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HomeMy WebLinkAboutAPPLEONE, INC. (2) A-2023-122-OI A MAYOR 0"1 1 OJ ���� . CITY MANAGER Valerie Amezcua rr < Alvaro Nuriez MAYOR PRO TEM L CITY ATTORNEY David PenalozaQY 2 6 2026 Sonia R.Carvalho COUNCILMEMBERS CITY CLERK Phil Bacerra ,, Jennifer L.Hall Johnathan Ryan Hernandez Jessie Lopez Thai Viet Phan Benjamin Vazquez CITY OF SANTA ANA -Tv kio, (1)7-) HUMAN RESOURCES 20 Civic Center Plaza I PO Box 1988 Santa Ana,California 92702 www.santa-ana.org May 11, 2026 AppleOne, Inc., dba AppleOne Employment Services Attn: Brett W. Howroyd, President 327 West Broadway Glendale, California 91204 Re: Extension of Agreement No. A-2023-122-01 to provide on-call temporary staffing services Pursuant to Section 3 ("Term") of the above-referenced Agreement, entered into by AppleOne, Inc., dba AppleOne Employment Services and the City of Santa Ana, which commenced on July 1, 2023, the parties hereby exercise their option to extend the term of the Agreement for an additional one (1) year through June 30, 2027. Any insurance certificates are required to be extended and/or renewed to cover this extension. All other terms and conditions of the Agreement remain unchanged and in full force and effect. Sincerely, � on Schnaider Executive Director of Human Resources CIT F SANTA AN ATTEST I MCI- Alvaro Nunez nJ a1 City Manager City Cle APP ROVED AS TO FORM C LTANT �, . �9�r1r1-L1- "mi,W. foww ad Brett W.Hovrtayd jMay i3,2026 6T.51:53 PDT) Laura Rossini By: Brett W. Howroyd Chief Assistant City Attorney President SANTA ANA CITY COUNCIL Valerie Amezcua Davd Penaloza Thai Viet Phan Benjamin Vazquez Jessie Lopez Phil Bacerra Johnathan Ryan Hemandez Mayor Mayor Pro Tem-Ward 5 Ward 1 Ward 2 Ward 3 Ward 4 Ward 5 vamezcuaCdlSanta-ana_org dpenalozaasanta-ana.or�, iphan(dtsanta-ana,ora bvazpuazCr�sanla-ana ara iassielooaz(oZsania-ana ord pbacemaCoTsania-ana,oro iruanhemandenAsanta-ana.oro r. HOWRGEN-01 D4 CERTIFICATE OF LIABILITY INSURANCE DATE(N=D,YYYY) 4r9r2o26 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($),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the polloy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on This certificate does not confer rights to the oertlflcate holder In llau of such endorsements. PRODUCER RA P`CT MG Skinner&Associates PHONe 1666 20th$t Sate 200 C No,Ex : S10 478-5041 Arc,No:(310 479-8707 Santa Monica,CA B0404-3827 INSURER(81 AFFORDING COVERAGE NAIC0 INSURER A:Underwriters at I-lo ds London 16792 INSURED INSURER B:Columbia Casualty Gomisa 31727 I ApploOne,Inc.dba AppleOne Employment Services wsuRSR n:Ace American Ins Co 22667 fka:Howrpyd Wright Employment Agency,Inc. P.O.Box 29048 INSURERD:AXLR Surplus Ins Co 26620 Glendale,CA 91209.9048 INBURRRE: INSURER F E COVERAGES CERTIFICATE NUMBER: REVISION UMBER: 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 CONTRACTOR OTHER DOCUMENT WITH RESPEGTTOWHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 1 EXCWSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. r INSR ADDL UBR LTR TYPE OF INSURANCE IN sly POLICYNUNBER i'OLIpY FOP POLICY AJ(P LIMITS. I A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 5,000,00p I CLAIMS-MADF [:�]OCCUR X X P500040761674 41112026 4/1/2027 1p cSETORm'T�Ir1nce $ 260,000 X Contractual ED E)CP(Any one anon 5,000 PM&ONAL&AIJV INJURY $ 5,000,000 GEN'L AGGREGATE LIMITAPPLIESPIER- GENERAL AGGREGATE $ 5,000,000 I X POLICY[j ®LOG PRODUCTS-COMPIOP AOG 51000,000 OTHER: E gUTDMOBILE LIABILITY COMBI D SINGLE LIMIT 1,000,000 f X ANY AUTO P$00040761674 41112026 4MI2027 BDD L U Y arson $ X OWNED, AUTOSSCHEDULED UTO ONLY DGE)ILYIINJJUR €aWdon[ PaawldNO%ONLY X AUT%Xp ,AMADE $ IS X UMBRELLALWB X OCCUR EACH OCCURRENCE $ 10,000,000 >; PSLS LIAR I I CLAIMS-MADE 843739591 4/112026 41112027 AGGREGATE $ 10,000,000 DED TX I RETENTION 0 I C WORKERRSS COMPENSATffON X PER OTH- ANC EMFLC3YER5'LIABII.lTY YIN STATUTE ANYPROPRRTOR1PARTNERIEXECUTIVE WLRG72607960 4111202ti 41112027 E.LEACHACGIDENT 1,000,000 OFFfCE�i7NiF�ME3F..R EXCLUDED? N/A 1,000,000 ` ( auda ory n[�aHH77 Ifyyea dasarlhe UndOr E.L DISEASE-EA EMPLOY ❑E RIPTiONOF,OPERATIONSbelow E,L.DWASE-POLICYL T 1,000,000 D Crime(3rd Party) P-001-001926357.01 41112026 411/2027 OccurroncelAggregate 3,000,000 A Prof,Llab1E&O PS00040781674 4/1/2026 41112027 Occurrence/Aggregate 5,000,000 DESORIPTION OF OPERATIONS!LOCATIONS 1 VEHICLES(ACORD 101,Addltfonal Remark-Schedule,may be attached If more