Bid 24-28 Liability Insurance

AID 1650852 · View on Simbli

Agenda Item

i. Bid No. 24-28 for School Nutrition Fluid Milk to New Dairy of Kentucky, LLC (d/b/a Borden Dairy) (Not to exceed $4,949,377 for SY 24-25)

Summary: Presented By: Mr. Erick Hofstetter, Chief Operating Officer, Division of Operations
Request: It requested that the Board of Education approve the award of Bid 24-28 School Nutrition Fluid Milk to New Dairy of Kentucky, LLC (d/b/a Borden Dairy), in the amount not to exceed the budgeted amount of $4,949,377 for SY 24-25.
Why: To ensure DCSD SNS provides healthy reimbursable meals to students that meet the Child Nutrition, USDA standards for meal pattern requirements.
Details: Bid 24-28 was competitively solicited through the Purchasing Department; it was posted to the DCSD website and IonWave on February 8, 2024. The bid was advertised in the Champion Newspaper on February 8, 2024, and February 15, 2024. Electronic notification was sent to 6 vendors from the DCSD vendor bid list. Electronic notification was sent to 84 vendors from the DCSD IonWave. Electronic notification was also sent to 88 vendors through the State of GA Procurement Registry.

Products to be provided by New Dairy of Kentucky, LLC (d/b/a Borden Dairy), are delivered by the vendor to the schools.

Three (3) bids were reviewed, and three were deemed responsive to requirements of the solicitation by the Purchasing Department. School Nutrition Services evaluation panel selected New Dairy of Kentucky, LLC (d/b/a Borden Dairy), as the most responsive and responsible bidder.

New Dairy of Kentucky, LLC (d/b/a Borden Dairy)
221 W Hwy 80
London, KY 40741

DFA Dairy Brands/Mayfield Dairy is not being recommended based on their following exceptions to the bid language:

Exception 1. All prices shall be firm against components other than the actual milk or juice cost. The milk and juice cost can escalate or de-escalate monthly with changes in the USDA announced federal market order. Bid

language 1: All prices offered shall be firm against any increase for 12 months from the date of the contract award.

Exception 2. Unused dairy products remaining in schools over an extended closed period of time shall be picked up and disposed of by the dairy supplier at no additional charge. Bid language 2: Unused dairy products remaining in the schools over an extended closed period of time shall be replaced or picked up, and proper credit be issued. Extended closed periods are the following breaks: Fall, Thanksgiving, Winter, and Spring.

Diversified Foods, Inc. is not being recommended based on the following:

Diversified Foods did not provide a total bid price, and only listed shelf-stable milk products. Bid language: Addendum 1, Question 2c.) Is (bidding the entire bid on shelf stable aseptic milk) acceptable? Answer 2c.): No
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 in purchases for the fiscal year.
Contact: Mr. Erick Hofstetter, Chief Operating Officer, Division of Operations, (678) 676-1447

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                                                        12/1/2024               11/29/2023
  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:
             8110 E Union Avenue                                                        PHONE                                                  FAX
                                                                                        (A/C, No, Ext):                                        (A/C, No):
             Suite 100                                                                  E-MAIL
                                                                                        ADDRESS:
             Denver CO 80237
                                                                                                             INSURER(S) AFFORDING COVERAGE                             NAIC #
             (303) 414-6000
                                                                                        INSURER A :   ACE American Insurance Company                                    22667
INSURED
             New Dairy Opco, LLC                                                        INSURER B :   Gemini Insurance Company                                          10833
1480284 (See Named Insured Schedule)                                                    INSURER C : Travelers Property Casualty Company of America                      25674
             12400 Coit Rd, Suite 200                                                   INSURER D :   Indemnity Insurance Co of North America                           43575
             Dallas, TX 75251                                                           INSURER E :   Ironshore Specialty Insurance Co                                  25445
                                                                                        INSURER F :
COVERAGES                                    CERTIFICATE NUMBER:            16875919                                         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    XSLG47354614                     12/1/2023      12/1/2024    EACH OCCURRENCE                $ 3,000,000
                                                                                                                             DAMAGE TO RENTED
                CLAIMS-MADE      X   OCCUR                                                                                   PREMISES (Ea occurrence)       $ 1,000,000
                                                                                                                             MED EXP (Any one person)       $ XXXXXXX

