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HomeMy WebLinkAbout2002-027 CDBG Roof Replacement CITY OF ATASCADERO CONTRACT# AGREEMENT FOR GRANT OF CDBG FUNDS TO PROVIDE FOR ROOF REPLACEMENT AT ATASCADERO LOAVES AND FISHES THIS AGREEMENT is made and entered into this J.), day of VW, 2002, by and between LOAVES AND FISHES a California nonprofit corporation (hereinafter referred to as "LOAVES AND FISHES", and the CITY OF ATASCADERO, a political subdivision of the State of California(hereinafter referred to as "the City"). WITNESSETH: WHEREAS, LOAVES AND FISHES operates a food bank in the City of Atascadero; and WHEREAS, LOAVES AND FISHES requested funding in the amount of $11,260 through the Community Development block Grant (CDBG) Program to provide for the replacement of a roof(hereinafter referred to as"the Project"); and WHEREAS, the San Luis Obispo County Board of Supervisors approved the county of San Luis Obispo Consolidated Plan and projected use of funds pursuant to applicable federal regulations (24 CFR Part 570), hereinafter referred to as the "2002 Consolidated Plan," providing for $11,260 from the 2002 CDBG Program to enable LOAVES AND FISHES to carry out the project; and 2002 CDBG Agreement-NCWS 1 WHEREAS, HUD approved the 2002 one year action plan of the consolidated Plan by executing a grant agreement; and WHEREAS, LOAVES AND FISHES is an eligible entity (a nonprofit 501(C)(3) corporation) to act as designated project sponsor and, as such, LOAVES AND FISHES will carry out the Project; and NOW, in consideration of the mutual promises, recitals and other provisions hereof, the parties agree as follows: 1. Scope of Activities (a) Within 18 months after the approval of this Agreement, LOAVES AND FISHES shall complete the Activities shown below: (i) Secure all necessary City approvals and permits for the Project. (ii) Complete construction of the Project and obtain final inspection approval. (b) During the term of this Agreement LOAVES AND FISHES shall operate the existing facility as above described. (c) During the term of this Agreement LOAVES AND FISHES will not transfer, assign, lease, sell, encumber or submit to judicial or non judicial foreclosure proceedings of the project site without providing written notice to and receiving the written approval of the City. 2002 CDBG Agreement-NCWS 2 2. Reporting (a) LOAVES AND FISHES shall submit quarterly progress reports to the City Administrative Services Department describing the progress made toward accomplishing the above-listed activities. LOAVES AND FISHES agrees to submit to the City Administrative Services Department a final report within 60 days of completin �h Project, describing which of the Project objectives and activities LOAVES AND FISHES has accomplished, with sufficient detail to enable the City to properly evaluate LOAVES AND FISHES performance in completing the objectives and activities of the Project. (b) LOAVES AND FISHES further agrees to submit an annual report to the City Administrative Services Department certifying the continuing operation of the facility on the property. (c) LOAVES AND FISHES shall submit quarterly reports, using the form provided in this contract, relative to the Characteristics of persons benefiting from these funds as required under HUD regulations. (d) The City shall prepare and submit all CDBG reports required under its Grant Agreement with HUD. 3. City Responsibilities City shall be responsible for fulfilling responsibilities of the Grantee pursuant to the Grant Agreement. 2002 CDBG Agreement-NCWS 3 4. Relationship to Grant Agreement LOAVES AND FISHES acknowledges and agrees that this Agreement is subject to the obligations and limitations imposed on the City by the Grant Agreement and all future amendments to Grant Agreement and is intended to be in conformance and harmony with it. LOAVES AND FISHES further acknowledges that if the Grant Agreement is terminated by the United States Government, prior to its implementation by appropriation and/or funding, the City shall have the right to terminate or amend this Agreement by giving written notice of the termination or amendment of this Agreement to LOAVES AND FISHES. LOAVES AND FISHES hereby expressly agrees to the provisions of the Grant Agreement and further expressly agrees that nothing in this Agreement shall be deemed to require the City to perform an obligation in conflict with the Grant agreement. LOAVES AND FISHES further agrees that the city's rights to enter into amendments to the Grant Agreement is not, and shall not be restricted or impaired, in any way,by this Agreement. 