Agenda Item
d. Renewal (3 of 4) for Temporary Staffing Services (RFQ 22-534) to 22nd Century Technologies, Inc., Abacus Corporation, COGENT Infotech Corporation, Corporate Temps, Inc., Howroyd-Wright Employment Agencies, Inc. dba AppleOne Employment Services, Robert Half, Tryfacta, Inc., US Tech Solutions, Inc. (Not to exceed $750,000)
Summary: Presented by: Mr. Byron Schueneman, Chief Financial Officer, Division of Finance
Request: It is requested that the Board of Education approve the renewal of RFQ 22-534 to 22nd Century Technologies, Inc., Abacus Corporation, COGENT Infotech Corporation, Corporate Temps, Inc., Howroyd-Wright Employment Agencies, Inc. dba AppleOne Employment Services, Robert Half, Tryfacta, Inc., US Tech Solutions, Inc. to provide temporary staffing services on an as-needed basis for the DCSD Finance Department for a period of one year effective from December 17, 2024 through December 16, 2025 for an amount not to exceed $750,000.
This is the third renewal option of four.
Why: This service was solicited via a RFQ to provide the district with a candidate pool of temporary staffing service agencies on an as-needed basis for positions that include but are not limited to accounting professionals, payroll professionals, risk management professionals and contract management.
Details: RFQ 22-534 was competitively solicited through the Purchasing Department. It was posted to IonWave on July 27, 2021. Electronic notification was sent to 94 vendors from the DCSD vendor bid list as well as to 704 vendors through the State of GA Procurement Registry. Twenty (20) proposals were deemed responsive to the requirements of the solicitation by the Purchasing Department. This is the third renewal option of four.
Financial impact: The not to exceed contract amount of $750,000.00 will be paid from the general fund GL code 100.2300.530000.00011.7200.9990.8010.050.0000 for professional services.
Contact: Mr. Byron Schueneman, Chief Financial Officer, Division of Finance, 678.676.0270
Status: Approved by General Counsel
DATE (MM/DD/YYYY)
CERTIFICATE OF LIABILITY INSURANCE 8/24/2023
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
NAME: Erica Grelli
HMS Insurance Associates, Inc. PHONE FAX
20 Wight Ave Suite 300 (A/C, No, Ext): 443-632-3346 (A/C, No): 443-632-3498
E-MAIL
Hunt Valley MD 21030 ADDRESS: erica.grelli@marshmma.com
INSURER(S) AFFORDING COVERAGE NAIC #
INSURER A : Hartford Fire Insurance Co 19682
ABACCOR-01
INSURED INSURER B : Everest National Insurance Company 10120
Abacus Corporation
INSURER C : New Hampshire Insurance Company 23841
610 Gusryan Street
Baltimore MD 21224 INSURER D : Arch Specialty Insurance Company 21199
INSURER E : Selective Insurance Company of South Carolina 19259
INSURER F :
COVERAGES CERTIFICATE NUMBER: 65042953 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
B X COMMERCIAL GENERAL LIABILITY 91ML001717-221 9/28/2022 9/28/2023 EACH OCCURRENCE $ 1,000,000
DAMAGE TO RENTED
CLAIMS-MADE X OCCUR PREMISES (Ea occurrence) $ 200,000
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 X JECT X LOC
PRO-
PRODUCTS - COMP/OP AGG $ 2,000,000
OTHER: $
E COMBINED SINGLE LIMIT $ 1,000,000
AUTOMOBILE LIABILITY S 2164050 1/1/2023 1/1/2024 (Ea accident)
X ANY AUTO BODILY INJURY (Per person) $
OWNED SCHEDULED BODILY INJURY (Per accident) $
AUTOS ONLY AUTOS
NON-OWNED
X HIRED
AUTOS ONLY
X AUTOS ONLY
PROPERTY DAMAGE
(Per accident) $
$
B X UMBRELLA LIAB X OCCUR 91CU001292-221 9/28/2022 9/28/2023 EACH OCCURRENCE $ 10,000,000
EXCESS LIAB CLAIMS-MADE AGGREGATE $ 10,000,000
X RETENTION $ $
DED 0
PER OTH-
C WORKERS COMPENSATION WC15893657 4/1/2023 4/1/2024 X STATUTE ER
AND EMPLOYERS' LIABILITY Y/N
ANYPROPRIETOR/PARTNER/EXECUTIVE
Y E.L. EACH ACCIDENT $ 1,000,000
OFFICER/MEMBER EXCLUDED? N/A
(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
B Professional Liability 91ML001717-221 9/28/2022 9/28/2023 E&O Occurrence: $1M E&O Aggregate: $2M
A Crime/3rd Party Employee Theft 30 FA 0379744 23 4/1/2023 4/1/2024 Theft of Clients Prop $5M Per Occ/Agg
D Cyber Liability C-4LPY-050099-CYBER-2022 10/9/2022 10/9/2023 Privacy Liability $1,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
RE: RFQ 22-534
