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HomeMy WebLinkAboutcocc_council_mtg_packet_20230321CAPE CANAVERAL CITY COUNCIL REGULAR MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 AGENDA March 21, 2023 6:00 P.M. Please email public comments before noon to: cityclerk@cityofcapecanaveral.org For remote options, please visit: www.cityofcapecanaveral.org/city_meetings CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF AGENDA AS WRITTEN OR WITH AMENDMENTS All Agenda Section times are estimates and subject to change. PRESENTATIONS/INTERVIEWS I 6:00 p.m. - 6:20 p.m. Presentation of Proclamation declaring April as "Water Conservation Month" to James Cannon, Intergovernmental Coordinator from the St. Johns River Water Management District. Presentation of a Proclamation in observance of March 29, 2023 as National Vietnam War Veterans Day to Post Commander Gerald "Jerry" Mierle, Veterans of Foreign Wars Post 10131 in Cape Canaveral, to honor Vietnam Veterans and their families on behalf of a grateful nation. PUBLIC PARTICIPATION: Any member of the public may address any items that do not appear on the agenda and any agenda item that is listed on the agenda for final official action by the City Council excluding public hearing items which are heard at the public hearing portion of the meeting, ministerial items (e.g. approval of agenda, minutes, informational items), and quasi-judicial or emergency items. Citizens will limit their comments to three (3) minutes. The City Council will not take any action under the "Public Participation" section of the agenda. The Council may schedule items not on the agenda as regular items and act upon them in the future. CONSENT AGENDA I 6:35 p.m. — 6:40 p.m. 1. Approve the Minutes of the City Council February 7, 2023 Workshop, and February 21, 2023 Workshop and Regular Meetings. 2. Resolution No. 2023-03; adopting a Golf Cart Local City Road Network Map within the jurisdictional limits of the City of Cape Canaveral; authorizing the purchase and installation of appropriate signage along said local street network; incorporating the Golf Cart Network Map into Chapter 74, Article IV of the City Code; providing for the repeal of prior inconsistent resolutions, severability and an effective date. 3. Approve purchase and replacement of a new Air/Light Truck, in the amount of $600,000, as included in the FY22-23 Budget of Cape Canaveral Fire/Rescue Equipment. 4. Approve Right of Entry and Installation Agreement between Wave Development, LLC (Owner) at 8801 Astronaut Boulevard and the City of Cape Canaveral in the amount $49,508 and Authorize City Manager to execute same. City of Cape Canaveral, Florida City Council Regular Meeting • March 21, 2023 Agenda • Page 2 of 2 PUBLIC HEARING I 6:40 p.m. — 6:50 p.m. 5. Ordinance No. 04-2023; updating construction standards related to the National Flood Insurance Program (NFIP) and participation in the NFIP's Community Rating System; amending Chapter 90, Article II Floodplain Management; amending Chapter 82, Buildings and Building Regulations; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date, first reading. ITEMS FOR DISCUSSION I 6:50 p.m. — 7:10 p.m. 6. Discuss tasking Jason Steele, City of Cape Canaveral Legislative Advocate, to work toward repeal or clarification of Senate Bill 4-D and relief of insurance premium increases for Florida homeowners. (Submitted by Council Member Willis) 7. Discuss Parks, Recreation & Community Affairs department participation in bicycle safety certification provided by the Space Coast Transportation Organization. (Submitted by Council Member Willis) REPORTS I 7:10 p.m. — 7:20 p.m. INFORMATIONAL I Items are presented for informational purposes only; no action to be taken. 8. Monthly Financial Report —January 2023 9. ProChamps Update ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting. The facility is accessible to the physically handicapped. Persons with disabilities needing assistance to participate in the proceedings should contact the City Clerk's office [(321) 868-1220 x207 or x206] 48 hours in advance of the meeting. CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • MARCH 21, 2023 AGENDA ITEM SUMMARY • PRESENTATIONS/INTERVIEWS Subject: Presentation of Proclamation declaring April as "Water Conservation Month" to James Cannon, Intergovernmental Coordinator from the St. Johns River Water Management District. Department: Legislative Summary: The St. Johns River Water Management District (SJRWMD) is working with the State of Florida, other water management districts, local governments and water supply utilities to increase awareness about the importance of water conservation and to increase efforts to conserve water. Even though over 70% of the Earth's surface is covered by water, it is estimated that only 0.5% to 1 % of this available supply is drinkable. SJRWMD encourages/supports water conservation through its water supply planning processes, coordination of educational programs and special events, cooperative funding programs, technical assistance and regulatory programs. The month of April is typically a dry one when water demands are most acute. For this reason, SJRWMD and the State of Florida designate this month as Florida's Water Conservation Month to encourage Floridians to conserve the State's precious resource. Along with this, local governments are also encouraged to designate April as Water Conservation Month. Present tonight is James Cannon, Intergovernmental Coordinator from SJRWMD. Submitting Council Member: Mayor Wes Morrison Attachment: Proclamation Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo The City Manager recommends the City Council take the following action: Present Proclamation to Mr. Cannon. Approved by City Manager: Todd Morley Official Proclamation City Of Cape Canaveral, Florida WHEREAS, the City of Cape Canaveral's surrounding natural environment, the ecosystem, and unique beauty it affords are the foundation of our community; and WHEREAS, the planet's environment is currently facing numerous perils from human -related activities that must be addressed, including a loss of biodiversity, extreme weather, sea level rise, and freshwater depletion; and WHEREAS, water is a basic and essential need of every living creature; and WHEREAS, the State of Florida, the Saint John's River Water Management District, the City of Cocoa Water Utilities, and the City of Cape Canaveral are working together to increase awareness about the importance of water conservation and stewardship; and WHEREAS, the City of Cape Canaveral and the State of Florida has designated April, typically a dry month when water demands are most acute, Florida's Water Conservation Month, to educate citizens about how they can help save Florida's precious water resources; and WHEREAS, the City of Cape Canaveral has always encouraged and supported water conservation, through various educational programs and special events; and WHEREAS, every business, industry, school and resident can make a difference when it comes to conserving water; and WHEREAS, every business, industry, school and citizen can help by saving water and thus promote a healthy economy and community; and WHEREAS, the City of Cape Canaveral will continue to support and expand initiatives that enhance water -based sustainability and resiliency in order to improve the safety, security and wellbeing of residents both now and in the future. NOW, THEREFORE, I , Wes Morrison, Mayor of the City of Cape Canaveral, Brevard County, Florida, do hereby proclaim the month of April 2023 as WATER CONSERVATION MONTH in the City of Cape Canaveral to help protect our precious resources by practicing water -saving measures and becoming more aware of the need to save water. Signed and Sealed this _ Day of _, _ _ Mayor CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • MARCH 21, 2023 AGENDA ITEM SUMMARY • PRESENTATIONS/INTERVIEWS Subject: Presentation of a Proclamation in observance of March 29, 2023 as National Vietnam War Veterans Day to Post Commander Gerald "Jerry" Mierle, Veterans of Foreign Wars Post 10131 in Cape Canaveral, to honor Vietnam Veterans and their families on behalf of a grateful nation. Department: Legislative Summary: On March 29, 1973 the United States Military Assistance Command Vietnam was disestablished and the last of the U.S. Combat Troops departed Vietnam. The Vietnam War Veterans Recognition Act of 2017, signed into law on March 28, 2017, amends title 4 of the United States Code, section 6(d) to include National Vietnam War Veterans Day as an important occasion on which the U.S. flag should be raised. The Veterans of Foreign Wars (VFW) Post 10131 and Auxiliary Chapter of Cape Canaveral operates under the National VFW, a nonprofit veterans service organization comprised of eligible veterans and military service members from the active, guard and reserve forces. The roots of the VFW trace back to 1899 when veterans founded local organizations to secure rights and benefits for their service and which currently provides programs and services that work to support veterans, service members and their families, as well as communities worldwide. Post Commander Gerald "Jerry" Mierle and Medal of Honor recipient Melvin Morris have been invited to this City Council Meeting by Council Member Mickie Kellum, who also serves as the VFW Post 10131 Auxiliary President, to receive this National Vietnam War Veterans Day Proclamation from the City, a U.S. holiday observed annually on March 29. The VFW Post 10131 is presenting the City with a Vietnam War Veterans Flag to be flown the week of National Vietnam Veterans Day March 27-31, 2023. Submitting Council Members: Mayor Morrison and Council Member Kellum Attachment: Proclamation Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo The City Manager recommends the City Council take the following actions: Present the Proclamation and receive the Vietnam War Veterans Flag to be flown the week of National Vietnam Veterans Day March 27-31, 2023. Approved by City Manager: Todd Morley Official Proclamation City Of Cape Canaveral, Florida WHEREAS, throughout the rich history of the United States, patriotic men and women have taken up arms and sworn an oath to defend our nation, establishing an honorable tradition of dedicated service; and WHEREAS, more than 3 million men and women served in the Vietnam War with more than 58,000 making the ultimate sacrifice; more than 304,000 were wounded and more than 1,500 are still missing in action; and WHEREAS, Florida is recognized as one of the most veteran friendly states in the nation, with 1.5 million veterans calling the Sunshine State home; and WHEREAS, according to statistics provided by the American Community Survey, the City of Cape Canaveral is home to 1414 veterans with over 548 being Vietnam War Veterans; and WHEREAS, during March's Women Veterans' History Month, we recognize and honor the women veterans in Florida who served during the Vietnam War; and WHEREAS, the patriotism of those in uniform who continue to defend the timeless truths and great freedoms upon which our nation was founded will continue to make our state and nation proud, and serve as an inspiration for generations to come; and WHEREAS, we will always honor the legacy of our Vietnam Veterans who served, were wounded, or lost their lives in battle and for which we can never repay our debt of gratitude for the courage they displayed; and WHEREAS, The Veterans of Foreign Wars (VFW) Post 10131, established in 1975 with 20 members, has grown to over 300 members of the VFW Post and Auxiliary and continue their duty to improve the lives of veterans, service members and their families, and the Cape Canaveral community; and WHEREAS, this National Vietnam War Veterans Day is an opportunity to honor all Vietnam Veterans and their families and recognize the enormous contributions they continue to make to our state, municipalities and our lives; and NOW, THEREFORE, I , Wes Morrison, Mayor of the City of Cape Canaveral, Brevard County, Florida, do hereby proclaim and extend greetings and best wishes to all observing March 29, 2023 as the annual NATIONAL VIETNAM WAR VETERANS DAY Signed and Sealed this _ Day of _, _ _ Mayor ITEM # 1 DRAFT CAPE CANAVERAL CITY COUNCIL WORKSHOP MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 Tuesday February 7, 2023 4:00 p.m. MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 4:00 p.m. Mayor Pro Tem Raymond led the Pledge of Allegiance. ROLL CALL: Council Members Present: Council Member Mayor Pro Tem Council Member Mayor Council Member Kim Davis Angela Raymond Mickie Kellum Wes Morrison Don Willis Others Present: City Manager City Attorney City Clerk Capital Projects Deputy Director Community+Economic Dev. (C+ED) Dep. Dir. C+ED Senior Planner Parks, Recreation & Community Affairs (PRCA) Director PRCA Deputy Director/Projects and Parks Executive Assistant to City Manager/Office Manager Brevard County Sheriff's Office Deputy Todd Morley Anthony Garganese Mia Goforth Tim Carlisle Zachary Eichholz Kyle Harris Molly Thomas John Mayberry Lisa Day Brittany Mason PUBLIC PARTICIPATION: Cocoa Beach resident Janie McDonald, on behalf of the players in attendance, discussed increasing growth of pickleball throughout the area, support for separation of both tennis and pickleball courts, and satisfaction with the City's new athletics rate/fee system. DISCUSSION: 1. Receive updated Civic Hub Project information and provide feedback for Kimley-Horn & Associates, Inc. (KHA) to understand community needs to be addressed in re -development of the Civic Hub footprint, providing KHA with the necessary information to begin conceptual materials for upcoming community outreach sessions: City Manager Morley provided a brief overview of the Civic Hub Project, how this will be one of three workshops providing residents an opportunity speak about what the Civic Hub area should be, including needed versus wanted amenities. PRCA Director Thomas discussed the history of the Nancy Hanson Recreation Complex, and surrounding area eligible for the Cape Canaveral Civic Hub depicted in the Conceptual Footprint Area Programming Diagram included in the Agenda Packet. Discussion ensued and included stormwater opportunities, concerns over Center Street drainage, Master Planning of the Project, how stormwater vaults can handle light amenities on top of the Civic Hub area such as City of Cape Canaveral, Florida DRAFT City Council Workshop Meeting • January 7, 2023 Minutes • Page 2 of 3 tennis or pickleball courts, importance of focusing on stormwater design first, and the need to understand above -ground uses and vision. City Manager Morley discussed how the Project grew beyond the original .43 acre design plan formerly referred to as the Promenade Project. Capital Projects Deputy Director Carlisle discussed the status of the permanent pump construction project plans for Center Street are ninety percent complete. Discussion ensued regarding funding for the Center Street Project from either the American Rescue Plan Act (ARPA) or a combination of ARPA and a Department of Environmental Protection Agency Grant should the City receive it, construction can proceed without waiting on the Grant, and the benefits of a possible stormwater pond, which the property owner and the City could work together on. City Manager Morley discussed a proposed timeline for the Civic Hub Project including today's Workshop Meeting, a Community Input Survey from mid -February to March 30, 2023, a Community Workshop Meeting at the end of April 2023, deliverables from KHA by June 15, 2023, a City Council Concept Review Workshop Meeting July 5, Final Conceptual Plans, KHA's cost estimates by September 1, 2023 with FY 23-24 Stormwater elements and FY 24-25 above -ground development. Discussion ensued and included the Mead and Hunt facilities recommendations, recreation revenues from pickleball, shuffleboard, racquetball, tennis and not including programs, surrounding area municipal courts and facilities within Brevard County, private condominium pickleball courts, and desires to balance current needs with future outcomes. KHA Landscape Architecture Professional Zack Hall discussed stormwater issues being incorporated into the Project, impervious streets, Presidential Streets, confirmation that the proposed timeline is feasible, feedback from this Workshop being helpful, and KHA's readiness to absorb more feedback regarding the Civic Hub Project. Community and Economic Development Deputy Director Eichholz discussed/presented poster -size maps containing information related to impervious pavement impacting storm basins, low -impact development practices and the Civic Hub. City Manager Morley discussed potential amenities and activities related to the Civic Hub including creative lighting, restroom facility, farmers markets, resiliency center for people after power outages, distribution point for sandbags and water, performance stage, designated parking areas, benches and theming extending/tying into the City Hall Plaza down through the Civic Hub, a possible "adopt -a -brick" program, accessibility and Universal Design that goes above Code requirements of Americans with Disability Act. Mayor Morrison read a series of emails into the record (attached). Discussion continued regarding construction impacts to Friday Fest, confirmation from Administrative/Financial Services Director DeLeo that funding the Civic Hub and Presidential Streets Projects can be accomplished without raising taxes, and how to move forward with the Project at this juncture. City Manager Morley discussed Staff will bring an agenda item to the February Meeting for Council approval of a proposal from KHA for design in the amount of $98,000. Members of the audience discussed the Project including the importance of public restrooms, pickleball and tennis court needs, traffic safety and a suggestion for barriers along State Road A1A, suggestions for more parking and shade, and the impact the Project will have on the City's trees. Discussion continued regarding the issues brought up by audience members, how the stormwater portion of the Project will slow down relief for tennis and pickleball players, using funds for stormwater projects elsewhere in the City, approaching the Project in a step-by-step process, constituent desires in the Visioning, other ideas for amenities such as a volleyball court, re - purposing some of the buildings at the Nancy Hanson Recreation Complex, preservation of the mural, concerns over impacts to Staff and maintenance costs moving tennis or pickleball courts City of Cape Canaveral, Florida DRAFT City Council Workshop Meeting January 7, 2023 Minutes • Page 3 of 3 to Manatee Sanctuary or Banana River Parks, ideas to re -purpose the racquetball and shuffleboard courts, and next steps. City Manager Morley thanked everyone for attending the Workshop, providing ideas that will inform what the City does moving forward with the Project, and on an unrelated topic, requested a City Council Workshop to review the study regarding golf carts. Council discussion ensued regarding potential conflicts in scheduling a meeting. Council reached consensus to conduct a City Council Workshop on Tuesday, February 21, 2023 at 5:00 p.m. ADJOURNMENT: The Meeting was adjourned at 6:06 p.m. Wes Morrison, Mayor Mia Goforth, City Clerk Mia Goforth From: Wes Morrison Sent: Wednesday, February 8, 2023 9:00 AM To: Mia Goforth Cc: Daniel LeFever Subject: Fwd: Estimate raquete Mia, below is another email I referenced last night and received regarding the workshop. Wes Morrison Mayor City Hall Office 100 Polk Avenue Cape Canaveral, FL 32920 www.City0fCapeCanaveral.org Begin forwarded message: From: joe abreu <abreus2001@gmail.com> Date: February 7, 2023 at 11:08:10 AM EST To: Wes Morrison <W.Morrison@cityofcapecanaveral.org> Subject: Estimate raquete Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org I feel the estimate provided {60K +/-} is a low ball figure. I feel a true estimate by a contractor will be higher. Thank you, for your diligent efforts. Joe Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing. Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing. 1 Mia Goforth From: Wes Morrison Sent: Wednesday, February 8, 2023 10:34 AM To: Mia Goforth Cc: Daniel LeFever Subject: Re: Civic Hub Thank you! Wes Morrison Mayor City Hall Office 100 Polk Avenue Cape Canaveral, FL 32920 www.City0fCapeCanaveral.org On Feb 8, 2023, at 9:12 AM, Mia Goforth <M.Goforth@cityofcapecanaveral.org> wrote: Thank you Mayor! We got them all. Mia Goforth, CMC City Clerk + Records Custodian + ADA Coordinator City of Cape Canaveral (321) 868-1220 x207 100 Polk Avenue — P.O. Box 326 Cape Canaveral, Florida 32920 From: Wes Morrison <W.Morrison@cityofcapecanaveral.org> Sent: Wednesday, February 8, 2023 9:00 AM To: Mia Goforth <M.Goforth@cityofcapecanaveral.org> Cc: Daniel LeFever <D.LeFever@cityofcapecanaveral.org> Subject: Fwd: Civic Hub Mia, below is another email I referenced last night and received regarding the workshop. Wes Morrison Mayor City Hall Office 100 Polk Avenue Cape Canaveral, FL 32920 www.City0fCapeCanaveral.org Begin forwarded message: 1 From: Steven Hardiek <smhsales@cfl.rr.com> Date: February 7, 2023 at 1:28:15 PM EST To: Wes Morrison <W.Morrison@cityofcapecanaveral.org> Subject: Civic Hub Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalerta@cityofcapecanaveral. org Hi, I am in full support of this project. Great for Friday Fest and could host future art shows and a weekly farmers market. This will be visible from A1A and will enhance the look of our community. I'm all for any project to clean up A1A. I hope you are in support of this important project as well. Best regards, Steven Hardiek Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing. Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing. Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing. Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing. 2 Mia Goforth From: Wes Morrison Sent: Wednesday, February 8, 2023 8:58 AM To: Mia Goforth Cc: Daniel LeFever Subject: Fwd: Promenade Workshop Mia, below is another email I referenced last night and received regarding the workshop. Wes Morrison Mayor City Hall Office 100 Polk Avenue Cape Canaveral, FL 32920 www.City0fCapeCanaveral.org Begin forwarded message: From: Scott Campbell <scamp5519@hotmail.com> Date: February 6, 2023 at 12:58:29 PM EST To: Wes Morrison <W.Morrison@cityofcapecanaveral.org> Subject: Promenade Workshop Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org What's this about "reimagining" the Promenade at the Workshop meeting? Would this re -do of the Promenade involve a possible ending of Friday Fest??? If so, then I am against it. Scott Campbell 8708 Bay Ct. Cape Canaveral, FL Sent from Mail for Windows Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing. 1 Mia Goforth From: Wes Morrison Sent: Wednesday, February 8, 2023 8:59 AM To: Mia Goforth Cc: Daniel LeFever Subject: Fwd: Civic Hub Mia, below is another email I referenced last night and received regarding the workshop. Wes Morrison Mayor City Hall Office 100 Polk Avenue Cape Canaveral, FL 32920 www.City0fCapeCanaveral.org Begin forwarded message: From: Ginny <vblondie@aol.com> Date: February 6, 2023 at 8:38:54 PM EST To: Wes Morrison <W.Morrison@cityofcapecanaveral.org> Subject: Civic Hub Reply -To: Ginny <vblondie@aol.com> Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org Dear Mayor Wes, I've visited the "promenade" area a couple times to get a feel for what residents use the nearby areas for and what might be a good fit for the future. I saw lots of people strolling, biking, visiting the dog park and parking, perhaps to walk to the Hansen Center. There is quite a bit of traffic noise right there, at the promenade and the perimeter has just the half dozen or so mature trees (oaks, seagrape and palms). I'm not sure of the construction of the storm vaults, but if they are similar to what is under the old softball field, the absence of trees is good. Perhaps the promenade would be a good location for those. I have two suggestions for the promenade; a gravel exercise path with native plants or a skate park. Both well lit with fun colored lighting and downward pointing lights. I'm still tender about the damage and eventual removal of the specimen oak at the community center, but I am hopeful any plan will protect what are 40+ year old trees. 1 Thanks for asking for my input. Thank you for all you do for our community! Ginny Dirschka Attached...my 4yo grandson skateboarding in the city! Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing. [Photo of skateboarders on an urban city sidewalk] 2 Mia Goforth From: Wes Morrison Sent: Wednesday, February 8, 2023 8:58 AM To: Mia Goforth Cc: Daniel LeFever Subject: Fwd: Civic Hub workshop Mia, below is another email I referenced last night and received regarding the workshop. Wes Morrison Mayor City Hall Office 100 Polk Avenue Cape Canaveral, FL 32920 www.City0fCapeCanaveral.org Begin forwarded message: From: Linda Hagen <newlinda59@gmail.com> Date: February 6, 2023 at 7:51:04 AM EST To: Wes Morrison <W.Morrison@cityofcapecanaveral.org> Subject: Civic Hub workshop Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org Mayor Morrison, I may not be able to attend but I have a few thoughts on the Civic Hub project. 1. Safety - IMO this is a dangerous area for groups of people to gather. It is located at a hazardous portion of SR A1A. I can only imagine the horror of having a vehicle vs a large crowd of people accident. Please do not incorporate an area for a large gathering of people. 2. Road Closure - I do support the partial closure of Taylor Ave. Remember that parking in that area is needed for dog park patrons, racquetball court users, and the Nancy Rec Center users. 3. Landscaping - The area that faces SR A1A should be landscaped with trees/bushes that can act as a barrier to sound from vehicle traffic. Sincerely, Linda Hagen 1 Linda Hagen 321-591-3265 Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing. Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing. 2 Mia Goforth From: Wes Morrison Sent: Wednesday, February 8, 2023 9:00 AM To: Mia Goforth Cc: Daniel LeFever Subject: Fwd: Civic Hub Mia, below is another email I referenced last night and received regarding the workshop. Wes Morrison Mayor City Hall Office 100 Polk Avenue Cape Canaveral, FL 32920 www.City0fCapeCanaveral.org Begin forwarded message: From: Steven Hardiek <smhsales@cfl.rr.com> Date: February 7, 2023 at 1:28:15 PM EST To: Wes Morrison <W.Morrison@cityofcapecanaveral.org> Subject: Civic Hub Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org Hi, I am in full support of this project. Great for Friday Fest and could host future art shows and a weekly farmers market. This will be visible from A1A and will enhance the look of our community. I'm all for any project to clean up A1A. I hope you are in support of this important project as well. Best regards, Steven Hardiek Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing. 1 Mia Goforth From: Wes Morrison Sent: Wednesday, February 8, 2023 8:57 AM To: Mia Goforth Cc: Daniel LeFever Subject: Fwd: Designated Pickleball Courts Mia, below is an email I referenced last night and received regarding the workshop. I will send all of them now. Wes Morrison Mayor City Hall Office 100 Polk Avenue Cape Canaveral, FL 32920 www.City0fCapeCanaveral.org Begin forwarded message: From: Janie McDonald <mcdonaldjane.jm@gmail.com> Date: February 6, 2023 at 6:43:43 AM EST To: City Clerk <CityClerk@cityofcapecanaveral.org> Cc: Wes Morrison <W.Morrison@cityofcapecanaveral.org> Subject: Designated Pickleball Courts Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org From: Janie McDonald Sent: Monday, February 6, 2023 6:28 AM To: w.morrison@citvofcapecanaveral.org Subject: Civic Hub Feedback Hi Wes: I didn't see Pickleball court expansion specifically listed. Will there be a designated pickleball court expansion area included in current and future studies? Can pickleball please be discussed this Tuesday 02/07 at 4pm?? Please let me know if you need any information form me. 1 Thank you! Janie McDonald USAPA Pickleball Ambassador — Brevard County/Cape Canaveral Specific Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing. Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing. 2 From: Janie McDonald To: City Clerk Cc: Wes Morrison Subject: Designated Pickleball Courts Date: Monday, February 6, 2023 6:43:43 AM From: Janie McDonald Sent: Monday, February 6, 2023 6:28 AM To: w.morrison@cityofcapecanaveral.org Subject: Civic Hub Feedback Hi Wes: I didn't see Pickleball court expansion specifically listed. Will there be a designated pickleball court expansion area included in current and future studies? Can pickleball please be discussed this Tuesday 02/07 at 4pm?? Please let me know if you need any information form me. Thank you! Janie McDonald USAPA Pickleball Ambassador — Brevard County/Cape Canaveral Specific From: Gwendolyn Hagar To: City Clerk Subject: Workshop Meeting - February 7, 2023 Date: Tuesday, February 7, 2023 3:14:57 AM I would like to submit a suggestion for the City Council Workshop February 7, 2023 Designated Pickleball Courts so that we can host more county wide and statewide competitions. Make it like "Pictona" in Daytona. We need more courts because the courts inside the Community Center and the courts outside at Nancy Hansen are not enough. Perhaps we could install more at Manatee Park? Respectfully, Gwendolyn Hagar Resident of Cape Canaveral Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing. DRAFT CAPE CANAVERAL CITY COUNCIL WORKSHOP MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 Tuesday February 21, 2023 5:00 p.m. MINUTES At 5:03 p.m., City Manager Morley announced that, in absence of Mayor Morrison and Mayor Pro Tem Raymond, those Council Members present should act to elect a Chair to preside over the Workshop Meeting. A motion was made by Council Member Davis, seconded by Council Member Kellum, to have Council Member Willis be the temporary presiding officer. The motion carried 3-0, with Mayor Morrison and Mayor Pro Tem Raymond absent. CALL TO ORDER: The Chair called the Meeting to Order at 5:04 p.m. Council Member Kellum led the Pledge of Allegiance. ROLL CALL: Council Members Present: Council Member Council Member Council Member Kim Davis Mickie Kellum (arrived 5:02 p.m.) Don Willis Council Members Absent: Mayor Wes Morrison Mayor Pro Tem Angela Raymond Others Present: City Manager City Attorney City Clerk Deputy City Clerk Administrative/Financial Services Director Community + Economic Development (C+ED) Director C+ED Deputy Director C+ED Senior Planner HR/Risk Management Director Public Works Services Deputy Director Executive Assistant to City Manager/Office Manager Brevard County Sheriff's Office Commander Brevard County Sheriff's Office Lieutenant Todd Morley Anthony Garganese Mia Goforth Daniel LeFever John DeLeo Dave Dickey Zachary Eichholz Kyle Harris Melinda Huser Jessica Erdman Lisa Day Byron Keck Scott Molyneaux PUBLIC PARTICIPATION: None. DISCUSSION: 1. Review the Kimley-Horn & Associates Inc. (KHA) Traffic Study (Study) regarding the operation of golf carts on specifically designated roadways, and provide feedback to Staff for City of Cape Canaveral, Florida DRAFT City Council Workshop Meeting • February 21, 2023 Minutes • Page 2 of 2 program implementation: City Planner Harris provided a brief overview of the Item. KHA Professional Engineers Colleen McGue and Amber Gartner made the presentation to Council. Discussion ensued and included City Manager Morley's correction to the illustration of signage on slide 10 of the presentation to ensure those actual signs will read "No Golf Carts...", desire to amend the Golf Cart Network Map after Oak Lane gets paved, reasons for and impacts of limited places to cross State Road A1A in golf carts, many other cities in Florida having been grandfathered in before new guidelines were adopted, the City's jurisdiction over its own roadways, whether Port Canaveral has its own golf cart policy or not, several points of interest in traveling to the Port from the City by golf cart, KHA's determination there is no safe place to turn a golf cart around at the northern end of North Atlantic Avenue into Port Canaveral due to heavy traffic and private property. Shannon Roberts, resident, discussed concerns regarding heavy North Atlantic Avenue traffic related to cruise terminals and space launches, the dangers of electric scooters, and the several lights out on the roadway. Council Member Willis indicated the Study is a recommendation, which the City is not bound to, and thanked Ms. McGue and Ms. Gartner for the presentation. Lisa Elam, resident, discussed support and appreciation to Council for the Study. Discussion ensued and included how private developments such as Portside Villas and Villages of Seaport are not included in the Study due to the fact those are private streets not controlled by the City, and the idea of having KHA assist the City with implementation schedules. City Planner Harris discussed the plan for next steps from Staff's perspective involve implementation schedules, registration and enforcement. C+ED Deputy Director/Sustainability Manager Eichholz discussed how golf carts will not be swarming the streets until more work is done and there will be many opportunities for public education moving forward. ADJOURNMENT: The Workshop Meeting was adjourned at 5:49 p.m. Don Willis, Council Member Mia Goforth, City Clerk DRAFT CAPE CANAVERAL CITY COUNCIL REGULAR MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 Hybrid Meeting via GoToWebinar Tuesday February 21, 2023 6:00 p.m. MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:00 p.m. Council Member Davis led the Pledge of Allegiance. ROLL CALL: Council Members Present: Council Member Council Member Mayor Mayor Pro Tem Council Member Kim Davis Mickie Kellum Wes Morrison Angela Raymond (via Webinar) Don Willis Others Present: City Manager City Attorney City Clerk Administrative/Financial Services Director Capital Projects Director Capital Projects Deputy Director Community and Economic Development (C+ED) Director C+ED Deputy Director/Sustainability Manager C+ED Senior Planner Parks, Recreation & Community Affairs (PRCA) Director PRCA Deputy Director/Projects and Parks Public Works Services Director Executive Assistant to the City Manager/Office Manager Brevard County Sheriff's Office Commander Brevard County Sheriff's Office Lieutenant Todd Morley Anthony Garganese Mia Goforth John DeLeo Jeff Ratliff Tim Carlisle Dave Dickey Zachary Eichholz Kyle Harris Molly Thomas John Mayberry June Clark Lisa Day Byron Keck Scott Molyneaux APPROVAL OF AGENDA AS WRITTEN OR WITH AMENDMENTS: A motion was made by Council Member Willis, seconded by Council Member Davis, to approve the Agenda as written. The motion carried 5-0. PRESENTATIONS/INTERVIEWS: Presentation of Proclamation declaring March 2023 as "Irish -American Heritage Month" in the City of Cape Canaveral to Keith Reynolds, representing The Ancient Order of the Hibernians: City Manager Morley read the Proclamation while Mayor Morrison presented it to Keith Reynolds, President, Brevard County Division 2, of the Ancient Order. Mr. Reynolds thanked Council, discussed the history of the Organization, and encouraged all to attend the St. Patrick's Day Parade in the City of Melbourne on Saturday, March 18, 2023. City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • February 21, 2023 Minutes • Page 2 of 4 Presentation by Beep, Inc. representative Brandon Corsentino to review autonomous vehicle technologies, collaborative efforts, and implementation opportunities within Brevard County: C+ED Deputy Director/Sustainability Manager Eichholz explained the Item and introduced Mr. Corsentino. Mr. Corsentino made the presentation and provided answers to Council including that his company has not approached Port Canaveral yet and there will be a park-n-ride feature available. Council thanked Mr. Corsentino. Mr. Corsentino extended an invitation to the City Council to visit Beep offices in Lake Nona, Florida. Annual Audited Financial Statements and Independent Auditor's Report for the Fiscal Year ended September 30, 2022 — Presentation by Michael Messano, James Moore & Co.: Mr. Messano made the presentation, and thanked the Financial Services Department for their hard work. Administrative/Financial Services Director DeLeo discussed Staff dedication and thanked the Auditors. Interview Jason Steele for consideration as the City of Cape Canaveral's Legislative Representative: Mr. Steele addressed Council, discussed his professional background and experience, relationship with Mayor Morrison, and how State legislative bills could impact the City this session. Discussion ensued and included the importance of defending Home Rule, Mr. Steele's positive relationships and connections to elected officials throughout the area, importance of meeting with the City Council before Florida's Legislative Action Days in April to discuss strategy and items of business important to Council, Mr. Steele's assurance that he does not get involved in the political side of issues, Mr. Steele's time commitment to Council, and the discounted monthly fee of $1,500 versus $2,500 the City will be receiving. PUBLIC PARTICIPATION: Shannon Roberts, resident, discussed concerns regarding Florida Senate Bill 4, related to certain condominium homeowner associations, and management of beach dunes. Scott Watson, resident, discussed concerns regarding desires to expand pickleball in the City. Mayor Pro Tem Raymond discussed competitive tennis and court schedules in the City. CONSENT AGENDA: Mayor Pro Tem Raymond removed Item 4. 