Agenda Item
i. Supply Chain Funding Transfer to SNS Accounts, SY23-24 (Not to exceed $6,611,145.37) ~ Updated 5.6.2024
Request: It is requested that the Board of Education approve the Supply Chain Funding Transfer to the following SNS accounts for SY 23-24: Bid No. 22-15 Frozen/Temperature Control & Dry Food Products, Gordon Food Service, Inc., in the amount of $4,000,000 and $1,840,023.33(Summer School); Bid No. 20-23 Bread, Bimbo Bakeries, USA, in the amount of $257, 040.68; Bid No.20-28 Milk, Borden Dairies, in the amount of $257,040.68 and Bid No. 20-17 Fresh Produce & Eggs, Royal Food Service, in the amount of $257,040.68 totaling $6,611,145.37.
Why: The budget increase is necessary to compensate the vendor for the cost of goods and services, which exceeded the amount budgeted for SY23- 24.
Details: DeKalb County received 6,611,145.37 dollars from the Supply Chain Assistance Grant (SCA) to support rising food costs and improve the accessibility of school meals provided to students. School Nutrition requests an Emergency Supply Chain Funding Transfer to SNS accounts for SY 23-24 to continue to purchase food & supplies from May - June 2024.
The Supply Chain grant ($6,611,145.37) was set up to be split for the National School Lunch Program ($4,771,122.04) and Summer School Programs ($1,840,023.33) food purchases. It is requested that the Board of Education approve the Emergency Supply Chain Funding Transfer to the following SNS accounts for SY 23-24:
Bid No. 22-15 Frozen/Temperature Control & Dry Food Products, Gordon Food Service, Inc., in the additional amount of $4,000,000 for SY 23-24 and $1,840,023.33 (Summer School) totaling $ 5,840.023.33.
The additional $771,122.04 will be split amongst the other vendors: Bimbo Bakeries (Bread), Borden Dairies (Milk), and Royal Food Service (Produce).
Bid No. 20-23 Bread, Bimbo Bakeries, USA, in the additional amount of $257,040.68.
Bid No.20-28 Milk, Borden Dairies, in the additional amount of $257, 040.68.
Bid No. 20-17 Fresh Produce & Eggs, Royal Food Service, in the additional amount of $257,040.68.
For SNS budget and expenditures compliance, all the food vendor expenditures are processed with the same account charge code 563000.
Financial impact: Funds will be paid from GL account 622.3100.563000.00062.8200.9990.8015.040.0000
Board Policy DJE requires the Board of Education to approve the expenditure of any vendor that provides goods and/or services to the school system that may exceed $100,000.00 in purchases for the fiscal year.
Contact: Mr. Erick Hofstetter, Chief Operating Officer, Division of Operations 678.676.1475
Dr. Connie R. Walker, Executive Director of School Nutrition Services 678.676.1780
Effective: Upon Board Approval
Status: Approved by General Counsel
DATE (MM/DD/YYYY)
CERTIFICATE OF LIABILITY INSURANCE 1/31/2025 2/22/2024
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
(A/C, No, Ext):
FAX
(A/C, No):
DALLAS TX 75201 E-MAIL
214-969-6700 ADDRESS:
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 :
(see attached addendum)
355 Business Center Dr. INSURER D :
Horsham PA 19044 INSURER E :
INSURER F :
COVERAGES * CERTIFICATE NUMBER: 20314451 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 G47306589 1/31/2024 1/31/2025 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 Y Y ISA H10699472 1/31/2024 1/31/2025 (Ea accident) $ 5,000,000
A X XSA H25556446 1/31/2022 1/31/2025
A ANY AUTO
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 EACH OCCURRENCE $ XXXXXXX
EXCESS LIAB NOT APPLICABLE $ XXXXXXX
CLAIMS-MADE AGGREGATE
DED RETENTION $ $
WORKERS COMPENSATION PER OTH-
B AND EMPLOYERS' LIABILITY Y/N
Y (AOS) WLR C70317722 1/31/2024 1/31/2025 X STATUTE ER
A ANY PROPRIETOR/PARTNER/EXECUTIVE (WI) SCF C7031776A 1/31/2024 1/31/2025 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 includes: Dekalb Co School District as an additional insured.