space Is required) ,lob ID 009500724003 Re:City of Santa Ana Agreement No.A 20118440.The City of Santa Ana,oftk mrs,agents,employees and volunteers are named additional Insured on this policy pursuant to writlen contract,agreement,or memorandum of understanding. Primary and Non•Contributory coverage will apply.Waiver of Subrogation Is covered under Generat Liability for olorical positions only. Notice of Cancellation under applicable policies:30 days110 days for non-payment of premium. APPROVED CIE RT F CATE HOLDER CANCELLATION By Tu Tran Nguyen at 2:49,orri; pr30 2026 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana ACCORDANCE WITH TIME POLICY PROVISIONS. Attn:Jay Jenkins 20 Civic Center Plaza Santa An a,CA 927014010 AUTHORIZED REPRESENTATIVE ACORD 25(201610S) a 1989.2015 ACORD CORPORATION. All rights reserved, The ACORD name and logo are registered marks of ACORD I s AGENCY CUSTOMER ID:HOWRGEN-01 I]OFt71z r^''^ LOC#: AC4�>RV` ,.,,..� ADDITIONAL REMARKS SCHEDULE Page 9 of 1 AGENCY NAMED INSURED I MG Skinner&Associates ApploOne,Inc,dba AppleOne Employment Services fke:How 20 d Wright Employment Agency,Inc. POLIEE P NU E R Glend�Ile CA 01209.9048 SEA PACE 1 CARRIER NAIL CODE EE PAGE 1 IME P ATE: PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM 18 A SCHEDULE TO ACORD FORM, E FORM NUMBER: ACQRD 25 FORM TITLE: CertMaete of L10111t insurance Cyber Liability Insurance Carrier.,Travelers Excess and Surplus Lines CompanylLandmark American Insurance Company-Policy Number: CYS-107947188-02-Policy Period:411126-411127-Policy Limit:$10M. I i 1 t i i f ACORD 101 (2008101) 0 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ,t Insurer: Underwriters at Lloyd's London Policy Number: PS00040761674 Policy Period: 4/1/2026-4/1/2027 Additional.insureds Policy Language We will indemnify any third party as an additional insured under this Policy, but only in respect of sums which they become legally obliged to pay(includ ing liability for claimants' costs and expenses)as a result of a claim arising solely out of an act committed by you, provided that: a.you contracted in writing to indemnify the third party for the claim prior to its first being made against them; and b. had the claim been made against you, then you would be entitled to indemnity under this Policy. Before we indemnify any additional insured they must: a. prove to us that the claim arose solely out of an act committed by you;and b.fully comply with CONDITION 9 as if they were you. Where we indemnify a third party as an additional insured under this Policy,this Policy will be primary and non-contributory to the third party's own insurance, but only if you and the third party have entered into a contract that contains a provision requiring this. Where a third party is treated as an additional insured as a result of this Condition, any claim made by that third party against you will be treated by us as if they were a third party and not as an insured. Insurer: Underwriters at Lloyd's London Policy Number: PS00040761674 Policy Period:4/1/2026-4/1/2027 -Waiver c#-$ubLQgaiiQtt._ec,ticy language Notwithstanding CONDITION 18,we agree to waive our rights of recovery against any third party if, prior to the claim or incident which you reasonably expected to give rise to a claim,you entered into a contract that contains a provision requiring you to do this. Policy Number: PS00040761674 COMMERCIAL GENERAL LIABILITY CG 20 26 0413 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 HART ,Name Of Additional Insurer!Person(s)Or Organization(s): An organization where required by a written contract executed prior to the occurrence of a loss. Such Any or perm or organization is an additional Insured for'bodily injury',"property damage"or'personal and advertising injury"but only for liability arising out of the negligence of the Named insured. 1 .Infgm2aboq r ralaired to giprll to this Schedule,if not,shown above,will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. VAth respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the foQawing is added to organization(s) shown in the Schedule, but only Section ill—Urnits 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. In the performance of your ongoing operations; 1. Required by the contract or agreement;or or 2. Available under the applicable Limits of 2. In connection with your premises owned by or Insurance shown in the Declarations; rented to you. whichever Is less. However_ This endorsement shall not increase the 1. The insurance afforded to earth additional applicable Limits of insurance shown in the Declarations. 