1. Approve the Minutes of the City Council January 17, 2023 Regular Meeting. 2. Resolution No. 2023-02; modifying and updating the City's list of State Road A1A Improvement Priorities; requesting the Florida Department of Transportation provide an updated traffic study for the portion of State Road A1A located within the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. 3. Accept the Annual Audited Financial Statements and Independent Auditor's Report for the Fiscal Year ended September 30, 2022. 4. Accept the Kimley-Horn & Associates Inc. (KHA) Traffic Study (Study) regarding the operation of golf carts on specifically designated City roadways, and direct Staff to draft a resolution incorporating the recommendations of the Study. 5. Approve ranking of civil engineers/firms by the City's Selection Committee for the position of City Engineer. 6. Authorize the City Manager to execute Letter of Agreement with Jason Steele to serve as the City of Cape Canaveral's Legislative Representative. A motion was made by Council Member Willis, seconded by Council Member Kellum, to approve the Consent Agenda Items 1,2,3,5 & 6. The motion carried 5-0. #4 Discussion ensued regarding concerns over the current and future safety and security of the City related to golf carts including crossing State Road A1A in the dark, users not wearing City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • February 21, 2023 Minutes • Page 3 of 4 seatbelts, small children in golf carts, the City's priority should be for the overall public not just a small majority of people, community support for and against the issue, enforcement burdens on Staff and law enforcement, Harbor Heights area issues regarding speeding and minors using golf carts, electric bike issues, golf carts now being driven on the streets, adoption of the recommendations gives the City control over safety regulation, the ability to restrict certain areas from golf carts such as grassy areas of City parks, the City's relationship with Port Canaveral, revenues, and bringing a resolution back to Council to adopt the recommendations of the Study. A motion was made by Council Member Davis, seconded by Council Member Willis, to approve Item 4, as written. The motion carried 5-0. PUBLIC HEARINGS: 7. Ordinance No. 02-2023; amending the Solid Waste Agreement between the City and Waste Pro of Florida, Inc., pursuant to Section 2.12 of the City Charter, to adopt a new residential and commercial rate and extend the term of the franchise until September 30, 2027; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date, second reading: City Attorney Garganese read the title into the record and explained the Item. The Public Hearing was opened. There being no comment, the Public Hearing was closed. Discussion ensued and included the twenty (20) cubic yard Construction and Demolition Debris Dumpster Roll -Off Exclusion and impacts were it to be removed. A motion was made by Council Member Davis, seconded by Council Member Willis, to adopt Ordinance No. 02-2023 as written, at second reading. The motion carried 5-0. 8. Ordinance No. 03-2023; amending Chapter 22 — Community Development to modify the duties of the Business and Economic Development Board to include serving in the role of the City of Cape Canaveral Community Redevelopment Agency Advisory Board; providing for the purpose and duties of the City of Cape Canaveral Community Redevelopment Advisory Board; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date, second reading: City Attorney Garganese read the title into the record and explained the Item. The Public Hearing was opened. Shannon Roberts, resident, expressed support for the Board. The Public Hearing was closed. Discussion ensued and included duties and business of the Board including updating the Economic Action Plan, Community Redevelopment Area training to be provided, scheduling the next Board Meeting for April 2023 after the Strategic Planning Retreat on March 29, 2023, and inviting the Board Members to attend the Retreat. A motion was made by Council Member Kellum, seconded by Council Member Willis, to adopt Ordinance No. 03-2023, at second reading. The motion carried 5-0. ITEMS FOR ACTION: 9. Approve Proposal from Kimley-Horn and Associates, Inc. (KHA) in the amount of $98,600 to prepare the Civic Hub Master Plan and authorize City Manager to execute same: City Manager Morley explained the Item. Discussion ensued and included funding coming out of the 1.2M Loan, design evolvement with input from the public, concern regarding cost, exfiltration and trees, area of eligibility and preliminary draft is not set in stone, possibility of holding off on making a decision by bringing the Item to the Strategic Planning Retreat for ranking, importance of maximizing stormwater storage wherever possible, coordination of the Plan with the Presidential Streets Master Plan, support for moving forward, debate over approving the Item now versus postponing until after the Strategic Planning Retreat, postponement could push the Plan schedule back two months, residents' excitement over the City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • February 21, 2023 Minutes • Page 4 of 4 Civic Hub, and concern over price increases should Council wait. A motion was made by Mayor Pro Tem Raymond, seconded by Council Member Davis, to approve the Proposal from Kimley-Horn in the amount of $98,600 to prepare the Civic Hub Master Plan and authorize the City Manager to execute same. Shannon Roberts, resident, discussed favor for the Item and encouraged the Council to support it now. The motion carried 3-2, with Mayor Morrison and Council Member Kellum voting against. 10. Review, revise as needed, and adopt the updated Community Vision Statement: City Manager Morley explained the Item, read the proposed Statement aloud, discussed how the Statement is used including when Staff brings items to the Council, and the importance of using the content as a guide to connect most everything the City does to its Community Vision Statement. Discussion ensued regarding Council Members support for the Statement and recognition/thanks to Staff for their efforts. A motion was made by Council Member Willis, seconded by Council Member Davis, to adopt the Community Vision Statement. The motion carried 5-0. ITEM FOR DISCUSSION: 11. Electric Vehicle Charging Stations (Submitted by Council Member Willis): Council Member Willis explained the Item and requested Staff provide an update. C+ED Deputy Director Eichholz discussed the contract status between the City and Rivian for electric vehicle (EV) charging station replacement no longer available due to the economic setbacks experienced by the company, how the City should continue exploring other EV charging options for sustainability and resiliency reasons, how EV transportation markets continue to grow quickly, and explained the options Staff is exploring with Florida Power and Light for both fleet and public EV charging stations. Discussion ensued and included support for replacing the City's free EV charging stations with pay options, Council interest in receiving different programs from Staff to choose from, the City's success and leadership in providing EV charging stations to the public, other cities observing the efforts of the City, grants and federal funds available through the Inflation Reduction Act and the American Rescue Plan Act. Council reached consensus to move forward with EV charging stations. REPORTS: City Manager Morley discussed takeaways from the Port Canaveral Mayors' Breakfast with Mayor Morrison, including the Cove Redevelopment District will not be returning and the reason behind why the Port does not open the locks for tidal flushing in order to help the Indian River Lagoon is due to a high investment in the channel depth — having them open brings sediment into the channel. Council Member Kellum discussed the success of the Sea Oats planting and thanked Staff. Council Member Willis discussed plans to have a Space Coast Transportation and Planning Organization table at the March 3, 2023 Friday Fest to promote bike safety and e-bike laws, and a plan to coordinate an e-bike rodeo with the Brevard County Sheriff's Office. Council Member Davis praised the Sea Oats Planting and Staff. Mayor Pro Tem Raymond discussed attending the Space Coast League of Cities meeting where accessible housing was decided to be the top priority, and her appointment to the Advocacy Team. ADJOURNMENT: The Meeting was adjourned at 8:25 p.m. Wes Morrison, Mayor Mia Goforth, City Clerk CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • MARCH 21, 2023 AGENDA ITEM SUMMARY • ITEM # 2 Subject: Resolution No. 2023-03; adopting a Golf Cart Local City Road Network Map within the jurisdictional limits of the City of Cape Canaveral; authorizing the purchase and installation of appropriate signage along said local street network; incorporating the Golf Cart Network Map into Chapter 74, Article IV of the City Code; providing for the repeal of prior inconsistent resolutions, severability and an effective date. Department: Community and Economic Development Summary: At its August 16, 2022 Regular Meeting, the Council adopted Ordinance No. 04-2022, which authorized the operation of golf carts on specifically designated City roadways (Attachment 1). However, prior to the actual operation of golf carts in the City, the Council must first designate approved roads based on statutory criteria. For this reason, the Council commissioned a Golf Cart Study (Study) to determine whether golf cart use is suitable in the City. At its February 21, 2023 Regular Meeting, the Council accepted a Study conducted by Kimley-Horn and Associates (KHA), that includes a recommended network of golf cart roadways. The recommended network is based on a review of road functional classifications, existing daily traffic volumes, posted speed limits, and crash data. Certain roadways that were included in the analysis are not recommended for inclusion. These include Oak Lane, due to it being unimproved, and the Northern -most section of North Atlantic Avenue due to safety concerns of heavy traffic related to Port Canaveral. Once Oak Lane is paved, the City has the option to update the map to include it. Private roads were not considered in the Study, as the City does not have the authority to regulate golf cart usage on private roads. The Study includes an examination of State Road (SR) A1A crossings at West Central Boulevard, North Atlantic Avenue, and Center Street. As SR A1A is owned and maintained by the Florida Department of Transportation (FDOT), the proposed crossings require their approval. However, upon consultation with FDOT, it was determined that none of the proposed crossings met minimum engineering standards, and therefore could not be advanced at this time. Resolution No. 2023-03 (Attachment 2), if adopted, will: 1. Approve a local Golf Cart Network Map (Exhibit "A" of the Resolution); 2. Authorize the purchase and installation of appropriate signage. The location of the proposed signage is shown on Exhibit "A" of the Resolution, and is required by Section 316.212(1), Florida Statutes; and 3. Incorporate the approved Golf Cart Network Map into Chapter 74, Article IV of the City Code as Figure 1. Next Steps and Implementation Considerations: Staff met and discussed implementation of the proposed Resolution. Notably: 1. Golf Cart Registration — Consistent with Sec. 74-81 of Ordinance No. 04-2022, all golf carts must be registered and inspected to ensure the golf cart is road worthy and that the required equipment is installed and working properly. A listing of required equipment is contained in Sec. 74-80 of said Ordinance. Inspections of golf carts will be conducted by Code Enforcement Staff and, if the inspection is passed, a registration City of Cape Canaveral City Council Meeting • March 21, 2023 Agenda Item # 2 Page 2 of 2 decal will be issued for the golf cart. A fee will be charged for the inspection/registration, which will be the subject of a subsequent fee resolution. A proposed registration schedule will be included for informational purposes. 2. Enforcement — Golf carts operating on City roadways shall be required to comply with restrictions outlined in Sec. 74-79 of Ordinance No. 04-2022. These include hours of operation, maximum speed, compliance with traffic laws, etc. Violations shall be enforced by the Brevard County Sheriff's Office and shall constitute a non -criminal infraction. Submitting Department Director: David Dickey Attachments: 1. Ordinance No. 04-2022 2. Resolution No. 2023-03 w/Exhibit "A" Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo The City Manager recommends the City Council take the following action: Adopt Resolution No. 2023-03. Approved by City Manager: Todd Morley Attachment 1 1 ORDINANCE NO. 04-2022 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE 4 CANAVERAL, FLORIDA, AMENDING CHAPTER 74 OF THE CODE OF 5 ORDINANCES RELATED TO TRAFFIC AND VEHICLES TO CREATE A 6 NEW ARTICLE IV. — OPERATION OF GOLF CARTS AND LOW -SPEED 7 VEHICLES ON ROADS; AUTHORIZING THE OPERATION OF GOLF 8 CARTS ON SPECIFICALLY DESIGNATED CITY ROADWAYS BY 9 SUBSEQUENTLY ADOPTED CITY COUNCIL RESOLUTION; PROVIDING 10 DEFINITIONS; PROVIDING FOR RESTRICTIONS, CERTAIN MINIMUM 11 EQUIPMENT, REGISTRATION, INSPECTION AND INSURANCE 12 REQUIREMENTS FOR GOLF CARTS; RECOGNIZING LOW -SPEED 13 VEHICLES ARE ALLOWED ON ROADS UNLESS OTHERWISE 14 PROHIBITED; PROVIDING FOR ENFORCEMENT; PROVIDING FOR THE 15 REPEAL OF PRIOR INCONSISTENT ORDINANCES AND 16 RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY 17 AND AN EFFECTIVE DATE. 18 19 WHEREAS, the City is granted authority, under Section 2(b), Article VIII, of the State 20 Constitution, and §§ 166.221; 316.212; 316.2122, Florida Statutes to authorize the operation of 21 golf carts and low speed vehicles and regulate such operation within its jurisdictional limits; and 22 23 WHEREAS, the operation of golf carts upon public roads is ordinarily prohibited on such 24 roads unless otherwise authorized by the agency with jurisdiction over such roads including 25 authorized by a city on city streets; county on county roads; and State of Florida on state highways 26 pursuant to § 316.212, Florida Statutes; and 27 28 WHEREAS, to protect the public health, safety and welfare of its citizens, the City Council 29 desires to continue to prohibit the operation of golf carts upon roads and streets incompatible 30 with such operation and regulate the manner and times of operation of golf carts upon certain 31 designated City streets where such operation is authorized by the City Council and such other 32 agencies, if necessary, with jurisdiction over other roads and streets; and 33 34 WHEREAS, section 316.212, Florida Statutes, authorizes local governments to allow golf 35 carts to operate on local roadways if the local government has determined that such operation is 36 safe based on factors including the speed, volume, and character of motor vehicle traffic and has 37 posted appropriate signs to indicate such operation is allowed; and 38 39 WHEREAS, the City Council of the City of Cape Canaveral, Florida, recognizes that the use 40 of golf carts in certain areas may be a safe, economical form of transportation which can reduce 41 traffic congestion and gasoline consumption; and 42 43 WHEREAS, upon adoption of this Ordinance, the City of Cape Canaveral may conduct City of Cape Canaveral Ordinance No. 04-2022 Page 1 of 9 1 studies to determine whether golf carts may safely travel on specific local roadways, and will 2 identify, by subsequently adopted resolution, those specific local roadways upon which golf carts 3 can be operated safely, taking into consideration the speed, volume and character of motor 4 vehicle traffic on said roadways; and 5 6 WHEREAS, the City Council finds that the operation of golf carts on local roads should be 7 limited to persons possessing a valid driver's license and subject to such other minimum safety 8 standards required by this Ordinance; and 9 10 WHEREAS, the City Council also recognizes that low -speed vehicles, as defined in section 11 320.01(41), Florida Statutes, are allowed to operate on public roads where the posted speed limit 12 is thirty-five (35) miles per hour or Tess including City roads and streets unless otherwise prohibited 13 by ordinance in accordance with section 316.2122, Florida Statutes; and 14 15 WHEREAS, the City Council hereby finds this ordinance to be in the best interests of the 16 public health, safety, and welfare of the citizens of Cape Canaveral. 17 18 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY 19 ORDAINS, AS FOLLOWS: 20 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by 21 this reference as legislative findings and the intent and purpose of the City Council of the City of 22 Cape Canaveral. 23 24 Section 2. Amending Chapter 74 of the City Code. The City of Cape Canaveral 25 Code of Ordinances, Chapter 74, is hereby amended as set forth below (underlined type indicates 26 additions and sett type indicates deletions, while *** indicate deletions from this Ordinance 27 of said applicable Chapter that shall remain unchanged in the City Code): 28 29 CHAPTER 74 TRAFFIC AND VEHICLES 30 31 * * * 32 33 Secs. 74-64-74-75. — Reserved. 34 35 ARTICLE IV. — OPERATION OF GOLF CARTS AND LOW -SPEED VEHICLES ON ROADS 36 37 Sec. 74-76. Intent; Definitions. 38 39 (a) The city council recognizes that "golf carts" and "low -speed vehicles" are each 40 distinctly defined and their operation on roads and streets are regulated differently under Florida 41 law. Accordingly, pursuant to sections 316.212, it is the intent of the city council to allow and 42 authorize the operation of golf carts only under certain requirements and conditions provided the City of Cape Canaveral Ordinance No. 04-2022 Page 2 of 9 1 city council, by resolution, specifically designates a city road and street for use by golf carts. It is 2 also the intent of this article to recognize that low -speed vehicles are allowed on city streets and 3 roads as permitted by section 316.2122, Florida Statutes unless otherwise prohibited by the city 4 council, by resolution, upon a determination that such prohibition is necessary in the interest of 5 safety. 6 7 (b) For purposes of this article, the following words and phrases shall have the 8 following ascribed meaning: 9 10 (i) "Golf cart" shall be as defined in section 320.01(22), Florida Statutes, and means a 11 motor vehicle that is designed and manufactured for operation on a golf course for sporting or 12 recreational purposes and that is not capable of exceeding speeds of 20 miles per hour. 13 14 (ii) "Designated roadways" means those roads identified by the city council, by 15 resolution, as being safe for operation of golf carts considering factors including speed, volume, 16 and character of motor vehicle traffic using said road in accordance with all requirements for 17 operation set forth in this article. 18 19 (iii) "Driver's license" means a valid license issued to operate a motor vehicle issued by 20 the State of Florida or any other state. 21 22 (iv) "Inspection" shall mean a safety evaluation of each registered golf cart for purposes 23 of confirming that the golf cart meets the minimum requirements of this article performed by the 24 by the City department or Sheriff's Office as designated by the city manager. 25 26 (v) "Low -speed vehicle" means any four -wheeled vehicle whose top speed is greater 27 than 20 miles per hour but not greater than 25 miles per hour, including, but not limited to, 28 neighborhood electric vehicles. Low -speed vehicles must comply with the safety standards in 49 29 C.F.R. s. 571.500 and § 316.2122, Florida Statutes. For purposes of this article, "golf carts" as 30 defined in F.S. § 320.01(22) or "speed modified golf carts" shall not be considered "low -speed 31 vehicles" and shall be subject to the specific rules and regulations governing golf carts adopted 32 under this article. 33 34 Sec. 74-77. Use of golf carts on designated roadways. 35 36 (a) It shall be unlawful for a person to operate a golf cart on any road or street within 37 the City of Cape Canaveral jurisdictional limits except upon designated roadways expressly 38 authorized by the city council. It shall also be unlawful to operate a golf cart in violation of any 39 provision set forth in this article. 40 41 (b) The city council may, by resolution, designate a city street or road suitable and safe 42 for golf cart use after considering factors including speed, volume, and character of motor vehicle 43 traffic using said street or road in accordance with all requirements for operation set forth in this City of Cape Canaveral Ordinance No. 04-2022 Page 3 of 9 1 article. 2 3 (c) Upon designation by the city council, by resolution, golf carts may be operated on 4 such designated roadway within the city limits of the City of Cape Canaveral where the roadway 5 is posted by the City with appropriate signage to indicate that such operation is allowed. 6 7 (d) Golf cart use may only be authorized on roadways with a posted speed limit of 30 8 miles per hour or Tess. Golf carts shall not be operated on any roadway where the designated 9 speed limit is greater than 30 miles per hour. 10 11 (e) Golf cart use shall not be allowed on any state or county roadway, except to cross 12 at designated intersections approved by the state or county with jurisdiction over the roadway in 13 accordance with applicable law for the purpose of immediately reaching the next designated 14 roadway. If a crossing is designated on any state or county road or street, it shall be unlawful for 15 a golf cart to cross the state or county road at any other location. 16 17 (f) This article does not authorize the use of golf carts on private property. Golf carts 18 shall not be operated on private property unless authorized by the property owner. 19 20 (g) Golf carts shall not be operated on sidewalks, bicycle paths, swales, or trails. 21 22 Sec. 74-78. Licensed use; revocable; claims prohibited and waived. 23 24 (a) The operation of a golf cart on a roadway designated by the city or a low -speed 25 vehicle on a road not prohibited by the city shall be deemed to be a license to use those roadways 26 and such license shall be revocable by the city council in its legislative capacity based upon its 27 consideration of the public health, safety and welfare of the public arising from such use. 28 29 (b) The authorization to use golf carts on any designated roadway shall not limit or 30 otherwise prohibit the city council from amending or repealing of this article or any resolution 31 adopted in furtherance thereof; contracting or expanding the number of designated roadways on 32 which golf carts can be operated; or designating the crossing points for state or county roads, as 33 may be approved by the state or county. Further, the lack of a prohibition to use low -speed 34 vehicles on roadways shall not prohibit the same by city council relative to low -speed vehicles. All 35 persons operating golf carts or low -speed vehicles on city streets or roads, whether designated 36 or prohibited roadways or not, do so on the condition that there shall be no claim for monetary 37 loss or other claim for the loss of allowed golf cart or low -speed vehicle operation on such streets 38 or roads or any monetary claim therefore based on a claim for action in reliance on the provisions 39 of this article. The city council retains the unlimited legal authority to revoke, amend or to 40 otherwise legislate as to the operation of golf carts or low -speed vehicles on streets without 41 liability of any kind arising from its legislative decisions. 42 43 (c) Any person operating a golf cart or low -speed vehicle enjoying a license hereunder City of Cape Canaveral Ordinance No. 04-2022 Page 4 of 9 1 for such purpose and all persons who are passengers in such golf cart or low -speed vehicle shall 2 be deemed to have waived any claim against the city for its legislative decision to allow the 3 operation of such golf carts on designated city streets or low -speed vehicles on streets in 4 compliance with this article, and this article is declared by the city council to be a legislative act of 5 the city pursuant to the authority granted by Florida Statutes. 6 7 (d) Any person operating a golf cart or low -speed vehicle on any road or street within 8 the City of Cape Canaveral does so at their own risk and must operate such a vehicle with due 9 regard for the safety and convenience of other motor vehicles, bicyclist(s) and pedestrians. The 10 city, in extending operating privileges to golf carts or low -speed vehicles, does so on the express 11 condition that the operator undertakes such operation at their own risk and assumes sole 12 responsibility for operating said vehicle, and shall be deemed to defend, release, indemnify and 13 hold harmless the City of Cape Canaveral, its officials, attorneys and employees from any and all 14 claims, demands, damages, or causes of action, known or unknown, of any nature arising from 15 such operation by any person against the City of Cape Canaveral and its officials, attorneys and 16 employees. 17 18 19 Sec. 74-79. Restrictions. 20 21 Golf carts operating on designated roadways shall be subject to the following restrictions: 22 23 (a) Hours of operation. Golf carts may be operated on designated roadways only 24 during the hours between sunrise and sunset. However, the operation of golf carts on designated 25 roadways between sunset and sunrise is allowed as long as the golf carts operating during this 26 time are equipped with headlights, brake lights, turn signals, and a windshield in addition to the 27 other equipment required under section 74-80. Such lights must be on when the golf cart is 28 operating on streets and roads between sunset and sunrise. 29 30 (b) Licensed driver. Golf carts operating on designated roadways must be operated 31 by a person who is at least 16 years of age, and who possesses a valid driver's license. Persons 32 who possess a valid learner's permit may operate a golf cart on designated roadways when 33 accompanied by a licensed driver of at least 18 years of age. No person may operate a golf cart 34 on city streets and roads who has a suspended driver's license or whose driver's license has been 35 revoked. 36 37 (c) Maximum speed. Golf carts operating on designated roadways shall not exceed 38 20 miles per hour. 39 40 (d) Compliance with traffic laws. Golf carts shall be operated in accordance with all 41 applicable local and state traffic regulations. Golf carts shall not be operated at such a slow speed 42 as to impede, obstruct or block the normal or reasonable movement of traffic, except when 43 reduced speed is necessary for safe operation or compliance with law. Golf carts shall stay to the City of Cape Canaveral Ordinance No. 04-2022 Page 5 of 9 1 far right of any designated roadway, and shall yield the right of way to overtaking drivers. 2 3 (e) Parking. Golf carts shall comply with all applicable parking regulations in the 4 same manner as any other motor vehicle. 5 6 (f) Occupants. The number of occupants in a golf cart operated on designated 7 roadways shall be limited to the number of seats on the golf cart provided by the golf cart 8 manufacturer. No occupants of a golf cart shall stand at any time while the golf cart is in motion. 9 10 (h) Alcohol. All state regulations governing the use and possession of alcoholic 11 beverages while operating a motor vehicle shall apply to the operation of golf carts on designated 12 roadways. 13 14 Sec. 74-80. Required minimum equipment. 15 16 All golf carts operated on designated roadways shall maintain the following minimum 17 equipment in good working order: 18 19 (a) Efficient brakes; 20 21 (b) Reliable steering apparatus; 22 23 (c) Safe tires; 24 25 (d) Rearview mirrors; 26 27 (e) Red reflectorized warning devices, both in the front and the rear; 28 29 (f) Headlights if operated between sunset and sunrise; 30 31 (9) Brake lights if operated between sunset and sunrise; 32 33 (h) Turn signal if operated between sunset and sunrise; and 34 35 (i) Horn meeting the standards of § 316.271, Florida Statutes. 36 37 Sec. 74-81. Inspection and registration of golf carts required. 38 39 All golf carts operating on designated roadways in the City of Cape Canaveral shall be 40 registered and inspected in a manner administratively determined by the city manager as follows: 41 42 (a) Golf carts shall be registered by the owner of the golf cart on a form prescribed by 43 the City. The owner shall pay an annual registration fee established by resolution of the city City of Cape Canaveral Ordinance No. 04-2022 Page 6 of 9 1 council, and shall be issued a registration decal which shall be affixed to the back driver's side of 2 the golf cart in a location easily visible to law enforcement. Decals shall be issued annually, and 3 are valid for one year. 4 5 (b) Prior to issuance of a registration decal, golf cart owners shall be required to 6 provide proof of ownership and liability insurance, a valid driver's license and sign an affidavit of 7 compliance. The insurance and license must remain in full force and effect at all times the golf 8 cart is operated on city streets or roads. 9 10 (c) At the time of registration, the City shall inspect the golf cart to verify road 11 worthiness and to ensure the required equipment is installed and working properly. 12 13 (d) Lost or stolen registration decals are the responsibility of the golf cart owner. A 14 police report shall be filed in the event of a lost or stolen decal. The police chief or the police 15 chief's designee shall have the discretion to determine whether a replacement decal may be 16 issued. If no existing registration information is available, the police chief may direct the golf cart 17 owner to reapply and to repay any required fees prior to a replacement decal being issued. 18 19 (e) No registration is required for golf carts which are not operated on city streets or 20 roads. 21 22 Sec. 74-82. Insurance required. 