CERTIFICATE HOLDER CANCELLATION See Attachments
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
20314451 AUTHORIZED REPRESENTATIVE
Dekalb Co School District
1701 Mountain Industrial Blvd.
Stone Mountain GA 30083
ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved
The ACORD name and logo are registered marks of ACORD
Attachment Code : D559175 Master ID: 1359436, Certificate ID: 20314451
INSURED:
Bimbo Bakeries Inc. on behalf
of itself and U.S. subsidiaries
including (see attached addendum)
355 Business Center Drive
Horsham, PA 19044 USA
The following are Named Insureds under the GL and Auto
policies:
Bimbo Bakeries Inc.
Advantafirst Capital Financial Services, LLC
Arnold Sales Company LLC
Bimbo Bakeries USA, Inc.
Bimbo Bakeries Distribution Company, LLC
Bimbo Foods Bakeries Distribution, LLC
Earthgrains Baking Companies, LLC
Stroehmann Line-Haul, L.P.
Bimbo Bakehouse LLC
Bimbo Bakehouse INC
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
Olympic Freightways, LLC
Emmy’s Organics, LLC
St. Pierre Groupe, LLC
Attachment Code : D559175 Master ID: 1359436, Certificate ID: 20314451
Attachment Code : D484885 Certificate ID : 20314451
1
POLICY NUMBER: HDO G47306589
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.
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 : D484861 Certificate ID : 20314451
1
ADDITIONAL INSURED –
DESIGNATED PERSONS OR ORGANIZATIONS
Named Insured Endorsement Number
Bimbo Bakeries USA, Inc. 3
Policy Symbol Policy Number Policy Period Effective Date of Endorsement
ISA H10699472 01/31/2024 to 01/31/2025
Issued By (Name of Insurance Company)
ACE American Insurance Company
Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
AUTO DEALERS COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
EXCESS BUSINESS AUTO COVERAGE FORM
EXCESS TRUCKERS COVERAGE FORM
Additional Insured(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.
A. For a covered “auto,” Who Is Insured is amended to include as an “insured,” the persons or organizations
named in this endorsement. However, these persons or organizations are an “insured” only for “bodily
injury”
or “property damage” resulting from acts or omissions of:
1. You.
2. Any of your “employees” or agents.
3. Any person operating a covered “auto” with permission from you, any of your “employees” or agents.
B. The persons or organizations named in this endorsement are not liable for payment of your premium.
Authorized Representative
Attachment Code : D484856 Certificate ID : 20314451
1
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS
Named Insured Bimbo Bakeries USA, Inc. Endorsement Number
1
Policy Number Policy Period
Policy Symbol Effective Date of Endorsement
ISA H10699472 01/31/2024 TO 01/31/2025
Issued By (Name of Insurance Company)
ACEI American
nsertthe
Insurance
1h
Company
der ofthe to b feted te on d I when
th
po icy num e remain d d sub tto th tth
ber. rma ion
in o a comp
y
is en orsemen is isue
sequen e prepara ion o e policy.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This Endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIERS COVERAGE FORM
AUTO DEALERS COVERAGE FORM
We waive any right of recovery we may have against the person or organization shown in the Schedule below because
of payments we make for injury or damage arising out of the use of a covered auto. The waiver applies only to the
person or organization shown in the SCHEDULE.
SCHEDULE
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.
Authorized Representative
Attachment Code : D484859 Certificate ID : 20314451
1
NON-CONTRIBUTORY ENDORSEMENT FOR ADDITIONAL INSUREDS
Named Insured Bimbo Bakeries USA, Inc. Endorsement Number
2
Policy Symbol Policy Number Policy Period Effective Date of Endorsement
ISA H10699472 01/31/2024 TO 01/31/2025
Issued By (Name of Insurance Company)
ACE American Insurance Company
Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
AUTO DEALERS COVERAGE FORM
Schedule
Organization Additional Insured Endorsement
Any additional insured with whom you have agreed to provide such non-
contributory insurance, pursuant to and as required under a written contract
executed prior to the date of loss.