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 0413 0 insurance Services Of oe, Inc.,2012 Page i of 1 Policy Number: PS00040761674 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER, OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies Insurance provided underthe following: COMMERCIAL GEN FRAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person or organization who you are required to add by written contract which is executed prior to the occurrence of a loss to waive your rights of recovery, except for a loss resulting from the sole negligence from that person or organization. Information reouired 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 we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above, CG 24 04 06 09 0 Insurance Services Office, Inc.,2008 Page'I of 1 Policy Number: PS00040761674 COMMERCIALAUTO I CA04440310 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ R CAREFULLY, WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) 'This endorsement modifies insurance provided under the following; BUSINESS AUTO COVERAGE FORM BUSINESSAUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORK] MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM r Xfth respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless rnodr ,Fled by the endorsement iThfs endorsement changes the policy of active,on the Inception elate of the policy unless another date Is indicated below. ----------._..............._--.-.__ �.-.. —._ ....... -— -- �INamad Insured; The Ott 1 Group, Inc ApplleQae,Inc AIIStem Gonnections Inc.,All's Well,lnc,AllsourcePPS,ATIMS.,ActOne Govemrnent Solutions SCHEDULE Name($)Of Persan(s)Or OrganlzaVon(s): 'Any person or organization who you are required to add by written contract which is executed prior to the I occurrence of a loss to walvta your tights of recovery,except for a loss resulting from the We negligence from that person or organization. I_r Venation required to completo this Schedule if not shown above will toe shown in the Declarations. The Transfer Of Rlghts Of Reaavery Against Oth- ers To ifs Condition does not apply to the person(s) or organization(s)shown in the Schedule, but only to the extent that subrogation is waived prior to the "ac- csdent"or the"loss"under a contract With that person or o r9i?,&n. CA 04"4310 0 Insurance Services Ofte,Inc.,2009 Page 9 of 1 Workers'Compensation and Employers'Liability_ Policy Named Insured Endorsement Number l I APPLEONE,INC. A.O.BOX 29048 Policy Number -- .T- GLENDALE CA 91209 Symbol: WLR Number-C72807960 Policy Feriod Effective Date of Endorsement 04-01-2026 TO 04-01-2027 04-01-2026 Issued By(Name of Insurance Company) ACE AMERICAN INSURANCE COMPANY Insert the policy number.Themainder of the Information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. This endorsemerd changes the policy to which it is attached and%effective on the date Issued unless otherwise stated. CALIFORNIA WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because California is shown in Item &A, of the Information Page. 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, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule, where you are required by a written contract to obtain this waiver from us. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization: ( X ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to famish this waiver. 2. Operations: ALL OPERATIONS CONDUCTED BY AN INSURED PURSUANT TO SUCH WRITTEN CONTRACT 3. Premium: The premium charge for this endorsement shall be 1.0 percent of the California premium developed on payroll in connection with work performed for the above person(s)or organization(s)arising out of the operations described. 