DeKalb County School Board, the DeKalb County School District, DCSD, and their officials, officers, employees, agents, volunteers, and assigns are included
as additional insured(s) as respects the General Liability and Umbrella Liability portion of coverage for work performed by the named insured if required to be in
a written executed contract with the named insured per the policy terms and conditions. Waiver of subrogation applies in favor of the additional insured(s) for
General Liability, Umbrella Liability and Workers Compensation if required in a written contract with the named insured executed prior to a loss per the policy
terms and conditions. Contractual Liability per the terms and conditions of the Named Insured’s policy
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
DeKalb County School District
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
ECG 04 780 08 16
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
STAFFING INDUSTRY COVERAGE ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
1. Paragraph 2. Exclusions under Section I – Coverages (Coverage A – Bodily Injury and Property
Damage Liability) is amended as follows:
Exclusion g. is deleted and replaced by the following:
g. Aircraft, Auto or Watercraft
Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others
of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes
operation and "loading or unloading".
This exclusion does not apply to:
(1) A watercraft while ashore on premises you own or rent;
(2) A watercraft you do not own that is:
(a) Less than 51 feet long; and
(b) Not being used to carry persons or property for a charge;
(3) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not
owned by or rented or loaned to you or the insured;
(4) Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft or
watercraft;
(5) Liability assumed under any “insured contract” for the maintenance or “loading or unloading” of an
“auto”;
(6) "Bodily injury" or "property damage" arising out of:
(a) The operation of machinery or equipment that is attached to, or part of, a land vehicle that would
qualify under the definition of "mobile equipment" if it were not subject to a compulsory or financial
responsibility law or other motor vehicle insurance law where it is licensed or principally garaged;
or
(b) The operation of any of the machinery or equipment listed in Paragraph f.(2) or f.(3) of the
definition of "mobile equipment".
Exclusion j. is deleted and replaced by the following:
j. Damage To Property
"Property damage" to:
(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;
(2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those
premises;
(3) Property loaned to you;
(4) Personal property in the care, custody or control of the insured;
ECG 04 780 08 16 © Everest Reinsurance Company, 2016 Page 1 of 5
(5) That particular part of real property on which you or any contractors or subcontractors working directly
or indirectly on your behalf are performing operations, if the "property damage" arises out of those
operations; or
(6) That particular part of any property that must be restored, repaired or replaced because "your work"
was incorrectly performed on it.
Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire)
to premises, including the contents of such premises, rented to you for a period of seven or fewer
consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as
described in Section III – Limits Of Insurance.
Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied,
rented or held for rental by you.
Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack
agreement. Additionally, paragraphs (3), (4), (5) and (6) do not apply to:
(a) “Property Damage” to property rented to, in the care, custody or control of, or over which physical
control is being exercised for any purpose by your “employee”, “volunteer worker” or intern while that
person is performing “staffing services” for your clients; or
(b) Liability arising out of services performed by any individual or organization under written contract or
written agreement with you who provides “staffing services” on your behalf and at your direction for
your clients.
