HomeMy WebLinkAboutAgr 2008-02-12 (James Wilson)
AGREEMENT BETWEEN THE ,TOWN OF
TIBURON AND JA~IES WILSON.. P.E... R.A... FOR
THE PROVISION OF PROFESSIONfERVICES -
ACTING DIRECTOR OF PUBLI WORKS
AL ~
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TIllS AGREENIENT, made and entered this twelfth day of February, 2001, by and between the
TOWN OF TIBURON, a political subdivision of the State of California, hereinafter called "Town, "
and JAMES WILSON, hereinafter referred to as "Acting Director of Public Works" or "Acting
Director. "
RECITALS
A The Town has a Department of Public Works and a contract Town Engineer. The Engineer
and the Department of Public Works both require oversight by a department head level
Engineer acting under the direct supervision of the Town Manager.
B. The Town expects to retain a full-time, in-house Director of Public Works that will serve as
the Town Engineer and will manage the Department of Public Works. However, recruitment
of this individual may take a considerable period of time. The Town therefore finds it
necessary to contract for an Acting Director of Public Warks to serve under the Town
Manager.
C. The Acting Director has the skill, experience, ability, background, certification and
knowledge to manage the Department of Public Works and oversee the current contract
Town Engineer. The Town therefore desires to retain him as a qualified independent
contractor, subject to the direction of the Town Manager. The parties wish to contract for
the Acting Director to provide said services to the Town as provided herein.
AGREEMENT
1. Scope of SerVices. The Acting Director of Public Works shall manage the Department of
Public Works, oversee the current contract Town Engineer, and undertake other tasks
appropriate to the position of Director of Public Works, all as directed by the Town
Manager. '
2. Compensation. The Acting Director of Public Works' compensation shall be Fifty Dollars
($50) per hour, up to a maximum of thirty (30) hours per week. The Acting Director shall
submit bills for said Services on a monthly basis, which shall be due within 30 days of receipt
by the Town.
3. . Standard of Work: Indemnity. Town has relied on the professional training and ability of the
Acting Director of Public Works to perform the services hereunder as a material inducement
\\NTlviAlMADanforth\Public WorkslAgreements, misc\Dir of Pw; Acting, Wilson. doc
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to enter into this Agreement. The Acting Director of Public Works shall perform the
services in a skillful and professional manner compatible with applicable legal requirements
and the standard of quality ordinarily to be expected of competent professionals in the Acting
Director's field of expertise.
4. Acting Director as Independent Contractor: Indemnity. The Acting Director of Public
Works is not an agent or employee of the Town but is an independent contractor not subject
to the direction and control of the Town. Without limiting the foregoing, Company shall
maintain complete control of its operations and personnel and shall be solely liable and
responsible to pay all required salaries, wages, expenses, taxes and other obligations.
Notwithstanding the foregoing, in providing services under this Agreement, the Acting
Director shall be acting as a Town Official. Therefore, with respect to claims that may be
asserted by third parties arising from the Acting Director's provision of services as a Town
official, the Acting Director shall be entitled to assert any immunities or similar defenses that
would be available to the Town in defense of such actions against a Town official. The
T own will also indemnify and defend the Acting Director against any claims that the Town
would be required to defend against for actions by an in-house Director of Public Works.
5. Audit of Books and Records. Town may, in its sole discretion, undertake an independent
audit and! or evaluation of the Acting Director of Pub lic Works' records arid accounts of
expenditures and activities of his performance under this Agreement at Town's own expense.
All such records shall be maintained for period of at least three years after the termination
of this Agreement. The Acting Director of Public Works shall furnish all items necessary in
the Town's discretion to complete said audit and/or evaluation subject to restrictions on
confidentiality limited to expenditure or receipt of program funds, and program quality.
6. Insurance. The Acting Director of Public Works shall maintain insurance as set forth below.
To~,,'/R SHall be added as aR additioaal iasured to all required iasurance polkie~j' ~
Soc>,oc>o
A. Comprehensive General Liability: Combined single limit of $1,000,000 for each ~
single pccurrence for bodily injury, personal injury and property damages; Ymbr@lh~ ~
polie)' faisiRg the limit to $2,000,000. ~8a, 000
~oo DOD ("EJt,) ; S'O'o,(')oo(ACC.~ ~
B. Comprehensive Automobile Liability: Combined single limit of$l,OOO,OOO for eacli
single occurrence for bodily injury an~roperty damages; umbrella poliey nH3ing the ~
limit to $2,000,000. '5D,OOt:J Fc:.~
C.