23 24 All golf cart owners are required to purchase and maintain liability insurance insuring 25 against personal injury and property damage. Minimum required insurance shall be the same as 26 for motor vehicles registered in the State of Florida for personal use and as designated by Florida 27 Statutes. Proof of insurance must be presented at time of golf cart registration, and must be 28 possessed at all times by the golf cart operator while operating the golf cart on designated 29 roadways. 30 31 Sec. 74-83. Low -speed vehicles. 32 33 (a) Authorization to operate low -speed vehicles. Low -speed vehicles may be 34 operated within the city limits where the posted speed limit is thirty-five (35) miles per hour or 35 less. Pursuant to F.S. § 316.2122(1), this does not prohibit a low -speed vehicle from crossing a 36 road or street at an intersection where the road or street has a posted speed limit of more than 37 thirty-five (35) miles per hour. However, the city council may in its legislative discretion, by 38 resolution, prohibit the operation of low -speed vehicles on any City street or road under its 39 jurisdiction if the city council determines that such prohibition is necessary in the interest of safety. 40 41 (b) Equipment and minimum standards. According to the requirements set 42 forth in F.S. § 316.2122, a low -speed vehicle must be equipped with headlamps, stop lamps, turn 43 signal lamps, tail lamps, reflex reflectors, parking brakes, rearview mirrors, windshields, seat belts City of Cape Canaveral Ordinance No. 04-2022 Page 7 of 9 1 and vehicle identification numbers. A low -speed vehicle must be registered and insured in 2 accordance with F.S. § 320.02. Any person operating a low -speed vehicle must have in his or her 3 possession a valid driver's license. 4 5 (c). Hours of operation. Low -speed vehicles may be operated at any time. 6 7 (d) Compliance with traffic laws. Low -speed vehicles shall comply with all local and 8 state traffic laws, and may be ticketed for traffic violations in the same manner as motor vehicles. 9 10 11 Sec. 74-84. Enforcement. 12 13 A violation of this article shall constitute a non -criminal infraction enforceable pursuant to 14 the provisions of § 316.212(9), Florida Statutes, and city ordinances by a law enforcement officer 15 or city code enforcement officer as such officer's legal authority and jurisdiction allows. In 16 addition, other avenues for the enforcement of violations of this article may be enforced by city 17 code enforcement officers as a code violation pursuant to chapter 2, Article VI, Code Enforcement 18 of the City Code. The Uniform Traffic Citations shall only be used for violations that are also 19 violations of the Florida Uniform Traffic Control Law. 20 21 22 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior 23 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances 24 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 25 26 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the 27 Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may 28 be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, 29 and like errors may be corrected and additions, alterations, and omissions, not affecting the 30 construction or meaning of this ordinance and the City Code may be freely made. 31 32 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or 33 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of 34 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion 35 shall be deemed a separate, distinct and independent provision, and such holding shall not affect 36 the validity of the remaining portions of this Ordinance. 37 38 Section 6. Effective Date. This Ordinance shall become effective immediately upon 39 adoption by the City Council of the City of Cape Canaveral, Florida, and pursuant to the City 40 Charter. 41 42 43 City of Cape Canaveral Ordinance No. 04-2022 Page 8 of 9 1 2 3 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 16th day of August, 2022. 5 Wes Morrison, Mayor 6 7 8 ATTEST: 9 10 11 12 Mia Goforth, CMC 13 City Clerk 14 15 16 17 18 19 20 21 First Reading: April 19, 2022 22 Advertisement: May 5, 2022 23 Second Advertisement: August 4, 2022 24 Second Reading: August 16, 2022 25 26 27 Approved as to legal form and sufficiency 28 for the City of Cape Canaveral only by: 29 30 31 Anthony A. Garganese, City Attorney For Against Kim Davis X Mickie Kellum Motion Wes Morrison Second Angela Raymond X Don Willis X City of Cape Canaveral Ordinance No. 04-2022 Page 9 of 9 SEAL of Cape Canaveral, Florida Attachment 2 RESOLUTION NO. 2023-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ADOPTING A GOLF CART LOCAL CITY ROAD NETWORK MAP WITHIN THE JURISDICTIONAL LIMITS OF THE CITY OF CAPE CANAVERAL; AUTHORIZING THE PURCHASE AND INSTALLATION OF APPROPRIATE SIGNAGE ALONG SAID LOCAL STREET NETWORK; INCORPORATING THE GOLF CART NETWORK MAP INTO CHAPTER 74, ARTICLE IV OF THE CITY CODE; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City is granted authority, under Section 2(b), Article VIII, of the State Constitution, and §§ 166.221; 316.212; 316.2122, Florida Statutes to authorize the operation of golf carts and regulate such operation within its jurisdictional limits; and WHEREAS, the operation of golf carts upon public roads is ordinarily prohibited on such roads unless otherwise authorized by the agency with jurisdiction over such roads including authorized by a city on city streets; county on county roads; and State of Florida on state highways pursuant to § 316.212, Florida Statutes; and WHEREAS, the City Council recently adopted Ordinance No. 04-2022 establishing golf cart and low speed vehicle regulations within the jurisdictional limits of the City of Cape Canaveral and said Ordinance was codified in Chapter 74, Article IV of the City Code; and WHEREAS, following the adoption of the Ordinance No. 04-2022, the City Council commissioned a Golf Cart Study to determine whether golf cart use is suitable on local city roads within a certain geographical study area within the jurisdictional limits of the City and if suitable, to identify the specific local roads on which golf carts may travel; and WHEREAS, the Golf Cart Study was performed and published by Kimley-Horn and Associates, Inc. in January 2023 ("Study") and presented to and approved by the City Council at a public meeting on February 21, 2023; and WHEREAS, the Study recommended a Cape Canaveral Golf Cart Network Map identifying the local roads on which golf carts may travel upon adoption of a resolution by the City Council; and WHEREAS, the City Council hereby desires to adopt a Golf Cart Network Map authorizing the use of golf carts on the local roads identified on the Map subject to the terms and conditions of Chapter 74, Article IV of the City Code; and City of Cape Canaveral Resolution 2023-03 Page 1 of 3 WHEREAS, the City Council of the City of Cape Canaveral, Florida, recognizes that the use of golf carts in certain areas may be a safe, economical form of transportation which can reduce traffic congestion and gasoline consumption; and WHEREAS, the City Council hereby finds that this Resolution provides for alternative forms of electric vehicle transportation that is in the best interests of the public health, safety and welfare of the citizens. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida: Section 1. Recitals. The foregoing recitals contained in the preamble to this Resolution are incorporated by reference herein. Section 2. Approval of Local Golf Cart Network Map. The City Council of the City of Cape Canaveral hereby approves the Golf Cart Network Map, as attached hereto and incorporated herein by reference as Exhibit "A". Golf cart use is hereby authorized on the local roads recommended in the Study and depicted on the Map. Said local roads are hereby considered "designated roadways" pursuant to Section 74-76 (b)(ii) of the City Code. Section 3. Authorization to Purchase and Install Signage. The City Council of the City of Cape Canaveral hereby authorizes the City Manager and his designees to promptly purchase and install appropriate roadway signage, as recommended in the Golf Cart Study and required by Section 316.212(1), Florida Statutes, authorizing and limiting the use of golf carts on the local roads identified in the Study. Nothing herein shall be interpreted as authorizing and allowing golf cart use on any other local roads not identified for such use on the Golf Cart Network Map approved in Section 2 herein or on any other roads requiring approval by a private property owner, Brevard County, Port Canaveral, or the State of Florida. Section 4. Repeal of Prior Inconsistent Resolutions. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 6. Incorporation into the Code. The Golf Cart Network Map adopted pursuant to Section 2 of this Resolution shall be incorporated into Chapter 74, Article IV of the Cape Canaveral City Code as Figure 1 and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this resolution and the City Code may be freely made. City of Cape Canaveral Resolution 2023-03 Page 2 of 3 Section 7. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED in a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, this 21st day of March 2023. Wes Morrison, Mayor Name FOR AGAINST Kim Davis Mickie Kellum Wes Morrison Angela Raymond Don Willis ATTEST: Mia Goforth, CMC, City Clerk Approved as to legal form and sufficiency For the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney City of Cape Canaveral Resolution 2023-03 Page 3 of 3 Resolution No. 2023-03 Exhibit "A" Cape Canaveral Golf Cart Authorized Streets Map Legend Recommendations for Golf Cart Network Golf Carts Allowed Golf Carts Allowed but Not Recommended Golf Carts Not Allowed Sign Locations Golf Carts Share the Road No Golf Carts Beyond This Point Source: City of Cape Canaveral CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • MARCH 21, 2023 AGENDA ITEM SUMMARY • ITEM # 3 Subject: Approve purchase and replacement of a new Air/Light Truck, in the amount of $600,000, as included in the FY22-23 Budget of Cape Canaveral Fire/Rescue Equipment. Department: Canaveral Fire Rescue Summary: This purchase is to replace the existing 1997 vehicle. This vehicle is being replaced to meet the latest requirement of the National Fire Protection Association (NFPA) standards. Additionally, the existing truck's Self Contained Breathing Apparatus (SCBA) is out of service and no longer repairable. This new $1.2M Air/Light Truck is being jointly purchased with the Canaveral Port Authority, and the City's portion is $600,000. This is included in the FY22-23 Fire Department capital improvement budget as CIP# FR — 4 in General Fund (Attachment 1). Time is of the essence. If approved by the City Council, the item will appear on the Canaveral Port Authority agenda on April 5, 2023. The manufacturer will then create the purchase invoice. As described in the Equipment Proposal (Attachment 2), the manufacturer offers a "pre -payment discount" (paying within 15 days of invoice) of $55,000 ($27,500 each), which we intend to take advantage of. This discount has already been factored into the Equipment Proposal. The existing vehicle will be used as a trade-in, which is also factored into the purchase price. Additionally, upcoming new EPA regulatory mandates will impact orders placed after April 2023 and would add an estimated $60,000 — 90,000 to subsequently ordered vehicles. The included vehicle options are described in the Options List (Attachment 3). The vehicle warranty is described in the Limited Warranty document (Attachment 4) and the vehicle dimensions and diagrams are described in the schematic (Attachment 5). The vehicle build time is approximately 27-29 months by Pierce Manufacturing, Wisconsin Plant, subject to industry delays, which may occur. The purchase will piggyback off an existing National Purchasing Partners Government (NPPGOV) bid. The vehicle will be titled in both the City's' and the Port's names. Upon City and Port approval, Canaveral Fire Rescue will execute the Equipment Proposal. Submitting Department Director: Chief Sargeant Attachments: 1) Approved FY22-23 CIP # FR — 4 2) Equipment Proposal 3) Options List 4) Limited Warranty 5) Vehicle dimensions and diagrams Financial Impact: $600,000 as approved by Council in the FY22-23 Budget funded by the General Fund's Renewal & Replacement account; Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo City of Cape Canaveral City Council Meeting • March 21, 2023 Agenda Item # 3 Page 2 of 2 The City Manager recommends the City Council take the following action: Approve purchase and replacement of a new Air/Light Truck, for $600,000, as included in the FY22- 23 Budget of Cape Canaveral Fire/Rescue Equipment, subject to Canaveral Port Authority approving the Purchase Order. Approved by City Manager: Todd Morley Attachment 1 Fire/ Rescue Services Capital Improvement Program Detail Project Name: New Fire Pumper/Staff Vehicle CIP# FR- 4 Department: Fire/Rescue Services Project Code: TBD Location: Canaveral Fire& Rescue Project Manager: D. Sargeant Project Start Date: FY20-21 Original Plan Date: Description/Justification: Description: New Fire Pumper/Staff Vehicle. Justification: 1/2 of the cost by City& 1/2 of the cost by Canaveral Port Authority warranted for purchase of new vehicle. Consistency with Council Goals: Maintain City facilities and infrastructure. Project Expenditures/ Funding Sources: Project Costs: FY22-23 FY23-24 FY24-25 FY25-26 FY26-27 Total 1/2 Ladder Truck replacement 800,000 800,000 1/2 Replacement Pumper 400,000 400,000 1/2 Replacement Air/Light Truck 600,000 600,000 Total Project Costs 600,000 800,000 400,000 - - 1,800,000 Sources of Funds: FY22-23 FY23-24 FY24-25 FY25-26 FY26-27 Total GF - Renewal & Replacement 600,000 800,000 400,000 1,800,000 Total Project Funding $ 600,000 $ 800,000 $400,000 $ - $ - $ 1,800,000 Page 81 Attachment 2 TEN-8 Equipment Proposal Proposal # 649 IN SERVICE TO SERVE YOU This Equipment Proposal (the "Proposal") has been prepared by Ten-8 Fire & Safety, undersigned Customer's request for a proposal. This Proposal is comprised of the special Option List, Warranty, and Company's Purchasing Terms and Conditions. Through its defined below), Customer acknowledges having received, read and being bound by this Purchasing Terms and Conditions. Date: March 6, 2023 ("Proposal Date") Customer: Canaveral Fire Rescue Customer Address: 8970 Columbia Road, Cape Canaveral, Florida, 32920 Qty Product Description & Options Price 1 (1) Pierce NonWalk-In Heavy Rescue based on NPPGov LOC Contract PS20240 $1,192,180.00 Model ID 5.01 Ten-8 / Pierce Bid Number 649 NPPGov Member Numbers Canaveral Fire Rescue M-5691515 Canaveral Port Authority M-5712300 * An optional pre -payment discount of ($55,540.00) is available if the payment is received within 15 days of invoice. ($55,540.00) * Optional trade-in allowance for 1996 Hackney Rescue apparatus ($15,000.00) ($15,000.00) Customer Equipment allowance $78,360.00 * MSO will be assigned to Canaveral Port Authority and The City of Cape Canaveral **Commercial chassis price is an estimate; final price is net price charged by the chassis manufacturer. Total: $1,200,000.00 Delivery Timing: The Product described above in the Product Description and Options Section of this document will be built by and shipped from the manufacturer approximately 27-29 (months) after Company receives Customer's acceptance of this Proposal as defined below, subject to market and production conditions, Force Majeure, delays from the chassis manufacturer, changes to Order Specifications, or any other circumstances or cause beyond Company's or manufacturer's control. Other: The price quoted includes preconstruction and final inspection trips to the factory for Cape Canaveral Fire Department personnel. Unless accepted within 30 days from date of proposal, the right is reserved to withdraw this proposal. ACCEPTANCE OF THIS PROPOSAL CREATES AN ENFORCEABLE BINDING AGREEMENT BETWEEN COMPANY AND CUSTOMER. "ACCEPTANCE" MEANS THAT CUSTOMER DELIVERS TO COMPANY: (A) A PROPOSAL SIGNED BY AN AUTHORIZED REPRESENTATIVE, OR (B) A PURCHASE ORDER INCORPORATING THIS PROPOSAL, WHICH IS DULY APPROVED, TO THE EXTENT APPLICABLE, BY CUSTOMER'S GOVERNING BOARD. ACCEPTANCE OF THIS PROPOSAL IS EXPRESSLY LIMITED TO THE TERMS CONTAINED IN THIS PROPOSAL AND COMPANY'S PURCHASING TERMS AND CONDITIONS. ANY ADDITIONAL OR DIFFERENT TERMS, WHETHER CONTAINED IN CUSTOMER'S FORMS OR OTHERWISE PRESENTED BY CUSTOMER AT ANY TIME, ARE HEREBY REJECTED. INTENDING TO CREATE A BINDING AGREEMENT, Customer and Company have each caused this Proposal to be executed by their duly authorized representatives as of date of the last signature below. Customer: Canaveral Fire Rescue Ten-8 Fire & Safety, LLC By: By: Title: Title: Authorized Sales Representative Print: Print: Anthony Autorino Date: Date: March 6, 2023 EXHIBIT A PROPOSAL OPTION LIST EXHIBIT B WARRANTY EXHIBIT C PURCHASING TERMS AND CONDITIONS PURCHASING TERMS AND CONDITIONS These Purchasing Terms and Conditions, together with the Equipment Proposal and all attachments (collectively, the "Agreement") are entered into by and between Ten-8 Fire & Safety, LLC, a Florida company ("Company") and Customer (as defined in Ten-8 Fire & Safety LLC's Equipment Proposal document) and is effective as of the date specified in Section 3 of these Purchasing Terms and Conditions. Both Company and Customer may be referred throughout this document individually as a "party" or collectively as the "parties." 1. Definitions. a. "Acceptance" has the same meaning set forth in Company's Equipment Proposal. b. "Company's Equipment Proposal" means the Equipment Proposal provided by Company and prepared in response to Customer's request for proposal for a fire apparatus, associated equipment or an ambulance. c. "Cooperative Purchasing Contract" means an Agreement between Company and a public authority, including without limitation, a department, division, agency of a municipal, county or state government ("Public Authority"), that adopts or participates in an existing agreement between Company and another non- party customer (including, but not limited to such non-party customer's equipment proposal, its applicable exhibits, attachments and purchasing terms and conditions), often referred to as a "piggyback arrangement," which is expressly agreed to, in writing, by Company. Company has sole discretion to determine whether it will agree to such a Cooperative Purchasing Contract. d. "Delivery" means when Company delivers physical possession of the Product to Customer. e. "Manufacturer" means the Manufacturer of any Product. f. "Prepayment Discount" means the prepayment discounts, if any, specified in Company's Equipment Proposal. g. "Product" means the fire apparatus and any associated equipment, or ambulance manufactured or furnished for Customer by Company pursuant to the Specifications. h. "Purchase Price" means the Total price set forth in the Quotation, adjusted for the final net price for the chassis charged by the original equipment manufacturer set forth in the final invoice submitted to the Company by the manufacturer. i. "Purchasing Terms and Conditions" means these Purchasing Terms and Conditions; however, if the Company's Equipment Proposal or the Customer's related Purchase Order states that it is governed by a Cooperative Purchasing Agreement, "Purchasing Terms and Conditions" shall mean those terms and conditions set forth in the applicable Cooperative Purchasing Agreement. j. "Specifications" means the general specifications, technical specifications, training, and testing requirements for the Product contained in Company's Equipment Proposal and its Exhibit A (Proposal Option List or for ambulance sales, the Quotation, or Order Form, as applicable), prepared in response to Customer's request for such a proposal. 2. Purpose. This Agreement sets forth the terms and conditions of Company's sale of the Product to Customer. 3. Term of Agreement. This Agreement will become effective on the date of Acceptance as defined in Company's Equipment Proposal ("Effective Date") and, unless earlier terminated pursuant to the terms of this Agreement, it will terminate upon Delivery and payment in full of the Purchase Price. 4. Purchase and Payment. Customer agrees to pay Company the Purchase Price for the Product(s). The Purchase Price is in U.S. dollars. Where Customer opts for a Prepayment Discount that specifies that Customer will tender one or more prepayments to Company, Customer must provide each prepayment within the time frame specified in the Equipment Proposal in order to receive the Prepayment Discount for that prepayment installment. To the extent permitted by applicable law, Company may in its sole discretion charge a convenience fee if Customer elects to pay the Purchase Price by means of a credit card. 5. Representations and Warranties. Customer hereby represents and warrants to Company that the purchase of the Product(s) has been approved by Customer in accordance with applicable general laws and, as applicable, Customer's charter, ordinances and other governing documents, and funding for the purchase has been duly budgeted and appropriated. 6. Cancellation/Termination. a. Fire Equipment and Apparatus Sales. In the event this Agreement is cancelled or terminated by Customer before completion, Company may charge Customer a cancellation fee. The following charge schedule is based on costs incurred by Manufacturer and Company for the Product, which may be applied and charged to Customer: (a) 12% of the Purchase Price after the order for the Product(s) is accepted and entered into Manufacturer's system by Company; (b) 22% of the Purchase Price after completion of approval drawings by Customer, and; (c) 32% of the Purchase Price upon any material requisition made by the Manufacturer for the Product. The cancellation fee will increase in excess of (c) in this Section 6, accordingly, as additional costs are incurred by Manufacturer and Company as the order progresses through engineering and into the manufacturing process. b. Ambulance Sales. This Section 6 for Cancellation/Termination does not apply to Ambulance Sales. An order for an ambulance cannot be cancelled or terminated once Company receives and processes Customer's Acceptance of Company's Equipment Proposal. 7. Delivery. The Product is scheduled to be delivered as specified in the Delivery Timing section of the Equipment Proposal ("Delivery Timing"), which will be F.O.B. Company's facility. The Delivery Timing is an estimate, and Company is not bound to such date unless it otherwise agrees in writing. Company is not responsible for Delivery delays caused by or as the result of actions, omissions or conduct of the Manufacturer, its employees, affiliates, suppliers, contractors, and carriers. All right, title and interest in and to the Product, and risk of loss, shall pass to Customer upon Delivery of the Product(s) to Customer. 8. Standard Warranty. The manufacturer warranties applicable to this Agreement, if any, are attached to Company's Equipment Proposal as Exhibit A and are incorporated herein as part of the Agreement. a. Disclaimer. EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT, COMPANY, INCLUDING ITS PARENT COMPANY, AFFILIATES, SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS OR REPRESENTATIVES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS PROVIDED UNDER THIS AGREEMENT, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITING THE FOREGOING DISCLAIMER, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, IMPLIED WARRANTY AGAINST INFRINGEMENT, AND IMPLIED WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED AND DISCLAIMED. STATEMENTS MADE BY SALES REPRESENTATIVES OR IN PROMOTIONAL MATERIALS DO NOT CONSTITUTE WARRANTIES. 9. Limitation of Liability. COMPANY WILL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, ECONOMIC, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES ARISING FROM OR IN ANY WAY CONNECTED WITH THIS AGREEMENT WITHOUT REGARD TO THE NATURE OF THE CLAIM OR THE UNDERLYING THEORY OR CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, EQUITY OR ANY OTHER THEORY OF LAW) ON WHICH SUCH DAMAGES ARE BASED. COMPANY'S LIMIT OF LIABILITY UNDER THIS AGREEMENT SHALL BE CAPPED AT THE TOTAL AMOUNT OF THE MONIES PAID BY CUSTOMER TO COMPANY UNDER THIS AGREEMENT. 10. Force Majeure. Company shall not be responsible nor deemed to be in default on account of delays in performance due to causes which are beyond Company's control or which make Company's performance impracticable, including but not limited to wars, insurrections, strikes, riots, fires, storms, floods, other acts of nature, explosions, earthquakes, accidents, transportation or delivery delays or losses outside of Company's control, any act of government, inability or delay of Company or manufacture in obtaining necessary labor or adequate or suitable manufacturing components at reasonable prices, allocation regulations or orders affecting materials, equipment, facilities or completed products, failure to obtain any required license or certificates, acts of God or the public enemy, terrorism, epidemics, quarantine restrictions, failure of vendors to perform their contracts or labor troubles of Company or a manufacturer causing cessation, slowdown, or interruption of work. 11. Customer's Obligations. Customer shall provide its timely and best efforts to cooperate with Company and Manufacturer during the manufacturing process to create the Product. Reasonable and timely cooperation includes, without limitation, Customer's providing timely information in response to a request from Manufacturer or Company and Customer's participation in traveling to Manufacturer's facility for inspections and approval of the Product. 12. Default. The occurrence of one or more of the following shall constitute a default under this Agreement: (a) Customer's failure to pay any amounts due under this Agreement or Customer's failure to perform any of its obligations under this Agreement; (b) Company's failure to perform any of its obligations under this Agreement; (c) either party becoming insolvent or becoming subject to bankruptcy or insolvency proceedings; (d) any representation made by either party to induce the other to enter into this Agreement, which is false in any material respect; (e) an action by Customer to dissolve, merge, consolidate or transfer a substantial portion of its property to another entity; or (f) a default or breach by Customer under any other contract or agreement with Company. 13. Manufacturer's Statement of Origin. Company shall retain possession of the manufacturer's statement of origin ("MSO") for the Product until the entire Purchase Price has been paid. If more than one Product is covered by this Agreement, Company shall retain the MSO for each individual Product until the Purchase Price for that Product has been paid in full. 14. Arbitration. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The Arbitration shall take place in Bradenton, Florida. 15. Miscellaneous. The relationship of the parties established under this Agreement is that of independent contractors and neither party is a partner, employee, agent, or joint venture of or with the other. Neither party may assign its rights and obligations under this Agreement without the prior written approval of the other party. This Agreement and all transactions between Ten-8 Fire & Safety, LLC will be governed by and construed in accordance with the laws of the State of Florida. The delivery of signatures to this Agreement may be via facsimile transmission or other electronic means and shall be binding as original signatures. This Agreement shall constitute the entire agreement and supersede any prior agreement between the parties concerning the subject matter of this Agreement. This Agreement may only be modified by an amendment, in writing, signed by duly authorized representatives of both parties with authority to sign such amendments to this Agreement. In the event of a conflict between the Ten-8 Proposal and these Terms and Conditions, the Ten-8 Proposal shall control except in the case of a Cooperative Purchasing Contract as set forth in Section 1(c) and (h) of these Purchasing Terms and Conditions. If any term of this Agreement is determined to be invalid or unenforceable by a competent legal authority, such term will be either reformed or deleted, as the case may be, but only to the extent necessary to comply with the applicable law, regulation, order or rule, and the remaining provisions of the Agreement will remain in full force and effect. Option List Attachment 3 3/6/2023 Customer: Representative Organization: Requirements Manager: Description: Body: Chassis: Canaveral Fire Rescue Autorino, Anthony Ten-8 Fire & Safety, LLC Canaveral Air and Light Truck 2022 HDR, Non -Walk -In, Aluminum Velocity Chassis (Big Block), 2010 Bid Number: Job Number: Number of Units: Bid Date: Stock Number: Price Level: Lane: 649 1 02/24/2023 44 (Current: 44) Line Option Type Option Description Qty 1 0766614 2 0661794 3 0584456 4 0584452 5 0588609 6 0610784 7 0533352 8 0588614 9 0681285 10 0891947 11 0733614 12 0535579 13 0030006 14 0807711 15 0000007 16 0002928 17 0564202 18 0000110 19 0000070 20 0000203 21 0889469 22 0508849 23 0010427 24 0087572 25 0000322 26 0899438 27 0019611 28 0530465 29 0544253 30 0122075 31 0000485 32 0782805 33 0019668 34 0568081 35 0620570 36 0801909 37 0003245 38 0001960 39 0002045 40 0544802 Boiler Plates, Heavy Duty Rescue Fire Department/Customer- CANAVERAL FIRE RESCUE Operating/In conjunction W-Service Center - Operating Miles - 100 Miles Number of Fire Dept/Municipalities - 5 Bidder/Sales Organization - TEN-8 FIRE EQUIPMENT, INC. Delivery - Delivery representative Dealership/Sales Organization, Service - TEN-8 FIRE EQUIPMENT, INC. Single Source Compliance Manufacture Location, Appleton, Wisconsin RFP Location: Appleton, Wisconsin Vehicle Destination, US Comply NFPA 1901 Changes Effective Jan 1, 2016, With Exceptions Special Services (Rescue) Fire Apparatus Vehicle Certification, Rescue Agency, Apparatus Certification, Rescue, U.L. Certification, Vehicle Inspection Program, NFPA 1901 Consortium, NPPGov (LOC) Not Required, Unit of Measure, (no pump, no tank) Bid Bond Not Requested Performance Bond, 100% Req'd Approval Drawing Electrical Diagrams Velocity Chassis (Big Block), 2010 Wheelbase Wheelbase - 215.75 inches GVW Rating GVW rating - 46,500 pounds Frame Rails, 13.38 x 3.50 x .375, Qtm/AXT/ImpNel/DCF Frame Liner, "C/Inv L" 12.50" x 3.00" x .25", AXTNeI/Imp/Enf, 56" QVaI Axle, Front, Oshkosh TAK-4, Non Drive, 22,800 Ib, ImpNel Suspension, Front TAK-4, 22,800 Ib, Qtm/AXT/ImpNel/Enf/SFR Shock Absorbers, KONI, TAK-4, Qtm/AXT/Imp/VeI/DCF/Enf Oil Seals, Front Axle Tires, Front, Goodyear, Armor MAX MSA, 425/65R22.50, 20 ply Wheels, Front, Alcoa, 22.50" x 12.25", Aluminum, Hub Pilot Axle, Rear, Meritor RS25-160, 27,000 Ib, Imp/Vel/Dash CF Top Speed of Vehicle, 68 MPH Suspen, Rear, Standens, Spring, 27,000 Ib, Imp/Vel Oil Seals, Rear Axle Tires, Rear, Goodyear, Armor Max MSD, 12R22.50, LRH, Single Wheels, Rear, Alcoa, 22.50" x 9.00", Aluminum, Hub Pilot, Single Tire Balancing, Counteract Beads Tire Pressure Monitoring, RealWheels, AirSecure, Valve Cap, Single Axle Qty, Tire Pressure Ind - 6 Lug Nut, Covers, Chrome Axle Hub Covers w/center hole, S/S, Front Axle Axle Hub Covers, Rear, S/S, High Hat (Pair) Mud Flap, Front and Rear, Pierce Logo Chocks, Wheel, SAC-44-E, Folding Qty, Pair - 01 1 3/6/2023 10:12 AM Bid #: 649 Page 1 Line Option Type Option Description Qty 41 0544806 Mounting Brackets, Chocks, SAC-44-E, Folding, Horizontal 1 Qty, Pair - 01 Location, Wheel Chocks - Left Side Rear Compt 42 0010670 ABS Wabco Brake System, Single rear axle 1 43 0030185 Brakes, Knorr/Bendix 17", Disc, Front, TAK-4 1 44 0000730 Brakes, Meritor, Cam, Rear, 16.50 x 7.00" 1 45 0735527 Air Compressor, Brake, Wabco 26.8 CI, Paccar 1 46 0000785 Brake Reservoirs, Three 1 47 0568012 Air Dryer, Wabco System Saver 1200, Heater, 2010 1 48 0000790 Brake Lines, Nylon 1 49 0000854 Air Inlet, w/Disconnect Coupling 1 Location, Air Coupling(s) - a) DS Step Well, Forward Qty, Air Coupling (s) - 1 50 0000845 Air Tank, Additional for Extra Capacity 1 51 0615609 Fittings, Compression Type, Entire Apparatus, Single Rear Axle 1 52 0811017 SP Engine, Paccar MX13, 510HP, 1850 lb-ft W/OBD, EPA 2024, Velocity, 1 BMP/HDR/STK 53 0001244 High Idle w/Electronic Engine, Custom 1 54 0735687 Engine Brake, Fully Integrated, Paccar MX13 Engine 1 Switch, Engine Brake - MX13 55 0733852 Clutch, Fan, Air Actuated, Paccar, VEL 1 56 0734434 Air Intake, Water & Ember Screen, Paccar, VEL 1 57 0794743 Exhaust System, 5", X12/X15, MX13, Engine, Horizontal, Right Side 1 58 0734440 Radiator, VEL, Paccar 1 59 0511425 Cooling Hoses, Rubber 1 60 0001125 Fuel Tank, 65 Gallon, Left Side Fill 1 61 0001129 Lines, Fuel 1 62 0734402 DEF Tank, 7.3 Gallon, LS Fill, Under Cab, Paccar, VEL 1 63 0552793 Not Required, Fuel Priming Pump 1 64 0552712 Not Required, Shutoff Valve, Fuel Line 1 65 0891206 SP Cooler, Engine Fuel, Paccar MX13 1 66 0698720 Fuel Cap Retaining Chain With Holder 1 67 0690880 No Selection Required From This Category 1 68 0887546 Trans, Allison 6th Gen, 4000 EVS P, w/Prognostics, ImpNel/SFR/Enf 1 69 0625331 Transmission, Shifter, 6-Spd, Push Button, 4000 EVS 1 70 0684459 Transmission Oil Cooler, Modine, External 1 71 0565656 Fluid, 4000/4500 Series Transmission,TranSynd synthetic, IPOS, Custom 1 72 0001375 Driveline, Spicer 1810 1 73 0734211 Steering, Sheppard M110 w/Tilt, TAK-4, Paccar Pump, w/Cooler, Paccar 1 74 0001544 Not Required, Steering Assist Cylinder on Front Axle 1 75 0509230 Steering Wheel, 4 Spoke without Controls 1 76 0550144 Logo/Emblem, on Horn Button 1 Text, Row (1) One - CANAVERAL Text, Row (2) Two - FIRE Text, Row (3) Three - RESCUE 77 0123625 Bumper, 19" Extended, Imp/Vel 1 78 0510226 Lift & Tow Package, Imp/VeI, AXT, Dash CF 1 79 0522573 Tow Hooks Not Required, Due to Lift and Tow Package 1 80 0698960 Coating, Top Flange, Front Bumper, Outside Exterior, UL-LX Coating, Black 1 81 0647242 Cab, Velocity FR, 6020 Raised Roof 1 82 0601652 Engine Tunnel, X12-15, MX13, Spray Insulation, Velocity FR 1 83 0677478 Rear Wall, Exterior, Cab, Aluminum Treadplate 1 84 0122466 Cab Lift, Elec/Hyd, w/Manual