3b Liability Insurance

AID 1651032 · View on Simbli

Agenda Item

v. Renewal of Bid No. 22-18 USDA Product Processing - Year 3 of 4 - 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 $5,091,625 SY 24-25) ~ Updated 6.7.2024

Summary: Presented by: 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 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 $5,091,625 for SY 24-25. This request extends the agreement for all vendors listed above an additional year July 1, 2024, through June 30, 2025.
Why: To ensure DCSD SNS provides healthy reimbursable meals to students that meet the Child Nutrition, USDA standards for meal pattern requirements.
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 the 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 the original term contract from July 1, 2024, through June 30, 2025. There is an average less than 1% price increase from the processors for 2024-2025 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 Frozen Temperature Control & Dry Food Products.

Bid 22-18 was initially approved by the Board on July 12, 2021, in the amount not to exceed $3,500,00.00. This is the third of four (4) extensions (renewals) allowed.

Initial Contract term - 7/12/2021 - Not to Exceed $3,500,000.00

Yr. 1 Renewal - 6/6/2022 - Not to Exceed $4,025,000.00

Yr. 2 Renewal - 5/8/2023 - Not to Exceed $4,628,750.00

Yr. 3 Renewal - 6/10/2024 - Not to Exceed $5,091,625.00 (Current Year)
Financial impact: There is no financial impact on 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 the GL account.

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) 676-1447

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
                                                                                                                                GOODFOO-02                                      DCHEN
                                                                                                                                                                     DATE (MM/DD/YYYY)
                                               CERTIFICATE OF LIABILITY INSURANCE                                                                                       4/2/2024
  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).
PRODUCER License # 0757776
                                                                                  CONTACT Oksana Aleksyuk
                                                                                            NAME:
HUB International Insurance Services Inc.                                                   PHONE                                  FAX
                                                                                            (A/C, No, Ext): (805) 618-3718         (A/C, No): (805) 832-6582
PO Box 3310                                                                                 E-MAIL
Santa Barbara, CA 93130-3310                                                                ADDRESS: oksana.aleksyuk@hubinternational.com
                                                                                                                 INSURER(S) AFFORDING COVERAGE                                 NAIC #
                                                                                            INSURER A : Regent Insurance Company                                          24449
INSURED                                                                                     INSURER B : North Pointe Insurance Company                                    27740
                 Goodman Food Products Inc dba Don Lee Farms                                INSURER C : QBE Insurance Corporation                                         39217
                 200 E. Beach Avenue                                                        INSURER D : Praetorian Insurance Company                                      37257
                 Inglewood, CA 90302                                                                      Swiss Re Corporate Solutions Capacity Insurance Corporation
                                                                                            INSURER E :
                                                                                            INSURER F : Travelers Property Casualty Company of America                    25674
COVERAGES                                    CERTIFICATE NUMBER:                                                                   REVISION NUMBER:
  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                                                                                              EACH OCCURRENCE               $
                                                                                                                                                                              1,000,000
                 CLAIMS-MADE   X     OCCUR
                                                    X          CGA1404292                            4/1/2024         6/1/2025       DAMAGE TO RENTED
                                                                                                                                     PREMISES (Ea occurrence)      $
                                                                                                                                                                                100,000
                                                                                                                                     MED EXP (Any one person)      $
                                                                                                                                                                                 10,000
                                                                                                                                     PERSONAL & ADV INJURY         $
                                                                                                                                                                              1,000,000
       GEN'L AGGREGATE LIMIT APPLIES PER:                                                                                            GENERAL AGGREGATE             $
                                                                                                                                                                              2,000,000
           POLICY     PRO-
                      JECT          LOC                                                                                              PRODUCTS - COMP/OP AGG        $
                                                                                                                                                                              2,000,000
           OTHER:                                                                                                                                                  $
 B     AUTOMOBILE LIABILITY
                                                                                                                                     COMBINED SINGLE LIMIT
                                                                                                                                     (Ea accident)                 $
                                                                                                                                                                              1,000,000
       X   ANY AUTO                                            CBA1404292                            4/1/2024         6/1/2025       BODILY INJURY (Per person)    $
           OWNED                  SCHEDULED
           AUTOS ONLY             AUTOS                                                                                              BODILY INJURY (Per accident) $
           HIRED                  NON-OWNED                                                                                          PROPERTY DAMAGE
           AUTOS ONLY             AUTOS ONLY                                                                                         (Per accident)               $
                                                                                                                                                                   $
 C         UMBRELLA LIAB       X     OCCUR                                                                                           EACH OCCURRENCE               $
                                                                                                                                                                             10,000,000
       X   EXCESS LIAB               CLAIMS-MADE               191001209                             4/1/2024         4/1/2025       AGGREGATE                     $
                                                                                                                                                                             10,000,000
           DED     X   RETENTION $      10,000                                                                                                                     $
 D     WORKERS COMPENSATION                                                                                                          X   PER
                                                                                                                                         STATUTE
                                                                                                                                                          OTH-
                                                                                                                                                          ER
       AND EMPLOYERS' LIABILITY
                                             Y/N               152000623                             4/1/2024         4/1/2025                                                1,000,000
       ANY PROPRIETOR/PARTNER/EXECUTIVE                                                                                              E.L. EACH ACCIDENT            $
       OFFICER/MEMBER EXCLUDED?                    N/A
       (Mandatory in NH)                                                                                                             E.L. DISEASE - EA EMPLOYEE $
                                                                                                                                                                              1,000,000
       If yes, describe under                                                                                                                                                 1,000,000
       DESCRIPTION OF OPERATIONS below                                                                                               E.L. DISEASE - POLICY LIMIT   $
 E Product Recall                                              PRL2003193-01                         4/1/2024         6/1/2025      Retention $100,000                        7,500,000
 F Excess Liability                                            EX-6W118066-24-NF                     4/1/2024         6/1/2025      Excess Liability                         15,000,000


DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
Certificate Holder is included as an Additional Insured under the General Liability policy, additional insured coverage applies when required by written
contract per the attached form #CG 81 02 08 05.
This insurance is considered Primary and Non-Contributory under the General Liability policy per attached form #CG 20 01 04 13.




CERTIFICATE HOLDER                                                                          CANCELLATION

                                                                                              SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
                                                                                              THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
                 DeKalb County School District - Purchasing Department                        ACCORDANCE WITH THE POLICY PROVISIONS.
                 ATTN: Carla L. Smith
                 1701 Mountain Industrial Boulevard
                 Stone Mountain, GA 30083-1027                                              AUTHORIZED REPRESENTATIVE




ACORD 25 (2016/03)                                                                          © 1988-2015 ACORD CORPORATION. All rights reserved.
                                                   The ACORD name and logo are registered marks of ACORD
                                                                            COMMERCIAL GENERAL LIABILITY
                                                                                           CG 81 02 08 05

     THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

       CONTRACTORS BLANKET ADDITIONAL INSURED
                   ENDORSEMENT
This endorsement modifies insurance provided under the following:

   COMMERCIAL GENERAL LIABILITY COVERAGE PART


A. WHO IS AN INSURED (Section II) is amended to                  4. The insurance provided to the additional
   include as an insured any person or organization                 insured does not apply to:
   (called additional insured) whom you are required                  “Bodily injury”, “property damage”, or
   to add as an additional insured on this policy                     “personal and advertising injury” arising out of
   under a written contract or written agreement; but                 the rendering of, or failure to render, any
   the written contract or written agreement must be:                 professional architectural, engineering or
   1. Currently in effect or becoming effective                       surveying services, including:
      during the term of this policy; and                             a. The preparing, approving, or failure to
   2. Executed prior to the “bodily injury”, “property                   prepare or approve maps, shop drawings,
      damage” or “personal and advertising injury”.                      opinions, reports, surveys, field orders,
B. The insurance provided to the additional insured                      change      orders or drawings and
   is limited as follows:                                                specifications; and
   1. That person or organization is an additional                    b. Supervisory, inspection, architectural or
      insured only with respect to liability for “bodily                 engineering activities.
      injury”, “property damage” or “personal and                5. We have no duty to defend or indemnify an
      advertising injury” caused in whole or in part,               additional insured under this endorsement:
      by:                                                             a. For any liability due to negligence
       a. Your acts or omissions; or                                     attributable to any person or entity other
       b. The acts or omissions of those acting on                       than you or those acting on your behalf in
          your behalf.                                                   the performance of your operations for
                                                                         the additional insured.
       in the performance of your operations for the
       additional insured.                                            b. For any loss which occurs prior to our
                                                                         named insured commencing operations
   2. The Limits of Insurance applicable to the                          at the location of the loss.
      additional insured are those specified in the
      written contract or written agreement or in the                 c. Until we receive written notice of a claim
      Declarations of this policy, whichever is less.                    or “suit” from the additional insured as