The iR~YraRce reqyir~g YQQ@r paragrapHS ..\ aRa B, abo"/e, SHall be eadorsed ~y';itk
language co":eriag tHe TO\Yfl, its offieials, officers, employees, agents and volunteers.
Sueh coverage SHall be primal)' insurance to the To\vn, its officials, offieers,
employees, ag@Rts ang yoluRt@ers and shall act as tRough a separate policy Had beeR
'"vrittea for eaCH. ..^J1j' failure to comply \vith the r8portiRg r@quir@ffi@fl.tS of tRe
pgliciei ihall not atI'e~t Cguerig~ pr9uid@Q to tR@ To'.vn, its officials, officers,
~
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\\NTMAlMADanforth\Public WorkslAgreements, miscIDir of PW, Acting, Wi/son.doc
employees, ag@nts and voltameers.
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D. The insurance required by this Paragraph shall not be suspended, voided, canceled
or reduced in coverage or in limits except after thirty days written notice has been
received by the Town.
E. Evidence of compliance with the insurance and endorsement requirements of this
Paragraph shall be subject to the approval of the Town Attorney.
7. Ownership of Documents: Re-Use: Indemnity. All plans, studies, documents and other
writings prepared for and by the Acting Director of Public Works, his officers,
employees and agents and subcontractors in the course of performing the Services shall
be the property of Town and Town shall have the sole right to use such materials in its
discretion without further compensation to Company or to any other party. Company
shall, upon request, provide such materials to Town.
T own acknowledges that such documents are prepared for use only in connection with
particular projects. The Acting Director of Public Works makes no representation that
said documents are suitable for re-use on any other project or on any expansion of the
original project. Any such re-use by Town without specific written approval by the
Acting Director shall be at Town's sole risk. Town shall indemnify and hold the Acting
Director harmless from all claims, losses, damages and expenses, including attorneys
fees, that may arise from Town's unauthorized re-use of said documents for another
project or for any expansion of the Project.
8. Licenses. The Acting Director of Public Works represents and warrants to Town that he has
all licenses, permits, qualifications, insurance and approvals of whatsoever nature that are
legally required of the Acting Director to practice his profession. The Acting Director
represents and warrants to Town that he shall, at his sole cost and expense, keep in effect
or obtain at all times during the term of this Agreement, any licenses, permits, insurance and
approvals that are legally required of the Acting Director to practice his profession.
9. Term of Contract. This Contract shall begin on February 12, 2001, and continue for a Term
of three months. After May 12, 2001, the Contract shall renew automatically for terms of
one week unless and until either party gives seven days notice of intent not to renew.
10. Termination of Contract. This Agreement may be terminated immediately by Town for
cause. During the initial five month Term, the Agreement may be terminated by either party
without cause upon 30 days notice of termination to the other party. After the initial Term,
termination without cause shall be by notice of non-renewal, as set forth in Section 10. In
event of termination, the Acting Director of Public Works shall deliver to the Town copies
of all finished and unfinished surveys, studies, documents, computer disks, and/or reports
pertaining to the Services. The Acting Director shall be entitled to receive just and equitable
compensation for any satisfactory work completed as determined by the Town.
IWTMAlMADanforthlPublic WorkslAgreements, miscIDir of pw, Acting, Wilson. doc
11. Discrimination. In the performance of the terms of this Agreement, the Acting Director of
Public Works shall not engage in discrimination in the employment of such persons based
on race, color, religion, sex, sexual preference, age, or handicapped conditions.
12. Mediation. The parties will make a good faith attempt to resolve any disputes arising from
this Agreement through mediation prior to initiating litigation. The parties shall mutually
agree upon a mediator and shall share the costs of mediation equally. If the parties are
unable to agree upon a mediator, the dispute shall be submitted to JAMS/ENDISPUTE
("JAMS") or its successor in interest. JAMS shall provide the parties with the names of five
qualified mediators. Each party shall have the option to strike two of the five mediators
selected by JAMS and the mediator thereafter remaining shall hear the dispute.