Override, ImpNel 1 85 0123176 Grille, Bright Finished, Front of Cab, Velocity 1 86 0002224 Scuffplates, S/S At Cab Door Jambs, 4-Door Cab 1 Material Trim/Scuffplate - c) S/S, Polished 87 0527032 Trim, S/S Band, Across Cab Face, Rect Lights, Velocity 1 Material Trim/Scuffplate - c) S/S, Polished Turnsignal Covers - Polished S/S Covers 88 0015440 No Chrome Molding, On side of cab 1 89 0521669 Mirrors, Retrac, West Coast Style, Htd/Rmt, w/Htd/Rmt Convex 1 3/6/2023 10:12 AM Bid #: 649 Page 2 Line Option Type Option Description Qty 90 0667921 Door, Half -Height, Velocity FR 4-Door Cab, Raised Roof 1 Key Model, Cab Doors - 751 Cab, Exterior Door Handle, Finish - 4-Door, Chrome/Black 91 0655511 Door Panel, Brushed Stainless Steel, Impel/Velocity 4-Door Cab 1 92 0667905 Storage Pockets w/ Elastic Cover, Recessed, Overhead, Impel/Velocity FR 1 93 0667902 Controls, Electric Windows, All Cab Doors, Impel/Velocity FR 1 94 0555485 Steps, 4-Door Full Tilt Cab, Imp/Vel 1 95 0770194 Handrail, Exterior, Knurled, Alum, 4-Door Cab 1 96 0892637 Lights, Cab & Crw Cab Acs Stps, P25, LED w/Bezel, 1 Lt Per Step 1 Color, Trim - Chrome Housing 97 0002140 Fenders, S/S on Cab 1 98 0122479 Window, Side of C/C, Fixed, Velocity 1 99 0552935 Trim, Cab Side Windows, Velocity 1 100 0012090 Not Required, Windows, Front/Side of raised roof 1 101 0530327 Window, Rear Side of CC, Upper, Fixed, 20" Raised Roof 1 102 0509287 Windows, Rear CC, (2) 11.25" x 18", Velocity 1 103 0553196 Trim, Cab Rear Windows, Velocity 1 104 0609773 Lip, Dash Board, 2.00" Aluminum Angle Lip, DA Finish, Officer Side 1 105 0609631 Guard, Door Lock, Driver and Officer Door, Vel/Imp/SFR/Enf 1 106 0658077 Mounting Provisions, 3/16" Alum, Engine Tunnel, Size Feature 1 Location - top of engine tunnel Size - as large as possible Mounting Provision Spacing - 1.00" Material Finish, Cab Interior - Painted 107 0748671 Cab Interior, Vinyl, Velocity FR, CARE 1 Color, Cab Interior Vinyl/Fabric - Endure Vinyl - Silver/Gray 108 0667943 Cab Interior, Paint Color, Impel/Velocity FR 1 Color, Cab Interior Paint - i) fire smoke gray 109 0509532 Floor, Rubber Padded Cab & Crew Cab, ImpNel, Dash CF 1 110 0894651 HVAC, Velocity FR, w/PACCAR, CARE 1 Paint Color, A/C Condenser - Painted to Match Cab Roof HVAC System, Filter Access - Removable Panel Auxiliary Cab Heater - Both 111 0639675 Sun Visor, Smoked Lexan, AXT, ImpNel, Saber FR/Enforcer 1 Sun Visor Retention - No Retention 112 0543257 Grab Handles, Driver Door Post & Passenger Dash Panel, Imp/Vel 1 113 0583938 Lights, Engine Compt, Custom, Auto Sw, Win 3SC0CDCR, 3" LED, Trim 1 Qty, - 01 114 0122516 Fluid Check Access, ImpNel 1 Latch, Door, Storage - Lift and Turn Latch, Flush 115 0631747 Map Box, 2 bin, Open from Top, 18.00" L x 12.00" W x 8.00" D 1 Location - centered on the engine tunnel 116 0583039 Not Required, Side Roll and Frontal Impact Protection 1 117 0622617 Seating Capacity, 6 Seats 1 118 0697007 Seat, Driver, Pierce PS6, Premium, Air Ride, High Back 1 119 0696995 Seat, Officer, Pierce PS6, Premium, Air Ride, SCBA 1 120 0002517 Not Required, Radio Compartment 1 121 0123152 Seat, Rear Facing C/C, DS Outboard, Pierce PS6, Premium, SCBA 1 122 0102783 Not Required, Seat, Rr Facing C/C, Center 1 123 0123155 Seat, Rear Facing C/C, PS Outboard, Pierce PS6, Premium, SCBA 1 124 0108189 Not Required, Seat, Forward Facing C/C, DS Outboard 1 125 0123169 Seat, Forward Facing C/C, Center, (2) Pierce PS6, Base, SCBA 1 126 0108190 Not Required, Seat, Forward Facing C/C, PS Outboard 1 127 0766467 Upholstery, Seats In Cab, All Vinyl, Seats Inc, CARE 2 Color, Cab Interior Vinyl/Fabric - Endure Vinyl - Silver/Gray Qty, - 02 128 0543991 Bracket, Air Bottle, Hands -Free II, Cab Seats 1 Qty, - 1 129 0603867 Seat Belt, ReadyReach 1 Seat Belt Color - Red 130 0604863 Seat Belt Height Adjustment, 6 Seats, Imp/Vel, Dash CF 1 131 0602464 Helmet Storage, Provided by Fire Department, NFPA 2016 1 3/6/2023 10:12 AM Bid #: 649 Page 3 Line Option Type Option Description Qty 132 0647647 Lights, Dome, FRP Dual LED 4 Lts 1 Color, Dome Lt - Red & White Color, Dome Lt BzI - Black Control, Dome Lt White - Door Switches and Lens Switch Control, Dome Lt Color - Lens Switch 133 0896451 Enhanced Software for Cab and Crew Cab Dome Lts 1 134 0631776 Not Required, Overhead Map Lights 1 135 0602618 Portable Hand Lt,Provided by Fire Dept,Special Services,NFPA 2016 Classification 1 136 0568369 Cab Instruments, Ivory Gauges, Chrome Bezels, ImpelNelocity 2010 1 137 0509511 Air Restriction Indicator, ImpNel, AXT, Dash CF, Enf MUX 1 138 0543751 Light, Do Not Move Apparatus 1 Alarm, Do Not Move Truck - Steady Alarm 139 0509042 Messages, Open Dr/DNMT, Color Dsply, 1 140 0611681 Switching, Cab, Membrane, Impel/Velocity/Quantum, Dash CF, AXT WiFi MUX 1 Location, Emerg Sw Pnls - Driver's Side Overhead 141 0555915 Wiper Control, 2-Speed with Intermittent, MUX, ImpelNelocity 1 142 0548006 Wiring, Spare, 15 A 12V DC 2nd 1 Qty, - 01 12vdc power from - Battery direct Wire termination - 15 amp power point plug Location - center overhead switch panel with the seat belt monitoring display 143 0797189 Wiring, Spare, 4.8 A 12V DC, USB Termination Blue Sea 1045 1st 1 Qty, - 01 12vdc power from - Battery direct Location - #9 144 0548016 Wiring, Spare, 30 A 12V DC 2nd 1 Qty, - 01 12vdc power from - Battery direct Wire termination - 10-Place Bus Bar w/Cover Location - in the area behind the driver's seat 145 0548004 Wiring, Spare, 15 A 12V DC 1st 4 Qty, - 04 12vdc power from - Battery direct Wire termination - 15 amp power point plug Location, Spare Wiring - two to the left of the officer and two in switch panel #9 146 0548015 Wiring, Spare, 30 A 12V DC 1st 1 Qty, - 01 12vdc power from - Battery direct Wire termination - 10-Place Bus Barw/Cover Location, Spare Wiring - near circuit breaker panel 147 0803875 Radio, AM/FM/WB, Jensen, Frt,Rear Aux In/Frt,Rear USB/Bluetooth 1 Speakers, AM/FM Radio - One (1) pair of speakers, Cab Antenna, AM/FM Radio - c) Roof -mounted rubber antenna Location, AM/FM Radio - a) within reach of the driver 148 0615386 Vehicle Information Center, 7" Color Display, Touchscreen, MUX 1 System Of Measurement - US Customary 149 0734857 Collision Mitigation, HAAS Alert (R2V), HA5 1 Subscription, HAAS R2V - R2V - 5 Year Data Plan Subscription 150 0606247 Vehicle Data Recorder w/CZ Display Seat Belt Monitor 1 151 0891613 Intercom, Setcom, Wireless, LiberatorMAX-16, Location 1 Location - Per instrument panel 152 0009063 Not Required, Radio Interface 1 153 0891618 Headset, Setcom, CSB-901MAX-16, Wireless, Intercom Only 2 Qty, - 02 Location - Crew and Crew 154 0891619 Headset, Setcom, CSB-900MAX-16, Wireless, Radio Transmit 2 Qty, - 02 Location - Driver and Officer 155 0681408 Hangers For Headsets, NFPA, Each 6 Qty, - 06 Location, Headset Hangers - Driver Seat and Officer Seat 3/6/2023 10:12 AM Bid #: 649 Page 4 Line Option Type Option Description Qty 156 0559156 157 0696439 158 0653519 159 0896458 160 0896456 161 0892649 162 0730603 163 0079166 164 0008621 165 0199928 166 0579436 167 0012782 168 0531403 169 0016848 170 0026800 171 0647728 172 0092582 173 0783153 174 0648425 175 0620054 176 0648074 177 0627282 178 0804519 179 0805618 180 0889577 181 0589905 182 0763690 183 0686972 184 0687604 185 0616293 186 0683575 187 0896454 188 0602664 189 0776357 Install Customer Provided Two -Way Radio(s) 2 Location - Per Instrument panel layout Qty, - 02 Antenna Mount, Custom Chassis, Cable Routed to Instrument Panel Area 2 Qty, - 02 Location, Antenna Mount - centered behind the light bar Camera, Pierce, Driver Mux, R, RS, LS Cameras 1 Camera System Audio - Not Provided Pierce Command Zone, Advanced Electronics & Control System, Vel WiFi CZT 1 Color, Antenna - Black Antenna Module Housings - Black Housing with Power and Status Ind Prognostics, Electrical System 1 CZ Connect Telematics 1 Subscription, CZ Connect Telematics - 3 Year Subscription Electrical System, Velocity ESP, Cummins, Paccar 1 Batteries, (4) Exide Grp 31, 950 CCA ea, Threaded Stud 1 Battery System, Single Start, All Custom Chassis 1 Battery Compartment, 2 Door Cab, No Crew Cab, Imp/Vel 1 Location - passenger's side Charger, Sngl Sys, Kussmaul, 1200, 091-187-12-Remote, 40 Amp Bar Display 1 Location, Charger, Front Left Side Body Compartment 1 Location, Battery Chrgr/Cmpr - High On Left Wall Location, Bat Chrg Ind, Driver's Seat with Bracket 1 Shoreline, 20A 120V, Kussmaul Auto Eject 091-20WP-120 1 Qty, - 01 Color, Kussmaul Cover - b) red Connection, Shoreline - the on -board battery charger Shoreline Location 1 Location, Shoreline(s) - DS Cab Side Alternator, 430 amp, Delco Remy 55S1 1 Load Manager/Sequencer, MUX 1 Enable/Disable Hi -Idle - e)High Idle enable Headlights, Rect LED, JW Spkr Evo 2, AXT/DCF/Enf/Imp/Sab/Ve1 1 Color, Headlight Bez - Chrome Bezel Light, Directional, Win 600 Cmb, Cab Crn, ImpNe1/AXT/Qtm/DCF 1 Color, Lens, LED's - m)match LED's Light, Directional/Marker, Intermediate, Weldon 9186-8580-29 LED 2lts 1 Lights, Clearance/Marker/ID, Front, P25 LED 7 Lts 1 Lights, Clearance/Marker/ID, Rear, FRP LED Bar & P25 LED 4Lts 1 Lights, Tail, Win M62BTT* Red Stop/Tail & M62T* Amber Dir Arw 1 Color, Lens, LED's - Clear Color, Trim - Chrome Trim Flash Pattern, Directional Lts - Steady On (Arrow) Lights, Backup, Win M62BU 1 Color, Trim - Chrome Trim Bracket, License Plate & Light, P25 LED, Stainless Brkt 1 Color, Trim - Chrome Housing Alarm, Back-up Warning, PRECO 1040 1 Indicator, Back-up Warning, Ultrasonic 4-zone 1 Location - in view of driver Light, Marker, Britax Rubber Arm, Model L427.203.L12 LED, Red/Amb, Qty/Loc, Dir 1 Location, Lights - one each side on the rear corners of the apparatus body Qty, Lights (pair) - 1 Lights, Perimeter Cab, Truck-Lite 6060C LED 4Dr, Grommet Mt 1 Not Required, Lights Perimeter Pump House, No Pump 1 Lights, Perimeter Body, Truck-Lite 6060C LED 2ts, Rear Step 1 Control, Perimeter Lts - Parking Brake Applied Enhanced Software for Perimeter Lts 1 Lights, Step, P25 LED, HDR-NWI, Rear & Rec Walkway, Prk Brk 1 Light, Visor, Win, 12V P*H2* Pioneer, Cnt Feature, 1st 1 Qty, - 01 Location, driver's/passenger's/center - Centered 3/6/2023 10:12 AM Bid #: 649 Page 5 Line Option Type Option Description Qty 189 190 0773722 191 0774333 192 0774579 193 0004961 194 0645677 195 0795742 196 0019030 197 0020773 198 0656685 199 0798578 200 0617576 201 0692726 Color, Win Lt Housing - Red #106 Paint Control, Scene Lts - Cab Sw Panel DS Scene Light Optics - Flood/Spot Lights, Win, P*H2* Pioneer, 12 VDC, 3rd 1 Location - on the rear of the apparatus body, centered above the door Qty, - 01 Color, Win Lt Housing - Red #106 Paint Control, Scene Lts - Cab Sw Panel DS and Body Switch, DS Rear Bulkhead Scene Light Optics - Flood Mount, Win II - Semi -recessed 0 deg P"2 Lights, Win, P*H2* Pioneer, 12 VDC, 2nd 2 Location - on the passenger's side of the apparatus body, front and rear Qty, - 02 Color, Win Lt Housing - Red #106 Paint Control, Scene Lts - Cab Sw Panel DS Scene Light Optics - Flood Mount, Win II - Semi -recessed 0 deg P**2 Lights, Win, P*H2* Pioneer, 12 VDC, 1st 2 Location - on the driver's side of the apparatus body, front and rear Qty, - 02 Color, Win Lt Housing - Red #106 Paint Control, Scene Lts - Cab Sw Panel DS Scene Light Optics - Flood Mount, Win II - Semi -recessed 0 deg P**2 Not Required, Work Lights, Alt. Rear Lights, HDR/Encore, No Hose Bed 1 Lights, Not Required, Rear Work, Alt. 12 Volt Lights At Rear Body 1 Not Required, Walking Surface, Alt. Walking Surface Lights, HDR 1 HDR, Non -Walk -In, Aluminum 1 21.5' Body Length, 60.60.57.60, NWI 1 100" Body Width, NWI 1 103.25" Body Height, NWI 1 NWI, Hatch, Recessed Walkway & Recessed Area 1 Configuration of Hatch Compartments - 1.) Two Each Side Location, Recessed Area - Front, Transverse Doors, Gortite, Roll -up, Side Compartments 8 Qty, Door Accessory - 08 Color, Roll -up Door, Gortite - Satin finish Latch, Roll -up Door, Gortite - Locking, 751, AXT/Qtm/Dash CF/Saber Cab 202 0041743 21.5' Body Roll Doors, 60.60.57.60, NWI 1 203 0587019 SP Left Forward Compt, 60" & 60", Roll, 72" High, NWI 1 204 0658074 SP Left Over Wheel Compt, 57" Wide x 44.25" High, Roll, Transverse, NWI 1 205 0688631 SP Left Rear Compt, 60" W x 72" H, Roll, NWI 1 206 0586996 SP Right Forward Compt, 60" & 60", Roll, 72" High, NWI 1 207 0658073 SP Right Over Wheel Compt, 57" Wide x 44.25" High, Roll, Transverse, NWI 1 208 0688630 SP Right Rear Compartment, 60" W x 72" H, Roll, NWI 1 209 0766351 SP Rear Compt, Roll Door, 40" W x 72" H, Gortite, Single Axle 1 Color, Roll -up Door, Gortite - Satin finish Latch, Roll -up Door, Gortite - Locking, 751, AXT/Qtm/Dash CF/Saber Cab 210 0503432 AudioNideo Network Not Provided 1 211 0596705 Awning, Electric, HDR Body, Girard, G-2000, Painted Cover 2 Location - DS & PS Color, Paint - Match Upper Body Qty, - 02 Color - 4) white 212 0033977 Ladder, Access, Zico Quic-Ladder, Model RL-2-6 1 Location, driver's/passenger's/center - Right Side 213 0033543 Step, Recessed Walkway Area 1 214 0023359 Floor Extension, Compt 5 Location - LS3, LS4, RS3, RS4, and B1 Qty, - 05 3/6/2023 10:12 AM Bid #: 649 Page 6 Line Option Type Option Description Qty 215 0509084 Rack, SCBA Bottles, 7.50" x 7.50", Additional 14 Location - RS3 Under Floor Extension Qty, - 14 Configuration - 2H x 7 W 216 0004201 Rack, SCBA Bottles, 7.50" x 7.50" 16 Location - RS1 Rear Qty, - 16 Configuration - 8H x 2W 217 0794489 Bumper, Rear, Non -Walk -In 13.00" D 1 218 0793822 Not Required, Water Tank, Rescue 1 219 0023410 Not Required, Overflow 1 220 0028107 Not Required, Foam Cell Modification 1 221 0013534 Not Required, Running Boards 1 222 0690026 Wall, Rear, Body Material 1 223 0003540 Tow Eyes (2) (Tanker/Rescue) 1 224 0045159 Guard, Drip Pan, S/S, L-Shape, Cover Bottom and Rear of Rollup Door Roll 9 Qty, Door Accessory - 09 Location, Door Accessory - all body compartment doors 225 0689547 Lights, Compt, Pierce LED, Dual Light Strips, Each Side of Door, HDR 9 Qty, - 09 226 0606068 Lights, Hatch Compt, Pierce LED Strip Lights, HDR 1 227 0652244 Shelf, Adjustable, 500 Ib Capacity, 1/2 Trans, HDR 4 Qty, Shelf - 04 Location, Shelf - LS4, LS3, RS4, RS3 Material Finish, Shelf - Painted - Spatter Gray 228 0667235 Cable, Single Hand Operation, Tilt/Slide Out, Utility Trays 10 Location - All Slide out Trays Qty, Tray (slide -out) - 10 229 0652262 Tray, 200 Ib, Tilt/Slide-out, 30 Deg, Adj, 1/2 Trans, HDR 4 Location - LS4, LS3, RS4, RS3 Qty, Tray (slide -out) - 04 Material Finish, Tray - Painted - Spatter Gray 230 0729911 SP Tray, Floor Mounted, Utility, One Way Slide -Out, 5001b, 3" Sides, Rear Compt,60" 1 Material - paint to match compt interior 231 0646980 Tray, Floor Mounted, Slide -Out, Standard Depth Compt, 5001b, 2.00" Sides, HDR 1 Qty, - 01 location - LS1 Material Finish, Tray - Painted - Spatter Gray 232 0646559 Tray, Floor Mounted, Utility, One Way Slide -Out, 5001b, 3" Sides, 1/2 Trans 4 Qty, - 04 location - LS4, LS3, RS4, RS3 Material Finish, Tray - Painted - Spatter Gray 233 0004016 Rub Rail, Aluminum Extruded, Side of Body 1 234 0004024 Fender Crowns, Rear, S/S 1 235 0519849 Not Required, Hose, Hard Suction 1 236 0044229 No Extension Ladder Req'd 1 237 0074231 No Roof Ladder Req'd 1 238 0074248 Not Required, Folding Ladder 1 239 0540739 Not Required, Rack, Equipment Storage, Rear Compt 1 240 0044067 Step, HDR Pull -Out Rear 1 Location, driver's/passenger's/center - Center 241 0518339 Not Required, Pump House, Rescue 1 242 0092531 Not Required, Pump House Structure 1 243 0796159 Not Required, Pump, Rescue 1 244 0012216 No Seal/Packing Required 1 245 0012690 Not Required, Trans, Pump 1 246 0669703 Not Required, Pumping Mode 1 247 0024484 Not Required, Pump Shift 1 248 0046295 Transmission Lock -up, Not Req'd, NO PUMP 1 249 0046296 Not Required, Auxiliary Cooling System, NO PUMP 1 250 0046283 Not Required, Transfer Valve, NO PUMP 1 251 0024513 Not Required, Intake Relief Valve 1 252 0046403 No Relief Valve Req'd, No Pump 1 3/6/2023 10:12 AM Bid #: 649 Page 7 Line Option Type Option Description Qty 253 0012336 No Pump Primer Req'd 1 254 0012816 Not Required, Pump Manuals 1 255 0090789 Not Required, Plumbing, No Pump 1 256 0046371 Not Required, No Plumbing or Foam System 1 257 0796254 No Main Inlet Required, Rescue No Pump 1 258 0584002 Not Required, Cap, Main Pump Inlet, No Side Inlet Caps Required, No Pump 1 259 0089389 No Valves, (No Pump) 1 260 0074685 Not Required, Inlet Installation 1 261 0064700 Not Required, Inlet Control 1 262 0055600 Not Required, Auxiliary Inlet, Left Side 1 263 0029147 Not Required, Inlet, Right Side 1 264 0681723 No Bleeder Valve, No Pump 1 265 0681730 Not Required, Tank to Pump, No Pump 1 266 0074900 Not Required, Tank Fill 1 267 0089394 Not Required, Outlet Control, No Pump 1 268 0551181 Not Required, Outlet, Left Side, Rescue 1 269 0055095 Not Required, Elbow, Left Side Outlets, 2.50" 1 270 0092570 Not Required, Outlets, Left Side Additional 1 271 0021143 Not Required, Outlet, Right Side 1 272 0021134 Not Required, Elbow, Right Side Outlets 1 273 0092571 Not Required, Outlets, Right Side Additional 1 274 0089584 Not Required, Elbow, Right Side Outlets, Additional 1 275 0545326 Not Required, Outlet, Large Diameter, No Pump 1 276 0007308 Not Required, Elbow, Large Diameter Outlet 1 277 0092572 Not Required, Outlet, Front 1 278 0092575 Not Required, Outlet, Rear 1 279 0045099 Not Required, Elbow, Rear Outlets 1 280 0092574 Not Required, Outlet, Rear, Additional 1 281 0728255 Not Required, Caps/Plugs for 1.00" to 3.00" Discharges/Inlets 1 282 0089391 Valve, Bleeder - None Req'd, (No Pump) 1 283 0029106 Not Required, Deluge Outlet 1 284 0029302 No Monitor Requested 1 285 0029304 No Nozzle Req'd 1 286 0029107 No Deluge Mount 1 287 0723726 Speedlay Module Not Required 1 288 0722432 Hose Restraint Not Required, No Speedlay Module 1 289 0723395 Speedlays, Not Required 1 290 0723394 Speedlays, Not Required 1 291 0519936 Not Required, 1.50" Crosslays, Rescue 1 292 0500535 Not Required, Hose Restraint, Crossley 1 293 0029260 Not Required, Speedlays 1 294 0750536 Hose Restr, Spdly, Not Required, No Spdly 1 295 0046372 Not Required, Foam System, Pump, or Plumbing 1 296 0012126 Not Required, CAF Compressor 1 297 0552517 Not Required, Refill, Foam Tank 1 298 0042573 Not Required, Foam System Demonstration 1 299 0045465 Not Required, Foam Tanks 1 300 0091110 Not Required, Foam Tank Drain 1 301 0091079 Not Required, Foam Tank #2 1 302 0091112 Not Required, Foam Tank #2 Drain 1 303 0738072 Approval Dwg, Pump Panel(s), Not Required 1 304 0000261 Not Required, Pump Panel Layout 1 305 0030701 Not Required, Material, Pump Panels, No Panel 1 306 0046495 Not Required, Pump Access, No Pump 1 307 0002624 Not Required, No Chassis Engine Gauges @ Pump Panel 1 308 0046400 Throttle, Engine, Not Required, No Pump/Skid Pump 1 309 0892618 Not Required, Indicator Light, Pump Panel, No Pump or Skid Pump 1 310 0046378 Not Required, Gauges, Vac/Pressure, No Pump 1 311 0046375 Not Required, Gauges, No Pump 1 312 0035650 Not Required, Water Level Gauge 1 3/6/2023 10:12 AM Bid #: 649 Page 8 Line Option Type Option Description Qty 313 0006774 314 0046280 315 0606694 316 0606835 317 0757092 318 0757077 319 0757076 320 0533071 321 0510206 322 0076156 323 0601306 324 0601565 325 0895310 326 0665593 327 0748305 328 0748282 329 0748281 330 0740834 331 0746353 332 0606710 333 0898734 334 0653937 335 0795711 336 0745867 337 0743910 338 0540783 339 0541155 Not Required, Foam Level Gauge 1 Not Required, Light Shield, No Pump 1 Air Horns, (2) Hadley, 6" Round, eTone, In Bumper 1 Location, Air Horns, Bumper, Each Side, Outside Frame, Outboard (Pos #1 & #7) 1 Control, Air Horn, Multi Select 1 Control, Air Horn, Lanyard, LS 1 Lanyard - Nylon Rope Control, Air Horn, Lanyard, RS 1 Lanyard - Nylon Rope Siren, Win 295SLSC1, 100 or 200 Watt, w/Plug-in/Detachable Microphone Cord 1 Location, Elect Siren, Recessed Overhead In Console 1 Location, Elec Siren - Overhead, DS Inside Sw Pnl Control, Elec Siren, Head Only 1 Speaker, (1) Win, SA315P, w/Pierce Polished Stainless Steel Grille, 100 watt 1 Connection, Speaker - siren head Location, Speaker, Frt Bumper, Recessed, Center (Pos 4) 1 Siren, Federal Q2B 1 Finish, Q2B Siren - Chrome Siren, Mechanical, Recessed In Bumper, Special Recessing Depth, EF Grille 1 Location, Siren, Mech - c) center Control, Mech Siren, Multi Select 1 Control Mech Siren, Ft Sw LS 1 Control Mech Siren, Ft Sw RS 1 Sw, Siren Brake, Momentary Red, LS Overhead Sw Pnl 1 Not Required, Warning Lights Intensity 1 Lightbar, Win, Freedom IV-Q, 72", RR_R_W W R RR 1 Filter, Whl Freedom Ltbrs - No Filters Light, Front Zone, Win M6** M6** M6" M6" Q Bzl 1 Color, Lens, LED's - Clear Color, Lt DS Frnt Outside - Left Red Color, Lt PS Frnt Outside - Right Red Color, Lt DS Front Inside - Left Red Color, Lt PS Front Inside - Right Red Color, Q Bezel and Trim - Polished Chrome Flasher, Headlight Alternating 1 Headlt flash deactivation - a)w/high beam Lights, Side Zone Lower, Win M6*C LED, Clear Lens, 3pr, Ovr 25, Rescue 1 Location, Lights Front Side - b)each side bumper Color, Lt Side Front - Red Color, Lt Side Middle - Red Color, Lt Side Rear - Red Location, Lights Mid Side - Rearward of Crew Cab Doors Location, Lights Rear Side - Over Rear Wheels Lights, Side, Win M9** LED, Trm Fet 1st 2 Location, Lights - on the forward ends of the apparatus body each side, up high Qty, - 02 Color, Lights, Warning - Red Control, Light - a) rear upper warning Color, Lens, LED's - Clear Color, Trim - Chrome Trim Lights, Side, Win M6** LED, Trm Fet 1st 4 Location, Lights - above the cab wheel openings each side and in the forward areas of the rear body fender panels each side Qty, - 04 Color, Lights, Warning - Red Flashing Color, Lens, LED's - Clear Color, Trim - Chrome Trim Lights, Rear Zn Lwr, Win M6*C LED 1 Color, Lt DS Rear - r) DS Rear Lt Red Color, Lt PS Rear - r) PS Rear Lt Red Lights, Rear/Side Up Zone, Win M9*C LED, Clear Lens 4lts 1 Color, Lt, Side Rear Upper DS - Side Rear Upper Red Color, Lt, Side Rear Upper PS - Side Rear Upper Red 3/6/2023 10:12 AM Bid #: 649 Page 9 Line Option Type Option Description Qty 339 Color, Lt, Rear Upper DS - r) DS Rear Upper Red Color, Lt, Rear Upper PS - r) PS Upper Rear Red 340 0006551 Not Required, Lights, Rear Upper Zone Blocking 1 341 0006646 Electrical System, 120/240VAC, General Design 1 342 0888995 Generator, MagnaPlus, 80kW Continuous, 120/240Vac, 60Hz, 3 Phase, PTO 1 343 0016645 Location, PTO Generator, Between the Frame Rails 1 344 0016752 Starting Sw, Truck Engine Powered Gen, Cab Sw Pnl 1 345 0016757 Not Required, Remote Start, Generator 1 346 0016740 Not Required, Fuel System 1 347 0016767 Not Required, Oil Drain Extension, Generator 1 348 0036738 Circuit Breaker Panel, Included With PTO Generator 1 Location, Circuit Breaker Panel - RS4, Back Wall Low 349 0092381 Guard, Splash Guard for PTO Generator Between the Frame Rails, Stainless Steel 1 350 0016771 Not Required, Routing Exhaust, Generator 1 351 0648976 Light Twr, W-B Pow NS4.5-900 WHL, 6-PCP2 120AC Lts Cld 15' 1 Detector, AC Lt Tower - Shall include the AC detector Color, Tower, Wlb - White Paint 352 0639593 Location, Light Tower, Rescue Body Roof, Forward 1 353 0617738 Controller, Lt Twr, W-B, Wired Hndhld, E-STOP Pow, Pow X, Vrt 1 354 0664791 Location, Light Tower Controller, Driver's Side Front Body Compartment 1 355 0607099 Reel, Elect Cable, Hannay, 1600, (3) Wire (HDR/Rescue) 2 Qty, Cord Reels - 2 Reel Guide - b) Captive roller Location - LS1, RS1 High and to the rear Finish, Reel - Painted Gray 356 0006828 Cord, Electric, 10/3 Yellow, 3 Wire 2 Lengths of Elect Cord - 2 Feet of Yellow Cord - e)200 Connection, Cord - Direct connection 357 0778560 Receptacle, 15A 120V 3-Pr 3-Wr TL, Wtrprfroof 2 Location, Receptacles - one each side of the apparatus body forward of the wheel openings Qty, - 02 AC Power Source - Generator 358 0783678 Receptacle, 15/20A 120V 3-Pr 3-Wr, NEMA 5-20R SB Dup, 1st 2 Location, Receptacles - one each side of the body rearward of the wheel opening Qty, - 02 AC Power Source - Generator Cover, Receptacle - Exterior Flip Up Duplex Cover(s) 359 0569313 Breathing Air Cascade Sys. Storage Cylinders Provided with Compressor 1 360 0016855 Breathing Air System General Design 1 361 0501818 Demonstration, Breathing Air System, at Factory 1 362 0510673 Air Control Panel, SpaceSaver Integral, Breathing Air System 1 Qty, Storage Banks - SpaceSaver 4 Bank Config, ACP Regulator - SpaceSaver, 2-HP Config, ACP Booster - a) no pump Config, Compressor - SpaceSaver with compressor & priority 363 0090430 Fill Encl, 2 Bottle,"SpaceSaver"Model 100A,13" Wide, RSP 2 Location - RS1 Qty, - 02 364 0810584 SP Compressor, Breathing Air, Bauer, K18.1-20-E3, Skid w/(4) UN, Cape Canaveral 1 Location - RS2/LS2 365 0519934 Not Required, Brand, Hydraulic Tool System 1 366 0649753 Not Required, PTO Driven Hydraulic Tool System 1 367 0007150 Bag of Nuts and Bolts 1 Qty, Bag Nuts and Bolts - 1 368 0602524 NFPA Required Loose Equipment, Special Services, NFPA 2016,Provided by Fire 1 Dept 369 0796255 Not Required, Soft Suction, Rescue No Pump 1 370 0602533 Extinguisher, Dry Chemical, Special Services, NFPA 2016, Provided by Fire Dept 1 371 0602351 Extinguisher, 2.5 Gal. Press Water, Special Service, NFPA 2016,Prov by Fire Dept 1 372 0741569 Paint Process / Environmental Requirements, Appleton 1 3/6/2023 10:12 AM Bid #: 649 Page 10 Line Option Type Option Description Qty 373 0709846 Paint, Two -Tone Color, Velocity/Impel 1 Paint Color, Upper Area, Predefined - #10 White Shield, Cab - Standard Shield Paint Color, Lower Area, Predefined - #80 Red Paint Break, Cab - Standard Two -Tone Cab Break 374 0709833 Paint, Two -Tone Color, Body 1 Paint Break, Body - Body Seam/Catwalk Paint, Lower Body - Match Cab Lower Paint, Upper Body - Match Cab Upper 375 0646901 Paint Chassis Frame Assy, With Liner, E-Coat, Standard 1 Paint Color, Frame Assembly, Predefined - Standard Black 376 0693797 No Paint Required, Aluminum Front Wheels 1 377 0693792 No Paint Required, Aluminum Rear Wheels 1 378 0733739 Paint, Axle Hubs 1 Paint, Axle Hub - Lower Job Color 379 0007230 Compartment, Painted, Spatter Gray 1 380 0544129 Reflective Band, 1"-6"-1" 1 Color, Reflect Band - A - i) gold Color, Reflect Band - B - t) gold Color, Reflect Band - C - ze) gold 381 0510041 Reflective across Cab Face, Imp/Vel 1 382 0536955 Stripe, Chevron, Rear, Diamond Grade, Rescue 1 Color, Rear Chevron DG - fluorescent yellow green 383 0017359 Stripe, Black Outline, Vinyl on Reflective Band 3 Qty, - 03 384 0669643 Stripe, Reflective, Inside Aluminum Rub Rail 4 Color, Reflect Band - A - a) white Qty, - 04 385 0593225 Stripe, Reflective, Cab Doors Interior, Diamond Grade 1 Color, Reflect Band - A - p) fluorescent yellow green diamond grade 386 0679795 Stripe, Reflective, Side of Cab, Up 1 387 0033179 Lettering Specifications, Reflective 1 388 0686159 Lettering, Reflective, 3.00", (41-60) 1 Outline, Lettering - Outline and Shade 389 0684055 Lettering, Vinyl, 3.00", Each 14 Qty, Lettering - 14 Outline, Lettering - No Outline or Shade 390 0683995 Lettering, Vinyl, 24.00", Each 4 Qty, Lettering - 04 Outline, Lettering - No Outline or Shade 391 0686027 Lettering, Reflective, 4.00", (21-40) 1 Outline, Lettering - Outline 392 0685993 Lettering, Reflective, 10.00", Each 2 Qty, Lettering - 02 Outline, Lettering - Outline 393 0686004 Lettering, Reflective, 7.00", (41-60) 1 Outline, Lettering - Outline 394 0017268 Decals, Customer furnished, Pierce installed, Per Pair 1 Qty, - 1 395 0755303 Artwork File, Provided on Custom USB Drive 1 396 0666414 Emblem, Freedom Flag, Each 2 Qty, - 02 Location, Emblem - one each side of cab Size, Flag - 12" - 14" 397 0695610 Emblem, Reflective, Per Dept. Submittal, Each 3 Qty, - 03 Location, Emblem - D1,P1, R1 Size, Dept Seal, Reflect - 22" - 24" 398 0772003 Manual, Fire Apparatus Parts, USB Flash Drive, Custom 1 Qty, - 01 399 0772037 Manual, Chassis Service, USB Flash Drive, Custom 1 Qty, - 01 400 0773381 Manual, Chassis Operation, (1) USB Flash Drive, Custom 1 3/6/2023 10:12 AM Bid #: 649 Page 11 Line Option Type Option Description Qty 401 0030008 Warranty, Basic, 1 Year, Apparatus, WA0008 1 402 0611136 Warranty, Chassis, 3 Year, Velocity/Impel, WA0284 1 403 0735523 Warranty, Engine, Paccar MX13, 5 Year 1 404 0684953 Warranty, Steering Gear, Sheppard M110, 3 Year WA0201 1 405 0595767 Warranty, Frame, 50 Year, Velocity/Impel, WA0038 1 406 0595698 Warranty, Axle, 3 Year, TAK-4, WA0050 1 407 0733306 Warranty, Single Axle, 5 Year, Meritor, General Service, WA0384 1 408 0652758 Warranty, ABS Brake System, 3 Year, Meritor Wabco, WA0232 1 409 0019914 Warranty, Structure, 10 Year, Custom Cab, WA0012 1 410 0744240 Warranty, Paint, 10 Year, Cab, Pro -Rate, WA0055 1 411 0524627 Warranty, Electronics, 5 Year, MUX, WA0014 1 412 0695416 Warranty, Pierce Camera System, WA0188 1 413 0647720 Warranty, Pierce LED Strip Lights, WA0203 1 414 0046369 Warranty, 5-year EVS Transmission, Standard Custom, WA0187 1 415 0685945 Warranty, Transmission Cooler, WA0216 1 416 0033401 Not Required, Tank Warranty 1 417 0596024 Warranty, Structure, 15 Year, HDR, WA0010 1 418 0693127 Warranty, Gortite, Roll -up Door, 6 Year, WA0190 1 419 0012599 Warranty, Pump, Not Required 1 420 0046370 Not Required, Warranty, No Plumbing 1 421 0641372 Warranty, Foam System, Not Available 1 422 0595820 Warranty, Paint, 10 Year, Body, Pro -Rate, WA0057 1 423 0595412 Warranty, Graphics Lamination, 1 Year, Apparatus, WA0168 1 424 0683627 Certification, Vehicle Stability, CD0156 1 425 0807827 Certification, Engine Installation, VEL, Paccar MX13, 2024 1 426 0686786 Certification, Power Steering, CD0098 1 427 0892701 Certification, Cab Integrity, ImpelNelocity FR, CD0190 1 428 0548950 Certification, Cab Door Durability, Velocity/Impel, CD0001 1 429 0548967 Certification, Windshield Wiper Durability, Impel/Velocity, CD0005 1 430 0667411 Certification, Electric Window Durability, Velocity/Impel FR, CD0004 1 431 0549273 Certification, Seat Belt Anchors and Mounting, Imp/Vel/Vel SLT, CD0018 1 432 0735950 Certification, Cab HVAC System Perf, Vel/Imp FR, 1 CD0166/CD0168/CD0176/CD0177 433 0545073 Amp Draw Report, NFPA Current Edition 1 434 0002758 Amp Draw, NFPA/ULC Radio Allowance 1 435 0799248 Appleton/Florida BTO 1 436 0000031 HDR BODY 1 437 0000012 PIERCE CHASSIS 1 438 0735525 PACCAR MX13 ENGINE 1 439 0046396 EVS 4000 Series TRANSMISSION 1 440 0020037 NO PUMP 1 441 0020013 NO WATER TANK 1 442 0028047 NO FOAM SYSTEM 1 443 0046282 Not Required, Control Panel, No Pump 1 444 0020007 AKRON VALVES 1 445 0020015 ABS SYSTEM 1 446 0658751 PUMPER BASE 1 3/6/2023 10:12 AM Bid #: 649 Page 12 Attachment 4 Fire and Rescue Apparatus One (1) Year Material and Workmanship Basic Apparatus Limited Warranty 1. LIMITED WARRANTY Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: Coverage: Portions of the apparatus manufactured by Pierce shall be free from defects in material and workmanship Warranty Begins: The date the apparatus is placed in service, or 60 days from the original buyer invoice date, whichever comes first. Warranty Period Ends After: Twelve (12) months. Conditions and Exclusions: See Also Paragraphs 2 thru 4 No specific exclusions apply This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. 2/8/2010 WA0008 Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or afternarket parts added after manufacture without the authorization of Pierce may void this warranty. 2. DISCLAIMERS OF WARRANTIES THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 3. BUYER'S EXCLUSIVE REMEDY. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down -time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. Fire and Rescue Apparatus Three (3) Year Material and Workmanship Velocity and Impel Custom Chassis 1. LIMITED WARRANTY Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: Coverage: Portions of the apparatus manufactured by Pierce shall be free from defects in material and workmanship Warranty Begins: The date the apparatus is placed in service, or 60 days from the original buyer invoice date, whichever comes first. Warranty Period Ends After: Three (3) Years, or 30,000 Miles, or 5000 Engine Hours Conditions and Exclusions: See Also Paragraphs 2 thru 4 This limited warranty applies, where applicable, to Goldstar lamination, defroster heater coil and motor blower assembly (excluding the FET PWM module), heater, air conditioning condenser coil and fan/motor assembly, air conditioning evaporator coil and motor blower assembly (excluding the drain pan pump and thermostat), under seat heaters coil and motor blower assembly (excluding the FET PWM module), HVAC electronic switches, HVAC hoses and hard lines, heater water valve, Pierce PS6 seat frames and hardware, Pierce One -Eleven mirrors, Pierce hands -free scba holder, cracking or color loss of roto-molded components, Meritor rear axle, Wabco ABS system, cab door handles, Standen spring suspension components, and the gauge instrument cluster. This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. 7/2/2015 WA0284 Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty. 2. DISCLAIMERS OF WARRANTIES THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 3. BUYER'S EXCLUSIVE REMEDY. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down -time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. Fire and Rescue Apparatus SUPPLIER Limited Warranty 1. LIMITED WARRANTY Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the purchaser who first puts the product in service ("Buyer"): Coverage: Covers any failures of the engine which result, under normal use and service, from a defect in material or factory workmanship. Warranty Begins: The date of the original buyer invoice. Warranty Period Ends After: Five (5) years or 100,000 m iles, whichever occurs first Conditions and Exclusions: See Also Paragraphs 2 thru 4 See warranty for exclusions. This limited warranty hall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. 3/19/2021 WAO386 Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty. 2. DISCLAIMERS OF WARRANTIES THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 3. BUYER'S EXCLUSIVE REMEDY. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down -time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (d any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. Oshkosh Corporation Classification - Restricted PACCAR ENGINE LIMITED WARRANTY PACCAR MX Warranty United States THIS LIMITED WARRANTY ("LIMITED WARRANTY") LISTS THE RESPECTIVE RIGHTS AND RESPONSIBILITIES OF PIERCE MANUFACTURING INC.'S END USER CUSTOMER THAT FIRST PUTS THE PACCAR ENGINE INTO SERVICE ("YOU" or "FIRST PURCHASER") PACCAR INC ("PACCAR"), AND THE SERVICING PACCAR ENGINE DISTRIBUTORS ("AUTHORIZED DISTRIBUTORS"). PLEASE READ THIS LIMITED WARRANTY CAREFULLY. PACCAR warrants directly to You that the PACCAR MX engine and related kitted parts (collectively, the "Engine") will be free from defects in materials and factory workmanship ("Warrantable Failures") appearing under normal commercial use and service during the time, mileage or hour limitations set forth in the attached Warranty Schedule. This Engine warranty extends only to You, and not any subsequent owner or user of the Engine. The Emissions warranty is made to all owners of the Engine in the chain of distribution until the end of the Emissions warranty coverage period. Warranty coverage relating to the Emissions components is outlined in the Emissions Warranty section of the PACCAR MX Operator's Manual, the terms and conditions of which are incorporated herein by reference. YOUR SOLE AND EXCLUSIVE REMEDY AGAINST PACCAR AND ITS SUBSIDIARIES AND AFFILIATES ARISING FROM YOUR PURCHASE AND USE OF THIS ENGINE IS LIMITED TO THE REPAIR OR REPLACEMENT OF WARRANTABLE FAILURES AT AUTHORIZED DISTRIBUTORS IN THE UNITED STATES AND CANADA AND IS SUBJECT TO PACCAR'S TIME, MILEAGE, AND HOUR LIMITATIONS LISTED IN THE ATTACHED WARRANTY SCHEDULES. The maximum time, mileage and hour limitations in the Warranty Schedules begin running on the Date of Delivery to the First Purchaser. The accrued time, mileage, or hours is calculated when this Engine is brought into an Authorized Distributor for correction of Warrantable Failures. WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY (ENGINE AND EMISSIONS) This Limited Warranty is the sole warranty made by PACCAR and its Authorized Distributors to You relating to the Engine. Except for the above limited express warranty, PACCAR and its Authorized Distributors make no other warranties to You, express or implied. PACCAR AND ITS AUTHORIZED DISTRIBUTORS EXPRESSLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IT IS AGREED THAT PACCAR AND ITS AUTHORIZED DISTRIBUTORS SHALL NOT BE LIABLE TO YOU FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO: LOSS OF INCOME OR LOST PROFITS; ENGINE OR VEHICLE DOWNTIME; THIRD PARTY DAMAGE, INCLUDING DAMAGE OR LOSS TO OTHER ENGINES, VEHICLES OR PROPERTY, ATTACHMENTS, TRAILERS AND CARGO; LOSS OR DAMAGE TO PERSONAL CONTENTS; COMMUNICATION EXPENSES; LODGING AND/OR MEAL EXPENSES; FINES; APPLICABLE TAXES OR BUSINESS COSTS OR LOSSES; ATTORNEYS' FEES; AND ANY LIABILITY YOU MAY HAVE IN RESPECT TO ANY OTHER PERSON OR ENTITY. This warranty does not apply to parts or accessories supplied by the vehicle manufacturer or third parties. Failures of belts and hoses supplied by PACCAR are covered during the first year from the Date of Delivery of the Engine to the First Purchaser. PACCAR does not warrant antifreeze, lubricants, filters, filter elements, or any other part that is a maintenance or repair item. However, in its sole discretion, PACCAR may pay for lubricating oil, antifreeze, filter elements, belts, hoses, and other maintenance or repair items if the need for replacing such items is due to a Warrantable Failure of the Engine. You are responsible for the safe operation and maintenance of the Engine and Emissions equipment as specified in the applicable Operators Manuals. You are responsible for providing proof that all recommended inspections and maintenance have been performed. Before the expiration of the applicable warranty, You must notify an Authorized Distributor of any Warrantable Failures and make the Engine available for Engine repair by such Authorized Distributor. You are responsible for delivery of the Engine to the Authorized Distributor. Locations in the United States and Canada of Authorized Distributors may be found at WWW.PACCARPOWERTRAIN.COM, PACCAR IS NOT RESPONSIBLE FOR WEAR AND TEAR OR WEAROUT OF COVERED PARTS, storage deterioration, and changes in adjustment resulting from your use of the Engine. Damage due to accident, misuse, abuse, neglect, negligence, improper or insufficient maintenance, or unauthorized modification is not warranted. This may include, but is not limited to: operation without adequate coolants, lubricants, or other fluids; over -fueling; over -speeding; lack of maintenance of the lubricating, cooling or air intake systems; improper storage, starting, warm-up, run-in or shutdown practices; and unauthorized modifications to the Engine. PACCAR is not responsible for damage or loss resulting from Engine horsepower/torque upgrades. Parts used to repair a Warrantable Failure may be new parts, approved remanufactured parts, or repaired parts. PACCAR is not responsible for failures resulting from the use of parts not approved by PACCAR. A new or approved remanufactured part used to repair a Warrantable Failure assumes the identity of the part it has replaced and is entitled to the remaining warranty coverage, if any. PACCAR IS NOT RESPONSIBLE FOR DAMAGE OR LOSSES CAUSED BY INCORRECT OIL, FUEL, DIESEL EXHAUST FLUID, COOLANT, OR ADDITIVES; WATER, DIRT OR OTHER CONTAMINANTS IN THE FUEL, OIL OR DIESEL EXHAUST FLUID; OPERATION WITHOUT ADEQUATE COOLANTS OR LUBRICANTS; OVER -FUELING; OVER -SPEEDING; IMPROPER STORAGE, STARTING, WARM-UP, RUN-IN OR SHUT -DOWN PRACTICES; OR UNAUTHORIZED MODIFICATIONS OF THE ENGINE. Failure of replacement parts used in repairs due to the above non -warrantable conditions is not warrantable. If your vehicle is disabled by a Warrantable Failure to the Engine during the base warranty period, PACCAR is not responsible for towing expenses to transport the vehicle to the nearest Authorized Distributor. In lieu of the towing expense and at the sole discretion of PACCAR, Oshkosh Corporation Classification - Restricted PACCAR will pay the reasonable costs of an authorized mechanic to travel to and from the location of the disabled Vehicle in order to perform the Engine repair. PACCAR will pay for reasonable labor costs for Engine removal and reinstallation when necessary to repair a Warrantable Failure. Warrantable Failures resulting in excessive oil consumption will be handled within the basic Engine coverage as stated in the attached Engine Schedule. Before a claim for excessive oil consumption, low power, or excessive fuel consumption will be considered for payment, You must submit adequate documentation to show that consumption exceeds PACCAR published standards PACCAR reserves the right to inspect and download data from the Engine Electronic Control Module for purpose of failure analysis unless prohibited by applicable law. TIME LIMIT ON COMMENCING LEGAL ACTION / OTHER TERMS IT IS AGREED THAT YOU HAVE 12 MONTHS FROM THE ACCRUAL OF THE CAUSE OF ACTION TO COMMENCE ANY LEGAL ACTION ARISING FROM THE PURCHASE OR USE OF THE ENGINE, OR BE BARRED FOREVER. To the extent any provision of this limited warranty is found to contravene the law of any jurisdiction, the remainder of the warranty shall not be affected thereby. Oshkosh Corporation Classification - Restricted PACCAR ENGINE LIMITED WARRANTY SCHEDULE PACCAR MX Warranty United States THIS ENGINE WARRANTY SCHEDULE APPLIES ONLY TO ORIGINAL FACTORY EQUIPMENT AND IS SUBJECT TO THE TERMS AND LIMITATIONS IN THE ATTACHED LIMITED WARRANTY. This Engine Warranty Schedule does not apply to the vehicle which is warranted separately. Pursuant to the terms of the attached Limited Warranty, PACCAR Inc ("PACCAR") will pay warranty claims for Warrantable Failures within the following maximum limits in time, mileage, or hours, whichever shall occur first. The Warrantable Failure must be brought to the attention of an Authorized Distributor within 30 days of discovery. PACCAR MX Engine Basic Engine -Twenty-four (24) months or 250,000 miles (or 400,000 km) or 6,250 hours - (all applications except fire apparatus) Fire Apparatus Truck Applications Basic Engine - Sixty (60) months or 100,000 miles (or 160,000 km) or 6,250 hours Major Engine Components - Sixty (60) months or 500,000 miles or 12,500 hours Cylinder Block Casting Crankshaft Lube Pump Gear Flywheel Housing Main Bearing Bolts Camshaft Crankshaft Gear Water Pump Housing Cylinder Head Casting Cam Follower Assemblies Camshaft Gear Thermostat Housing Cylinder Head Capscrews Connecting Rod Assemblies Camshaft Idler Gear R. H. SHEPPARD CO., INC. 101 Philadelphia St. Hanover, PA 17331 Pierce Manufacturing Inc. 2600 American Drive Appleton, WI 54912 LIMITED WARRANTY: The R. H. Sheppard Co. Inc., ("Sheppard") warrants all M 110PKG 1 and M110SAU1 steering gears manufactured and sold to Pierce Manufacturing Inc. ("Pierce") for application on Pierce TAK-4 equipped vehicles to be free from defects of workmanship and material under normal use and service for a period of thirty six months from the in service date of the vehicle to its original owner. Vehicle applications where Sheppard product is used require an application approval before production build. If Pierce uses Sheppard product for any purpose or application which has not been approved by Sheppard in advance, including aftermarket devices (defined as a device added to the steering system directly or indirectly affecting the performance or operation of the Sheppard product in its approved application) not tested and approved by Sheppard this limited warranty SHALL NOT APPLY AND SHALL BE VOID. SHEPPARD MAKES NO OTHER WARRANTY, EITHER EXPRESS OR IMPLIED. SHEPPARD EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR USE OR PURPOSE WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. SHEPPARD SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES OR FOR LOSS OR DAMAGE DIRECTLY OR INDIRECTLY ARISING FROM THE USE OF A PRODUCT. Pierce expressly acknowledges its obligation to inform all users (customers) of the above disclaimer. CONDITIONS: Claims under this Limited Warranty may only be made by Pierce. In no event shall Sheppard be held liable for warranty charges by unauthorized persons. No allowance will be made for repairs or alterations, unless made with the written consent of Sheppard. Authorized Pierce dealers shall be the only authorized repair facility for Sheppard products applied to Pierce vehicles. Any warrantable repair made under this Limited Warranty must be made on or before 36 months of the in-service date for the Product to which the claim relates. Sheppard shall not be liable for claims made after such date. Sheppard product fitted to Pierce vehicles that are repaired at a repair facility other than an authorized Pierce dealer within the warranty period will be considered for payment under the guidelines of this agreement only by joint written consideration of Sheppard and Pierce warranty departments. It shall be the responsibility of the Pierce warranty department to notify Sheppard if and when this situation occurs. Sheppard will not be held responsible for damage to other steering components such as but not limited to pumps and reservoirs due to improper adjustment of steering gear relief plungers. Vehicle downtime and towing will not be considered under warranty. REMEDIES: The sole and exclusive remedy of Pierce for Sheppard's breach of the foregoing warranty is limited to the return and repair or reimbursement as follows: R. H. SHEPPARD CO., INC. WARRANTY Pierce Manufacturing Inc. Page 2 Warranty Support: In support of the Pierce dealer network, Sheppard will provide a toll -free "Hotline" service to assist in the diagnosis and troubleshooting of steering problems. The R. H. Sheppard Co., Inc. Field Service Department can be reached at 1-800-274-7437 for assistance. Sheppard will require that Pierce dealers contact this toll -free "Hotline" for approval before product is removed from a vehicle in a warranty situation. When contacted regarding a warranty situation, the Sheppard representative will provide an authorization number for removal of the product. This Returned Goods Authorization (RGA) number must be included in all warranty correspondence and attached to all returned goods. Procedure: In the event of a warranty situation, the servicing dealer shall contact the Sheppard Hotline and receive an RGA number before replacing any steering gear. For M 110PKG 1 and M 110SAU1 steering gear models, the dealer will first obtain an RGA number from Sheppard, and then order the replacement gear from Pierce. Replacement M110PKG1 and M1IOSAU1 steering gears shall be shipped from Pierce once those models are in full production. A warranty claim for both parts and labor will then be generated by the dealer and sent to Pierce. After reviewing the claim, Pierce will submit it to Sheppard for reimbursement. Parts Reimbursement: Sheppard agrees to reimburse Pierce at Pierce's purchase price plus 30% mark-up for parts found to be defective within the warranty period. Parts being returned for warranty consideration shall be sent to the R. H. Sheppard Company, 447 E. Middle St., Hanover, PA 17331 ATTN: Warranty Dept. Sheppard's determination as to whether the part is covered by the foregoing warranty is final and conclusive. Sheppard requires the return of complete steering gears only. Individual seals replaced under warranty should not be returned unless specifically requested by Sheppard. All parts being returned for warranty consideration must be clearly tagged with all pertinent warranty information including, but not limited to (1) Returned Goods Authorization number (RGA); (2) claim number; (3) date in service; (4) date of failure; (5) mileage; (6) part number; (7) labor hours; (8) dealer labor rate and; (9) dollar amount claimed. Claims submitted without prior authorization are subject to rejection under this agreement. Labor: Labor to repair Sheppard product found to be defective within the warranty period will be reimbursed at not more than 10 hours per vehicle. Labor shall be reimbursed at the rate of $85.00 USD per hour for M110PGK1 and M110SAU1 steering gears. Freight: Pierce will collect M110PGK1 and M110SAU1 warranty material at a designated collection point. Inbound freight to the Pierce collection point will be the responsibility of Pierce. All warranty material should be returned from the Pierce collection point to R. H. Sheppard Co. Freight Collect by a Sheppard -specified common carrier based on location of the Pierce collection point. Sheppard does not require the return of failed seals. Any freight charges incurred for the return of seals will be the responsibility of Pierce. Parts returned for warranty consideration without prior authorization are subject to rejection under this agreement and may be subject to a charge back of inbound freight charges. Parts rejected under this warranty will be returned to Pierce Freight Collect or scrapped by Sheppard at Pierce's discretion. R. H. SHEPPARD CO., INC. WARRANTY Pierce Manufacturing Inc. Page 3 Outside Purchases: Pierce authorized dealers shall be the only outlet for repair, warranty service and parts for Sheppard products applied to Pierce vehicles. Sheppard will not be responsible for consumables such as hoses, belts, fluids, fittings or miscellaneous shop material that may be required for the repair of the product. Warranty Documentation: Warranty credit memos will be issued monthly to the Pierce Warranty Department. Monthly credit memos will include (1) claim number; (2)'part number; (3) parts reimbursement; (4) labor reimbursement; (5) any applicable Pierce reference number and; (6) reason for rejection or acceptance of the claim. Credit memos will be issued in U.S. funds. Debits for warranty claims will not be accepted under this agreement. Claim disposition will constitute the final and conclusive resolution of warranty claims. Parts Retention: Sheppard will retain parts submitted for warranty consideration for a period of sixty (60) days for any material found to be rejected for warranty. Sheppard will notify Pierce within sixty (60) days of receipt of Sheppard's determination as to whether any such part is covered by this warranty. Warranty reimbursement will be issued within thirty days of receipt of material at Sheppard. Good -Will Requests: Good -Will requests will be considered jointly between Sheppard and Pierce for equitable compensation. RECALLS: Sheppard retains the right to review information regarding federal motor vehicle recall and /or product repair programs if Sheppard products fitted to Pierce vehicles are alleged to be non- compliant with federal motor vehicle safety standards. Sheppard retains the right to review any claims of product defect or non-compliance before participating in reimbursement of expenses incurred as a result of alleged non-compliance or defect of its products. Sheppard agrees to negotiate in good faith for the reimbursement of expenses incurred by Pierce for all administrative, material and labor cost and expense associated with any recall where Sheppard product is found to be defective or non -compliant with federal motor vehicle standards. MISCELLANEOUS: This writing constitutes the full complete and final statement of Sheppard's limited warranty for M110PKG1 and M110SAU1 products sold to Pierce. All prior oral or written correspondence, test data, negotiations, representations, understandings and the like regarding products are merged in this writing and extinguished by it. This limited warranty may not be altered, amended extended or modified except by a writing signed by the President or Vice President of Sheppard. No employee, vendor, dealer, distributor or other representative of Sheppard has authority to make statements to extend, expand, alter or amend the terms of this Limited Warranty. Sheppard expressly disclaims any statements contrary to the Limited Warranty. Sheppard's failure at any time to enforce any of the terms and conditions stated herein shall not constitute a waiver of any provisions herein. This Limited Warranty shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. R. H. SHEPPARD CO., INC. WARRANTY Pierce Manufacturing Inc. Page 4 Any legal actions which may arise as a result of disputes, controversies or claims arising out of or related to this limited warranty shall be in such forum as Sheppard and Pierce shall agree, or, in the absence of agreement, in a court of appropriate jurisdiction other than in the county in which either party is located. This Limited Warranty shall not be assigned by Pierce. COOPERATIVE EFFORT: Sheppard and Pierce agree to work cooperatively toward expanding this warranty coverage to a period of sixty months from the in service date. These cooperative efforts shall focus on examining the effects of increased heat generated by 2007 model engines and its impact on the entire power steering system. AGREEMENT: This agreement is effective April 3, 2006 and may be modified by mutual agreement between Sheppard and Pierce of a signed amendment to be attached to the original Limited Warranty. There are no third party beneficiaries to this Limited Warranty. This warranty agreement applies to Pierce authorized dealers only. It does not encompass any special arrangements that Pierce may now have or that Pierce may enter into, with any other segments of the trucking industry. This warranty agreement does not apply to non -conforming product removed at Pierce assembly plants. This Limited Warranty agreement between the R. H. Sheppard Co., Inc and Pierce Manufacturing Inc. may be terminated by either party with thirty days written notice prior to termination. Signed at Pierce Manufacturing Inc., Appleton, WI this day of , 2006. R. H. SHEPPARD CO., INC. PIERCE MANUFACTURING INC. Authorized Signature Authorized Signature Title Title Fire and Rescue Apparatus Lifetime Fifty (50) Year Structural Integrity Chassis Frame & Crossmembers Limited Warranty 1. LIMITED WARRANTY Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: Coverage: Custom chassis frame rail and cross members manufactured by Pierce shall be free from defects in material and workmanship Warranty Begins: The date of the original purchase invoice (issued when the product ships from the factory). Warranty Period Ends After: Fifty (50) Years (Expected Life of Apparatus) Conditions and Exclusions: See Also Paragraphs 2 thru 4 This warranty does not apply to damage caused by corrosion. This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. 2/16/2010 WA0038 Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or afternarket parts added after manufacture without the authorization of Pierce may void this warranty. 2. DISCLAIMERS OF WARRANTIES THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 3. BUYER'S EXCLUSIVE REMEDY. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down -time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. Fire and Rescue Apparatus Three (3) Year Material and Workmanship TAK-4 Independent Front Suspension Limited Warranty 1. LIMITED WARRANTY Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: Coverage: The TAK-4 Front Independent Suspension and Steering Gears shall be free from defects in material and workmanship. Warranty Begins: The date of the original purchase invoice (issued when the product ships from the factory). Warranty Period Ends After: Three (3) Years -Or 30,000 Miles Conditions and Exclusions: See Also Paragraphs 2 thru 4 This limited warranty excludes brake pads, brake rotors, seal boots and shock absorbers. This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. 12/16/2013 WA0050 Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty. 2. DISCLAIMERS OF WARRANTIES THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 3. BUYER'S EXCLUSIVE REMEDY. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down -time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. Fire and Rescue Apparatus SUPPLIER Limited Warranty 1. LIMITED WARRANTY Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the purchaser who first puts the product in service ("Buyer"): Coverage: The Meritor axle shall be covered by Meritor as indicated in the attached Meritor warranty coverage description Warranty Begins: The date of the original purchase invoice (issued when the product ships from the factory). Warranty Period Ends After: Five (5) Years Conditions and Exclusions: See Also Paragraphs 2 thru 4 The exclusions listed in the attached Meritor warranty description shall apply. This limited warranty hall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. 6/29/2020 WAO384 Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties,if any, made by the respective manufacturers thereof; (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty. 2. DISCLAIMERS OF WARRANTIES THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 3. BUYER'S EXCLUSIVE REMEDY. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down -time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. MERITOR COMMERCIAL VEHICLE SYSTEMS WARRANTY/MODEL YEAR 2020 VEHICLES [Decorative collage of commercial vehicles at speed] WARRANTY INFORMATION CONTENTS Effective Model Year 2020 Vehicles Linehaul 3-4 General Service 5-6 Heavy Service/Specialty Vehicle 7-8 Fire and Emergency 9 Transit Bus 10 Off -Highway Service 11 Terms and Conditions 12 How to Read Warranty Coverage Number of Years Mileage (in thousands) P=Parts Only UnI=Unlimited P&L=Parts & Labor Notice: Models or components that are approved for use by Meritor's vocational guidelines contained in Meritor Publication TP-9441 for axles, SP-8320 for trailer axles, TP-12126 for drivelines, which are not specifically listed, are warranted for one year, unlimited miles, parts only (1/UnI/P). Products purchased on an incomplete vehicle (glider) are limited to one year, unlimited miles parts only (1/UnI/P). Advantage Program Purchasing additional coverage on select components will continue to safeguard your investment against major repair costs after the initial base coverage expires. You can find out more about the Advantage Program by visiting www.meritor.com or by contacting Meritor at 866-OnTracl (866-668-7221). 2 LINEHAUL WARRANTY INFORMATION Linehaul Vehicles ■ Bulk Hauler ■ Chip Hauler (Truck)* ■ Doubles ■ Flatbed ■ General Freight ■ Grain Hauler ■ Livestock Hauler ■ Moving Van ■ Pipe Hauler ■ Refrigerated Freight ■ Tanker ■ Triples * Chip Hauler vehicles require specific axle models listed below and Linehaul condition to be eligible for Linehaul warranty consideration. Linehaul Typically Is ■ High mileage operation (over 60,000 miles/year) ■ Well maintained major highways of concrete or asphalt construction ■ Greater than 30 miles between starting and stopping Front Non -Drive Steer Axles — 5/750/P&L Coverage under Meritor's warranty require that the application of products be properly approved pursuant to OEM and Meritor approvals. Refer to TP-9441 for axles, SP-8320 for trailer axles, TP-12126 for drivelines, and/or contact Meritor regarding specific application approval questions on any product line. FD-965 FF-967 MFS-12-122B-N FF-941 FF-942 FF-943 FF-944 FF-961 FF-966 FG-941 FG-943 MFS-10-122A MFS-10-143A-N MFS-10-144A-N MFS-12-122A-N MFS-12-132C-N MFS-13-122B-N MFS-13B-122C-N MFS-12-122C-N MFS-12E-132B-N MFS-13-122C-N MFS-13B-132B-N MFS-12E-122A-N MFS-12E-132C-N MFS-13-132B-N MFS-13B-132C-N MFS-12E-122B-N MFS-12-143A-N MFS-13-132C-N MFS-14-122A-N MFS-12E-122C-N MFS-12E-143A-N MFS-13-143A-N MFS-14-124A-N MFS-12-124A-N MFS-12-144A-N MFS-13-144A-N MFS-14-143A-N MFS-12-132B-N MFS-13-122A-N MFS-13B-122B-N MFS-14-144A-N Rear Drive Single Axles — 5/750/P&L RS-19-144/145/A MS-19-14X MS-21-144 Drivelines RPL MXL 155N 92N RS-21-145 RS-21-160 MS-23-17X RS-23-160 RS-23-161 RS-23-186 5/500/P, 1/UnI/P&L 3/350/P, 1/UnI/P&L 1/UnI/P 1/UnI/P Rear Drive Tandem/Tridem Axles — 5/750/P&L RT-34-144/P/A MA-40-165 RT-40-145/A MA-40-175 RT-40-160/P12 MT-34-14X/P RT-46-160/P12 MT-40-14T/P RT-46-164EH/P12 MT-40-14X/P RT-50-160/P12 MT-40-14X/P MT-40-14XHE MT-40-144/P MT-40-943 MT-40-943-SP RZ-1662 RZ-188 These models required for Chip Hauler and Linehaul warranty consideration. 2 Each vehicle must have a Request for Application Recommendation (RAR) approved by Meritor prior to vehicle build. All RARs must identify the chassis number or VIN. Refer to Product Information Letter #303 and #396 for further details. 3 LINEHAUL WARRANTY INFORMATION Brake Components Cam Q Series Trailer Brakes Q+ Drum BrakeTM ASA Hubs/Cast Drums and Other Wheel -end Hydraulic Disc Brakes All Other Brakes STEELite X30 Drum BrakeTM2 EX+ Air Disc Brake"' Components 5/500/P, 1/100/L 5/500/P, 1/UnI/P&L 5/500/P, 1/UnI/P&L 1/UnI/P 1/UnI/P 1/UnI/P 12-Years or Wearable Life/P 5/500/P, 1/UnI/L EX+ Air Disc Brake Extended Standard Warranty3 5/500/P&L 'Includes: bushing, seal, cam, ASA lubrication and wear coverage of 3/500/P&L. 2 Based on stamped wear diameter max. 3 Applies only to MA761 friction material code CD brake assembly i.e. EX225LXXXCDXXX Trailer Axles Beam and Brackets 5/500/P, 1/100/L Wheel End Systems1 Standard System2 1/100/P&L PreSet by Meritor3 5/500/P&L AxlePak54 5P/L AxlePak75 7P/L 1 Includes hub, wheel seals and wheel bearings —all systems require annual inspections and proper documentation to ensure full coverage. 2 When installed by Meritor. 3 Requires approved hubcap stating PreSet by Meritor on hubcap face. 4 When specified with AxlePak5 wheel end system, coverage on MTIS thru-tee and stator is 5/UnI/P, 1/UnI/L. 5 When specified with AxlePak7 wheel end system, coverage on MTIS thru-tee and stator is 7/UnI/P, 1/UnI/L. 1 For brake components and ABS coverage, refer to appropriate product warranties.) TAG/Pusher Axles1 TQ, TQD, TR, TRD Beam and Brackets 5/750/P&L For brake components and ABS Coverage, refer to appropriate product warranties. Meritor Tire Inflation System MTIS Components 5/UnI/P, 1/UnI/L Trailer Air Suspension Systems MPA38/40 (Tandem Axle Parallelogram)1 Major Structural Components Curbing Damage Warranty2 Height Control Valve Shock Absorbers Air Springs Bushings PinLoc Air Controls PinLoc Actuator MPA20 (Single Axle Parallelogram) Major Structural Components Height Control Valve Shock Absorbers Air Springs Bushings MTA (Trailing Arm) Major Structural Components Height Control Valve Shock Absorbers Air Springs & Rebound Straps Bushings 5/500/P, 1/100/L 5/500/P, 1/100/L 1/100/P&L 2/200/P&L 2/200/P, 1/100/L 5/P, 3/L 1/100/P&L 3/300/P&L 5/500/P, 1/100/L 1/100/P&L 2/200/P&L 2/200/P, 1/100/L 5/P, 3/L 5/500/P, 1/100/L 1/100/P&L 2/200/P&L 2/200/P, 1/100/L 5/500/P, 3/300/L 1 Fastener torque coverage is limited to 2/UnI/P&L when torqued by Meritor (For axle and ABS coverage, refer to appropriate product warranties.) 2 "Curbing damage" is defined as deformation (bending, buckling, or breakage), caused by sudden impact with a curb or similar fixed object. Damage to the RideSentry slider box (the suspension sliding subframe, consisting of the frame rails, crossmembers, and central A -frame assembly), caused by accidental trailer impact with a curb or similar fixed object, is eligible for warranty coverage. Damage to other components or damage resulting from collision with another vehicle, rollover or fire is not covered under this provision. Warranty is not transferrable to another trailer VIN, and coverage does not apply if the trailer is deemed to be a total loss, scrapped, or otherwise not salvageable. 4 GENERAL SERVICE WARRANTY INFORMATION General Service Vehicles ■ Auto Hauler ■ Beverage Truck ■ Chip Hauler ■ Cross Country Coach ■ Flatbed ■ Front Engine Commercial Chassis ■ Front Engine Integral Coach ■ General Freight ■ Intercity Coach ■ Intermodal Chassis ■ Livestock Hauler ■ Meat Packer ■ Moving Van ■ Municipal Truck ■ Newspaper Delivery ■ Pick -Up and Delivery General Service Typically Is ■ Lower mileage operations (less than 60,000 miles/year) ■ Generally, on -road service (less than 10% off -road) ■ An average of three (3) miles between starting and stopping Front Non -Drive Steer Axles — 2/UnI/P&L FD-965 FL-943 FF-941 MFS-6-151A-N FF-942 MFS-6-153B-N FF-943 MFS-6-162B-N FF-944 MFS-6-153C-N FF-946 MFS-6-162C-N FF-961 MFS-7-113C-N FF-966 MFS-7-153C-N FF-967 MFS-7-163C-N FG-941 MFS-8-113B-N FH-941 MFS-8-143A-N FH-9461 MFS-8-153B-N FL-941 ■ Pipe Hauler ■ Platform Auto Hauler ■ Rear Engine Integral Coach ■ Recreational Vehicles ■ Refrigerated Freight ■ School Bus ■ Stake Truck ■ Tanker ■ Tanker Trailer ■ Tour Bus ■ Wrecker Coverage under Meritor's warranty require that the application of products be properly approved pursuant to OEM and Meritor approvals. Refer to TP-9441 for axles, SP-8320 for trailer axles, TP-12126 for drivelines, and/or contact Meritor regarding specific application approval questions on any product line. MFS-8-163B-N MFS-12E-132B-N MFS-13-132C-N MFS-16-143A-N MFS-10-122A MFS-12-132C-N MFS-13B-132B-N MFS-18-133A-N MFS-10-143A-N MFS-12E-132C-N MFS-13B-132C-N MFS-18-135A-N MFS-10-144A-N MFS-12-143A-N MFS-13-143A-N MFS-18-193A-N MFS-12-122A-N MFS-12-144A-N MFS-13-144A-N MFS-20-133A-N MFS-12E-122A-N MFS-12E-143A-N MFS-14-122A-N MFS-20-135A-N MFS-12-122B-N MFS-13-122A-N MFS-14-124A-N MFS-20-192A-N MFS-12E-122B-N MFS-13-122B-N MFS-14-143A-N MFS-20-193A-N MFS-12-122C-N MFS-13B-122B-N MFS-14-144A-N MFS-22-135A-N MFS-12E-122C-N MFS-13-122C-N MFS-16-122A-N MFS-22H-135A-N MFS-12-124A-N MFS-13B-122C-N MFS-16-133A-N MFS-22-193A-N MFS-12-132B-N MFS-13-132B-N MFS-16-135A-N MFS-22H-193A-N Can also be used with reduced steer angles in tag position in Coach Applications. Front Drive/Non-Drive Steer Axles — 1/UnI/P&L MX-08-130-FV (FSD-08A) MX-10-130-FV (FSD-10A) MX-12-130-FV (FSD-12A) MX-13-130-FV (FSD-13A) MX-14-130-FV (FSD-14A) MX-16-130-FV (FSD-16A) MX-21-130-SD (SDA-2100) MX-18-130-FV (FSD-18A) MX-23-130-FV (FSD-23A) MX-18-130-SD (SDA-1800) MX-23-130-SD (SDA-2300) MX-20-130-FV (FSD-20A) MX-29-130-FV (FSD-29A) MX-21-130-FV (FSD-21A) Rear Drive Single Axles — 2/UnI/P&L MS-17-13X MS-17-14X MS-19-13X MS-19-14X RS-17-144/145/A RS-19-144/145/A MS-21-13X MS-21-14X RC-23-160 RS-24-160 MS-30-616-SP MS-21-144 RC-23-161 RC-25-160 RS-35-380 MS-23-17X RC-23-162' RS-26-185 71162 RS-21-145/A RC-23-165' MS-26-616 71163 RS-21-160 RS-23-160 MS-26-616-SP 79163 RC-22-145 RS-23-161 RS-30-185 RC-22-145/A RS-23-186 MS-30-616 3/UnI/P&L if PreSet by Meritor. Rear Drive Tandem/Tridem Axles — 2/UnI/P&L MT-34-14X/P RT-34-144/P/A MT-40-14T/P MT-40-14X/P MT-40-14XHE MT-40-144/P RT-40-145/A MT-44-14X/P RT-44-145/P RT-46-169 MT-52-616 RT-52-1851 Each vehicle must have a Request for Application Recommendation (RAR) approved by Meritor prior to vehicle build. All RARs must identify the chassis number or VIN. Refer to Product Information Letter #303 and #396 for further details. MT-58-616 RT-58-1851 MT-70-380 RZ-188 Rear Drive Tandem/Tridem - 3/UnI/P&L RT-40-160/P RT-46-160/P RT-46-164EH/P RT-50-160/P RZ-166 Rear Drive Axles — 1/UnI/P&L 11170 RND-14H 523 RND-16A Drivelines RPL MXL 155N 92N 4/400/P, 1/UnI/P&L 3/350/P, 1/UnI/P&L 1/UnI/P 1/UnI/P Transmission — 1/UnI/P&L 516 FAT 30 PTO — 1/UnI/P&L MPT-318 MPT-500 MPT-510 MPT-518 MPT-526 MPT-531 MPT-543 MPT-170 MPT-1702 MPT-175 MPT-185 MPT-190 5 GENERAL SERVICE WARRANTY INFORMATION Brake Components Cam Q Series Trailer Brakes Cam P3 Cam Q+ Drum BrakeTM Q+ Drum Brake TM3 ASA ASA3 Hubs/Cast Drums and Other Wheel -end Components Hydraulic Disc Brakes 3/UnI/P, 1/Unl/L 2/200/P 3/UnI/P 3/UnI/P&L 2/200/P&L 3/UnI/P 2/200/P 1/UnI/P 1/UnI/P All Other Brakes 1/UnI/P STEELite X30 Drum BrakeTM2 12-Years or Wearable Life/P EX+ Air Disc BrakeTM 2/UnI/P&L 1 Includes: bushing, seal, cam, ASA lubrication and wear coverage of 1/UnI/P. 2 Based on stamped wear diameter max. 3 Applies to Tour Bus and Cross Country Coach only. Trailer Axles Beam and Brackets1 5/UnI/P, 1/UnI/L Wheel End Systems2 Standard System3 1/UnI/P&L AxlePak54 5/P&L AxlePak75 7/P&L 1 9000 Series is 3/UnI/P, 1/UnI/L 2 Includes hub, wheel seals and wheel bearings —all systems require annual inspections and proper documentation to ensure full coverage. 