Paragraphs (4), (5) and (6) do not apply to “property damage” arising out of “staffing services”.
Paragraph (6) of this exclusion does not apply to "property damage" included in the "products-completed
operations hazard".
2. Section I – Coverages (Coverage B – Personal and Advertising Injury) is amended as follows:
Exclusion k. does not apply.
Exclusions a., b., e., f., g., h., i., 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 being once the
full extent of the assets of the responsible insured has been exhausted and once the Deductible as shown on
the Declarations Page has been satisfied.
3. The following Exclusions are added to the policy:
This insurance does not apply to:
A. “Bodily injury” or “property damage” or “personal and advertising injury” arising out of any activities or
services rendered by any “PEO worker”.
B. “Bodily injury” or “property damage” or “personal and advertising injury” arising out of a “wrongful act” in
the rendering of, or failure to render, any professional service for your client. For the purposes of this
exclusion, “wrongful act” shall mean any actual or alleged error, omission, misstatement, or misleading
statement by you or by any person for whose acts you are legally responsible during the course of
providing “staffing services” to your clients.
C. “Bodily injury” or “property damage” or “personal and advertising injury” 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.
4. Paragraph 1.d. under the Supplementary Payments Section of the policy is deleted and replaced by the
following:
d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense
of the claim or “suit”, including actual loss of earnings up to $500 a day because of time off from work.
ECG 04 780 08 16 © Everest Reinsurance Company, 2016 Page 2 of 5
5. Section II – Who Is An Insured is replaced by the following
SECTION II – WHO IS AN INSURED
1. If you are designated in the Declarations as:
a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of
which you are the sole owner.
b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are
also insureds, but only with respect to the conduct of your business.
c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to
the conduct of your business. Your managers are insureds, but only with respect to their duties as your
managers.
d. An organization other than an individual, partnership, joint venture or limited liability company, you are an
insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your
officers or directors. Your stockholders are also insureds, but only with respect to their liability as
stockholders.
e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as
trustees.
2. Each of the following is also an insured:
a. Your "volunteer workers" or interns only while performing duties related to the conduct of your business, or
your "employees", other than either your "executive officers" (if you are an organization other than a
partnership, joint venture or limited liability company) or your managers (if you are a limited liability
company), but only for acts within the scope of their employment by you or while performing duties related
to the conduct of your business. However, none of these "employees" or "volunteer workers" or interns are
insureds for:
(1) "Bodily injury" or "personal and advertising injury":
(a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if
you are a limited liability company), to a co-"employee" while in the course of his or her employment
or performing duties related to the conduct of your business, or to your other "volunteer workers" or
interns while performing duties related to the conduct of your business;
(b) To the spouse, child, parent, brother or sister of that co-"employee" or "volunteer worker" or intern
as a consequence of Paragraph (1)(a) above;
(c) For which there is any obligation to share damages with or repay someone else who must pay
damages because of the injury described in Paragraph (1)(a) or (b) above; or
(d) Arising out of his or her providing or failing to provide professional health care services.
(2) "Property damage" to property:
(a) Owned, occupied or used by;
(b) Rented to, in the care, custody or control of, or over which physical control is being exercised for
any purpose by;
you, any of your "employees", "volunteer workers", interns, any partner or member (if you are a
partnership or joint venture), or any member (if you are a limited liability company).