13. Miscellaneous.
A. Governing Law. The laws of the State of California shall govern this Agreement.
B. Severability. If any provision of this Agreement is found. to be invalid or
unenforceable, the remaining portions shall remain valid and enforceable unless the
effect thereof would materially change the economic burden on either party.
C. Successors in Interest: Assignment. This Agreement shall be binding on the assigns
and successors in interest to both parties. Neither party may assign their obligations
under this Agreement without the written consent of the other party.
D. Entire Agreement: Amendment. This Agreement represents the entire Agreement
between the parties. This Agreement may only be amended in writing.
IN WITNESS WHEREOF the parties hereto have caused their duly authorized representatives to
execute this Agreement the day and year above written.
JAMES WILSON, P.E., R.A.
BY:~~' tJ~
JAMES WILSON, P.E., R.A.
By:
, Town Attorney
\\NTMAlN\ADanforthlPublic Works \Agreements, misc\Dir of PW, Acting, Wilson.doc
PAGE 1
MAIL MACH-I
26223
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USM~
HOMEOWNERS POLICY PACKET
JAMES G WILSON
CAPT USN RET
394 HILARY DR
TIBURON CA 94920-1415
USAA 00022 26 30 93A
EFFECTIVE: 0]-19-00 TO: 0]-19-01
Dear Captain Wilson:
Thank you for placing your confidence in us and choosing USAA as your insurer. My staff and I stand ready
to respond promptly and knowledgeably in order to earn your continued confidence. If you have any
questions, please call us at the number shown below.
Attached are your policy documents and other information you may find helpful concerning your insurance
coverages and premiums. Please take a few minutes to review them, and then file them with your policy
records.
.~7P
Richard B. Fowler II, CPCU
Col, USAF Ret.
Senior Vice President
Western Region
IMPORTANT MESSAGES
THIS IS NOT A BILL. , Any premium charge or return for this policy will be reflected on your
next regular monthly statement.
FOR U.S. CALLS: POlicy Service 1-800-531-8111. Claims 1-800-531-8222.
~J-, t./Z+/OO
Thank you for letting us serve you. We appreciate your business.
Hn~~1
PAGE 2
USAA 00022 26 30 93A
CONTENTS
CONTRACT, DECLARATIONS, ENDORSEMENTS
Form # Title
INFORMA TION/EXPLANA TION FORMS
Form # Title
HO-Dl - DECLARATIONS
UI'\r'C""
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USAA @
UNITE' SERVICES AUTOMOBILE ASSOCIl\TION
PAGE 3
MAil MACH-I
9800 Fredericksburg Road - San Antonio, Texas 78288
AMENDED DECLARATIONS PAGE - EFFECTIVE 07/19/00
Named Insured and Residence Premises Policy Number
JAMES G WILSON AND JOAN H WILSON, HUSBAND AND WIFE USAA 00022 26 30 93A
394 HILARY DR
TIBURON, MARIN, CA 94920-1415
POLICY PERIOD From: 07/19/00 To: 07/19/01
( 1 2:01A.M. standard time at location of the residence premises)
COVERAGES AND LIMITS OF LIABILITY
SECTION I A. Dwelling
C. Personal Property
D. Loss of Use (UP TO 12 MONTHS)
SECTION II E. Personal Liability - Each Occurrence
F. Medical Payments to Others - Each Person
$394,000
$295,500
$78,800
$500,000
$ 1 ,000
Your premium has already been reduced by the following:
FIRE/BURGLARY CREDIT $29.49 CR
BASIC PREMIUM $1,463.02
OTHER COVERAGES AND ENDORSEMENTS
Form and Endorsements are printed on the following page.
DEDUCTIBLES (SECTION I ONLY)
We cover only that part of the loss over the deductible stated.
ALL PERILS $1,000
$375.64
DEDUCTIBLE CREDIT
$545.57
TOTAL PRORATED RETURN
$117.96
t .......................................................................................
..... ..,......... ....... ................ .., .... ............,....... .....................................