4. Minimum Premium: $0 Authorized Representative WC 90 03 75(D5118) — Policy Number: PS00040761674 Primary and Nan-Contributory policy language - Page 6 PI-GLD-TS(11/15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY DELUXE ENDORSEMENT: TEMPORARY STAFFING This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed that the following extensions only apply in the event that no other specific coverage for the indicated loss exposure Is provided under this policy. IF such specific coverage applies, the terms, conditions and limits of that coverage are the sole and exclusive coverage applicable under this policy, unless otherwise noted on this endorsement. The following is a summary of the Limits of Insurance and additional coverage provided by this endorsement. For complete details on specific coverages,consult the policy contract wording. Coverage Applicable Limit of Insurance Page Damage to Premises Rented to You - - - �$1,000,000 2 Expected or Intended Injury—Property Damage Included 2 Limited Rental Lease Agreement Contractual Liability $50,000 �T 2 Non-Owned Watercraft ; Less than 58 feet _ 3 Damage to Property You Own,Rent or Occupy I $30,000 3 1 Medical Payments $20,000 3 Medical Payments Reporting Period 3 Years 3 Athletic Activities �_— Amended 3 Supplementary Payments—Bail Bonds $2,500 4 _ ......._... .. T Supplementary Payments—Loss of Earnings $500 per day 4 Employee Indemnification Defense Coverage $25,000 4 ?V11ho Is An Insured �.� �.�-...w..u.�._�.....�A......_- - ---^Included Additional Insured—Newly Acquired or Formed Organization Additional Insured—Broadened Named Insured Additional Insured—Blanket Additional Insureds When required by Contract i Duties in the Event of Occurrence, Offense,Claim or Suit Included Transfer of Rights of Recovery Against Others To Us Clarification 5 Liberalization Included 5 Unintentional Failure to Disclose Hazards s Included 5 Bodily Injury—Includes Mental Anguish Included 5 3 Personal and Advertising injury—Includes Abuse of Process, Included 6 Discrimination _ ---_------- ! _r plher Insurance—Primary Clarifcatian _ ��`�® -Clarification I PI-GLD-TS(11/15) Page 1 of 8 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. PI-GLD-TS(I I/15) Staffing g Services Exduslons Clarification Staffing Services Definitions Clariflcation 8 ^ ,.� A. Damage to Premises Rented to You If damage by fire to premises rented to you is not otherwise excluded from this Coverage Part: 3. The Damage To Premises Rented To You Limit section of the Declarations is amended to the greater of: a. $1,000,000;or b. The amount shown in the Declarations as the Damage to Premises Rented to You Limit. This is the most we will pay for all damage proximately caused by the same event,whether such damage results from fire,lightning, explosion,smoke,or leaks from automatic fire protective systems or any combination thereof; 2. The word fire is changed to fire,lightning,explosion,smoke,or leakage from automatic fire protective systems where it appears in: a. The last paragraph of SECTION I—COVERAGES,COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY,Subsection 2.Exclusions; b. SECTION Ili—LIMITS OF INSURANCE, Paragraph 6.;and c. SECTION V—DEFINITIONS, Paragraph 9.a.; and 3. The words fire insurance are changed to insurance for fire, lightning,explosion, smoke,or leakage from automatic fire protective systems where it appears in SECTION IV— COMMERCIAL GENERAL LIABILITY CONDITIONS,Subsection 4.Other Insurance, Paragraph b.Excess Insurance, B. .Expected or Intended Injury—Property Damage SECTION 1—COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY,2. Exclusions, Paragraph a. Expected Or Intended Injury is deleted in its entirety and replaced by the following: a_ Expected Or Intended Injury "Bodily injury"or'property damage"expected or intended from the standpoint of the insured. This exclusion does not apply to"bodily injury"or"property damage"resulting from the use of reasonable force to protect persons or property. C. Limited Rental Lease Agreement Contractual Liability SECTION I—COVERAGES,COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY,2.Exclusions, Paragraph b.Contractual Liability is amended by adding the following: Based on the named Insured's request at the time of claim,we agree to indemnify the named insured for their liability assumed in a contract or agreement regarding the rental or lease of a premises on behalf of their client,up to$50,000. PI-GLQ-TS(11115) Page 2 of 8 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. PI-GLD-TS(11116) This coverage extension only applies to rental lease agreements and is excess over any renter's liability insurance of the client. D. Non-Owned Watercraft SECTION I—COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY,2. Exclusions,g.Aircraft,Auto Or Watercraft,Paragraph(2)is amended to read as follows: (2) A watercraft you do not own that is: (a) Less than 58 feet long;and (b) Not being used to carry persons or property for a charge; This provision