      These Limits of Insurance are inclusive of,                        required in the Duties In The Event of
      and not in addition to, the Limits of Insurance                    Occurrence, Offense Claim or Suit
      shown in the Declarations.                                         Condition.
   3. The coverage provided to the additional                C. As respects the coverage provided under this
      insured by this endorsement and paragraph f.              endorsement, the COMMERCIAL GENERAL
      of the definition of “insured contract” under             LIABILITY CONDITIONS (SECTION IV) are
      DEFINITIONS (SECTION V) do not apply to                   amended as follows:
      “bodily injury” or “property damage” arising               1. The following is added to the Duties In The
      out of the “products-completed operations                     Event of Occurrence, Offense, Claim or
      hazard” unless required by the written                        Suit Condition:
      contract or written agreement.                                  An additional insured under this endorsement
                                                                      will as soon as practicable:




                 Includes copyrighted material of Insurance Services Office Inc., with its permission.
CG 81 02 08 05                    Copyright, Insurance Services Office, Inc. 2002                        Page 1 of 2
              (1) Give written notice of an occurrence              2. As respects the coverage provided under this
                  or an offense to us which may result                 endorsement, Paragraph 4.b. of the Other
                  in a claim or “suit” under this                      Insurance Condition is deleted and replaced
                  insurance;                                           by the following:
              (2) Agree to trigger or activate any other                 4. Other Insurance
                  insurance which the additional                             b. Excess Insurance
                  insured has, which is primary, for a
                  loss we cover under this Coverage                              This insurance is excess over any
                  Part by tendering the defense to the                           other insurance naming the additional
                  insurers of all such other insurance.                          insured as an insured whether
                                                                                 primary, excess, contingent or on any
                                                                                 other basis unless the written contract
                                                                                 or agreement described in A. above
                                                                                 specifically   requires     that   this
                                                                                 insurance be provided on either a
                                                                                 primary basis or a primary and
                                                                                 noncontributory basis.




                  Includes copyrighted material of Insurance Services Office Inc., with its permission.
Page 2 of 2                        Copyright, Insurance Services Office, Inc. 2002                        CG 81 02 08 05
                                                                         COMMERCIAL GENERAL LIABILITY
                                                                                        CG 20 01 04 13

     THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

                  PRIMARY AND NONCONTRIBUTORY –
                     OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:

   COMMERCIAL GENERAL LIABILITY COVERAGE PART
   PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART


The following is added to the Other Insurance                   (2) You have agreed in writing in a contract or
Condition and supersedes any provision to the                       agreement that this insurance would be
contrary:                                                           primary and would not seek contribution
       Primary And Noncontributory Insurance                        from any other insurance available to the
       This insurance is primary to and will not seek               additional insured.
       contribution from any other insurance available
       to an additional insured under your policy
       provided that:
      (1) The additional insured is a Named Insured
          under such other insurance; and




CG 20 01 04 13                       © Insurance Services Office, Inc.,2012                        Page 1 of 1