.~.~..~S.~~~.~fAElILL.~:~ T.:.~.:.~.:.....:.?F?~~?~.U
FIRST MORTGAGEE:
GMAC MORTGAGE CORPORATION
ITS SUCCESSORS AND/OR ASSIGNS
PO BOX 57003
IRVINE,CA 92619-7003
LOAN NR
0010024461
In Witness Whereof, this policy is signed on 06/13/00
~~
Robert G. Davis
Attorney-in-Fact
REFER TO YOUR POLICY FOR OTHER COVERAGES, LIMITS AND EXCLUSIONS.
ATTACH THIS DECLARATION TO PREVIOUS POLICY
HO -01 (04-93)
LAST PAGE 4
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USlv\@
UNITED SERVICES AUTOMOBILE ASSOCIATION
AMENDED DECLARATIONS PAGE - EFFECTIVE 07/19/00
Pol icy Number
USAA 00022 26 30 93A
Policy Term: 07/19/00
Inception
07/19/01
Expiration
SPECIFICALLY LISTED BELOW ARE THE DECLARATIONS AND PREMIUMS FOR ENDORSEMENTS MADE A
PART OF THIS POLICY AT THE TIME OF ISSUE. THE ENDORSEMENTS ARE ATTACHED STATING
TERMS AND CONDITIONS.
IN FORCE QR3 (04-93) QUICK REFERENCE-SPECIAL FORM
IN FORCE HO-3R (04-93) HOMEOWNERS SPECIAL FORM
IN FORCE HO-CA (06-99) CALIFORNIA SPECIAL PROVISIONS
IN FORCE 438BFU NS (05-42) LENDER'S LOSS PAYABLE ENDORSEMENT
IN FORCE HO-17 (04-94) ADJUSTED BUILDING COST
IN FORCE HO-90CA (04-93) CALIFORNIA WORKERS COMPENSATION
IN FORCE HO-216 (04-93) FIRE/BURGLARY PROTECTION CREDIT
IN FORCE HO-150 (04-93) HOME PROTECTOR PLUS
IN FORCE HO-70 (04-93) RESIDENCE RENTED TO OTHERS
IN FORCE HO-728 (06-97) REPLACEMENT COST COVERAGE
REASON (S) FOR CHANGE:
$221.18
$21.75
$132.71
CHANGE PROTECTION CLASSIFICATION INFORMATION
PROPERTY LOCATION
DEDUCTIBLE CLAUSE
CONSTRUCTION
ROOF DESCRIPTION
HO-D2 (04-93)
06/13/00
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USM(R)
PAGE 1
MAIL MCH-M-I
DECEMBER 26, 2000
AUTOMOBilE POLICY PACKET
USAA 00022 26 30 7101 6
JAMES G WILSON
CAPT USN RET
394 HILARY DR
TIBURON CA 94920-1415
EFFECTIVE JAN 28 2001 TO JUL 28 2001
Read enclosures carefully and keep them with your policy records.
Contract, Declarations, Endorsements
Form # Title
5000 - DECLARATIONS
SUPDECCW - SUPPLEMENTAL INFORMATION
Information/Explanation Forms
Form #
AAWER
200CA (09)
260 (01)
663CA (08)
5647 (07)
R99CA (09)
4 1 CA (13)
Title
- REGIONAL V.P. LETTER
- CALIFORNIA AUTO DISCOUNTS
- TOWING AND LABOR ORDER
- AUTO INS IN CALIFORNIA
- MERIT RATING PLAN
- CA UM COVERAGES
- CA AUTOMOBILE INSURANCE
FOR CAllS WITHIN THE U.S.:
Policy Service 1-800-531-8111
Claims 1-800-531-8222
IMPORTANT MESSAGES
THIS IS NOT A Bill. Any premium charge or change for this policy will be reflected on your
next regular monthly state{llent. Please do not disregard your current billing statement.
ID CARDS ENCLOSED - IF STOPPED BY THE POLICE, YOU MUST HAVE THIS CARD
WITH YOU. YOUR ID CARDS ARE ATTACHED AS THE LAST ITEM IN THE PACKET.
SEE SUPPLEMENTAL INFORMATION PAGE, IMMEDIATELY FOLLOWING THE DECLARATIONS
PAGE, FOR ANY PREMIUM DISCOUNTS THAT ARE BEING APPLIED TO YOUR POLICY.