applies to any person, who with your consent,either uses or is responsible for the use of a watercraft. This insurance is excess over any other valid and collectible insurance available to the insured whether primary,excess or contingent. E. Damage to Property You Own, Rent or Occupy SECTION I--COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY,2.Exclusions,j. Damage To Property,Paragraph(1)is deleted in its entirety and replaced with the following: (1) Property you own,rent or occupy,including any costs or expenses Incurred by you,or any other person, organization or entity,for repair,replacement,enhancement, restoration or maintenance of such property for any reason,including prevention of injury to a person or damage to another's property, unless the damage to property is caused by your client,up to a$30,000 limit. A client Is defined as a person under your direct care and supervision. F. Medical Payments 1. If COVERAGE C MEDICAL PAYMENTS is not otherwise excluded from this Coverage Part the Medical Expense Limit is changed subject to all of the terms of SECTION 111—LIMITS OF INSURANCE to the greater of: a. $20,000;or b. The Medical Expense limit shown in the Declarations of this Coverage Part. 2. Under SECTION I—COVERAGES,COVERAGE C MEDICAL PAYMENTS,Subsection I. Insuring Agreement,Paragraph a., Item(b)is amended to read: (b) The expenses are incurred and reported to us within three years of the date of the accident,and G. Athletic Activities SECTION I—COVERAGES,COVERAGE C MEDICAL PAYMENTS,2.Exclusions,Paragraph e. Athletics Activities is deleted in its entirety and replaced with the following: PI-GLD-TS(11115) Page 3 of 8 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. PI-GLD-TS(11115) e. Athletics Activities To a person injured while taking part in athletics. H. Supplementary Payments SECTION I—COVERAGES,SUPPLEMENTARY PAYMENTS—COVERAGES A AND B, items 1.b. and 1,d.are amended as Follows: b. The limit for the cost of bail bonds is changed from$250 to$2,500,and d. The limit for loss of earnings is changed from $250 a day to$500 a day. 1. Employee Indemnification Defense Coverage SECTION I—COVERAGES,SUPPLEMENTARY PAYMENTS—COVERAGES A AND B is amended to include the following: We will pay, on your behalf,defense costs incurred by an"employee"in a criminal proceeding. The most we will pay For any"employee" who is directly involved in a criminal proceeding is$25,00 regardless of the numbers of"employees,"claims or'suits"brought or persons or organizations making claims or bringing'suits." J. Who is An Insured SECTION II—WHO IS AN INSURED is amended as follows: 1. Newly Acquired or Formed Organization If coverage for newly acquired or formed organizations is not otherwise excluded from this Coverage Part, Paragraph 3.a.Is amended to read: a. Coverage under this provision is afforded until the end of the policy period; 2. Each of the following Is also an insured: a. Broadened Named Insured—Any organization and subsidiary thereof which you control and actively manage on the effective date of this Coverage Part. However,coverage does not apply to any organization or subsidiary not named in the Declarations as Named Insured, if they are also insured under another similar policy, but far its termination or the exhaustion of its limits of insurance. b. Blanket Additional Insureds When Requires!by Contract—Any person or organization where required by a written contract executed prior to the occurrence of a loss. Such person or organization is an additional insured for"bodily injury,""property damage"or"personal and advertising injury"but only for liability arising out of the negligence of the named insured,The limits of insurance applicable to these additional insureds are the lesser of the policy limits or those limits specified in a contract or agreement. These limits are included within and not in addition to the limits of insurance shown in the Declarations. The Additional Insured's limits of insurance do not increase our limits of insurance,as described in SECTION III—LIMITS OF INSURANCE_ PI.GLD-TS(11/15) Page 4 of a Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Pi-GLD-TS(11115) c. Interns—Your Interns only while performing duties related to the conduct of your business. d. Contractors—Any individual or organization under written contractor written agreement with you who provides"staffing services"on your behalf and at your direction for your clients. K, Duties in the Event of Occurrence,Offense,Ciairn or Suit 1. SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS,2.a.the requirement that you must see to it that we are notified as soon as practicable of an"occurrence"or an offense, applies only when th6"occurrence"or offense is known to: a. You, if you are an individual; b. A partner,F you area partnership; or c. An "executive officer"or insurance manager, if you are a corporation. 2. SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS,2.b,the requirement that you must see to it that we receive notice of a claim or"suit"as soon as practicable will not be considered breached unless the breach occurs after such claim or"suit° is known to: a. You,if you are an individual; b. A partner,if you are a partnership; or c. An"executive officer"or insurance manager, if you are a corporation. L. Transfer of Rights of Recovery Against Others To Us SECTION IV--COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 8.Transfer Of Rights Of Recovery Against Others To Us includes the following clarification- Therefore,the insured can waive the insurer's rights of recovery prior to the occurrence of a loss, provided the waiver is made in a written contract. M. Liberalization SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS is amended to include the following additional condition; Liberalization If we revise this endorsement to provide more coverage without additional premium charge,we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state. N. Unintentional Failure To Disclose Hazards SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS is amended to include the following additional condition; Unintentional Failure To Disclose Hazards It is agreed that,based on our reliance on your representations as to existing hazards,if you should unintentionally fail to disclose all such Hazards prior to the beginning of the policy period PI-GLD-TS(11l15) Page 5 of 8 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. PI-GLD-TS(11/15) of this Coverage Part,we shall not deny coverage under this Coverage Part because of such failure. O. Bodily Injury—Mental Anguish SECTION V—DEFINITIONS, Paragraph 3. is amended to read: "Bodily injury': a. Means bodily injury,sickness or disease sustained by a person,and includes mental anguish resulting from any of these; and b. Except for mental anguish, includes death resulting from the foregoing(Item a.above)at any time. P. Personal and Advertising Injury—Abuse of Process,Discrimination If COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY COVERAGE is not otherwise excluded from this Coverage Part,the definition of"personal and advertising injury"is amended as follows: 1. SECTION V—DEFINITIONS,Paragraph 14., Item b.is revised to read: b. Malicious prosecution or abuse of process; 2. SECTION V—DEFINITIONS, Paragraph 14. is amended to include the following: `Personal and advertising injury"also means discrimination based on race, color, religion,sex, age or national origin, except when: a. Done intentionally by or at the direction of,or with the knowledge or consent of: (1) Any insured; or (2) Any executive officer,director,stockholder, partner or member of the insured;or b. Directly or indirectly related to the employment,former or prospective employment, termination of employment, or application for employment of any person or persons by an insured;or c. Directly or indirectly related to the sale, rental, lease or sublease or prospective sale,rental, lease or sub-lease of any room,dwelling or premises by or at the direction of any insured; or d. Insurance for such discrimination is prohibited by or held in violation of law,public policy, legislation,court decision or administrative ruling. The above does not apply to fines or penalties imposed because of discrimination. Q. Section IV—Commercial General Liability Conditions is amended by the addition of the following: The following language is added to Item 4.Other Insurance: Insurance under this endorsement is primary to and non-contributory with any other insurance maintained by the person or organization(Additional Insured),except for loss resulting from the sole negligence of that person or organization. PI-GLD-TS(11/15) Page 5 of 8 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. PI-GILD-TS(11l15) This condition applies even if other valid and collectible insurance is available to the Additional Insured for