3 When installed by Meritor. 4 When specified with AxlePak5 wheel end system, coverage on MTIS thru-tee and stator is 5/UnI/P, 1/UnI/L. 5 When specified with AxlePak7 wheel end system, coverage on MTIS thru-tee and stator is 7/UnI/P, 1/UnI/L. (For brake components and ABS coverage, refer to appropriate product warranties.) Chassis Axles (2000 Series/ChassiPak) Beam & Brackets Wheel End Systems' Standard System AxlePak7 Beam and Brackets 6/UnI/P, 1/UnI/L 1/UnI/P&L 7/P&L 7/P, 1/L 1 Includes hub, wheel seals and wheel bearings —all systems require annual inspections and proper documentation to ensure full coverage. Trailer Air Suspension Systems MPA38/40 (Tandem Axle Parallelogram)1 Major Structural Components Curbing Damage Warranty2 Height Control Valve Shock Absorbers Air Springs Bushings PinLoc Air Controls PinLoc Air Actuator MPA20 (Single Axle Parallelogram) Major Structural Components Height Control Valve Shock Absorbers Air Springs Bushings MTA (Trailing Arm) Major Structural Components Height Control Valve Shock Absorbers Air Springs and Rebound Straps Bushings3 5/UnI/P, 1/UnI/L 5/500/P, 1/100/L 1/UnI/P&L 2/UnI/P&L 2/UnI/P, 1/UnI/L 5/P, 3/L 1/UnI/P&L 3/UnI/P&L 5/UnI/P, 1/UnI/L 1/UnI/P&L 2/UnI/P&L 2/UnI/P, 1/UnI/L 5/P, 3/L 5/UnI/P, 1/UnI/L 1/UnI/P&L 2/UnI/P&L 2/UnI/P, 1/UnI/L 5/UnI/P, 3/UnI/L (For axle and ABS coverage, refer to appropriate product warranties.) 1 Fastener torque coverage is limited to 2/UnI/P&L when torqued by Meritor 2 "Curbing damage" is defined as deformation (bending, buckling, or breakage), caused by sudden impact with a curb or similar fixed object. Damage to the RideSentry slider box (the suspension sliding subframe, consisting of the frame rails, crossmembers, and central A -frame assembly), caused by accidental trailer impact with a curb or similar fixed object, is eligible for warranty coverage. Damage to other components or damage resulting from collision with another vehicle, rollover or fire is not covered under this provision. Warranty is not transferrable to another trailer VIN, and coverage does not apply if the trailer is deemed to be a total loss, scrapped, or otherwise not salvageable. 3 Raw wood applications 3/UnI/P, 1/UnI/L TAG/Pusher Axles TQ, TQD, TR, TRD Beam and Brackets' 3/UnI/P, 1/UnI/L MC14002, MC16003, FH946 2/UnI/P&L (For brake components and ABS coverage, refer to appropriate product warranties.) 1 3/UnI/P&L if sold with PreSet by Meritor. Meritor° Tire Inflation System MTIS Components 5/UnI/P, 1/UnI/L 6 HEAVY SERVICE/SPECIALTY VEHICLE WARRANTY INFORMATION Heavy Service/Specialty Vehicle ■ Airport Rescue Fire Fighting (ARFF) ■ Airport Shuttle* ■ Asphalt Truck ■ Block Truck ■ Bottom Dump Trailer Combination ■ Cementing Vehicle ■ Commercial Pick -Up ■ Concrete Pumper ■ Construction Material Hauler ■ Mixer ■ Demolition ■ Drill Rig *Commercial chassis only ■ Dump ■ Equipment Hauling ■ Flatbed Trailer Hauler ■ Flatbed Truck ■ Fracturing Truck ■ Front Loader ■ Geophysical Exploration ■ Hopper Trailer Combinations ■ Landscaping Truck ■ Liquid Waste Hauler ■ Log Hauling ■ Lowboy ■ Michigan Special Gravel Trains ■ Michigan Special Log Hauler Heavy Service/Specialty Vehicle Typically Is ■ Moderate mileage operation (less than 60,000 miles per year) ■ 0n/0ff road vocations (10% or more off -road) ■ Moderate to frequent stops/starts (up to 10 stops per mile) Front Drive/Non-Drive Steer Axles — 2/UnI/P&L FD-965 FF-941 FF-942 FF-943 FF-944 FF-946 FF-961 FF-966 FF-967 FG-941 FG-943 FH-941 FH-946 FL-941 FL-943 MFS-6-151A-N MFS-6-153B MFS-6-162B MFS-6-162C MFS-7-113C-N MFS-7-153C-N MFS-7-163C-N MFS-8-113B-N MFS-8-153B-N MFS-8-163B-N MFS-10-122A MFS-10-143A-N MFS-10-144A-N MFS-12-122 MFS-12E-122 MFS-12-122B-N MFS-12E-122B-N MFS-12-122C-N MFS-12E-122C-N MFS-12-124A-N MFS-12-132B-N MFS-12E-132B-N MFS-12-132C-N MFS-12E-132C-N ■ Michigan Special Steel Hauler ■ Michigan Special Waste Vehicle ■ Municipal Dump ■ Rear Loader (Refuse) ■ Recycling Truck ■ Residential Pick -Up (Refuse) ■ Rigging Truck ■ Roll -Off ■ Scrap Truck ■ Semi -End Dump ■ Sewer/Septic Vacuum ■ Shuttle Bus* ■ Side Loader ■ Snowplow/Snowblower ■ Steel Hauling • Tanker • Tank Truck ■ Tractors with Pole Trailers ■ Tractor/Trailer with Jeeps ■ Transfer Dump ■ Transfer Vehicle ■ Utility Truck ■ Winch Truck Coverage under Meritor's warranty require that the application of products be properly approved pursuant to OEM and Meritor approvals. Refer to TP-9441 for axles, SP-8320 for trailer axles, TP-12126 for drivelines, and/ or contact Meritor regarding specific application approval questions on any product line. MFS-12-143A-N MFS-12-144A-N MFS-12-155 MFS-13-122 MFS-13-122B-N MFS-13B-122B-N MFS-13-122C-N MFS-13B-122C-N MFS-13-132B-N MFS-13B-132B-N MFS-13-132C-N MFS-13B-132C-N MFS-13-143A-N Front Drive/Non-Drive Steer Axles — 1/UnI/P&L MX-08-130-FV (FSD-08A) MX-16-130-FV (FSD-16A) MX-10-130-FV (FSD-10A) MX-18-130-FV (FSD-18A) MX-12-130-FV (FSD-12A) MX-18-130-SD (SDA-1800) MX-13-130-FV (FSD-13A) MX-20-130-FV (FSD-20A) MX-14-130-FV (FSD-14A) MX-21-130-FV (FSD-21A) MFS-13-144A-N MFS-13-155 MFS-14-122 MFS-14-124A-N MFS-14-143A-N MFS-14-144A-N MFS-16-122A-N MFS-16-133A-N MFS-16-135A-N MFS-16-143A-N MFS-18-133A-N MFS-18-135A-N MFS-18-192A-N MX-21-130-SD (SDA-2100) MX-23-130-FV (FSD-23A) MX-23-130-SD (SDA-2300) MX-29-130-FV (FSD-29A) Rear Drive Single Axles — 2/UnI/P&L MS-17-14X RS-21-160 RS-24-160 RS-17-144/145/A RC-22-145 RS-25-160 MS-19-14X RC-23-160 MS-26-616 RS-19-144 RH-23-160 MS-26-616-SP MS-21-114 RS-23-160 RS-26-185/380 MS-21-14X RC-23-161 MS-30-616 RS-21-145 RS-23-161 MS-30-616-SP RS-21-145/A RS-23-186/380 RS-30-185/380 MS-35-380 RS-38-380 RC-25-160 RC-26-633 MT-58-616 MT-58-616-SP MFS-18-193A-N MFS-20-133A-N MFS-20-135A-N MFS-20-192A-N MFS-20-193A-N MFS-22-135A-N MFS-22H-135A-N MFS-22-193A-N MFS-22H-193A-N RF-16-145 RF-21-160 MX-10-120 MX-10-120 EVO MX-12-120 MX-12-120 EVO MX-14-120 MX-16-120 MX-18-120 MX-17-140 MX-19-140 MX-21-140 MX-21-160 MX-23-160 MX-810 Rear Drive Axles — 1/UnI/P&L 11170 RND-14H 523 RND-16A Drivelines RPL 92N MXL 3/UnI/P, 1/UnI/P&L 1/UnI/P&L 1/UnI/P&L Transmission — 1/UnI/P&L 516 FAT 30 PTO — MPT-318 MPT-500 MPT-510 MPT-518 1/UnI/P&L MPT-526 MPT-531 MPT-543 MPT-170 MPT-1702 MPT-175 MPT-185 MPT-190 7 HEAVY SERVICE/SPECIALTY VEHICLE WARRANTY INFORMATION Rear Drive Tandem/Tridem Axles — 2/UnI/P&L MT-34-14X/P RT-34-144/P/A MT-40-14X/P RT-40-145/A MT-44-14X/P RT-44-145/P RT-46-169 RT-58-160 MT-52-616 MT-52-616-SP RT-52-185/380'•2 MT-58-616 MT-58-616-SP RT-58-185/380'2 RT-70-380 MT-70-380 RZ-188 'Axle model designated will vary according to options and variations specified on these axles. Contact Meritor Axle Applications Engineering for details. 2 Each vehicle must have a Request for Application Recommendation (RAR) approved by Meritor prior to vehicle build. All RARs must identify the chassis number or VIN. Refer to Product Information Letter #303 and #396 for further details. Brake Components Cam P 3/UnI/P Cam P3 2/100/P Cam Cast PIusTM 2/100/P&L Q+ Drum BrakeTM 3/UnI/P&L Q+ Drum BrakeTM2 2/100/P&L ASA 3/UnI/P ASA' 2/100/P Hubs/Cast Drums and Other Wheel -end Components 1/UnI/P Hydraulic Disc Brakes 1/UnI/P All Other Brakes 1/UnI/P EX+ Air Disc Brake 2/100/P&L 1 Based on stamped wear diameter max. 2 Applies to City Bus, Trolley, Shuttle Bus and Airport Shuttle only. 3 Warranty for all non-Meritor ASAs supplied by Meritor for all Heavy Service vocations is 1/100/P. Gearboxes — 1/UnI/P&L MGX-240 MGX-376 MGX-279 MGX-279D MGX-280 MGX-285 MGX-292 MGX-314 MGX-377 MGX-378 MGX-380 MGX-384 MGX-402 MGX-413 Transfer Cases — 1/UnI/P MTC-4213 MTC-4210 MTC-4208 MTC-4206-FV (TC-38) MTC-3106-FV (TC-137) MTC-3111 (T-2111) MTC-3112-CV (529 & 548C) MTC-3116 (T-2111) MTC-3118-FV (TC-180 & TC-180-23) Rear Drive Tandem/Tridem - 3/UnI/P&L RT-40-160/P/A3 RT-46-160/P/A1'3 RT-46-164EH/P/A2.3 RT-50-160/P/A3 RZ-166 1 U.S. only. Canadian warranty = 1/UnI/P for combination vehicles only. 2 Axle model designated will vary according to options and variations specified on these axles. Contact Meritor Axle Applications Engineering for details. 3 Each vehicle must have a Request for Application Recommendation (RAR) approved by Meritor prior to vehicle build. All RARs must identify the chassis number or VIN. Refer to Product Information Letter #303 and #396 for further details. Meritor Tire Inflation System MTIS Components 5/UnI/P, 1/UnI/L MGX-448 MGX-456 MGX-478 MGX-480 MGX-487 MGX-488 MGX-505 MGX-506 MGX-514 MGX-519 MGX-520 MGX-522 MGX-524 MGX-527 MTC-3118-CV (358) MTC-3120-FV (TC-143) MTC-3124 (T-2119) MTC-3205-GV (MTC-25/247) MTC-3205-GV (MTC-25/350) MTC-3205-GV (RTC-25/350) MTC-3206-FV (TC-237) MTC-3206-CS (544) MTC-3208-GV(RTC-50) Trailer Air Suspension Systems MTA (Trailing Arm) Major Structural Components' 5/UnI/P, 1/UnI/L Height Control Valve 1/UnI/P&L Shock Absorbers Air Springs Bushings' 2/UnI/P&L 2/UnI/P, 1/UnI/L 5/UnI/P, 3/UnI/L 1 Raw wood applications 3/UnI/P, 1/UnI/L (For axle and ABS coverage, refer to appropriate product warranties.) Trailer Axles Beam and Brackets1 5/UnI/P, 1/UnI/L Wheel End Systems2 Standard System3 1/UnI/P&L 9000 Series is 3/UnI/P, 1/UnI/L. 'Includes hub, wheel seals and wheel bearings —all systems require annual inspections and proper documentation to ensure full coverage. 'When installed by Meritor. (For brake components and ABS coverage, refer to appropriate product warranties.) MGX-528 MGX-533 MGX-534 MGX-536 MGX-537 MGX-541 MGX-545 MGX-546 MGX-550 MTC-3209-GV (RTC-60/420) MTC-3209-GV (RTC-60/380) MTC-3209-GV (MTC-60/420) MTC-3209-GV (MTC-60/380) MTC-3212-CV (315 & 548B) MTC-3312-FV (TC-270) MTC-3220-FC (TC-142) MTC-2212-CV (306) 8 FIRE AND EMERGENCY WARRANTY INFORMATION Fire and Emergency Vehicles ■ Aerial Ladder Truck ■ Aerial Platform ■ Ambulance ■ Command Vehicle ■ Crash Fire Rescue (CFR) ■ Pumper ■ Rapid Intervention Vehicle (RIV) ■ Tanker Fire and Emergency Typically Is ■ Lower mileage operations (less than 20,000 miles/year) ■ Generally, on -road service (less than 10% off -road) ■ An average of three (3) miles between starting and stopping Front Non -Drive Steer Axles — 5/UnI/P&L Coverage under Meritor's warranty require that the application of products be properly approved pursuant to OEM and Meritor approvals. Refer to TP-9441 for axles, TP-12126 for drivelines, and/or contact Meritor regarding specific application approval questions on any product line. FL-941 MFS-18-193A-N MFS-22-135A-N FL-943 MFS-20-133A-N MFS-22H-135A-N MFS-18-133A-N MFS-20-135A-N MFS-22-193A-N MFS-18-135A-N MFS-20-193A-N MFS-22H-193A-N Front Drive Steer Axles — 2/UnI/P&L MX-19140 MX-21160 MX-21140 MX-23160 MX-23810 Rear Drive Single Axles — 5/UnI/P&L RC-23-160 RS-23-186 RS-23-160 RS-24-160 RS-23-161 RC-25-160 3/UnI/P&L if PreSet by Meritor. RS-26-185 RS-30-185 RS-35-380 RS-25-160 Rear Drive Tandem/Tridem Axles — 5/UnI/P&L MT-40-14X/P MT-40-144/P RT-40-145/A RT-40-160/P MT-44-14X/P RT-44-145/P RT-46-160/P RT-46-164EH/P RT-46-169 RT-50-160/P MT-52-616 RT-52-1851 MT-58-616 RT-58-1851 MT-70-380 1 Each vehicle must have a Request for Application Recommendation (RAR) approved by Meritor prior to vehicle build. All RARs must identify the chassis number or VIN. Refer to Product Information Letter #303 and #396 for further details. Brake Components Cam Q+ Drum BrakeTM ASA Hubs/Cast Drums and Other Wheel -end Components Hydraulic Disc Brakes All Other Brakes EX+ Air Disc BrakeTM 1 Includes: bushing, seal, cam, ASA lubrication and wear coverage of 1/UnI/P. Drivelines RPL MXL 155N 92N Transfer Cases — 1/Unl/P MTC-4208 MTC-4210 MTC-4213 4/400/P, 1/UnI/L 3/350/P, 1/UnI/L 1/UnI/P 1/UnI/P 1/UnI/P MTC-3111 (T-2111) MTC-3116 (T-2111) MTC-3124 (T-2119) 3/UnI/P 3/UnI/P&L 3/UnI/P 1/UnI/P 1/UnI/P 1/UnI/P 2/UnI/P&L 9 TRANSIT BUS WARRANTY INFORMATION Transit Bus Vehicles ■ Airport Shuttle ■ City Bus ■ Commuter Coach ■ Shuttle Bus ■ Transit Bus ■ Trolley Transit Bus Typically Is ■ Moderate mileage operation (less than 50,000 miles per year) ■ Moderate to frequent stops/starts (up to 10 stops per mile) Coverage under Meritor's warranty require that the application of products be properly approved pursuant to OEM and Meritor approvals. Refer to TP- 9441 for axles, TP-12126 for drivelines, and/or contact Meritor regarding specific application approval questions on any product line. Front Drive/Non-Drive Steer Axles — 5/300/P&L Drivelines FH-946 MFS-12-155 RPL 3/UnI/P, 1/Unl/L FH-941' MFS-13-155 92N 1/UnI/P&L 1 Commuter coach only — 2/UnI/P&L MXL 1/UnI/P&L Rear Drive Single Axles — 5/300/P&L Tag Axles — 2/UnI/P&L RS-23-160 79163 RC-23-161 RC-23-162' 71163 RC-23-165' 1 Commuter coach only — 2/UnI/P&L RS-21-160 MC-14002 MC-16003 FH-946 Brake Components Center Non -drive Axles — 5/300/P&L Cam Cast PIusTM 2/100/P&L MC-26000 Q+ Drum BrakeTM" 2/100/P&L 71063 ASA' 2/100/P 79063 Hubs/Cast Drums and Other Wheel -end Components 1/UnI/P All Other Brakes 1/UnI/P EX+ Air Disc Brake 2/100/P&L 1 Applies to City Bus, Trolley, Shuttle Bus and Airport Shuttle only. 10 OFF -HIGHWAY SERVICE WARRANTY INFORMATION Industrial And Off -Highway Service Vehicles ■ Load-On/Load-Off ■ Port Tractor ■ Rail Yard Spotter ■ Roll-On/Roll-Off ■ Stevedoring Tractor ■ Trailer Spotter ■ Yard Jockey ■ All -Terrain Crane ■ Rough Terrain Crane ■ Forestry ■ Material Handling ■ Specialized Heavy Haul Industrial And Off -Highway Service Typically Is ■ Low mileage operation ■ Low speed vehicle speed restriction ■ Vehicles are not typically licensed for highway use ■ Six (6) starts/stops per mile (typical) Front Non -Drive Steer Axles — 1/UnI/P ■ Specialized Mining ■ Excavator ■ Compactor ■ Fertilizer Spreader ■ Snow Blower ■ Mining ■ Rail Car Mover ■ Loader ■ Tow Tractor ■ Pushback Tractor Coverage under Meritor's warranty require that the application of products be properly approved pursuant to OEM and Meritor approvals. Contact Meritor regarding specific application approval questions on any product line. FF - 941 MFS-12-144A-N MFS-18-193A-N FF - 943 MFS-13-143A-N MFS-20-133A-N FF - 961 MFS-13-144A-N MFS-20-135A-N FF - 966 MFS-14-143A-N MFS-20-192A-N FG - 941 MFS-16-122A-N MFS-20-193A-N FG - 943 MFS-16-133A-N MFS-22-135A-N FL - 941 MFS-16-135A-N MFS-22H-135A-N FL - 943 MFS-16-143A-N MFS-22-193A-N FN - 951 MFS-18-133A-N MFS-22H-193A-N MFS-12-143A-N MFS-18-135A-N MON-ZO FAMILY Gearboxes — 1/UnI/P&L MGX-240 MGX-376 MGX-279 MGX-377 MGX-279D MGX-378 MGX-280 MGX-380 MGX-285 MGX-384 MGX-292 MGX-402 MGX-314 MGX-413 Transfer Cases — 1/UnI/P MTC-4213 MTC-4210 MTC-4208 MTC-4206-FV (TC-38) MTC-3106-FV (TC-137) MTC-3111 (T-2111) MTC-3112-CV (529 & 548C) MGX-448 MGX-456 MGX-478 MGX-480 MGX-487 MGX-488 MGX-505 MTC-3116 (T-2111) MTC-3118-FV (TC-180 & TC-180-23) MTC-3118-CV (358) MTC-3120-FV (TC-143) MTC-3124 (T-2119) MTC-3205-GV (MTC-25/247) MTC-3205-GV (MTC-25/350) Drivelines — 1/UnI/P RPL MXL Brake Components Cam P Q+ Drum BrakeTM ASA Hubs/Cast Drums and Other Wheel -end Components Hydraulic Disc Brakes All Other Brakes Planetary Axles — 1/UnI/P MOB MOC MOD MOE MGX-506 MGX-514 MGX-519 MGX-520 MGX-522 MGX-524 MGX-527 MOF MOG MOH MOR MGX-528 MGX-533 MGX-534 MGX-536 MGX-537 MGX-541 MGX-545 MTC-3205-GV (RTC-25/350) MTC-3206-FV (TC-237) MTC-3206-CS (544) MTC-3208-GV (RTC-50) MTC-3209-GV (RTC-60/420) MTC-3209-GV (RTC-60/380) MTC-3209-GV (MTC-60/420) MOS MOT MOX MOY MOZ MGX-546 MGX-550 3/UnI/P 3/UnI/P&L 3/UnI/P 1/UnI/P 1/UnI/P 1/UnI/P MTC-3209-GV (MTC-60/380) MTC-3212-CV (315 & 548B) MTC-3312-FV (TC-270) MTC-3220-FC (TC-142) MTC-2212-CV (306) 11 TERMS AND CONDITIONS Coverage Exclusions Product Description All The cost of any repairs, replacements or adjustments to a covered component (1) associated with noise; (2) resulting from the use or installation of non -genuine Meritor components or materials; (3) due to vibration associated with improper operation or misapplication of drivetrain components; and (4) damage resulting from corrosion. For axle assemblies supplied by Meritor with suspension and in- terface brackets designed and/or attached by non-Meritor parties, Meritor warranty coverage does not apply to the brackets, bracket attachment methods, and field issues caused by brackets or bracket attachments to any covered component unless specified in a separate OEM agreement. Front Axles King Pin Bushings. Rear Axles Self-contained traction equalizers and oil filters. The use of NoSPIN differentials will result in the exclusion of axle shafts from warranty considerations. NoSPIN is a product of Eaton. ASA Boot and bushing. Bent, broken, over -torqued, missing or otherwise damaged pawl assemblies. Cam Brake Brake lining wear and brake shoe "rust -jacking." Disc Brake Pad wear, rotor wear. Coverage Limitations Product Description All Any claim beyond 60 days from date of repair will not be accepted or honored under this warranty program. Products purchased on an incomplete vehicle (glider) are limited to one year, unlimited miles parts only (1/UnI/P). Front Axles Tie rod and tie rod ends limited to 3-year/300,000-mile or published vocational coverage, whichever is less. Wheel seals, gaskets and wheel bearings are covered for 1 year/unlimited miles if the wheel end equipment is supplied and assembled by Meritor. Rear Axles Pinion and through shaft seals limited to 3-year/300,000-mile or published vocational coverage, whichever is less, if yoke is installed by Meritor. If yoke is not installed by Meritor, then Meritor does not warrant pinion seals. Wheel seals, gaskets and wheel bearings are covered for 1 year/unlimited miles if the wheel end equipment is supplied and assembled by Meritor. Rear Axles The Meritor® breather part number A-2297-C-8765 with A-3196-1-1336 hose must be used for eligibility of any potential warranty consideration relating to contamination and/or loss of lube in axles. Cam Brake Limited to bracket, brake spider and camshaft structural integrity. STEELite X30 Wearable life is up to the discard diameter of the drum. Disc Brake Warranty coverage for boots, seals, bushings and pins is 2/200/P. Warranty coverage for pads is 1/100/P. Warranty coverage on vehicles with 1,850 lb-ft engine torque and over may be reduced on individual drivetrain components. Contact your Meritor representative for specific details. 12 TERMS AND CONDITIONS (1) What is Covered by this Commercial Warranty? Meritor Heavy Vehicle Systems, LLC warrants to the owner ("Owner") that the components listed in this publication, which have been installed by an Original Equipment Manufacturer ("OEM") as original equipment in vehicles licensed for on -highway use, will be free from defects in material and workmanship. This warranty coverage begins only after the expiration of the OEM's vehicle warranty for the applicable covered components. Warranty coverage ends at the expiration of the applicable time period from the date of vehicle purchase by the first Owner, or, the applicable mileage limitation, whichever occurs first. Duration of coverage varies by component and vocation as detailed elsewhere in this warranty statement. Some components are warranted for parts only and the Owner must pay any labor costs associated with the repair or replacement of the component. Other components are warranted for both parts and reasonable labor to repair or replace the subject component. Components (whether new, used or remanufactured) installed as replacements under this warranty are warranted only for the remainder of the original period of time or mileage under the original warranty. For certain components, coverage requires the use of specific extended drain interval or synthetic lubricants. For further information about lubrication and maintenance, see Meritor publication Maintenance Manual Number I and the applicable Meritor maintenance manual for the product in question. Other conditions and limitations applicable to this warranty are detailed below. (2) Designation of Vocational Use Required. To obtain warranty coverage, each Owner must notify Meritor through the OEM new truck and/or trailer dealer of the intended vocational use of the vehicle into which the Meritor components have been incorporated prior to the vehicle in-service date. This notification may be accomplished by registering the vehicle through your OEM new truck and/or trailer dealer or with Meritor directly. Failure to notify Meritor of (I) the intended vocational use of the vehicle or (II) a change in vocational use from that which was originally designated, will result in the application of a one year, unlimited mileage, parts only warranty (1/UnI/P) from the initial in-service date. A second Owner and each subsequent Owner must also notify Meritor as to the intended vocational use of the vehicle. This notification can be sent directly to Meritor or through the OEM new truck and/or trailer dealer. The duration and mileage coverage of this warranty cannot exceed the coverage extended to the first Owner after his or her initial designation of vocational use. Coverage under Meritor's warranty requires that the application of products be properly approved pursuant to OEM and Meritor approvals. Refer to TP-9441 for axles, SP-8320 for trailer axles, TP-12126 for drivelines, and/or contact Meritor regarding specific application approval questions on any product line. (3)What is the Cost of this Warranty? There is no charge to the Owner for this warranty. (4)What is not Covered by this Warranty? This warranty does not cover normal wear and tear; nor does it cover a component that fails, malfunctions or is damaged as a result of (I) improper installation, adjustment, repair or modification (including the use of unauthorized attachments or changes or modification in the vehicle's configuration, usage, or vocation from that which was originally approved by Meritor), (II) accident, natural disaster, abuse, or improper use (including loading beyond the specified maximum vehicle weight or altering engine power settings to exceed the axle and/or driveline capacity), or (III) improper or insufficient maintenance (including deviation from approved lubricants, change intervals, or lube levels). This warranty does not cover any component or part that is not branded by Meritor. For vehicles that operate full or part time outside of the United States and Canada, a one year, unlimited mileage, parts only warranty (1/Unl/P) will apply. (5) Remedy. The exclusive remedy under this warranty shall be the repair or replacement of the defective component at Meritor's option. Meritor reserves the right to require that all applicable failed materials are available and/or returned to Meritor for review and evaluation. (6) Disclaimer of Warranty. THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESSED, IMPLIED OR STATUTORY INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. (7) Limitation of Remedies. In no event shall Meritor be liable for special, incidental, indirect, or consequential damages of any kind or under any legal theory, including, but not limited to, towing, downtime, lost productivity, cargo damage, taxes, or any other losses or costs resulting from a defective covered component. (8) To Obtain Service. If the Owner discovers within the applicable coverage period a defect in material or workmanship, the Owner must promptly give notice to either Meritor or the dealer from which the vehicle was purchased. To obtain service, the vehicle must be taken to any participating OEM new truck and/or trailer dealer or authorized Meritor service location. The dealer will inspect the vehicle and contact Meritor for an evalu- ation of the claim. When authorized by Meritor, the dealer will repair or replace during the term of this warranty any defective Meritor component covered by this warranty. (9) Entire Agreement. This is the entire agreement between Meritor and the Owner about warranty and no Meritor employee or dealer is authorized to make any additional warranty on behalf of Meritor. This agreement allocates the responsibilities for component failure between Meritor and the Owner. Product models, brands, names and trademarks depicted herein are the property of their respective owners and, except where otherwise indicated, are not in any way associated with Meritor Heavy Vehicle Systems, LLC, or any parent or affiliate, thereof. MERITOR Meritor Heavy Vehicle Systems, LLC 2135 West Maple Road Troy, Michigan 48084 USA For more information: call Ontrac at 866-668-7221 or visit meritor.com ©2018 Meritor, Inc. Litho in USA, SP-95155 Revised 1-19 (47865/11900) Fire and Rescue Apparatus Three (3) Year Material and Workmanship Meritor Wabco ABS Brake System Limited Warranty 1. LIMITED WARRANTY Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: Coverage: The Meritor Wabco ABS brake system shall be covered by Meritor Wabco as indicated in the attached Meritor Wabco warranty coverage description Warranty Begins: The date of the original purchase invoice (issued when the product ships from the factory). Warranty Period Ends After: Three (3) Year Conditions and Exclusions: See Also Paragraphs 2 thru 4 The exclusions listed in the attached Meritor Wabco warranty description shall apply. This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. 2/25/2013 WA0232 Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty. 2. DISCLAIMERS OF WARRANTIES THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FORA PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 3. BUYER'S EXCLUSIVE REMEDY. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down -time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. WARRANTY MODEL YEAR 2021 VEHICLES [Image of tractor-trailer on desert road; trailer reads "WABCO"] Warranty coverage is essential to protecting your investment. But understanding the full details of your coverage can be challenging. This straightforward approach allows you, our valued customer, to better understand how your specific vehicle applications will be covered in your region. Our component warranty coverage is provided according to vocation/usage categories listed below. • Linehaul covers high mileage operation (over 60,000 miles/year) on well -maintained major highways of concrete or asphalt construction. • General Service covers moderate mileage operations (less than 60,000 miles/year) on well -maintained public roads (less than 10 percent off -road) typically with less than three (3) stops per mile. • Heavy Service (Vocational) covers vehicles with more than 10 percent off -road OR moderate to frequent starts/stops typically with more than three (3) stops per mile. • Off -Highway Service covers lower mileage operations. Vehicles are not typically licensed for highway use. How to Read Warranty Coverage (Example) Number of Years Mileage (in thousands) UnI=Unlimited P=Parts Only P&L=Parts & Labor 3 300 P • The standard aftermarket warranty for WABCO products - including WABCO Original parts, WABCO Reman Solutions, ProVia quality aftermarket parts and WABCO retrofit solutions - is one year, parts only from in-service date when purchased from ZF distributor networks or its affiliates and/or subsidiaries. WABCO WARRANTY - MODEL YEAR 2021 VEHICLES LINEHAUL/GENERAL SERVICE WARRANTY INFORMATION LINEHAUL/GENERAL SERVICE VEHICLES • Aerial Ladder Truck • Aerial Platform • Ambulance • Auto Hauler • Beverage Truck • Bulk Hauler • Chip Hauler (Truck) • Cross Country Coach • Doubles • Flatbed • Front Engine Commercial Chassis • Front Engine Integral Coach • General Freight • Grain Hauler • Intercity Coach • Intermodal Chassis LINEHAUL TYPICALLY IS • High mileage operation (over 60,000 miles/year) • Well maintained major highways of concrete or asphalt construction • Livestock Hauler • Meat Packer • Moving Van • Municipal Truck • Pipe Hauler • Platform Auto Hauler • Pumper • Rear Engine Integral Coach • Recreational Vehicles • Refrigerated Freight • School Bus • Stake Truck • Tanker • Tanker Truck • Triples • Tour Bus • Wrecker GENERAL SERVICE TYPICALLY IS • Moderate mileage operations (less than 60,000 miles/year) • Well maintained public roads (less than 10% off -road) • Less than three (3) stops per mile WABCO Components1 Air Management Air Brake Valves 1/100/P&L Trailer Lift Axle Control Valve Trailer Control Line Filter3 Air Compressors (ALL)2 2/200/P&L Air Dryers (ALL) 3/300/P&L Aerodynamics OptiFlow® TrailerSkirt 2/UnU/P OptiFlow® Trailer Tail and AutoTail 2/Unl/P Braking Systems i ABS (Anti -Lock Braking System) Air 3/300/P&L ABS (Anti -Lock Braking System) Hydraulic Electronic Braking System (EBS) Electronic Stability Control (ESC) Roll Stability Control (RSS) Trailer Roll Stability Support (RSS) Trailer ABS (Anti -Lock Braking System)3 Driveline Suspension Control Clutch Controls 2/200/P&L Leveling Valves 1/100/P&L OptiRide® Automated Manual Transmission (AMT) OptiRide® Electronically Controlled Air Suspension (ECAS) 3/300/P&L WABCO Components1 (cont.) Safety OnGuardACTIVE® 3/300/P&L OnLane° OnLaneALERT° OnSide® Trailer SafeStartTM Trailer TaiIGUARDTM Telematics TrailerCASTTM Telematics Device 3/300/P&L Wheel End Solutions EasyFitTM Slack Adjuster 6/600/P MAXXUSTM Truck Air Disc Brake 5/500/P&L IVTM - Wheel Module 6/P IVTM - All Other Products 2/P Pan 17 and 19 Air Disc Brake 2/Unl/P and 1/UnVL Pan 22 Air Disc Brake 5/500/P and 1/L TRISTOPTM D Actuator w/ IBV or IRB 6/600/P TRISTOPTM D Actuator 3/300/P UNISTOPTM Actuator 2/200/P Trailer MAXX22TTM Air Disc Brake 5/500/P and 1/L ZF and WABCO branded components. 2 WABCO compressors Installed on Cummins, Mercedes, and DDC engines are not warranted or serviced by ZF. Please contact your respective dealer/distributor of those engines for warranty and servicing. 3 An extended warranty of 4/400/P will apply when a WABCO Trailer Control Line Filter Is used In combination with a WABCO Trailer ABS valve. HEAVY SERVICE (VOCATIONAL) WARRANTY INFORMATION HEAVY SERVICE VEHICLES • Airport Rescue Fire (ARF) • Airport Shuttle • Asphalt Truck • Block Truck • Bottom Dump Trailer Combination • Cementing Vehicle • City Bus • Commercial Pick -Up • Concrete Pumper • Construction Material Hauler • Crash Fire Rescue (CFR) • Mixer • Demolition • Drill Rig • Dump • Emergency Service • Equipment Hauling • Flatbed Trailer Hauler • Flatbed Truck • Fracturing Truck • Front Loader • Geophysical Exploration • Hopper Trailer Combinations • Landscaping Truck • Liquid Waste Hauler • Log Hauling • Lowboy • Michigan Special Gravel Trains • Michigan Special Log Hauler • Michigan Special Steel Hauler • Michigan Special Waste Vehicle • Municipal Dump • Newspaper Delivery • Package Delivery • Pick-up and Delivery • Rapid Intervention Vehicle (RIV) • Rear Loader • Recycling Truck • Residential Pick-Up/Waste • Rigging Truck • Roll -Off • Scrap Truck • Semi -End Dump • Sewer/Septic Vacuum • Shuttle Bus • Side Loader • Snowplow/Snowblower • Steel Hauling • Tanker • Tank Truck • Tractors with Pole Trailers • Tractor/Trailer with Jeeps • Transfer Dump • Transfer Vehicle • Transit Bus • Trolley • Utility Truck • Winch Truck HEAVY SERVICE TYPICALLY IS • On/Off road vocations (10% or more off -road) OR • Moderate to frequent starts/stops typically more than three (3) stops per mile WABCO Components' Air Management Air Brake Valves 1/100/P&L Air Compressors (ALL)2 Air Dryers (ALL) Trailer Control Line Filter3 Braking Systems ABS (Anti -Lock Braking System) Air 3/300/P&L ABS (Anti -Lock Braking System) Hydraulic 2/200/P&L Electronic Braking System (EBS) 3/300/P&L Electronic Stability Control (ESC) Trailer ABS Valve3 Roll Stability Control (RSS) Trailer Roll Stability Support (RSS) Driveline Suspension Control OptiRide° Electronically Controlled Air Suspension (ECAS) 2/200/P&L Leveling Valves 1/100/P&L Clutch Controls 2/200/P&L Safety OnGuardACTIVE° 3/300/P&L OnLane® OnLaneALERT° OnSide® Trailer SafeStartTM Trailer TaiIGUARDTM Telematics TrailerCASTTM Telematics Device 3/300/P&L Wheel End Solutions EasyFitTM Slack Adjuster 2/200/P MAXXUSTM Air Disc Brake 1/UnI/P&L IVTM - Wheel Module 6/P IVTM - All Other Products 2/P Pan 22, 19 and 17 Air Disc Brake 1/UnI/P&L Trailer MAXX22TTM 1/UnI/P&L TRISTOPTM D Actuator w/ IBV 3/UnI/P TRISTOPTM D Actuator 2/200/P UNISTOPTM Actuator 1/100/P [Image of Fire Truck at speed] 1 ZF and WABCO branded components. 2 WABCO compressors installed on Cummins, Mercedes, and DDC engines are not warranted or serviced by ZF. Please contact your respective dealer/distributor of those engines for warranty and servicing. 3 An extended warranty of 4/400/P will apply when a WABCO Trailer Control Line Filter Is used In combination with a WABCO Trailer ABS valve. WARRANTY - MODEL YEAR 2021 VEHICLES INDUSTRIAL/OFF-HIGHWAY SERVICE WARRANTY INFORMATION INDUSTRIAL AND OFF -HIGHWAY SERVICE TYPICALLY IS • Low mileage operation3 • Vehicles are not typically licensed for highway use Market Common Application Types Agriculture Fertilizer Spreader, Tractor, Heavy Duty Ag Trailers, Harvester, Sprayer, Skid Loader, Silage Bagger, Slurry Wagons, Grain Cart lirport Support Pushback Tractor, Towing Tugs, Aircraft Tow Tractor, Refueling Trucks, Food Service Trucks, Baggage Tractors, De -Icing Equipment, Runway Clearing Equipment onstruction All -Terrain Crane, Rough Terrain Crane, Excavator, Compactor, Wheel Loader, Road Roller, Motor Grader, Articulated Dump Truck. Rubber Tire Road Roller, Backhoe Loaders, Haul Trucks, Scraper Rough Terrain Forklifts, Trenchers, Drills Forestry Logging Forwarder, Kidder, Loaders, Yard Forklifts, Harvesters Fellers Material Handling Port Tractor, Rail Yard Spotter, Stevedoring Tractor, Trailer Spotter, Yard Jockey, Scissor Lift, Straddle Carrier, Manlift, Forklift, Boom Lift Telebandlers, Aerial Work Platforms Mining Specialized Mining, Excavator, Haul Truck, Underground Loader, Service Trucks, Wheel Loaders, Scrapers, Load Haul Dumps, Personnel Transports, Bolters, Scalers Municipal Street Sweeper, Utility Tractor, Utility Trucks, Tree Trimmers, Dump Trucks, Tow Trucks, Flat Bed Trucks, Winch Applications Oil & Gas Fracturing Trailer, Injecter Heads, Top Drives, Jack/Lift Boats, Wireline Trucks, Load -On / Load -Off Rail Railcar Mover, Track Layers, Grinders, Platform Crane, Locomotive Railcars, Ballast Equipment, Winch Applications WABCO Components' Air Management Air Brake Valves 2/UnI/P Air Compressors (ALL)2 Air Dryers (ALL) Brake Actuation Air/Hydraulic Actuators 2/UnI/P Master Cylinders Remote Actuators Slave and Wheel Cylinders Two Fluid Actuators Brake Locks Brake Locks (ALL) 2/UnI/P Electric Brake Locks Lever Locks Braking Systems ABS (Anti -Lock Braking System) Air 1 /100/P&L ABS (Anti -Lock Braking System) Hydraulic Driveline Suspension Control Clutch Controls 1 /100/P&L Leveling Valves Electrohydraulics & Controls Electronic Pedals 2/Unl/P Electrohydraulic Brake Valves (EBV) Pressure Switches Hydraulic Braking Solutions Accumulator Charging Valves 2/UnI/P Hydraulic Throttle Controls and Switches Modulating Brake Valves Wheel End Solutions EasyFitTM Slack Adjuster 2/200/P Caliper Disc Brakes 2/UnI/P MAXXUSTM Air Disc Brake 1/UnI/P&L Multiple Disc Brakes 2/UnI/P IVTM - Wheel Module 6/P IVTM - All Other Products 2/P Pan 22, 19 and 17 Air Disc Brake 1/UnI/P&L TRISTOPTM D Actuator w/ IBV 3/UnI/P TRISTOPTM D Actuator 2/200/P UNISTOPTM Actuator 1/100/P [Image of large quarry dumptruck] 1 ZF and WABCO branded components. 