FOR IMPORTANT INFORMATION ON UNINSURED MOTORIST BODILY INJURY COVERAGE AND
UNINSURED MOTORIST PROPERTY DAMAGE COVERAGE, SEE FORM R99CA.
TOWING AND LABOR COVERAGE NOW INCLUDES A NEW FEATURE CALLED USAA ROADSIDE
ASSIST. PLEASE SEE FORM 260 FOR MORE INFORMATION.
FOR INFORMATION ABOUT COVERAGES AND DISCOUNTS, SEE FORMS 41CA AND 200CA.
MeS01
Thank you for letting us serve you. We appreciate your business.
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UNITED SERVICES AUTOMuolLE ASSOCIATION
ADDL INFO r" NEXT PAGE
~\ . JEW A L 0 F
PAGE 3
MAIL MCH-M-I
~ (A RECIPROCAL INTERINSURANCE EXCHANGE) Stale I 07 I 09 11 0 I I v" I POLICY NUMBER
~@ 9800 Fredericksburg Road - San Antonio, Texas 78288 CA13 8113 8113 811 NXr 00022 26 30U 7101 6
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CALIFORNIA AUTO POLICY POll CY PER 100: (12:01 A.M. standard time)
RENEWAL DECLARATIONS EFFECTIVE JAN 28 2000 TO JUL 28 2000
(ATTACH TO PREVIOUS POLICY) OPERATORS
Named Insured and Address 01 JAMES G WILSON
02 JOAN H WILSON
JAMES G WILSON
CAPT USN RET
394 HILARY DR
TIBURON CA 94920-1415
Description of Vehicle(s) VEH USE .. WORK/SCHOOl
ANNUAL Miles Days
VEH YEAR TRADE NAME MODEL BODY TYPE MilEAGE IDENTIF ICA TION NUMBER SYM ~~e ::~k
07 81 MTR HOME DOLPHIN 1000 1FTEF15E4BRA15808 9 P
09 89 MAZDA 626 SED 4D 3000 JM1GD2224K1759745 1 1 P
10 92 BMW 3251 SED 4D 2000 WBACB4313NFF94266 23 P
rhe Vehicle(s) described herein is principally garaged at the above address unless otherwise stated.l* W/C=Work/School; B=Business; F=Farm; P=Pleasul
VEH 10 TIBURON CA 94920-1415
VEH 07' TIBURON CA 94920-1415
VEH 09 TIBURON CA 94920-1415
This pol icy provides ONLY those coverages for which
a premium is shown below.
COVERAGES LIMITS OF LIABILITY
(" ACV" MEANS ACTUAL CASH VALUE)
)ART A - LIABILITY
BODILY INJURY EA PER $ 300,00
EA ACC $ 500,00
PROPERTY DAMAGE EA ACC $ 50,00
EXTENDED LIABILITY
6-MONTH PREMIUM $ 3.81 OP # 01
)ART B - MEDICAL PAYMENTS
EA PER $ 10,00
EXTENDED BENEFITS
WAGE EARNER DISAB $1,000 MO
ESSENTIAL SVCS DISAB $45 WK
EXTENDED MED PAY
6-MONTH PREMIUM $ 7'.00 OP # 01
)ART C - UNINSURED MOTORISTS
BODILY INJURY EA PER $ 300,00
EA ACC $ 500,00
)ART D - PHYSICAL DAMAGE COVERAGE
COMPREHENSIVE LOSS ACV LESS
COLLISION LOSS ACV LESS
TOWING AND LABOR
VEH VEH VEH VEH
07 6-MONTH 09 6-MONTH 10 6-MONTH
D=DED PREMIUM D=DED PREMIUM D=DED PREMIUM D=DED PREMIUM
AMOUN $ AMOUN $ AMOUN $ AMOUN $
43.02
38.86
33.9
29.3
11 .52
8.3
4.0
3.9
D 10
D 30
23.09
19.2 D 10
53.24D 30
4.00
8.1
12.7
37.0
TOTAL PREMIUM - SEE FOLLOWING PAGE(S)
:NDORSEMENTS: ADDED 01-28-00 - A137(01)
~EMAIN IN EFFECT(REFER TO PREVIOUS POLICY)- 5100CA(01) A070(02)
[NFORMATION FORMS(NOT PART OF POLICY)- AAWER 200CA(09) 260(01)
5647(07) R99CA(09) 41CA(13) 960
35.2
30.6
6.8
3.0
10
30
8.5
37.8
75.1
*** 13580(02)
663CA(08)
PAGE 4
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UNITED SERVICES AUTOMlJolLE ASSOCIATION