However, your “employee”, “volunteer worker”, or intern is an insured for “property damage” to property
rented to, in the care, custody or control of, or over which physical control is being exercised for any
purpose by your “employee”, “volunteer worker” or intern while that person is performing “staffing
services” for your clients.
b. Any person (other than your "employee" or "volunteer worker" or intern), or any organization while acting
as your real estate manager.
c. Any person or organization having proper temporary custody of your property if you die, but only:
(1) With respect to liability arising out of the maintenance or use of that property; and
(2) Until your legal representative has been appointed.
d. Your legal representative if you die, but only with respect to duties as such. That representative will have
all your rights and duties under this Coverage Part.
e. Any individual or organization under written contract or written agreement with you who provides “staffing
services” on your behalf and at your direction for your clients.
ECG 04 780 08 16 © Everest Reinsurance Company, 2016 Page 3 of 5
f. With respect to “mobile equipment” registered in your name under any motor vehicle registration law, any
person is insured while driving such equipment along a public highway with your permission. Any other
person or organization responsible for the conduct of such person is also an insured, but only with
respect to liability arising out of the operation of the equipment, and only if no other insurance of any kind
is available to that person or organization for this liability. However, no person or organization is an
insured with respect to:
1. “Bodily injury” to an insured if another insured is driving the equipment; or
2. “Property damage” to property owned by, rented to, in the charge of or occupied by you or the
employer of any person who is insured under this provision.
3. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company,
and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other
similar insurance available to that organization. However:
a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization
or the end of the policy period, whichever is earlier;
b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or
formed the organization; and
c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before
you acquired or formed the organization.
No person or organization is an insured with respect to the conduct of any current or past partnership, joint
venture or limited liability company that is not shown as a Named Insured in the Declarations.
SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows:
1. Paragraph 2.a. is replaced by the following:
2. Duties In The Event Of Occurrence, Offense, Claim Or Suit
a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense
which may result in a claim. To the extent possible, notice should include:
(1) How, when and where the "occurrence" or offense took place;
(2) The names and addresses of any injured persons and witnesses; and
(3) The nature and location of any injury or damage arising out of the "occurrence" or offense.
You will not be considered to have knowledge of an “occurrence” or an offense which may result in a
claim until any of the following is aware of such “occurrence” or offense:
(1) If you are an individual, you or your Risk Manager;
(2) If you are a corporation, your Corporate Officer or your Risk Manager;
(3) If you are a partnership or joint venture, your partner or member, or your Risk Manager; or
(4) If you are a limited liability company, your member or your Risk Manager.
2. Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us is amended to include the following:
However, if any insured is required by a written contract or written agreement which is executed before a
“staffing services” occurrence to waive their rights of recovery from others, we agree to waive our rights of
recovery.
3. The following Condition is added:
Liberalization
If we revise this Coverage Form to provide more coverage without additional premium charge, your policy
will automatically provide the additional coverage as the day the revision is effective in your state.
SECTION V – DEFINITIONS is amended as follows:
1. The definition of “coverage territory is replaced by the following:
“Coverage Territory” means anywhere in the world.
2. The definition of “employee” is replaced by the following:
ECG 04 780 08 16 © Everest Reinsurance Company, 2016 Page 4 of 5
“Employee includes but is not limited to a “leased worker” and a “staffing services worker”. “Employee” does
not include a “temporary worker” or a “PEO worker”.
3. The following definitions are added:
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) Staffing related administrative services provided by an Administrative Services Organization (ASO).
(2) “PEO service”;
(3) Staffing related services provided to your clients for the recruitment, selection and placement of a
person for employment with a client.
(4) Vendor Management Service (VMS), means the facilitation, purchase and management of “staffing
services” for clients including the placement and fulfillment of orders for “staffing services workers”.
(5) Temporary, contingent or contract placement services;
(6) Services performed for a client company to supply that client with a “staffing services worker”;
(7) Services performed on behalf of your client by a “staffing services worker” who is not a direct hire or
permanent placement.
d. “Staffing services worker” means a person who is furnished by you to your client to perform the duties to
which you have agreed.
All other terms and conditions of this policy apply.
ECG 04 780 08 16 © Everest Reinsurance Company, 2016 Page 5 of 5
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