2 WABCO compressors Installed on Cummins, Mercedes, and DDC engines are not warranted or serviced by ZF. Please contact your respective dealer/distributor of those engines for warranty and servicing. 3 Equivalent hours of service limit: 2,000 hours for all components. TERMS AND CONDITIONS COVERAGE EXCLUSIONS PRODUCT DESCRIPTION ALL PRODUCTS This Warranty shall not apply to the following, but not limited to: (1) damage to the product or its component parts caused by incorrect use, installation, maintenance or repair, including without limitation (a) improper fit of mating components or brackets, damaged threads, cut, broken, chafed, pinched or otherwise damaged wiring (sensors, harnesses and connectors), (b) sensors damaged during removal when seized in block, or associated with sensor adjustments/ alignments, and (c) damage resulting from the use or installation of non -genuine WABCO components or materials; (2) damage to the product, its component parts, or diminished product or component part performance due to incorrect operation, deviation from approved conditions or misapplication; (3) any unauthorized disassembly of the product or its component parts including without limitation (a) obliterated, defaced or missing WABCO or WABCO name plate, serial numbers or label identifying the device as a ZF product or WABCO component, (b) changes to sealed adjusting screws, and (c) opening or attempted repair of non -serviceable components; (4) malfunction of the component due to internal contamination of the vehicle system including without limitation (a) water and other contamination damage that is due to the use of a non -genuine air dryer cartridge or (b) valve failures due to contamination in air system, (5) complaints associated with noise, (6) damage resulting from corrosion (including oxidation of electrical devices and connections). AIR DRYERS Mounting brackets (see vehicle OEM). Desiccant cartridge housing only. AIR SYSTEM COMPONENTS Normal wear items; Gladhand seals, dash valve knobs, valve actuation handles, treadles, pedals. ABS, ELECTRONIC STABILITY CONTROL (ESC), ROLL STABILITY CONTROL (RSC), OPTIRIDE®, ONGUARD° AND ONLANE®, COLLECTIVELY "ELECTRONICS" Failure of electronic components due to overvoltage condition, improper grounding, electrostatic discharge (ESD), improper shielding, electromagnetic interference (EMI), or other wiring or installation issues. Malfunctions and failure codes caused by other electronic subsystem failures (data bus, engine, transmission, dashboard, etc.) HYDRAULIC COMPONENTS For certain components, brake fluid DOT3 or DOT4 is used as the operating medium. Use of any other fluid will void all warranties associated with that component. For hydraulic braking applications the brake fluid is considered a maintenance item. Maintenance intervals are listed in TB- 1367. COVERAGE LIMITATIONS PRODUCT DESCRIPTION ALL PRODUCTS Any claim beyond 60 days from date of repair will not be accepted or honored under this warranty program. Products purchased on an incomplete vehicle (glider) are limited to one year, 1/UnI/P. For vehicles that operate full- or part-time outside of the United States and Canada, a 1-Year/Unlimited Miles parts only (1/UnI/P) will apply. TOOLBOX PLUSTM DIAGNOSTIC SOFTWARE Proper diagnostics of WABCO Electronics may require the latest version of TOOLBOX PLUSTM. Additional labor due to use of an outdated version of TOOLBOXTM software and/or the time to purchase or install the latest version of TOOLBOX PLUSTM are not covered under product warranty. WARRANTY - MODEL YEAR 2021 VEHICLES TERMS AND CONDITIONS (1) What is Covered by this Commercial Warranty? ZF CV Systems North America LLC and its North American subsidiaries and affiliates (ZF) warrant to the owner ("Owner") that the components listed in this publication, which have been installed by an Original Equipment Manufacturer ("OEM") as original equipment will be free from defects in material and workmanship. This warranty coverage begins from the original in-service date to the limits provided and runs concurrently with any warranties provided by OEMs and/or any distribution agreements and/or any service contracts that cover the components listed in this publication, if any. If the components listed in this publication are covered by an OEM warranty and/or service contract, then the OEM's warranty and/ or service contract shall supersede ZF's warranty and Owner shall comply with all OEM's warranty and/or service contract requirements for claims under such OEM's warranty and/or service contract until those agreements expire. Once those agreements expire and provided the ZF warranty has not expired under the terms stated above, the ZF warranty will be in effect until its expiration date. Warranty coverage ends at the expiration of the applicable time period from the date of vehicle purchase by the first Owner, or, the applicable mileage limitation, whichever occurs first. Duration of coverage varies by component and vocation as detailed previously in this publication. Some components are warranted for parts only and the Owner must pay any labor costs associated with the repair or replacement of the component. Other components are warranted for both parts and reasonable labor to repair or replace the subject component. Additional diagnostic time due to use of an outdated version of TOOLBOXTM, time to purchase or install latest version of TOOLBOXTM are the responsibility of the authorized ZF distributor networks and are not covered under product warranty. Components installed as replacements under this warranty are warranted only for the remainder of the original period of time or mileage under the original warranty. (2) Designation of Vocational Use Required. To obtain warranty coverage, each Owner must notify ZF through the OEM new truck and/or trailer dealer of the intended vocational use of the vehicle into which the WABCO components have been incorporated prior to the vehicle in- service date. This notification may be accomplished by registering the vehicle through your OEM new truck and/or trailer dealer or with ZF directly. Failure to notify ZF of (I) the intended vocational use of the vehicle or (II) a change in vocational use from that which was originally designated, will result in the application of a one year, unlimited mileage, parts only warranty (1/Unl/P) from the initial in- service date. A second Owner and each subsequent Owner must also notify ZF as to the intended vocational use of the vehicle. This notification can be sent directly to ZF or through the OEM new truck and/or trailer dealer. The duration and mileage coverage of this warranty cannot exceed the coverage extended to the first Owner after his or her initial designation of vocational use. Coverage under ZF's warranty requires that the application of products be properly approved pursuant to OEM and ZF, approvals. (3) What is the Cost of this Warranty? There is no charge to the Owner for this warranty. (4) What is not Covered by this Warranty? In addition to the items listed on "Coverage Exclusions," this warranty does not cover normal wear and tear, or service items; nor does it cover a component that fails, malfunctions or is damaged as a result of (a) improper handling, storage, installation, adjustment, repair or modification including the use of unauthorized attachments or changes or modification in the vehicle's configuration, usage, or vocation from that which was originally approved by ZF, (b) accident, fire or other casualty, natural disaster, road debris, negligence, misuse, abuse, or improper use (including loading beyond the specified maximum vehicle weight or altering engine power settings to exceed the brake system capacity), or (c) improper or insufficient maintenance (including deviation from maintenance intervals, approved lubricants, or lube levels). This warranty does not cover any component or part that is not sold by ZF. (5)To obtain service. If the owner discovers within the applicable coverage period a defect in material or workmanship, the Owner must promptly give notice to either ZF or the dealer from which the vehicle was purchased. To obtain service, the vehicle must be taken to any participating OEM dealer or ZF distributor networks' servicer. The dealer or ZF authorized servicer will inspect the vehicle and contact ZF for an evaluation of the claim. When authorized by ZF, the dealer or ZF authorized servicer will repair or replace during the term of this warranty any defective WABCO component covered by this warranty. (6) Disclaimer of Warranty and Limitation of remedies. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE LIMITED WARRANTY SET FORTH HEREIN IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND/OR WARRANTY FOR HIDDEN OR LATENT DEFECTS, AND IN NO EVENT WILL ZF OR ANY OF ITS AFFILIATES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, PROGRESSIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND. (7) Legal action. Any legal action or claim arising from or related to this Warranty, in contract or otherwise, must be commenced within one year from the accrual of that cause of action, or be barred forever. Any dispute arising in connection with this agreement shall be governed by and construed according to the laws of the State of Michigan and be brought, heard and determined exclusively in either the Circuit Court for the County of Oakland, State of Michigan or the United States District Court for the Eastern District of Michigan. The parties stipulate that the referenced venues are convenient. (8) Remedy. The exclusive remedy under this warranty shall be the repair or replacement of the defective component at ZFs option. ZF reserves the right to require that all applicable covered components are available and/or returned to ZF for review and evaluation. THE MAXIMUM LIABILITY, IF ANY, OF ZF FOR ALL DAMAGES, INCLUDING WITHOUT LIMITATION CONTRACT DAMAGES, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, IS LIMITED TO AN AMOUNT NOT TO EXCEED THE PURCHASE PRICE OF THE PRODUCT and where indicated in the product and application warranty information above, the inclusion of labor is limited to the standard repair time. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE LIMITATION OF DAMAGES PROVISION SET FORTH IN THIS PARAGRAPH SURVIVES BETWEEN THE ORIGINAL END USER AND ZF EVEN IF THE EXCLUSIVE REMEDY SET FORTH ABOVE IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE. ZF may change the design or make improvements to its Products without incurring any warranty obligation for previously manufactured Product . (9) Entire Agreement. This is the entire agreement between ZF and the Owner about warranty and no, ZF employee, or dealer is authorized to make any additional warranty on behalf of ZF unless in writing and signed by an authorized representative of ZF. [Sidebar image of semi-truck front fender] [Image of tractor-trailer on highway at speed with sun in the background] For further product details contact your distributor or the WABCO Customer Care Center at 855-228-3203. About ZF Friedrichshafen AG ZF is a global technology company and supplies systems for passenger cars, commercial vehicles and industrial technology, enabling the next generation of mobility. ZF allows vehicles to see, think and act. In the four technology domains Vehicle Motion Control, Integrated Safety, Automated Driving, and Electric Mobility, ZF offers comprehensive solutions for established vehicle manufacturers and newly emerging transport and mobility service providers. ZF electrifies different kinds of vehicles. With its products, the company contributes to reducing emissions and protecting the climate. ZF, which acquired WABCO Holdings Inc. on May 29, 2020, now has 160,000 employees worldwide with approximately 260 locations in 41 countries. In 2019, the two then -independent companies achieved sales of €36.5 billion (ZF) and $3.4 billion (WABCO). For more information, visit: www.wabco-na.com © 2021 ZF CV Systems North America LLC - All rights reserved - SP1375 / 2.2021 WABCO 1. LIMITED WARRANTY Fire and Rescue Apparatus Ten (10) Year Structural Integrity Custom Cab Limited Warranty Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: Coverage: The Pierce Custom Cab shall be free from structural failures caused by defects in material and workmanship Warranty Begins: The date of the original purchase invoice (issued when the product ships from the factory). Warranty Period Ends After: Ten (10) Years or 100,000 Miles Conditions and Exclusions: See Also Paragraphs 2 thru 4 This warranty applies only to the cab tubular support and mounting structures and other structural components of the cab of the vehicle model, as identified in the Pierce specifications for the Fire and Rescue Apparatus. This warranty does not apply to damage caused by corrosion. This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. 2/8/2010 WA0012 Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or afternarket parts added after manufacture without the authorization of Pierce may void this warranty. 2. DISCLAIMERS OF WARRANTIES THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 3. BUYER'S EXCLUSIVE REMEDY. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down -time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. Fire and Rescue Apparatus Ten (10) Year Pro -Rated Paint and Corrosion Cab Limited Warranty 1. LIMITED WARRANTY Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: Coverage: Exterior surfaces of the cab painted by Pierce shall be free from blistering, peeling, corrosion or any other adhesion defect caused by defective manufacturing methods or paint material selection. Warranty Begins: The date of the original purchase invoice (issued when the product ships from the factory). Warranty Period Ends After: Ten (10) Years Conditions and Exclusions: See Also Paragraphs 2 thru 4 This limited warranty is applicable to the vehicle in the following percentage costs of warranty repair, if any: Topcoat Durability & Appearance: Gloss, Color Retention & Cracking 0-72 months 100% 73-96 months 50 97-120 months 25 Integrity of Coating System: Adhesion, Blistering/Bubbling 0-36 months 100% 37-84 months 50% 85-120 months 25% Corrosion: Dissimilar Metal and Crevice 0-36 months 100% 37-48 months 50 49-72 months 25 73-120 months 10% Corrosion Perforation 0-120 months 100% This limited warranty applies only to exterior paint. Paint on the vehicle's interior is warranted only under the Pierce Basic One Year Limited Warranty. Items not covered by this warranty include: (a) Damage from lack of maintenance and cleaning (proper cleaning and maintenance procedures are detailed in the Pierce operation and maintenance manual). (b) UV paint fade. (c) Any cab not manufactured by Pierce. This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. 2/8/2010 WA0055 Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or afternarket parts added after manufacture without the authorization of Pierce may void this warranty. 2. DISCLAIMERS OF WARRANTIES THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 3. BUYER'S EXCLUSIVE REMEDY. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down -time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. Fire and Rescue Apparatus Five (5) Year Material and Workmanship Command Zone Electronics Limited Warranty 1. LIMITED WARRANTY Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: Coverage: Command Zone control modules shall be free from failures caused by defects in material and workmanship Warranty Begins: The date of the original purchase invoice (issued when the product ships from the factory). Warranty Period Ends After: Five (5) Years Conditions and Exclusions: See Also Paragraphs 2 thru 4 This limited warranty applies to all of the control modules for the Command Zone system, including the full color graphic displays. Related wire harnesses, cables and connectors are not covered under this limited warranty and are instead covered under the Pierce One Year Basic Apparatus Limited Warranty. This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. 2/8/2010 WA0014 Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or afternarket parts added after manufacture without the authorization of Pierce may void this warranty. 2. DISCLAIMERS OF WARRANTIES THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 3. BUYER'S EXCLUSIVE REMEDY. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down -time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. Fire and Rescue Apparatus 54 Months Material and Workmanship Camera System Limited Warranty 1. LIMITED WARRANTY Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: Coverage: This limited warranty covers repairs to correct any defect related to materials or workmanship of the Sharpvision camera system installed on the apparatus occuring during the warranty period. Warranty Begins: The date of delivery. Warranty Period Ends After: Fifty - Four (54) months Conditions and Exclusions: See Also Paragraphs 2 thru 4 This limited warranty does not apply to related wire harnesses, cables, and connectors, which are covered by the Pierce one (1) year basic apparatus limited warranty. This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. 1 /11 /2011 WA0188 Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or afternarket parts added after manufacture without the authorization of Pierce may void this warranty. 2. DISCLAIMERS OF WARRANTIES THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 3. BUYERS EXCLUSIVE REMEDY. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down -time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. Fire and Rescue Apparatus Ten (10) Year Material and Workmanship Pierce 12V LED Strip Light Limited Warranty 1. LIMITED WARRANTY Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: Coverage: This limited warranty covers repairs to correct any defect related to materials or workmanship of the Pierce 12V LED strip lights installed on the apparatus occuring during the warranty period. Warranty Begins: The date of the original purchase invoice (issued when the product ships from the factory). Warranty Period Ends After: Ten (10) Year Conditions and Exclusions: See Also Paragraphs 2 thru 4 This limited warranty does not apply to related wire harnesses, cables, and connectors, which are covered by the Pierce one (1) year basic apparatus limited warranty. This limited warranty shall apply only if the product is properly maintained in accordance with Pierces maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. 7/5/2011 WAO203 Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty. 2. DISCLAIMERS OF WARRANTIES THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 3. BUYER'S EXCLUSIVE REMEDY. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down -time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. Allison Transmission® NEW PRODUCT WARRANTY PARTICIPATING OEM SALES DISTRIBUTOR SALES LIMITED WARRANTY ON NEW ALLISON AUTOMATIC TRANSMISSIONS USED IN EMERGENCY VEHICLE APPLICATIONS Allison Transmission will provide for repairs or replacement, at its option, during the warranty period of each new Allison transmission listed below that is installed in an Emergency Vehicle in accordance with the following terms, conditions, and limitations. WHAT IS COVERED • WARRANTY APPLIES — This warranty is for new Allison transmission models listed below installed in an Emergency Vehicle and is provided to the original and any subsequent owner(s) of the vehicle during the warranty period. • REPAIRS COVERED — The warranty covers repairs or replacement, at Allison Transmission's option, to correct any transmission malfunction resulting from defects in material or workmanship occurring during the warranty period. Needed repairs or replacements will be performed using the method Allison Transmission determines most appropriate under the circumstances. • TOWING — Towing is covered to the nearest Allison Transmission Distributor or authorized Dealer only when necessary to prevent further damage to your transmission. • PAYMENT TERMS — Warranty repairs, including parts and labor, will be covered per the schedule shown in the chart contained in section "APPLICABLE MODELS, WARRANTY LIMITATIONS, AND ADJUSTMENT SCHEDULE." • OBTAINING REPAIRS — To obtain warranty repairs, take the vehicle to any Allison Transmission Distributor or authorized Dealer within a reasonable amount of time and request the needed repairs. A reasonable amount of time must be allowed for the Distributor or Dealer to perform necessary repairs. • TRANSMISSION REMOVAL AND REINSTALLATION — Labor costs for the removal and re -installation of the transmission, when necessary to make a warranty repair, are covered by this warranty. • WARRANTY PERIOD — The warranty period for all coverages shall begin on the date the transmission is delivered to the first retail purchaser, with the following exception: Demonstration Service - A transmission in a new truck or bus may be demonstrated to a total of 5000 miles (8000 kilometers). If the vehicle is within this limit when sold to a retail purchaser, the warranty start date is the date of purchase. Normal warranty services are applicable to the demonstrating Dealer. Should the truck or bus be sold to a retail purchaser after these limits are reached, the warranty period will begin on the date the vehicle was first placed in demonstration service and the purchaser will be entitled to the remaining warranty. APPLICABLE MODELS, WARRANTY LIMITATIONS, AND ADJUSTMENT SCHEDULE APPLICABLE MODELS WARRANTY LIMITATIONS (Whichever occurs first) ADJUSTMENT CHARGE TO BE PAID BY THE CUSTOMER Months Transmission Miles Or Kilometers Parts Labor MT, MD 3000, 3200, 3500, 3700 0-24 No Limit No Charge No Charge HT with Hydraulic Controls 0-24 No Limit No Charge No Charge AT, 1000 SeriesTM, 2000 SeriesTM, 2400 SeriesTM 0-36 No Limit No Charge No Charge HT with Electronic Controls 0-60 No Limit No Charge No Charge HD 1000 EVS, 2100 EVS, 2200 EVS 2350 EVS, 2500 EVS, 2550 EVS, 3000 EVS, 3500 EVS, 4000, 4000 EVS, 4500, 4500 EVS, 4700, 4700 EVS, 4800, 4800 EVS 0-60 No Limit No Charge No Charge Page 1 of 2 WHAT IS NOT COVERED • DAMAGE DUE TO ACCIDENT, MISUSE, or ALTERATION — Defects and damage caused as the result of any of the following are not covered: Flood, collision, fire, theft, freezing, vandalism, riot, explosion, or objects striking the vehicle; Misuse of the vehicle; Installation into unapproved applications and installations; Alterations or modification of the transmission or the vehicle, and Damage resulting from improper storage (refer to long-term storage procedure outlined in the applicable Allison Service Manual) Anything other than defects in Allison Transmission material or workmanship NOTE: This warranty is void on transmissions used in vehicles currently or previously titled as salvaged, scrapped, junked, or totaled. • CHASSIS, BODY, and COMPONENTS — The chassis and body company (assemblers) and other component and equipment manufacturers are solely responsible for warranties on the chassis, body, component(s), and equipment they provide. Any transmission repair caused by an alteration(s) made to the Allison transmission or the vehicle which allows the transmission to be installed or operated outside of the limits defined in the appropriate Allison Installation Guideline is solely the responsibility of the entity making the alteration(s). • DAMAGE CAUSED by LACK of MAINTENANCE or by the USE of TRANSMISSION FLUIDS NOT RECOMMENDED in the OPERATOR'S MANUAL — Defects and damage caused by any of the following are not covered: — Failure to follow the recommendations of the maintenance schedule intervals applicable to the transmission; — Failure to use transmission fluids or maintain transmission fluid levels recommended in the Operator's Manual. • MAINTENANCE — Normal maintenance (such as replacement of filters, screens, and transmission fluid) is not covered and is the owner's responsibility. • REPAIRS by UNAUTHORIZED DEALERS — Defects and damage caused by a service outlet that is not an authorized Allison Transmission Distributor or Dealer are not covered. • USE of OTHER THAN GENUINE ALLISON TRANSMISSION PARTS — Defects and damage caused by the use of parts that are not genuine Allison Transmission parts are not covered. • EXTRA EXPENSES — Economic loss and extra expenses are not covered. Examples include but are not limited to: loss of vehicle use; inconvenience; storage; payment for loss of time or pay; vehicle rental expense; lodging; meals; or other travel costs. • "DENIED PARTY" OWNERSHIP — Warranty repair parts and labor costs are not reimbursed to any participating or non -participating OEMs, dealers or distributors who perform warranty work for, or on behalf of, end users identified by the United States as being a "denied party" or who are citizens of sanctioned or embargoed countries as defined by the U.S. Department of Treasury Office of Foreign Assets Control. Furthermore, warranty reimbursements are not guaranteed if the reimbursement would be contrary to any United States export control laws or regulations as defined by the U.S. Department of Commerce, the U.S. Department of State, or the U.S. Department of Treasury. OTHER TERMS APPLICABLE TO CONSUMERS AS DEFINED by the MAGNUSON-MOSS WARRANTY ACT This warranty gives you specific legal rights and you may also have other rights which vary from state to state. Allison Transmission does not authorize any person to create for it any other obligation or liability in connection with these transmissions. ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE APPLICABLE TO THESE TRANSMISSIONS IS LIMITED IN DURATION TO THE DURATION OF THIS WRITTEN WARRANTY. PERFORMANCE OF REPAIRS AND NEEDED ADJUSTMENTS IS THE EXCLUSIVE REMEDY UNDER THIS WRITTEN WARRANTY OR ANY IMPLIED WARRANTY. ALLISON TRANSMISSION SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES (SUCH AS, BUT NOT LIMITED TO, LOST WAGES OR VEHICLE RENTAL EXPENSES) RESULTING FROM BREACH OF THIS WRITTEN WARRANTY OR ANY IMPLIED WARRANTY.** ** Some states do not allow limitations on how long an implied warranty will last or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. OTHER TERMS APPLICABLE TO OTHER END -USERS THIS WARRANTY IS THE ONLY WARRANTY APPLICABLE TO THE ALLISON TRANSMISSION MODELS LISTED ABOVE AND IS EXPRESSLY IN LIEU OF ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALLISON TRANSMISSION DOES NOT AUTHORIZE ANY PERSON TO CREATE FOR IT ANY OTHER OBLIGATION OR LIABILITY IN CONNECTION WITH SUCH TRANSMISSIONS. ALLISON TRANSMISSION SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM BREACH OF THIS WARRANTY OR ANY IMPLIED WARRANTY. QUESTIONS If you have any questions regarding this warranty or the performance of warranty obligations, you may contact any Allison Transmission Distributor or Dealer or write to: Allison Transmission, Inc. P.O. Box 894 Indianapolis, IN 46206-0894 Attention: Warranty Administration PF-9 Form SE0616EN (201009) Page 2 of 2 Fire and Rescue Apparatus Five (5) Year Material and Workmanship - Transmission Oil Cooler Three (3) Year Collateral Damage Coverage Limited Warranty 1. LIMITED WARRANTY Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: Coverage: The transmission cooler shall be free from component or structural failures caused by defects in material and/or workmanship. Collateral damage up to $10,000 per occurrence is available for the first three (3) years. Warranty Begins: The date of delivery to the first retail purchaser. Warranty Period Ends After: Five (5) Years on Oil Cooler and three (3) years on collateral damage coverage Conditions and Exclusions: See Also Paragraphs 2 thru 4 This warranty does not cover repair due to accidents, misuse, and excessive vibration, flying debris, storage damage (freezing), negligence or modification. This warranty is void if any modification or repairs are performed without authorization. This also voids any future warranty. This warranty does not cover cost of maintenance or repairs due to lack of required maintenance services as recommended. Performance of the required maintenance and use of proper fluids are the responsibility of the owner. Towing is covered to the nearest distributor or authorized dealer only when necessary to prevent further damage to your transmission. Labor costs for the removal and reinstallation of goods may be covered when necessary to make repairs. Please contact your OEM for authorization. Replacement of cooler during the warranty period is limited to 100% of reasonable labor costs up to a maximum of $700 to remove, replace, or repair the oil cooler. This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. 2/22/2012 WA0216 Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty. 2. DISCLAIMERS OF WARRANTIES THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 3. BUYER'S EXCLUSIVE REMEDY. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down -time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. Fire and Rescue Apparatus Fifteen (15) Year Structural Integrity Heavy Duty Rescue Body Limited Warranty 1. LIMITED WARRANTY Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: Coverage: The apparatus body shall be free from structural failures caused by defects in material and workmanship Warranty Begins: The date of the original purchase invoice (issued when the product ships from the factory). Warranty Period Ends After: Fifteen (15) Years or 100,000 Miles Conditions and Exclusions: See Also Paragraphs 2 thru 4 This warranty applies only to the body tubular support and mounting structures and other structural components of the body of the vehicle model, as identified in the Pierce specifications for the Fire and Rescue Apparatus. This warranty does not apply to damage caused by corrosion. This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. 2/8/2010 WA0010 Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or afternarket parts added after manufacture without the authorization of Pierce may void this warranty. 2. DISCLAIMERS OF WARRANTIES THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 3. BUYER'S EXCLUSIVE REMEDY. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down -time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. MANUFACTURING A&A Pierce Warranty Statement for Gortite Roll Up Doors Rev 2/24/2011 All mechanical components of the door shall be warranted to be free from defects in materials and workmanship for the lifetime of the vehicle. All parts covered under this warranty shall be to the original owner. A&A manufacturing warrants that painted doors shall be free of blistering, peeling, bubbling, or any other adhesion defect caused by defective manufacturing methods or paint material selection. The time period for the coverage shall be 6 years from date of door shipment to Pierce. Satin anodized finish doors shall be warranted for 6 years against corrosion defects from date of door shipment to Pierce. Replacement of decals/Scotchlite is not covered. The maximum amount A&A will reimburse for labor is $60.00 per hour and the maximum amount of time allowed for repair is as follows: Door 1.0 Hr. Slat Replacement 1.0 Hr. Pennant Plate Replacement 1.0 Hr. Roller Replacement .5 Hr. Seal Replacement .5 Hr. Switch/Magnet Replacement 1.0 Hr. Travel Time 4.0 Hr. A&A Manufacturing Co., Inc. 2300 S. Calhoun Road • New Berlin, WI 53151 • Phone (262) 786-1500 • Fax (262) 786-3280 Fire and Rescue Apparatus Ten (10) Year Pro -Rated Paint and Corrosion Custom Body Limited Warranty 1. LIMITED WARRANTY Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: Coverage: Exterior surfaces of the body shall be free from blistering, peeling, corrosion or any other adhesion defect caused by defective manufacturing methods or paint material selection. Warranty Begins: The date of the original purchase invoice (issued when the product ships from the factory). Warranty Period Ends After: Ten (10) Years Conditions and Exclusions: See Also Paragraphs 2 thru 4 This limited warranty is applicable to the vehicle in the following percentage costs of warranty repair, if any: Topcoat Durability & Appearance: Gloss, Color Retention & Cracking 0-72 months 100% 73-96 months 50 97-120 months 25 Integrity of Coating System: Adhesion, Blistering/Bubbling 0-36 months 100% 37-84 months 50% 85-120 months 25% Corrosion: Dissimilar Metal and Crevice 0-36 months 100% 37-48 months 50 49-72 months 25 73-120 months 10% Corrosion Perforation 0-120 months 100% This limited warranty applies only to exterior paint. Paint on the vehicle's interior is warranted only under the Pierce Basic One Year Limited Warranty. Items not covered by this warranty include: (a) Damage from lack of maintenance and cleaning (proper cleaning and maintenance procedures are detailed in the Pierce operation and maintenance manual). (b) UV paint fade. (c) Any cab not manufactured by Pierce. This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. 2/8/2010 WA0057 Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or afternarket parts added after manufacture without the authorization of Pierce may void this warranty. 