                                                                                                                             PERSONAL & ADV INJURY          $ 1,000,000
       GEN'L AGGREGATE LIMIT APPLIES PER:                                                                                    GENERAL AGGREGATE              $ 10,000,000
                      PRO-
           POLICY    XJECT          LOC                                                                                      PRODUCTS - COMP/OP AGG         $ 6,000,000

            OTHER:                                                                                                                                          $
                                                                                                                             COMBINED SINGLE LIMIT
 A     AUTOMOBILE LIABILITY                         Y      Y    ISA H10765432                    12/1/2023      12/1/2024    (Ea accident)                  $
                                                                                                                                                            5,000,000
 B          ANY AUTO
                                                                GVE100259804                     12/1/2023      12/1/2024
       X                                                                                                                     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

 C          UMBRELLA LIAB                           Y      Y    CUP-1W946553-23-NF               12/1/2023      12/1/2024                                 $ 10,000,000
       X                         X   OCCUR                                                                                   EACH OCCURRENCE
            EXCESS LIAB              CLAIMS-MADE                                                                             AGGREGATE                    $ 10,000,000

              DED          RETENTION $ 10,000                                                                                                             $ XXXXXXX
       WORKERS COMPENSATION                                                                                                      PER              OTH-
 D                                                         Y    WLR C54508906                    12/1/2023      12/1/2024    X   STATUTE          ER
       AND EMPLOYERS' LIABILITY               Y/N
       ANY PROPRIETOR/PARTNER/EXECUTIVE
                                                    N/A
                                                                                                                             E.L. EACH ACCIDENT             $ 1,000,000
       OFFICER/MEMBER EXCLUDED?                N
       (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
 E     Environmental Liability                      N      N    ISPILLSCREUY001                  4/6/2023       4/6/2026     $5M ea incident/$10M agg



DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
THIS CERTIFICATE SUPERSEDES ALL PREVIOUSLY ISSUED CERTIFICATES FOR THIS HOLDER, APPLICABLE TO THE CARRIERS LISTED AND THE POLICY TERM(S) REFERENCED.
DCSD is included as Additional Insured as respects General, Automobile and Umbrella. Waiver of Subrogation applies in favor of Additional Insured as respects General,
Automobile, Umbrella Liability and Workers Compensation if required by written contract, where permissible by law.




CERTIFICATE HOLDER                                                                      CANCELLATION              See Attachments
                                                                                          SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
                                                                                          THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
        16875919                                                                          ACCORDANCE WITH THE POLICY PROVISIONS.
        DeKalb County School District Finance
        1701 Mountain Industrial 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: D579684 Master ID: 1480284, Certificate ID: 16875919




         Additional Workers Compensation Policies




         State: Ohio
         EL Limits: $1M Each Accident / $1M Each Employee / $1M Policy Limit
         Policy # WCU C54509108
         Carrier: Ace American Insurance Company
         Effective: 12/1/2023 – 12/1/2024


         State: Louisiana
         EL Limits: $1M Each Accident / $1M Each Employee / $1M Policy Limit
         Policy # 23-40010000
         Carrier: Louisiana Restaurant Association Self Insurer’s Fund
         Effective: 7/20/23 – 7/20/24


         State: Wisconsin
         EL Limits:
         $1M Each Accident / $1M Each Employee / $1M Policy Limit
         Policy #: SCF C54508992
         Carrier: ACE Fire Underwriters Insurance Company
         Effective: 12/1/2023 - 12/1/2024
Attachment Code: D579625 Master ID: 1480284, Certificate ID: 16875919


                                               Named Insured Schedule

         New Dairy Holdco, LLC
         New Dairy Intermediate, LLC
         New Dairy Opco, LLC
         New National Dairy, LLC
         New Dairy Trademark Holding, LLC
         New Dairy Cincinnati, LLC
         New Dairy Ohio, LLC
         New Dairy Madisonville, LLC
         New Dairy Claims Adjusting Services, LLC
         New Dairy Alabama, LLC
         New Dairy South Carolina, LLC
         New Dairy Texas, LLC
         New Dairy NDH Transport, LLC
         New Dairy Louisiana, LLC
         New Dairy Kentucky, LLC
         New Dairy Florida, LLC
         New Dairy Georgia, LLC
         New Dairy Cincinnati Transport, LLC
         New Dairy Ohio Transport, LLC
         NDH Transport, LLC
         NDSM Holdings, LLC
         NDSM Chemung, LLC
         NDSM De Pere, LLC
         NDSM Franklin Park, LLC