JOHN Q BULLARD - ENDORSEMENT

AID 1778997 · View on Simbli

Agenda Item

i. Service Agreements ~ Independent Contractor Agreements (ICA) ~ Various Services ~ Aspire Construction & Design, Chamblee Fence Co, Clean- A- Blind of Atlanta, Georgia Stage, John Q. Bullard Associates, Premier Grease (Not to exceed $555,999.99)

Summary: Presented by: Mr. Erick Hofstetter, Chief Operating Officer, Division of Operations
Request: It is requested that the DeKalb County School District Board of Education (“the Board”) approve the following Independent Contractor Agreements (ICAs) not-to-exceed $555,999.99.


Aspire Construction and Design ($90,000)
Chamblee Fence Co ($95,000)
Clean A Blind of Atlanta ($95,000)
Georgia Stage ($95,000)
John Q Bullard Associates ($85,000)
Premier Grease ($95,999.99)
Why: This request is to approve the above-listed ICA’s to perform various services to support the Facilities/Maintenance Department through June 2026.

Approval of the Independent Contractor Agreement meets Strategic Goal Area 6: Organizational Excellence
Details: On October 18, 2021, the Board of Education approved the revision of Board Policy DJE (IV) A.2 - Independent Contractor Agreements, to require Board approval for any Independent Contractor Agreements with a total cost of $50,000 or more.

Additionally, per Board Policy -Purchasing DJE III(C)(3) - Competitive Selection of Vendors for Non-Capital Projects - Purchases or contracts totaling $5,000+ shall require at least 2 written quotes and are selected based on objective criteria (performance and execution).

The board policies can be found here:
https://simbli.eboardsolutions.com/Policy/ViewPolicy.aspx?S=4054&revid=IsVaB6Z2x9NPZkwqJm84zQ==&ptid=amIgTZiB9plushNjl6WXhfiOQ==&secid=y1ZW0qRGjEafuplusqEjNeK2Q==&PG=6&IRP=0&isPndg=false
Financial impact: The budget for services is allocated from cost code (100.2600.543000.00011.7520.000.8013.040.0000) under the Operations Division General Fund Budget, not to exceed $555,999.99.
Contact: Mr. Erick Hofstetter, Chief Operating Officer, Division of Operations, 678.676.1447
Mr. Bobby Moncrief, Director of Facilities, Division of Operations, 678-676-1478
Effective: Upon Board Approval, Effective July 1, 2025
Status: Approved by the Office of Legal Affairs
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.




BLANKET ADDITIONAL INSURED BY CONTRACT
This endorsement modifies insurance provided under the following:

BUSINESS LIABILITY COVERAGE FORM

Except as otherwise stated in this endorsement, the terms and conditions of the Policy apply.

A. The following is added to Section C. WHO IS AN INSURED:
   Additional Insureds When Required By Written Contract, Written Agreement Or Permit
   The person(s) or organization(s) identified in Paragraphs a. through f. below are additional insureds when you have
   agreed, in a written contract or written agreement, or when required by a written permit issued by a state or
   governmental agency or subdivision or political subdivision that such person or organization be added as an
   additional insured on your Coverage Part, provided the injury or damage occurs subsequent to the execution of the
   contract or agreement, or the issuance of the permit.
   A person or organization is an additional insured under this provision only for that period of time required by the
   contract, agreement or permit.
   However, no such person or organization is an additional insured under this provision if such person or organization is
   included as an additional insured by any other endorsement issued by us and made a part of this Coverage Part.
   The insurance afforded to such additional insured will not be broader than that which you are required by the contract,
   agreement, or permit to provide for such additional insured.
   The insurance afforded to such additional insured only applies to the extent permitted by law.
   The limits of insurance that apply to additional insureds are described in Section D. LIABILITY AND MEDICAL
   EXPENSES LIMITS OF INSURANCE. How this insurance applies when other insurance is available to an additional
   insured is described in the Other Insurance Condition in Section E. LIABILITY AND MEDICAL EXPENSES
   GENERAL CONDITIONS.
   a. Vendors
        Any person(s) or organization(s) (referred to below as vendor), but only with respect to "bodily injury" or "property
        damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business
        and only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the
        "products-completed operations hazard".
        (1) The insurance afforded to the vendor is subject to the following additional exclusions:
        This insurance does not apply to:
            (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the
                assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages
                that the vendor would have in the absence of the contract or agreement;
            (b) Any express warranty unauthorized by you;
            (c) Any physical or chemical change in the product made intentionally by the vendor;
            (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the
                substitution of parts under instructions from the manufacturer, and then repackaged in the original
                container;
            (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make
                or normally undertakes to make in the usual course of business, in connection with the distribution or sale
                of the products;
            (f) Demonstration, installation, servicing or repair operations, except such operations performed at the
                vendor's premises in connection with the sale of the product;
            (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container,
                part or ingredient of any other thing or substance by or for the vendor; or

Form SL 30 32 06 21                                                                                             Page 1 of 3
                                                 © 2021, The Hartford
                 (May include copyrighted material of Insurance Services Office, Inc., with its permission)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.