(If no information is filled in, the schedule shall read: “All persons or entities added as additional insureds
through an endorsement with the term “Additional Insured” in the title)
For organizations that are listed in the Schedule above that are also an Additional Insured under an endorsement
attached to this policy, the following is added to the Other Insurance Condition under General Conditions:
If other insurance is available to an insured we cover under any of the endorsements listed or described
above (the “Additional Insured”) for a loss we cover under this policy, this insurance will apply to such loss
on a primary basis and we will not seek contribution from the other insurance available to the Additional
Insured.
Authorized Representative
DA-21886b (06/14) Page 1 of 1
Attachment Code : D484863 Certificate ID : 20314451
1
NOTICE TO OTHERS ENDORSEMENT - SCHEDULE
NOTICE BY INSURED'S REPRESENTATIVE
Named Insured Bimbo Bakeries USA, Inc. Endorsement Number
4
Policy Symbol Policy Number Policy Period Effective Date of Endorsement
ISA H10699472 01/31/2024 TO 01/31/2025
Issued By (Name of Insurance Company)
ACE American Insurance Company
Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
A. If we cancel this Policy prior to its expiration date by notice to you or the first Named Insured for any reason other than
nonpayment of premium, we will endeavor, as set out in this endorsement, to send written notice of cancellation, to the
persons or organizations listed in the schedule that you or your representative create or maintain (the "Schedule") by
allowing your representative to send such notice to such persons or organizations. This notice will be in addition to our
notice to you or the first Named Insured, and any other party whom we are required to notify by statute and in accordance
with the cancellation provisions of the Policy.
B. The notice referenced in this endorsement as provided by your representative is intended only to be a courtesy
notification to the person(s) or organization(s) named in the Schedule in the event of a pending cancellation of coverage.
We have no legal obligation of any kind to any such person(s) or organization(s). The failure to provide advance
notification of cancellation to the person(s) or organization(s) shown in the Schedule will impose no obligation or liability
of any kind upon us, our agents or representatives, will not extend any Policy cancellation date and will not negate any
cancellation of the Policy.
C. We are not responsible for verifying any information in any Schedule, nor are we responsible for any incorrect information
that you or your representative may use.
D. We will only be responsible for sending such notice to your representative, and your representative will in turn send the
notice to the persons or organizations listed in the Schedule at least 30 days prior to the cancellation date applicable to
the Policy. You will cooperate with us in providing the Schedule, or in causing your representative to provide the
Schedule.
E. This endorsement does not apply in the event that you cancel the Policy.
All other terms and conditions of this Policy remain unchanged.
Authonzed Representative
ALL-32686 (01/11) Page 1 of 1
Attachment Code : D484868 Certificate ID : 20314451
1
POLICY NUMBER: HDO G47306589
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
Attachment Code : D484869 Certificate ID : 20314451
1
NON-CONTRIBUTORY ENDORSEMENT FOR ADDITIONAL INSUREDS
Named Insured Endorsement Number
Bimbo Bakeries USA Inc 12
Policy Symbol Policy Number Policy Period Effective Date of Endorsement
HDO G47306589 01/31/2024 to 01/31/2025
Issued By (Name of Insurance Company)
ACE American Insurance Company
Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COMMERCIAL GENERAL LIABILITY COVERAGE
Schedule
Organization Any additional insured with whom you Additional Insured Endorsement
have agreed to provide such non-contributory
insurance, pursuant to and as required under a written
contract executed prior to the date of loss.
(If no information is filled in, the schedule shall read: "All persons or entities added as additional insureds
through an endorsement with the term "Additional Insured" in the title)
For organizations that are listed in the Schedule above that are also an Additional Insured under an endorsement
attached to this policy, the following is added to Section IV.4.a:
If other insurance is available to an insured we cover under any of the endorsements listed or described
above (the "Additional Insured") for a loss we cover under this policy, this insurance will apply to such loss
on a primary basis and we will not seek contribution from the other insurance available to the Additional
Insured.