--,. (A RECIPROCAL INTERINSURANCE EXCHANGE) State I I I I I V'hl POLICY NUMBER
:t1SAA @ 9800 Fredericksburg Road - San Antonio, Texas 78288 CA I I I I NXr 00022 26 30U 7101 6
-
CALIFORNIA AUTO POLICY POLICY PERIOD: (12:01 A.M. standard time)
RENEWAL DECLARATIONS EFFECTIVE JAN 28 2000 TO JUL 28 2000
(ATTACH TO PREVIOUS POLICY)
Named Insured and Address
JAMES G WILSON
CAPT USN RET
394 HILARY DR
TIBURON CA 94920-1415
Jescription of Vehicle(s) VEH USE * WORK/SCHOOL
ANNUAL Miles Days
IEH YEAR TRADE NAME MODEL BODY TYPE IDENTIFICATION NUMBER SYM One Per
MILEAGE Way Week
he Vehicle(s) described herein is principally garaged at the above address unless otherwise stated.l* W/C=Work/School; B=Business; F=Farm; P=Pleasure
This policy provides ONLY those coverages for which VEH VEH VEH VEH
a premium is shown below.
COVERAGES LIMITS OF LIABILITY D=DED PREMIUM D=DED PREMIUM D=DED PREMIUM D=DED PREMIUM
(" ACV" MEANS ACTUAL CASH VALUE) AMOUN $ AMOUN $ AMOUN $ AMOUN $
EHICLE TOTAL PREMIUM
6 MONTH PREMIUM $ 538.60
,E FOLLOWING COVERAGE(S) DEFINED IN THIS POLICY ARE NOT P OVID D FOR:
VEH 07 - RENTAL REIMBURSEMENT
VEH'09 - RENTAL REIMBURSEMENT, T WING AND LABOR
VEH 10 - RENTAL REIMBURSEMENT, T WING AND LABOR
196.93
133.4
197.3
e
H
I WITNESS WHEREOF, the Subscribers at UNITED SERVICES AUTOMOBILE ASSOCIATION have caused these:mes tS;~be signed by
leir Attorney-in-Fact on this date DECEMBER 23, 1999
.-
Robert T. Herres
General. USAF (Retired)
Inn lJ
PAGE 5
USAA 00022 26 30 7101
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SUPPLEMENTAL INFORMATION
EFFECTIVE JAN 28 2000 TO JUL 28 2000
The following approximate premium discounts or credits have already been applied to reduce your policy
premium costs.
NOTE: Age or senior citizen status, if allowed by your state/location, was taken into consideration when your
rates were set and your premiums have already been adjusted.
VEHICLE 09
GOOD DRIVER DISCOUNT
LOW ANNUAL MILEAGE DISCOUNT
MULTI-CAR DISCOUNT
VEHICLE 10
GOOD DRIVER DISCOUNT
LOW ANNUAL MILEAGE DISCOUNT
MULTI-CAR DISCOUNT
PASSIVE RESTRAINT DISCOUNT
-$ 34.04
-$ 66.84
-$ 58.81
-$ 50.33
-$ 104.91
-$ 92.31
-$ 4.19
USAA 00022 26 30
PAGE 6
7101
AMENDMENT OF POLICY PROVISIONS
CALIFORNIA
This endorsement amends the policy as follows:
PART C - UNINSURED MOTORISTS BODILY INJURY COVERAGE
and UNINSURED MOTORISTS PROPERTY DAMAGE COVERAGE
Part C is amended as follows:
DEFINITION C. is replaced by the following:
C. Property Damage, (referred to as PD), as
used in this part, means loss or damage to
your covered auto resulting from collision
due to an automobile accident. However, PD
,does not include loss of use of your covered
auto or damages to personal property.
contained in your covered auto other than a
child passenger restraint system that
1. Meets the applicable federal motor vehicle
safety standards; and
2. Was in use by a child during an accident
for which this coverage applies.
A137(01) 11-99