          (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or
               omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not
               apply to:
               (i) The exceptions contained in Paragraphs (d) or (f); or
               (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally
                    undertakes to make in the usual course of business, in connection with the distribution or sale of the
                    products.
      (2) This insurance does not apply to any insured person or organization from whom you have acquired such
          products, or any ingredient, part or container, entering into, accompanying or containing such products.
   b. Lessors Of Equipment
      (1) Any person or organization from whom you lease equipment; but only with respect to their liability for "bodily
          injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your
          maintenance, operation or use of equipment leased to you by such person or organization.
      (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to any
          "occurrence" which takes place after you cease to lease that equipment.
   c. Lessors Of Land Or Premises
      (1) Any person or organization from whom you lease land or premises, but only with respect to liability arising out
          of the ownership, maintenance or use of that part of the land or premises leased to you.
      (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to:
          (a) Any "occurrence" which takes place after you cease to lease that land or be a tenant in that premises; or
          (b) Structural alterations, new construction or demolition operations performed by or on behalf of such person
               or organization.
   d. Architects, Engineers Or Surveyors
      (1) Any architect, engineer, or surveyor, but only with respect to liability for "bodily injury", "property damage" or
          "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or
          omissions of those acting on your behalf:
          (a) In connection with your premises;
          (b) In the performance of your ongoing operations performed by you or on your behalf; or
          (c) In connection with "your work" and included within the "products-completed operations hazard", but only
               if:
               (i) The written contract, written agreement or permit requires you to provide such coverage to such
                    additional insured; and
               (ii) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the
                    "products-completed operations hazard".
      (2) With respect to the insurance afforded to these additional insureds, the following additional exclusion applies:
               This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury"
               arising out of the rendering of or the failure to render any professional services, including:
               (i) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports,
                    surveys, field orders, change orders, designs or drawings and specifications; or
               (ii) Supervisory, surveying, inspection, architectural or engineering activities.
               This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring,
               employment, training or monitoring of others by an insured, if the “bodily injury”, “property damage”, or
               “personal and advertising injury” arises out of the rendering of or the failure to render any professional
               service.




Form SL 30 32 06 21                                                                                            Page 2 of 3
                                                © 2021, The Hartford
                (May include copyrighted material of Insurance Services Office, Inc., with its permission)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.




   e. State Or Governmental Agency Or Subdivision Or Political Subdivision Issuing Permit
      (1) Any state or governmental agency or subdivision or political subdivision, but only with respect to operations
          performed by you or on your behalf for which the state or governmental agency or subdivision or political
          subdivision has issued a permit.
      (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to:
          (a) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed
               for the federal government, state or municipality; or
          (b) "Bodily injury" or "property damage" included within the "products-completed operations hazard".
   f. Any Other Party
      (1) Any other person or organization who is not in one of the categories or classes listed above in Paragraphs a.
          through e. above, but only with respect to liability for "bodily injury", "property damage" or "personal and
          advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those
          acting on your behalf:
          (a) In the performance of your ongoing operations performed by you or on your behalf;
          (b) In connection with your premises owned by or rented to you; or
          (c) In connection with "your work" and included within the "products-completed operations hazard", but only
               if:
          (i) The written contract, written agreement or permit requires you to provide such coverage to such
               additional insured; and
          (ii) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the
               "products-completed operations hazard".
      (2) With respect to the insurance afforded to these additional insureds, the following additional exclusion applies:
          This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising
          out of the rendering of, or the failure to render, any professional architectural, engineering or surveying
          services, including:
          (a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports,
               surveys, field orders, change orders, designs or drawings and specifications; or
          (b) Supervisory, surveying, inspection, architectural or engineering activities.
          This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring,
          employment, training or monitoring of others by an insured, if the “bodily injury”, “property damage”, or
          “personal and advertising injury” arises out of the rendering of or the failure to render any professional service
          described in Paragraphs f.(2)(a) or f.(2)(b) above.




Form SL 30 32 06 21                                                                                             Page 3 of 3
                                                © 2021, The Hartford
                (May include copyrighted material of Insurance Services Office, Inc., with its permission)