BID 24-28 Liability Insurance dated 11-27-2024

AID 1779053 · View on Simbli

Agenda Item

v. Contract Renewal ~ ITB 24-28 School Nutrition Fluid Milk ~ New Dairy of Kentucky, LLC (d/b/a Borden Dairy), Renewal # 1 of 4 (Not to exceed $5,444,315 for SY 25-26)

Summary: Presented by: Mr. Erick Hofstetter, Chief Operating Officer, Division of Operations
Request: It is requested that the DeKalb County Board of Education (“the Board”) approve the contract renewal of ITB 24-28 School Nutrition Fluid Milk to New Dairy of Kentucky, LLC (d/b/a Borden Dairy), in an amount not to exceed $5,444,315 for SY 25-26.
Why: This request for contract renewal to New Dairy of Kentucky, LLC (d/b/a Borden Dairy) for the purchase of milk products ensures that DeKalb County School District (DCSD) School Nutrition Services (SNS) provides healthy reimbursable meals to students that meet the Child Nutrition, USDA standards for meal pattern requirements.

This is the first of four (#1 of 4), one (1) year renewal options, effective July 1, 2025, through June 30, 2026.

The approval of this contract renewal meets Strategic Goal Area 1: Student Academic Success with Equity and Access
Details: On June 10, 2024, the Board approved the award of ITB 24-28 to New Dairy of Kentucky, LLC (d/b/a Borden Dairy), in the amount not to exceed $4,949,377.

Due to the excellent level of service provided by New Dairy of Kentucky, LLC (d/b/a Borden Dairy), School Nutrition Services (SNS) requests contract renewal of ITB 24-28 for an additional year with the same terms, conditions and pricing as the original term contract, effective July 1, 2025, through June 30, 2026.

This is the first of four (#1 of 4) contract renewals available under this contract.

Fluid Milk provided by New Dairy of Kentucky, LLC (d/b/a Borden Dairy), is delivered by the vendor to the schools.

New Dairy of Kentucky, LLC (d/b/a Borden Dairy) is located at: 221 W Hwy 80, London, KY 40741
Financial impact: Funds will be paid from GL account 622.3100.563000.00062.8200.9990.8015.040.0000 in the amount not to exceed $5,444,315.

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) 676-1470
Dr. Connie R. Walker, Executive Director of School Nutrition Services, Division of Operations, (678) 676-1780
Effective: Upon Board Approval
Status: Approved by the Office of Legal Affairs
                                                                                                                                                                  DATE (MM/DD/YYYY)
                                              CERTIFICATE OF LIABILITY INSURANCE                                                             12/1/2025               11/27/2024
  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, LLC                                                         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:                16875918                                         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            N      N    XSLG48925261                         12/1/2024      12/1/2025     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-
       X   POLICY     JECT          LOC                                                                                           PRODUCTS - COMP/OP AGG         $ 6,000,000

            OTHER:                                                                                                                                               $
                                                                                                                                  COMBINED SINGLE LIMIT
 A     AUTOMOBILE LIABILITY                         N      N    ISA H11349249                        12/1/2024      12/1/2025     (Ea accident)                  $
                                                                                                                                                                 5,000,000
 B          ANY AUTO
                                                                GVE100259805                         12/1/2024      12/1/2025
       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                           N      N    CUP-1W946553-24-NF                   12/1/2024      12/1/2025                                  $ 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                                                         N    WLR C72605196                        12/1/2024      12/1/2025     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)




CERTIFICATE HOLDER                                                                          CANCELLATION              See Attachments
                                                                                              SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
                                                                                              THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
        16875918                                                                              ACCORDANCE WITH THE POLICY PROVISIONS.
        DeKalb County School District
        Attn: Purchasing Department                                                         AUTHORIZED REPRESENTATIVE
        1701 Mountain Industrial Boulevard
        Stone Mountain GA 30083-1027

                                                                                                © 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: 16875918




         Additional Workers Compensation Policies




         State: Ohio
         EL Limits: $1M Each Accident / $1M Each Employee / $1M Policy Limit
         Policy # WCU C7260527
         Carrier: Ace American Insurance Company
         Effective: 12/1/2024 – 12/1/2025


         State: Louisiana
         EL Limits: $1M Each Accident / $1M Each Employee / $1M Policy Limit
         Policy # 24-40010000
         Carrier: Louisiana Restaurant Association Self Insurer’s Fund
         Effective: 7/20/24 – 7/20/25


         State: Wisconsin
         EL Limits:
         $1M Each Accident / $1M Each Employee / $1M Policy Limit
         Policy #: SCF C72605238
         Carrier: ACE Fire Underwriters Insurance Company
         Effective: 12/1/2024 - 12/1/2025
Attachment Code: D579625 Master ID: 1480284, Certificate ID: 16875918


                                               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