5. Compensation Subject to the terms and conditions of this Agreement (including the availability of CDBG funds to the City), City shall provide to LOAVES AND FISHES the amount of $11,260 to enable LOAVES AND FISHES carry out the Project. In no instance shall the City be liable for any costs of the Project in excess of$11,260, nor for any unauthorized 2002 CDBG Agreement-NCWS 4 ti or ineligible costs. LOAVES AND FISHES shall not obligate or expend any part of the $11,260 for purposes other than the drainage improvements project at the Atascadero facility. Payment for the foregoing shall be in accordance with the following procedure: (a) LOAVES AND FISHES shall submit a request for payments to the City, along with documentation (work invoices, inspection reports, photos, etc.) for those activities for which the payments are being requested. (b) Payment will be made to LOAVES AND FISHES within 30 days of the request being approved by the City. LOAVES AND FISHES shall pay the contractor for work completed. (c) Ten percent of the grant amount will be withheld pending final approval of the completed work. (d) If the Project is not successfully completed, the $11,260 will be returned to the City Administrative Services Director. 6. Term of Agreement The term of this Agreement shall commence on the date first above written and shall terminate 20 years from the date, unless sooner terminated as hereinafter provided. 7. Termination of Agreement for Cause If City determines that LOAVES AND FISHES has incurred obligations or made expenditures for purposes which are not permitted or are prohibited under the terms and provisions of this Agreement, or if City determines that LOAVES AND FISHES has failed to fulfill its obligations under this Agreement in a timely and professional manner, 2002 CDBG Agreement-NCWS 5 or if LOAVES AND FISHES is in violation of any of the terms or provisions of this Agreement, or if City is given notice by HUD or the County that HUD or the County is terminating its Grant Agreement with the City, or if LOAVES AND FISHES makes a general assignment for the benefit of LOAVES AND FISHES creditors, or if a receiver should be appointed in the event of LOAVES AND FISHES insolvency, then City shall have the right to terminate this Agreement effective immediately upon giving written notice thereof to LOAVES AND FISHES. Termination shall have no effect upon the rights and obligations of the parties arising out of any transaction occurring prior to effective date of such termination. If City's termination of LOAVES AND FISHES Agreement for cause is defective for any reason, including but not limited to City's reliance on erroneous facts concerning LOAVES AND FISHES performance, or any defect in the notice thereof, City's maximum liability shall not exceed the amount payable to LOAVES AND FISHES under paragraph five (5) of this Agreement. 8. Termination for Convenience Either party may terminate this Agreement at any time by giving the other party 30 days written notice of such termination. Termination shall have no effect upon the rights and obligations of the parties arising out of any transaction occurring prior to the effective date of such termination. Contractor shall be paid for all work satisfactorily completed prior to the effective date of said termination. 2002 CDBG Agreement-NCWS 6 Nome vary 9. Sources and Availability of Funds It is understood by the parties thereto that the funds being used for the purpose of this Agreement are funds furnished to City through HUD pursuant to the provisions of the Act. Notwithstanding any other provision of this Agreement, the liability of City shall be limited to CDBG funds available for the project. LOAVES AND FISHES understands that City must wait for release of funds from HUD before grant funds may be advanced or reimbursed. City shall incur no liability to LOAVES AND FISHES, its officers, agents, employees, suppliers, or contractors for any delay in making any such payments. 10. Reimbursement of Improper Expenditures If any time within applicable statutory periods of limitation it is determined by City or by HUD or its duly authorized representatives, or by the United States Secretary of Treasury or his duly authorized representatives that funds provided for under the terms of this Agreement have been used by or on behalf of LOAVES AND FISHES in a manner or for purposes not authorized or prohibited by said Act or regulations adopted pursuant thereto LOAVES AND FISHES shall, at City's request, pay to city an amount equal to one hundred percent of the amount improperly expended. 