Management Unit.
In the event the awarded bidder cannot produce insurance coverage acceptable to the DCSD Risk Management Unit
within the time provided, DCSD reserves the right to award this solicitation to the first runner-up.
1) Vendor shall procure and maintain throughout the term of this agreement a policy or policies of insurance providing
coverage as set forth below. The foregoing policies shall be obtained from insurance companies approved to do
business in the State of Georgia or companies acceptable to DCSD. Vendor shall procure the insurance policy or
information:
(a) Name and address of agent/broker;
(b) Name and address of insured;
(c) Name of insurance company, underwriting syndicate, or other insuring entity;
(d) Description of coverage in standard terminology;
(e) Policy period;
(f) Policy number;
(g) Limits of liability;
(h) Name and address of certificate holder;
(i) Acknowledgment to the DCSD of notice requirements of material adverse change;
(j) Signature of authorized agent/broker;
(k) Telephone number of authorized agent/broker; and
(l) Details of policy exclusions applicable to this agreement in comments section of Insurance Certificate.
All certificates/endorsements evidencing primary and excess layers shall be renewed and kept current and up to date
on an annual or lesser time basis as needed.
2) All liability policies shall include DCSD as an additional insured. Vendor is required to maintain the following
insurance coverage(s) during the term of this agreement:
(a) Workers Compensation Insurance in the amounts of the statutory limits established by the General
Assembly of the State of Georgia. Bidder shall have the ability to self-insure its
compensation coverage if bidder is an approved self-insurer in the State of Georgia.
(b) Comprehensive General Liability Policy, or equivalent coverage, to include products
and completed operations liability and contractual liability. The Comprehensive General Liability Policy
shall have dollar limits sufficient to insure that there is no gap in coverage between this policy and any
excess or Commercial Umbrella Policy described below.
(c) Comprehensive Auto Policy to include but not be limited to liability coverage on anyowned, non-owned
Comprehensive Automobile Policy shall have dollar limits sufficient to insure that there is no gap in
coverage between this policy and the excess or Commercial Umbrella Policy required under this
agreement.
(d) Commercial Umbrella or Excess Liability Policy, which must provide the same or
broader coverage than those provided for in the above Comprehensive General Liability and Business
Charles Boger
Tyson / Charles Boger (Mar 8, 2023 15:03 CST)
____________________________________________________________
COMPANY NAME/CERTIFYING OFFICIAL SIGNATURE
Charles Boger, SR Director Pricing
BID NO. 22-18 USDA PRODUCT PROCESSING PAGE 18
Auto Policies. Policy limits for the Commercial Umbrella or Excess Liability Policy shall have an
annual aggregate limit not less than $2,000,000.
(e) Under all coverage and certificates required hereunder, policies shall or be endorsed
to include the following terms and conditions:
(ii) The foregoing policies shall contain a provision that coverage afforded under the
policies will not be canceled, or not renewed, allowed to lapse for any reason until at
least sixty (60) days prior written notice has been given to DCSD.
(iii) Shall waive all right of subrogation against Indemnitees for losses arising out of this agreement.
(iv) A severability of interest or cross liability clause or endorsement applies to commercial general
liability and excess liability policies.
(v) Certificates of Insurance showing such coverage to be in force shall be filed with
DCSD prior to commencement or continuation of any work under this agreement.
(vi) All such coverage shall remain in full force and effect during the term and any
renewal or extension thereof.
(f) Under coverage and certificates required under Sections 2(a), 2(b), (c), and (d) above,
policies shall be endorsed to include the following terms and conditions:
Minimum limits of $1,000,000 per occurrence $2,000,000 in the annual aggregate. Primary limits of
coverage in the amount of $1,000,000 per occurrence must be with insurers approved to conduct
business in the State of Georgia. Excess or umbrella liability insurance may be placed with any
insurer submitted by bidder, including captive or self-insured programs, with the prior written approval
of DCSD.