Authorized Agent
LD-20287 (06/06) Page 1 of 1
Attachment Code : D484884 Certificate ID : 20314451
1
NOTICE TO OTHERS ENDORSEMENT - SCHEDULE
NOTICE BY INSURED'S REPRESENTATIVE
Named Insured Bimbo Bakeries USA Inc Endorsement Number
16
Policy Symbol Policy Number Policy Period Effective Date of Endorsement
HDO G47306589 01/31/2024 TO 01/31/2025
Issued By (Name of Insurance Company)
ACE American Insurance Company
Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
A. If we cancel this Policy prior to its expiration date by notice to you or the first Named Insured for any reason other than
nonpayment of premium, we will endeavor, as set out in this endorsement, to send written notice of cancellation, to the
persons or organizations listed in the schedule that you or your representative create or maintain (the "Schedule") by
allowing your representative to send such notice to such persons or organizations. This notice will be in addition to our
notice to you or the first Named Insured, and any other party whom we are required to notify by statute and in
accordance with the cancellation provisions of the Policy.
B. The notice referenced in this endorsement as provided by your representative is intended only to be a courtesy
notification to the person(s) or organization(s) named in the Schedule in the event of a pending cancellation of coverage.
We have no legal obligation of any kind to any such person(s) or organization(s). The failure to provide advance
notification of cancellation to the person(s) or organization(s) shown in the Schedule will impose no obligation or liability
of any kind upon us, our agents or representatives, will not extend any Policy cancellation date and will not negate any
cancellation of the Policy.
C. We are not responsible for verifying any information in any Schedule, nor are we responsible for any incorrect
information that you or your representative may use.
D. We will only be responsible for sending such notice to your representative, and your representative will in turn send the
notice to the persons or organizations listed in the Schedule at least 30 days prior to the cancellation date applicable to
the Policy. You will cooperate with us in providing the Schedule, or in causing your representative to provide the
Schedule.
E. This endorsement does not apply in the event that you cancel the Policy.
All other terms and conditions of this Policy remain unchanged.
Authorized Representative
ALL-32686 (01/11) Page 1 of 1
Attachment Code : D484991 Certificate ID : 20314451
Workers' Compensation and Employers' Liability Policy
Named Insured Endorsement Number
BIMBO BAKERIES USA INC.
355 BUSINESS CENTER DRIVE Policy Number
HORSHAM PA 19044
Symbol: WLR Number: C70317722
Policy Period Effective Date of Endorsement
01-31-2024 TO 01-31-2025 01-31-2024
Issued By (Name of Insurance Company)
INDEMNITY INSURANCE CO. OF NORTH AMERICA
Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy.
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right
against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work
under a written contract that requires you to obtain this agreement from us.
This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule.
Schedule
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.
For the states of CA, UT, TX, refer to state specific endorsements.
This endorsement is not applicable in KY, NH, and NJ.
The endorsement does not apply to policies in Missouri where the employer is in the construction group of code classifications.
According to Section 287.150(6) of the Missouri statutes, a contractual provision purporting to waive subrogation rights against
public policy and void where one party to the contract is an employer in the construction group of code classifications.
For Kansas, use of this endorsement is limited by the Kansas Fairness in Private Construction Contract Act(K.S.A.. 16-1801
through 16-1807 and any amendments thereto) and the Kansas Fairness in Public Construction Contract Act(K.S.A 16-1901
through 16-1908 and any amendments thereto). According to the Acts a provision in a contract for private or public construction
purporting to waive subrogation rights for losses or claims covered or paid by liability or workers compensation insurance shall
be against public policy and shall be void and unenforceable except that, subject to the Acts, a contract may require waiver of
subrogation for losses or claims paid by a consolidated or wrap-up insurance program.
Authorized Representative
WC 00 03 13 (11105) Ptd. U.S.A. Copyright 1982-83, National Council on Compensation