11. Employment Status LOAVES AND FISHES shall, during the entire term of this Agreement, be construed as a contractor, and nothing in this Agreement is intended nor shall be construed to create an employer-employee relationship or a joint venture relationship. Neither LOAVES AND FISHES nor any of LOAVES AND FISHES agents, employees, 2002 CDBG Agreement-NCWS 7 or contractors are or shall be considered to be agents or employees of the City or HUD in connection with the performance of LOAVES AND FISHES obligations under this Agreement. 12. Inspections The City reserves the right to inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the applicable federal, state and/or local requirements, and this Agreement. LOAVES AND FISHES agrees that all work found by such inspections not to conform to the applicable requirements shall be corrected and that city may withhold payments to LOAVES AND FISHES until such corrections are completed. 13. Records (a) All records, accounts, documentation and all other materials relevant to a fiscal audit or examination, as specified by HUD, shall be retained by LOAVES AND FISHES for a period of not less than three (3) years from the date of termination of this Agreement. (b) If so directed by the City or HUD upon termination of this Agreement LOAVES AND FISHES shall cause all records, accounts, documentation and all other materials relevant to the work to be delivered to the City or HUD as depository. (c) LOAVES AND FISHES understands that LOAVES AND FISHES shall be subject to the examination and audit of the City Administrative Services Director for a period of three (3) years after the final payment under this Agreement. 2002 CDBG Agreement-NCWS 8 14. Audit (a) All records, accounts, documentation and other materials deemed to be relevant to the work by the City or HUD shall be accessible at any time to the authorized representatives of the county, state or federal government, on reasonable prior notice, for the purpose of examination or audit. (b) An expenditure which is not authorized by this Agreement or which cannot be adequately documented shall be disallowed and must be reimbursed to the City or its designee by LOAVES AND FISHES. Expenditures for work not described in paragraph one (1) of this Agreement shall be deemed authorized if the performance of such work is approved in writing by the City or HUD prior to the commencement of such work. (c) Absent fraud or mistake on the part of the City or HUD, the determination by the City and HUD of allowability of any expenditure shall be final. 15. Indemnification LOAVES AND FISHES shall defend, indemnify and save harmless the City, its officers, agents and employees from any and all claims, demands, damages, costs, expenses, judgments, or liability occasioned by the performance or attempted performance of the provisions hereof, or in any way arising out of this Agreement, including, but not limited to, (a) those predicated upon theories of violation of statute, ordinance or regulation, violation of civil rights, (b) any adverse determination made by the Internal Revenue Service or the State Franchise Tax Board with respect to LOAVES 2002 CDBG Agreement-NCWS 9 .,,wrrP AND FISHES that would establish a City liability for failure to make social security and income tax withholding payments, (c) inverse condemnation, (d) equitable relief, or (e) any wrongful act or any negligent act or omission to act on the part of LOAVES AND FISHES or of agents, employees, or independent contractors directly responsible to LOAVES AND FISHES; providing further that the foregoing obligations to defend, indemnify and save harmless shall apply to any wrongful acts, or any actively or passively negligent acts or omissions to act, committed jointly or concurrently by LOAVES AND FISHES, its agents, employees, or independent contractors and the City, its agents, employees, or independent contractors. Nothing contained in the foregoing indemnity provisions shall be construed to require indemnification for claims demand, damages, costs expenses or judgments resulting solely from the conduct of the City. 16. Insurance LOAVES AND FISHES shall obtain and maintain for the entire term of this Agreement and LOAVES AND FISHES shall not perform any work under this Agreement until LOAVES AND FISHES has obtained comprehensive general liability insurance, in companies acceptable to the City, and authorized to issue such insurance in the State of California. Said insurance shall consist of the following: (a) Liability Insurance — LOAVES AND FISHES shall maintain in full force and effect, for the period covered by this Agreement, comprehensive liability insurance. This comprehensive general and automobile liability insurance shall include, but not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property, resulting