(g) Bidder shall require any and all subbidders performing work under this agreement to carry insurance of
the types and with limits of liability as bidder shall deem appropriate and adequate for the work being
performed. However, the obligations of the bidder to the Indemnitees assumed in Sections of
Indemnification, and Insurance shall not be reduced or diminished by the standards set for the
subbidders. Further, bidder agrees that their obligations to indemnify and insure the Indemnitees shall
same extent as if committed by the bidder. Bidder shall obtain and make available for inspection by
DCSD, current certificates of insurance evidencing insurance coverage
by such subbidders.
Charles Boger
Tyson / Charles Boger (Mar 8, 2023 15:03 CST)
____________________________________________________________
COMPANY NAME/CERTIFYING OFFICIAL SIGNATURE
Charles Boger, SR Director Pricing
March 03, 2023
VIA EMAIL : K12bidgroup@tyson.com
Tyson Prepared Foods, Inc.
2200 Don Tyson Parkway
Springdale, AZ 72762
ATTN: Charles Boger, SR Director Pricing
Reference: Bid No. 22-18, USDA Product Processing
Dear Mr. Boger:
As a result of the excellent service provided by Tyson Prepared Foods, Inc., the DeKalb County School District
(“DCSD”) desires to renew the award of the items listed below on Bid No. 22-18 USDA Product Processing for one
(1) year on the same terms, conditions and pricing as stated in the bid on the items listed below. The purpose of
this letter is to obtain Tyson Prepared Foods, Inc.’s acceptance of DCSD’s offer to renew the award of Bid No. 22-
18.
Item No.: 2, 5, 9, 10, 11, 13, 15, 16, 17, 18 & 22 only.
The renewal is subject to the DeKalb County Board of Education’s (“Board”) approval and will be effective from July
1, 2023 through June 30, 2024. Of course, we will notify you once the Board has approved the renewal. DCSD
appreciates Tyson Prepared Foods, Inc.’s consideration of this offer to renew the award of Bid No. 22-18.
If accepted, please submit a copy of your company’s proof of insurance reflecting the coverage(s) stated within the
original solicitation document, sign the acceptance below and email both documents to
solicitationquestions@dekalbschoolsga.org no later than Wednesday, March 8, 2023. Insurance policy or policies
must be maintained throughout the term of this agreement. A copy of the insurance requirements is included.
Best regards,
Carla L. Smith
Carla L. Smith
Executive Director, Vendor Services
CLS/lw
c: Dr. Connie Walker
Ms. Janet Stone
ACKNOWLEDGMENT
Tyson Prepared Foods, Inc. hereby accepts DeKalb County School District’s offer to renew the award of Bid No. 22-
18, USDA Product Processing at the same prices, terms and conditions as the original award, until June 30, 2024.
Tyson Prepared Foods, Inc. understands that this acceptance is subject to the approval of the DeKalb County Board
of Education.
Charles Boger 03/08/2023
________________________
Charles Boger (Mar 8, 2023 15:03 CST) ________________________
Authorized Signatory Date
Charles Boger
________________________ SR Director Pricing
________________________
Name (Typed or Printed) Title of Authorized Signatory
Robert R. Freeman Administrative Complex
1701 Mountain Industrial Blvd | Stone Mountain, GA 30083
678.676.0110 | www.dekalbschoolsga.org
Request to Renew RFP #22-18 USDA Product
Processing Bid
Final Audit Report 2023-03-08
Created: 2023-03-08 (Central Standard Time)
By: Ro Garrison (Ro.Garrison@tyson.com)
Status: Signed
Transaction ID: CBJCHBCAABAAT8x5jjSnBfJzxZWYOkyICCmQ78zxe6xn
"Request to Renew RFP #22-18 USDA Product Processing Bid"
History
Document created by Ro Garrison (Ro.Garrison@tyson.com)
2023-03-08 - 2:56:23 PM CST
Document emailed to Charles Boger (charlie.boger@tyson.com) for signature
2023-03-08 - 2:59:01 PM CST
Email viewed by Charles Boger (charlie.boger@tyson.com)
2023-03-08 - 3:03:33 PM CST
Document e-signed by Charles Boger (charlie.boger@tyson.com)
Signature Date: 2023-03-08 - 3:03:52 PM CST - Time Source: server
Agreement completed.
2023-03-08 - 3:03:52 PM CST