a loss or'occurrence'we cover for this Additional Insured. R. Staffing Services Exclusions The following exclusions are added to SECTION I—COVERAGES,COVERAGE A BODILY INJURY AND PROPERTY DAMAGE: Actions Or Activities Of PEO Worker "Bodily injury"or"property damage"arising from the actions or activities of any"PEO worker". Professional Services Exclusion "Bodily Injury"or"property damage"due to the rendering of or failure to render any professional service.This exclusion does not apply to your liability for"bodily injury"or"property damage"arising out of your"employee's"providing or failing to provide professional health care services to another of your"employees",but no"employee"is an insured for his or her providing or failure to provide such professional health care services. Wrongful Acts "Bodily injury"or"property damage"arising from a wrongful act in the rendering or failure to render services to or for your client. For the purposes of this exclusion,wrongful act shall mean any actual or alleged act,error,or omission, misstatement, or misleading statement in the course of providing"staffing services"to your clients by you or by any person for whose acts you are legally responsible. SECTION I—COVERAGES,COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY COVERAGE is amended as follows: 1. Exclusion k.does not apply. 2. Exclusions a., b.,e.,f.,g.,h., t., L,and p.do not apply to any insured who did not personally acquiesce in or remain passive after having personal knowledge of such conduct. Our obligation to pay shall begin once the full extent of the assets of the responsible insured has been exhausted and once the Deductible as shown in the Declarations of the policy has been satisfied_ 3. The following exclusions are added to Paragraph 2.Exclusions; Actions Or Activities Of PEO Worker "Personal and advertising injury'arising from the actions or activities of any"PEO worker- Professional Services Services Exclusion "Personal and advertising injury"due to the rendering of or failure to render any professional service. Wrongful Acts "Personal and advertising injury"arising from a wrongful act in the rendering or failure to render services to or for your client. PI-GLD-TS(11115) Page 7 of 8 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. PI-GLD-TS(I Ill 5) For the purposes of this exclusion,wrongful act shall mean any actual or alleged act,error,or omission, misstatement,or misleading statement in the course of providing"staffing services'to your clients by you or by any person for whose acts you are legally responsible- S. Staffing Services Definitions 1. SECTION V—DEFINITIONS, Paragraph S.is revised to read: "Employee"includes but is not limited to a"leased worker"and a"staffing service employee". "Employee"does not include a"temporary worker'or a`PEO worker". 2. The following definitions are added to SECTION V—DEFINITIONS; a. "PEO service"means staffing related services as a Professional Employer Organization (PEO)you provide to your clients and to"PEO workers" in connection with employment of such workers. b. 'PEO worker"means a person you lease to your client under a written"PEO service" agreement or contract. c. "Staffing Services'means services provided by a staffing company to their clients including but not limited to: (1) Fulfillment of any of the administrative functions which would otherwise be normally fulfilled by an employer's human resource function; (2) Staffing related administrative services provided by an Administrative Services Organization(ASO); (3) "PEO service"; (4) Staffing related services provided to your clients for the recruitment,selection and placement of a person for employment with a client. (5) Temporary, contingent or contract placement services; (6) Vendor Management Service(VMS),means the facilitation, purchase and management of"staffing services"for clients including the placement and fulfillment of orders for "staffing service employees"; (7) Services performed on behalf of your client by a"staffing service employee"who is not a direct hire or permanent placement; (8) Services performed for a client company to supply that client company with a"staffing service employee". d. "Staffing service employee" means a person who is furnished by you to your client to perform the duties to which you have agreed. PI-GLD-TS(Ill15) Page 8 of 8 Includes copyrighted material of Insurance Services Office,Inc.,with its permission.