from any act or occurrence 2002 CDBG Agreement-NCWS 10 arising out of LOAVES AND FISHES operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amount of insurance shall be not less than one million dollars ($1,000,000) combined single limit coverage for bodily and personal injury, including death resulting therefrom, and property damage. The following endorsements shall be attached to the policy: (1) If the insurance policy covers an "accident" basis, it must be changed to "occurrence". (2) The policy must cover personal injury as well as bodily injury. (3) Blanket contractual liability must be afforded and the policy must contain a cross liability or severability of interest endorsement. (4) The City, its officers, agents, and employees shall be named as additional insured under the policy, and the policy shall provide that insurance will operate as primary insurance and that no other insurance affected by the City will be called upon to contribute to a loss hereunder. (b) Workers' Compensation Insurance — In accordance with the provisions of Labor Code Section 3700, LOAVES AND FISHES is required to be insured against liability for workers' compensation or to undertake self-insurance for any individuals working as employees of LOAVES AND FISHES. LOAVES AND FISHES agrees to comply with such provisions before commencing the performance of the work under this Agreement. 2002 CDBG Agreement-NCWS 11 (c) The following requirements apply to all insurance to be provided by LOAVES AND FISHES: (1) A certified copy of each insurance policy and a certificate of insurance shall be furnished City within sixty(60) days after execution of this Agreement. A CERTIFICATE ALONE IS NOT ACCEPTABLE. Provided, however, a certificate of insurance shall be furnished City prior to the approval of any advances by the Auditor-Controller of the City pursuant to this Agreement. (2) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to City. (3) Approval of the insurance by City shall not relieve or decrease the extend to which LOAVES AND FISHES may be held responsible for payment of damages resulting from LOAVES AND FISHES services or operations pursuant to this Agreement. (d) If LOAVES AND FISHES fails or refuses to procure or maintain the insurance required by this paragraph, or fails or refuses to furnish City with required proof that insurance has been procured and is in force and paid for, City shall have the right, at city's election, to forthwith terminate this Agreement. 17. Equal Employment Opportunity During the performance of this Agreement, LOAVES AND FISHES agrees that it will not discriminate against any employee or applicant for employment because of race, 2002 CDBG Agreement-NCWS 12 color, religion, sex, or national origin, and specifically agrees to comply with the provisions of Section 202 of Presidential Executive Order No. 11246. 18. Entire Agreement and Modifications This Agreement sets for the full and entire understanding of the parties regarding the matter set forth herein, and any other prior to existing understandings or Agreements by the parties, whether formal or informal, regarding any matters are hereby superseded or terminated in their entirety. No changes, amendments, or alterations shall be effective unless in writing and signed by all parties hereto. LOAVES AND FISHES specifically acknowledges that in entering into and executing this Agreement, LOAVES AND FISHES relies solely upon the provisions contained in this Agreement and no others. 19. Funding for Additional Services Funding for any programs, projects, or services beyond the term of this Agreement, by any new agreement or amendment or extension of this Agreement, have not been authorized and will depend upon City's determination of satisfactory performance of this Agreement by LOAVES AND FISHES and upon the availability to City of additional grant funds allocated for such purposes. Neither City nor any employee of City has made any promise or commitment, express or implied, that any additional funds will be paid or made available to LOAVES AND FISHES for the purpose of this Agreement over and above the funds expressly allocated under the terms of this Agreement. 2002 CDBG Agreement-NCWS 13 Now 20. Contractors and Subcontractors LOAVES AND FISHES agrees to, and shall require its subcontractors to agree to: (a) Perform the work in accordance with federal, state and local housing and building codes as applicable. (b) Comply with the Labor Standards described in 24 CFR 570.603 and with the provisions of the California Labor Code, as applicable. (c) Comply with the applicable Equal Opportunity requirements described in 24 CFR 570.607. (d) Maintain at least the minimum state-required workers' compensation insurance for those employees who will perform the work or any part of it. (e) Maintain, if so required by law, unemployment insurance, disability insurance and liability insurance in an amount to be determined by the State which is reasonable to compensate any person, firm, or corporation who may be injured or damaged by LOAVES AND FISHES or any subcontractor in performing the work or any part of it. (f) All contractors employed on this project shall be paid Federal or State of California prevailing wages, whichever rate is higher. The contractor is required to submit, on a weekly basis, Certified Payroll documents to the City of Atascadero, Department of Public Works, 6500 Palma Avenue, Atascadero. (g) Contractor shall contact Valerie Humphrey, CDBG Grant Administrator, at 805-461-5020 prior to start of work. 2002 CDBG Agreement-NCWS 14 21. Compliance with City, County and State Laws and Regulations LOAVES AND FISHES agrees to comply with all City, County and State laws and regulations that pertain to construction, health and safety, labor, fair employment practices, equal opportunity and all other matters applicable to LOAVES AND FISHES, its subcontractors, and the work. 22. Compliance with Federal Laws and Regulations LOAVES AND FISHES agrees to comply with all federal laws and regulations applicable to the CDBG program and to the work. 23. No Assignment Without Consent Inasmuch as this Agreement is intended to secure the specialized services of LOAVES AND FISHES, and LOAVES AND FISHES shall not have the right to assign or transfer this Agreement, or any part hereof or monies payable hereunder, without the prior written consent of City, and any such assignment or transfer without the City's prior written consent shall be considered null and void. 24. Law Governing and Venue This Agreement has been executed and delivered in the State of California, and the validity, enforceability and interpretation of any of the clauses of this Agreement shall be determined and governed by the law of the State of California. All duties and obligations of the parties created hereunder are performable in San Luis Obispo County, and such County shall be that venue for any action, or proceeding that may be brought, or arise out of, in connection with or by reason of this Agreement. 25. Enforceability 2002 CDBG Agreement-NCWS 15 If any terms, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. 26. Binding on Successors in Interest All provisions of this Agreement shall be binding on the parties and their heirs, assigns and successors in interest. 27. Effect of Waiver City's waiver or breach of any one terms, covenant or other provision of this Agreement shall be not a waiver of a subsequent breach of the same term, covenant or provision of this Agreement or of the breach of any other term, covenant or provision of this Agreement. 28. Patents &Royalties (a) LOAVES AND FISHES shall provide and pay for all licenses and royalties necessary for the legal use and operation of any of the equipment or specialties used in the Project. Certificates showing the payment of any such licenses or royalties, and permits for the use of any patented or copyrighted devices shall be secured and paid for by LOAVES AND FISHES and delivered to the City upon completion of the Project, if required. (b) LOAVES AND FISHES shall assume all costs arising from the use of patented materials, equipment, devices, or processes used in or incorporated in the Project and agrees to indemnify and hold harmless the 2002 CDBG Agreement-NCWS 16 NOW City and its duly authorized representatives, from all suits of law, or actions of every nature for or on account of the use of any patented materials, equipment, devices, or processes. 29. Notices Unless otherwise provided, all notices herein required shall be in writing, and delivered in person or sent by United States first class mail, postage prepaid. Notices required to be given to City shall be addressed as follows: Administrative Services Director, City of Atascadero, 6500 Palma Avenue, Atascadero, CA 93422. Notices required to be given to LOAVES AND FISHES shall be addressed as follows: LOAVES AND FISHES, Frank W. Fertschneider, 5411 El Camino Real, Atascadero, CA 93422. Provided that any party may change such address by noticing in writing to the other parties and thereafter notices shall be transmitted to the new address. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. LOAVES AND FISHES Frank W. Fertschneider CITY OF ATASCADERO WADE G. fV'?ckTNNEY City Manager APP OVED AS TP FORM AND LEGAL EFFECT: rHAN,. I�tY Cit 2002 CDBG Agreement-NCWS 17 Agency Name: Program Name: Quarterly/Year-End Report This Quarter Year to-date Total White,non-Hispanic Black,non-Hispanic Hispanic Asian/Pacific Islander American Indian/Alaskan Native Income less than 30%of median Income 31%to 50%of median Income 51%to 80%of median Male Female Developmentally disabled Physically disabled Age 18 or less Amount wk Cash Match 1. 2. Federal Government 1. 2. State 1. 2. Local 1. 2 Private Sources: i 1. 2 3. 4. 2002 CDBG Agreement-NCWS 18 Noo 2002 CDBG Agreement-NCWS 19 Oct .25. 2002 10:09AM ATASCADERC INSURANCE 805 4662494 No•5642 P. 2/3 ACCORD, GERTIFI E OF LIABILITY IN$UR CE 10%25/2002 PRODUCER (80s)486-1062 FAX (805)4e6-2494 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Atascadero Insurance Agency HOLDER,THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 7070 Morro Road, Suite A ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Atascaderc, CA 93422 INSURERS AFFORDING COVERAGE INsuRED Atascadero Loaves and F I SheS INSURER A: Travelers Insurance Company 5411 El Camino Real INSURER B: Atascadero, CA 93422-0000 INSURERG I INSURER D.- INSURER :INSURER E: COVERAGES 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 CERTIPICATE 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,AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION UNITS GENERAL UAMITY X660559X3508TIL02 09/30/2002 09/30/2003 EACH OCCURRENCE 3 1.000.000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Ady one fire) 1 100.00 CLAIMS MADE FX pGCUR MED EXP(Any one pemon) $ 510 A PERSONAL&A0V INJURY $ 1,000,00 GENERAL AGGREGATE S QUO,QQ GENL AGGREGATE LIMIT APPLIES PER' PFiODLGT3-COMP/OP AGG 3 ^L. OOO,OOO 1 n- _ 111. FI -F'RO- LOG - - AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT, AN'AUTO .ALL OWNED AUT05 BODILY INJURY S (Perpe—) SCHEDULED AUTOS HIRED AUTOS BODILY INJURY 3 NON•OWNED AUTOS (Par eacWerd) ....... PROPERTY DAMAGE $ (Per acc Want) .. GARAGE LIABILITY AUTO ONLY-IZA ACGOEHT S ANY AUTO OTHERTHAN EA ACO S AUTO ONLY: AGG S EXCESS LUIBILRY EACH OCCURRENCE S " OCCUR D CLAIMS MADE AGGREGATE $ S DEOUCTI aL& $ RETENTION S S WC STATU- DTH- WORKERS C0wzNSATIDN AND TORY LIMITS ER EMPLOYER13'LIABILITY E.L-EACH ACCIDENT S -- E.LMWF.EAEMPL,QVE $ E.L DISEASE,POLICY LIMIT $ - OTHER DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLES)EIDCLUMNS ADDED BY ENDOR3EMWff1WECIAL PROVISIONS The City of Atascadero, Its orricers, agents, and employees are named Additional Insureds as respects General LIabIIIty per Form GN 01 88 01 96 attached to policy (copy attached), CERTIFIlMATE HOLDER X ADDITIONAL INSURED;INSURERLETTER: A CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILLENDEAVOR TO MAIL 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT• City Of Atascadero BUT FAILURE TO NAIL SUCH NOTICE 9 IMPUOSE NO O R LIABILITY The C 6500 i t I moAt Ave- OF ANY KIND UPON THE COMPANY s OR 8 TATTY S. Atascadero, CA 93422 AUTHORIZED nErRECENYArivE S. Jason.--CyOul ki ACORD 26-8(7107) FAY.: (805)481-7615 OACORD dapOFtATI4�1000 Oct .25, 2002. 10:10AM ATASCADERO INSURANCE 805 4662494 No.5642 P. 3/3 y 4 t COMMERCIAL GENERAL LIABILITY POLICY.NUM$ER' X-660-559X35.48-TIL-42 ISSUE DATE, 06-27-02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE REAP] IT CAREFULLY. CHARITY FIRS'-AMENDMENT OF COVERAGE - WHO IS AN INSURED This endt]4dm' ent modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Person or Organization(Additional Insured): Designation Of Premises (Part Leased to You) ANY PREMISES LEASED TO YOU. WHO IS AN INSURED (Section 11) is amended to tion, in consideration for funding or financial include as an insured: contributions you receive from them; A' Your members and volunteers but only with 3. The ownership, maintenance or use of that p=_ respect to their liability for your activities or ac- part of a premises leased to you; or tivlties they perform on your behalf; 4. ,Your work'for that insured by or for you. B. Your trustees or members of the board of Cover- As respects Part C.3. above, this insurance does a— nors while acting within the scope of their duties not apply to: d- as such on your behalf; and (a) Structural alterations, new construction C. Person(s) or organization(s), whether or not or demolition operations performed by shown in the Schedule above, but only with or on behalf of the person(s)or organiaa- ;, respect to their liability arising out of: tion(s); or 1. Their financial control over you; (6) Any °occurrenoe"which takes place after 2. Their requirements for certain performance you cease to be a tenant In that ` placed upon you, as a non-profit organize,- premises. o. a= Gly 0188 01 90 Copyright,Travelers Indemnity Company. Page 1 of 1