2. DISCLAIMERS OF WARRANTIES THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 3. BUYER'S EXCLUSIVE REMEDY. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down -time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. Fire and Rescue Apparatus One (1) Year Material and Workmanship Graphics Fading and Deterioration Limited Warranty 1. LIMITED WARRANTY Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: Coverage: Each graphic lamination shall be free from defects in material, workmanship, fading, and deterioration. Warranty Begins: The date the apparatus is placed in service, or 60 days from the original buyer invoice date, whichever comes first. Warranty Period Ends After: One (1) Year Conditions and Exclusions: See Also Paragraphs 2 thru 4 This warranty does not cover damage from lack of maintenance and cleaning (proper cleaning and maintenance procedures are detailed in the Pierce operation and maintenance manual). This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period. THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY. 2/22/2010 WA0168 Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to: (a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; (c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or afternarket parts added after manufacture without the authorization of Pierce may void this warranty. 2. DISCLAIMERS OF WARRANTIES THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 3. BUYER'S EXCLUSIVE REMEDY. If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation. Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO, REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down -time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages. Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 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CUSTOMER APPROVAL APPROVED BY: DATE: MANUFACTURING INC. JOB NO. DR ELI v SCALE 1024 DATE \0 DIMENSIONS S OWN ARE APPROXIMATE AND ARE SUBJECT TO MINOR DEVIATIONS AS MAY OCCUR OR BE NECESSARY IN CONSTRUCTION. MINOR DETAILS NOT SHOWN. NOTES: 1. MAGNAPLUS 80/ CONTINOUS THREE PHASE PTO DRIVEN GENERATOR WITH STN STL SPLASH GUARD LOCATED BETWEEN THE FRAME RAILS CLEAR DOOR WIDTH KEY ARDOR ROLL UP DOORS: -2 1/4' GORTITE ROLL UP DOORS: -2 1/2' CHASSIS DATA TITLE HEAVY DUTY RESCUE NON—WAL<IN DRAWN BY EHD 02FEB2B PIERCE DOUBLE LAP DOORS: -4 1/4' PIERCE L1FT-UP LAP DOORS: -1 1/2' MAKE PIERCE =0R CAPE CANAVERAL FIRE DEPARTMENT BID #649 ANTHONY AUTORINO CHECKED BY (EX: 60'F-F - 2 1/4"F 57 3/4'' CLEAR) (F-F)= FRAME TO FRAME A 08FEB23 SHD REV DATE BY CH MODEL VXFR6020 DWG NO. ICD4 SHEET SIZE SHEET NO. 1 OF 1 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • MARCH 21, 2023 AGENDA ITEM SUMMARY • ITEM # 4 Subject: Approve Right of Entry and Installation Agreement between Wave Development, LLC (Owner) at 8801 Astronaut Boulevard and the City of Cape Canaveral in the amount $49,508 and Authorize City Manager to execute same. Department: City Manager's Office Summary: In FY 21/22, the West Central Boulevard Streetscape Project (Project) was completed. The multi -faceted project included many upgrades, including an upgraded stormwater conveyance system with stormwater reconnections made to existing, developed properties along the roadway. An unfortunate error occurred when crews uncovered an older stormwater pipe connection along the frontage of the undeveloped Puerto Del Rio field, on the north side of the Project. Thinking it abandoned, the City Engineer directed crews to not connect it to the new, main stormwater pipe underneath the new roadway. The Project was later completed. In the latter half of last year, the Owner of the property at 8801 Astronaut Boulevard contacted the City with a concern about an unusually high water elevation in his stormwater pond after a heavy rainfall event. The Owner and the City investigated and it was discovered that the connection that had been abandoned was the stormwater outfall connection from the Owner's Subject Property retention pond. City Staff agreed that a reconnection was required. The Owner and his attorney soon met with Staff and, over the course of several months, the parties negotiated a solution to reconnect the Owner's stormwater outfall to the City's system: the completed Streetscape Project included an 18" diameter stormwater pipe extending to a new Streetscape stormwater inlet box located directly in front of the Subject Property and from this location a new pipe will be constructed to reconnect the Subject Property's stormwater outfall to the City's stormwater inlet box. The new pipe will be 18" in diameter, or equivalent -sized elliptical pipe, in order to match the size of the City's stormwater connection. Both Parties have reviewed and are satisfied with the attached Right of Entry and Installation Agreement (Attachment 1). Council approval of this Agreement authorizes an unbudgeted Stormwater Enterprise Fund expense of $49,508, per the Staff Estimate of Probable Costs (Attachment 2). Staff is currently seeking bids for the work and intends to complete the work within 60 days. Submitted By: Todd Morley, City Manager Attachments: 1. Right of Entry and Installation Agreement. 2. Staff Estimate of Probable Costs. Financial Impact: Not to exceed $49,508, funded by the Stormwater Enterprise Fund; Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo City of Cape Canaveral City Council Meeting • March 21, 2023 Agenda Item # 4 Page 2 of 2 The City Manager recommends the City Council take the following actions: Approve Right of Entry and Installation Agreement between Wave Development, LLC (Owner) at 8801 Astronaut Boulevard and the City of Cape Canaveral in the amount $49,508 and Authorize City Manager to execute same. Approved by City Manager: Todd Morley Attachment 1 RIGHT OF ENTRY AND INSTALLATION AGREEMENT THIS AGREEMENT is made and entered into this day of , 2023, by and between WAVE DEVELOPMENTS, LLC, a Florida limited liability company, whose address is 109 Long Point Road, Cape Canaveral, Florida 32920, hereinafter referred to as "Owner", and the CITY OF CANAVERAL, a municipality of the State of Florida, whose address is 100 Polk Avenue, Cape Canaveral, Florida 32920, hereinafter referred to as the "City". WHEREAS, Owner's Property which is subject to this Agreement is approximately 5 acres and located at 8801 Astronaut Boulevard, Cape Canaveral, Florida 32920. The tax parcel ID. is 24- 37-15-00-817 and the Property is legally described in that certain Corporate Warranty Deed which was recorded at Brevard County Official Record Book 5305, Page 1185 ("Property"); and WHEREAS, the City recently completed the construction of a new streetscape project at W. Central Boulevard which included the replacement of the City's underground stormwater drainage system which serves W. Central Boulevard and several properties along W. Central Boulevard including Owner's Property; and WHEREAS, during construction, the City disconnected Owner's previously existing fifteen inch (15") internal diameter ("ID") RCP stormwater outfall pipe, which had previously discharged stormwater from an existing permitted private stormwater facility located on Owner's Property to the City's old underground stormwater drainage system that was removed and replaced as part of the streetscape project; and WHEREAS, the Parties desire to fully cooperate and reestablish the stormwater outfall pipe connection from Owner's existing permitted private stormwater facility to the City's new underground stormwater drainage system within W. Central Boulevard with a larger eighteen inch (18" ID) pipe, or alternatively, as deemed necessary by the City an equivalent sized elliptical pipe, under the terms and conditions stated herein. WITNESSETH IN CONSIDERATION of the mutual promises contained herein between the parties, the OWNER and the CITY agree as follows: 1. The foregoing recitals are true and correct and fully incorporated herein by this reference. 2. The general purpose of this Agreement is to allow the City to reconnect Owner's existing permitted private stormwater facility located on the Property to the City's newly constructed drainage system located within W. Central Boulevard which captures and discharges stormwater into the Banana River. More specifically, the City at no cost, liability, or expense to Owner, shall install a new, larger eighteen inch (18" ID) pipe, or alternatively, as deemed necessary by the City an equivalent sized elliptical pipe, and related improvements reconnecting Owner's City of Cape Canaveral Right of Entry/Installation Agreement Page 1 of 5 existing permitted private stormwater facility to an existing City stormwater inlet located within the W. Central Boulevard ("Project"), within 60 days of execution of this Agreement. The City may request reasonable extensions of time to complete the Project in the event of contractor or supply chain delays outside of the City's control. Such extensions shall not be unreasonably withheld by Owner. A conceptual design and diagram of the location of the proposed stormwater outfall pipe and connection, by Morgan & Associates Consulting Engineers, Inc., dated February 23, 2023, is attached hereto as EXHIBIT "A." The Project will be constructed in accordance with EXHIBIT "A." In the event additional plans and specifications are required, the City's engineering consultant shall prepare such plans, at the City's expense, in furtherance of this Agreement. A copy of said design plans and specifications, if required and prepared by the City, will be provided to the Owner upon completion. 3. Owner is the true and lawful owner of the Property and is lawfully seized of the same in fee simple and has good right and full power to grant this right of entry and affirms such status to the City upon which the City will rely. 4. Owner and City shall mutually cooperate to facilitate the completion of the Project, and neither party shall interfere or obstruct the other Party's ability to fully perform their respective obligations and responsibilities hereunder. Owner also hereby grants to the City, its employees, agents, consulting engineers, contractors and other representatives the right to enter upon and to have access to the Property, on and after the execution of this Agreement for the purposes of constructing the Project, as the City deems necessary. The City shall furnish all labor, material, equipment, tools, supervision, and any other items required in order to complete the Project. 5. The City will provide at least seven (7) days written notice to Owner prior to commencing construction of the work required by this Agreement. The City's entry and work upon the Property shall be performed in a manner so as to not unreasonably disturb or interfere with the Owner or any of Owner's tenants or occupants of the Property. City shall not take any actions or do anything, and shall not permit any of its employees and contractors accessing the Property under this Agreement to take any action or do anything, which would intentionally or willfully damage Owner's Property. However, to the extent that the City, or any of its employees or contractors, does damage the Property while performing under this Agreement, the City shall be responsible for repairing any damage, at the City's expense. In addition, upon completion of the work required by this Agreement, the City shall restore the Property to substantially the condition existing immediately before commencing said work. 6. Upon completion of the Project by the City, Owner shall take, in perpetuity, full ownership of and maintenance responsibilities for the new stormwater outfall pipe and related improvements installed by the City on the Property and up to the point of connection to the City's manhole located at boundary of the Property and W. Central Boulevard pursuant to this Ag reement. 7. Owner will not receive from the City any compensation for the City's actions during the period of time the City occupies the Property described for the purposes set forth above or for the right to enter the Property. City of Cape Canaveral Right of Entry/Installation Agreement Page 2 of 5 8. Except to the extent caused by the sole negligence and/or willful misconduct of Owner and subject to the City's limitations on liability arising from City's sovereign immunity under Florida law, the City shall defend and hold harmless Owner and their employees and agents from and against all damages to the Property, and against any claims, demands, or causes of action, of every kind, nature, and description relating to the City's and its contractor's performance under this Agreement, including during the time period between the execution of this Agreement and the completion of the Project. Upon the City's completion of the Project in accordance with this Agreement, the City shall hereby be released and held harmless by Owner of any and all potential claims or liability which may have occurred on the Property resulting from the City disconnecting Owner's previously existing permitted stormwater outfall pipe. 9. Failure on the part of any Party to observe, comply with, perform or maintain in any material way any term, covenant, condition, duty, obligation, representation or warranty contained in or arising out of this Agreement, shall constitute a default under this Agreement. Upon occurrence of a default by any Party, the other Part shall deliver written notice to the Party in default identifying the specific nature of the default therein. The Party in default shall have thirty (30) days within which to cure such default. Provided, if the default is of such a nature that it cannot be cured within thirty (30) days, the Party in default shall have such additional time as may be necessary to cure the default, so long as within said period, the Party in default commences the cure and diligently prosecutes such cure until completion. For any default not cured, the non - defaulting Parties, may seek specific performance arising from such default. 10. This instrument represents the entire agreement between the Parties related to the Project. This Agreement shall be governed by Florida law. Venue for any legal proceeding related to this Agreement shall be in Brevard County, Florida. Modifications to this Agreement shall be in writing. IN WITNESS WHEREOF, the parties hereto have made and executed this instrument for the purposes herein expressed. ATTEST: CITY OF CAPE CANAVERAL Mia Goforth, City Clerk Todd Morley, City Manager City of Cape Canaveral Right of Entry/Installation Agreement Page 3 of 5 STATE OF FLORIDA ss: COUNTY OF BREVARD WAVE DEVELOPMENTS, LLC. Oshri Gal, Manager The foregoing instrument was sworn to, subscribed and acknowledged before me this day of , 2023 by Oshri Gal, as Manager of Wave Developments, LLC, a Florida limited liability company, on behalf of the company. They appeared before me by means of: [] online notarization, or [] physical presence and is [] personally known to me, or [] has produced as identification. (Signature of Notary Public) Print Name: Notary Public, State of Florida Commission No.: My Commission Expires: City of Cape Canaveral Right of Entry/Installation Agreement Page 4 of 5 EXHIBIT "A" Attach Conceptual Diagram City of Cape Canaveral Right of Entry/Installation Agreement Page 5 of 5 Exhibit "A" [conceptual design and diagram of the location of the proposed stormwater outfall pipe and connection, by Morgan & Associates Consulting Engineers, Inc., dated February 23, 2023] REMOVE/DEMOLISH EXISTING 15" RCP STORM PIPE CONSTRUCT 44 LF OF 18" HDPE 1 / I I CORE DRILL AND CONNECT TO EXISTING CONTROL STRUCTURE INV.= 1.22 CONSTRUCT STORM MANHOLE RIM= 4.50 W.INV.= 0.00 S.INV.= 0.00 CONSTRUCT 22 LF OF 18" HDPE CORE DRILL AND CONNECT TO EXISTING STORM INLET INV.= -0.53 EXISTING PHASE 1 444.1 IMPERIAL BOULEVAI GRAPHIC SCALE NOTES 1. CONTRACTOR SHALL RESTORE ALL DISTURBED AREAS TO MATCH ORIGINAL CONDITION. PRELIMINARY OWNER / DEVELOPER: OSHRI GAL, WAVE DEVELOPMENTS, LLC 280 W. CENTRAL BLVD., CAPE CANAVERAL, FL, 32920 (321) 783-1848; mosh@wavevillage.com M Cr) Cr) N N N O O O N N N M Cr) Cr) N N N N N N N N N 0 0 0 / Project #: 2022-100 Drawing #: 2022-100 WAIV 3 Scale: Horiz. 1 "=30' Vert. N/A Sheet #: Steven J. Morgan P.E. FL. Reg. #50632 Andreas H. Kirbach P.E. Fl. Reg. #49431 Date: Attachment 2 Staff Estimate - Wave Village Outfall Description QTY Unit Price/Item Total Mobilization 1 LS $1,850.00 $1,850.00 Demo and Haul Off Existing Pipe to Prop Line Only 1 LS $3,895.00 $3,895.00 Sawcut and Remove Curb and Asphalt Pedway 1 LS $2,770.00 $2,770.00 Connect to Existing Inlets 2 EA $2,825.00 $5,650.00 Install 18" ADS N-12 Pipe or RCP Equiv/Dewater Included 80 LF $180.35 $14,428.00 Install Stormwater Manhole 1 EA $6,780.00 $6,780.00 Rebuild Curb and Asphalt Pedway (6" Base Rock 1.5" Asphalt) 1 LS $8,525.00 $8,525.00 Regrade and Sod Disturbed Area 5,000 SF $0.65 $3,250.00 5% Contingency 1 LS $2,360.00 $2,360.00 TOTAL $49,508.00 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • MARCH 21, 2023 AGENDA ITEM SUMMARY • ITEM # 5 Subject: Ordinance No. 04-2023; updating construction standards related to the National Flood Insurance Program (NFIP) and participation in the NFIP's Community Rating System; amending Chapter 90, Article II Floodplain Management; amending Chapter 82, Buildings and Building Regulations; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date, first reading. Department: Community and Economic Development Summary: The City of Cape Canaveral participates in the National Flood Insurance Program (NFIP) and also participates in the NFIP's Community Rating System (CRS), a voluntary incentive program that recognizes and encourages community floodplain management activities that exceed minimum program requirements. The City is very fortunate to have achieved a CRS rating of Class 8, allowing citizens who purchase NFIP flood insurance policies eligible for up to a 10% premium discount. From time to time, the Florida Office of Floodplain Management updates and raises requirements for communities to maintain their respective CRS ratings. Accordingly, those communities participating in the CRS program are given the opportunity to make corresponding amendments to their municipal codes and floodplain management activities if they desire to maintain their ratings. In 2022, City Staff was contacted by the Florida Office of Floodplain Management in regards to updating City Code to be consistent with new Federal Emergency Management Agency policies. The Floodplain Management Specialist who spoke with Staff provided the newly proposed boilerplate amendments and verified that adoption of these amendments are prerequisites for the City to maintain its current CRS Class 8 rating. There is nothing else required at this time beyond the adoption of these amendments. The City Attorney has reviewed the proposed amendments and they have been incorporated into the proposed Ordinance No. 04-2023 (Attachment 1). Which modifies Chapters 92 and 80 of City Code. City Code Chapter 90, Article II, Floodplain Management, specifies lowest Finished Floor Elevation (FFE) provisions and requirements for buildings and structures, based on location within a given Special Flood Hazard Area (SFHA). There have historically been specific exceptions for manufactured homes. The proposed amendments to Chapter 90 modify the regulations related to manufactured homes to require that all manufactured homes placed, replaced, or substantially improved in SFHAs must be elevated such that the bottom of the frame is at or above the lowest Finished Floor Elevation (FFE) required, as applicable to the SFHA, in the Florida Building Code, Residential Section R322.2 (Zone A) or Section R322.3 (Zone V and Coastal A Zone). In addition, the proposed amendments to Chapter 90 create the following new damage mitigation requirements for non -elevated parking or storage -only accessory structures based on location within a SFHA, including: • Maximum structure size, minimum anchorage requirements and flood openings, • Flood -resistant building materials, and City of Cape Canaveral City Council Meeting • March 21, 2023 Agenda Item # 5 Page 2 of 2 • Mechanical, electrical and plumbing systems must be elevated to or above at least base flood elevation, plus 1 foot. City Code Chapter 82, Buildings and Building Regulations, adopts the Florida Building Code, as amended. This chapter further regulates specific elevation requirements for major structures, except for manufactured homes. The Florida Office of Floodplain Management requires a number of technical conforming amendments to this Chapter, some of which are based on the changes being made Chapter 90, but also included are technical changes related to previous amendments which have been brought into the latest edition of the Florida Building Code and can now be removed from City Code as superfluous. All of the proposed changes have been included in the Ordinance. They do not affect existing mobile/manufactured homes and associated accessory structures within the City, as the amendments only apply to manufactured homes and accessory structures that are newly placed, replaced, or substantially improved in flood hazard areas. At its February 22, 2023 Regular Meeting, the Planning and Zoning Board unanimously recommended approval of Ordinance No. 04-2023 to City Council, detailed in a Staff Memo (Attachment 2). Submitting Department Director: David Dickey Attachments: 1) Ordinance No. 04-2023 2) Memo Re: Planning and Zoning Board Recommendation — Ordinance No. 04-2023 Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo The City Manager recommends the City Council take the following action: Approve Ordinance No. 04-2023 on first reading. Approved by City Manager: Todd Morley Attachment 1 1 ORDINANCE NO. 04-2023 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE 4 CANAVERAL, FLORIDA, UPDATING CONSTRUCTION STANDARDS 5 RELATED TO THE NATIONAL FLOOD INSURANCE PROGRAM (NFIP) 6 AND PARTICIPATION IN THE NFIP'S COMMUNITY RATING SYSTEM; 7 AMENDING CHAPTER 90, ARTICLE II FLOODPLAIN MANAGEMENT; 8 AMENDING CHAPTER 82, BUILDINGS AND BUILDING REGULATIONS; 9 PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT 10 ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE 11 CODE, SEVERABILITY AND AN EFFECTIVE DATE. 12 13 WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State 14 Constitution, to exercise any power for municipal purposes, except when expressly prohibited by 15 law; and 16 17 WHEREAS, the City of Cape Canaveral participates in the National Flood Insurance 18 Program and participates in the NFIP's Community Rating System, a voluntary incentive program 19 that recognizes and encourages community floodplain management activities that exceed the 20 minimum program requirements and achieved a CRS rating of Class 8, making citizens who 21 purchase NFIP flood insurance policies eligible for premium discounts; and 22 23 WHEREAS, in 2020 the NFIP Community Rating System established certain minimum 24 prerequisites for communities to qualify for or maintain class ratings of Class 8 or better; and 25 26 WHEREAS, to satisfy the prerequisite and for the City of Cape Canaveral to maintain the 27 current CRS rating, all manufactured homes installed or replaced in special flood hazard areas 28 must be elevated to or above at least the base flood elevation plus 1 foot, which necessitates 29 modification of the existing requirements; and 30 31 WHEREAS, the Federal Emergency Management Agency released FEMA Policy #104-008- 32 03 Floodplain Management Requirements for Agricultural Structures and Accessory Structures; 33 and 34 WHEREAS, the City Council has determined it appropriate to adopt regulations that are 35 consistent with the FEMA Policy to allow issuance of permits for non -elevated wet floodproofed 36 accessory structures that are not larger than the sizes specified in the FEMA Policy; and 37 38 WHEREAS, the City Council determined that it is in the public interest to amend the 39 floodplain management regulations to better protect manufactured homes and to continue 40 participating in the Community Rating System at the current class rating. 41 42 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this City of Cape Canaveral Ordinance No. 04-2023 Page 1 of 10 1 Ordinance to be in the best interests of the public health, safety and welfare of the citizens of 2 Cape Canaveral. 3 4 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY 5 ORDAINS, AS FOLLOWS: 6 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by 7 this reference as legislative findings and the intent and purpose of the City Council of the City of 8 Cape Canaveral. 9 10 Section 2. Amending Chapter 90 Floods. The City of Cape Canaveral Code of 11 Ordinances, Chapter 90 Floods is hereby amended as set forth below (underlined type indicates 12 additions and strikeout type indicates deletions, while *** indicate deletions from this Ordinance 13 of said Chapter 90 — Floods that shall remain unchanged in the City Code): 14 15 CHAPTER 90 FLOODS 16 17 *** 18 ARTICLE II. — FLOODPLAIN MANAGEMENT 19 20 Sec. 90-35. Submission of additional data to establish flood hazard areas. 21 To establish flood hazard areas and base flood elevations, pursuant to part E of this division, 22 the floodplain administrator may require submission of additional data. Where field surveyed 23 topography prepared by a Florida licensed professional surveyor or digital topography accepted 24 by the city indicates that ground elevations: 25 (a) Are below the closest applicable base flood elevation, even in areas not delineated as a 26 special flood hazard area on a FIRM, the area shall be considered as flood hazard area 27 and subject to the requirements of this article ordinance and, as applicable, the 28 requirements of the Florida Building Code. 29 (b) Are above the closest applicable base flood elevation, the area shall be regulated as 30 special flood hazard area unless the applicant obtains a Letter of Map Change that 31 removes the area from the special flood hazard area. 32 *** 33 Sec. 90-70. Historic buildings. 34 A variance is authorized to be issued for the repair, improvement, or rehabilitation of a 35 historic building that is determined eligible for the exception to the flood resistant construction 36 requirements of the Florida Building Code, Existing Building, Chapter 12 Historic Buildings, City of Cape Canaveral Ordinance No. 04-2023 Page 2 of 10 1 upon a determination that the proposed repair, improvement, or rehabilitation will not preclude 2 the building's continued designation as a historic building and the variance is the minimum 3 necessary to preserve the historic character and design of the building. If the proposed work 4 precludes the building's continued designation as a historic building, a variance shall not be 5 granted and the building and any repair, improvement, and rehabilitation shall be subject to the 6 requirements of the Florida Building Code. 7 *** 8 Sec. 90-77. Definitions. 9 Unless otherwise expressly stated, the following words and terms shall, for the purposes of 10 this article, have the meanings shown in this section. Where terms are not defined in this article 11 and are defined in the Florida Building Code, such terms shall have the meanings ascribed to them 12 in that code. Where terms are not defined in this article or the Florida Building Code, such terms 13 shall have ordinarily accepted meanings such as the context implies. 14 Accessory structure. A structure on the same parcel of property as a principal structure and 15 the use of which is limited to parking and storage incidental to the use of the principal structure. 16 *** 17 Existing manufactured home park or subdivision. A manufactured home park or subdivision 18 for which the construction of facilities for servicing thc lots on which thc manufactured homes are 19 to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and 20 either final site grading or the pouring of concrete pads) is completed before September 29, 1972. 21 Expansion to an existing manufactured home park or subdivision. The preparation of 22 additional sites by the construction of facilities for servicing the lots on which the manufactured 23 24 final site grading or the pouring of concrete pads). 25 *** 26 Historic structure. Any structure that is determined eligible for the exception to the flood 27 hazard area requirements of the Florida Building Code, Existing Building, Chapter 12 Historic 28 Buildings. 29 *** 30 Market value. The price at which a property will change hands between a willing buyer and a 31 willing seller, neither party being under compulsion to buy or sell and both having rc\asonable 32 knowledge of relevant facts. As used in this article, the term refers to the market The value of 33 buildings and structures, excluding the land and other improvements on the parcel. Market value City of Cape Canaveral Ordinance No. 04-2023 Page 3 of 10 1 may be established by a qualified independent , is the actual cash value (in -kind 2 replacement cost depreciated for age, wear and tear, neglect, and quality of construction), 3 determined by a qualified independent appraiser, or tax assessment value adjusted to 4 approximate market value by a factor provided by the property appraiser. 5 *** 6 New manufactured home park or subdivision. A manufactured home park or subdivision for 7 which the construction of facilities for servicing the lots on which the manufactured homes are to 8 be affixed (including at a minimum, the installation of utilities, the construction of streets, and 9 either final site grading or the pouring of concrete pads) is completed on or after September 29, 10 1972. 11 Sec. 90-91. Elevation. 12 All manufactured homes that are placed, replaced, or substantially improved in flood hazard 13 areas shall be elevated such that the bottom of the frame is at or above the elevation required, as 14 applicable to the flood hazard area, in the Florida Building Code, Residential Section R322.2 (Zone 15 A) or Section R322.3 (Zone V and Coastal A Zone). Manufactured homcs that arc placed, replaced, 16 or substantially improved shall comply with section 90-92 or 90-93, as appliable. 17 Sec. 90 92. General elevation requirement. 18 Unless subject to the requirements of tion 90- 93, all manufactured homes that are placed, 19 replaced, or substantially improved on sites located: (a) outside of a manufactured homc park or 20 subdivision; (b) in a new manufactured home park or subdivision; (c) in an expansion to an existing 21 manufactured home park or subdivision; or (d) in an existing manufactured home park or 22 subdivision upon which a manufactured home has incurred "substantial damage" as the result of 23 a flood, shall be elevated such that the bottom of thc frame is at or above the elevation required, 24 as applicable to the flood hazard area , in the Florida Building Code, Residential Section R322.2 25 (Zone A) or Section R322.3 (Zone V). 26 Sec. 90-93. Elevation requirement for certain exisitng manufactured home parks and 27 subdivisions. 28 Manufactured homes that are not subject to section 90- 92, including manufactured homes 29 that are placed, replaced, or substantially improved on sites located in an existing manufactured 30 home park or subdivision, unless on a site where substantial damage as result of flooding has 31 occurred, shall be elevated such that either the: 32 (a) Bottom of the frame of the manufactured home is at or above the elevation required, 33 as applicable to the flood hazard area, in the Florida Building Code, Residential Section 34 R322.2 (Zone A) or Section R322.3 (Zone V); or City of Cape Canaveral Ordinance No. 04-2023 Page 4 of 10 1 (b) Bottom of the frame is supported by reinforced piers or other foundation elements of 2 at least equivalent strength that are not less than 36 inches in height above grade. 3 Sec. 90-94. 90-92. Enclosures. 4 Enclosed areas below elevated manufactured homes shall comply with the requirements of 5 the Florida Building Code, Residential Section R322 for such enclosed areas, as applicable to the 6 flood hazard area. 7 Sec. 90 95. 90-93. Utility equipment. 8 Utility equipment that serves manufactured homes, including electric, heating, ventilation, 9 plumbing, and air conditioning equipment and other service facilities, shall comply with the 10 requirements of the Florida Building Code, Residential Section R322, as applicable to the flood 11 hazard area. 12 Sec. 90-94-90-95. Reserved. 13 *** 14 Sec. 90-110. Non -elevated accessory structures. Accessory structures are permitted below 15 elevations required by the Florida Building Code provided the accessory structures are used only 16 for parking or storage and: 17 (a) If located in special flood hazard areas (Zone A/AE) other than coastal high hazard areas, 18 are one-story and not larger than 600 sq. ft. and have flood openings in accordance with 19 Section R322.2 of the Florida Building Code, Residential. 20 (b) If located in coastal high hazard areas (Zone V/VE), are not located below elevated 21 buildings and are not larger than 100 sq. ft. 22 (c) Are anchored to resist flotation, collapse or lateral movement resulting from flood loads. 23 (d) Have flood damage -resistant materials used below the base flood elevation plus one (1) 24 foot. 25 (e) Have mechanical, plumbing and electrical systems, including plumbing fixtures, elevated 26 to or above the base flood elevation plus one (1) foot. 27 *** 28 Section 3. Amending Chapter 82 Buildings and Building Regulations. The City of 29 Cape Canaveral Code of Ordinances, Chapter 82 Buildings and Building Regulations is hereby 30 amended as set forth below (underlined type indicates additions and strikeout type indicates City of Cape Canaveral Ordinance No. 04-2023 Page 5 of 10 1 deletions, while *** indicate deletions from this Ordinance of said Chapter 82 - Buildings and 2 Building Regulations that shall remain unchanged in the City Code): 3 4 CHAPTER 82 - BUILDINGS AND BUILDING REGULATIONS 5 6 Sec. 82-31. Florida Building Code adopted. *** 7 The Florida Building Code 2010 edition, as may be amended from time to time, as published 8 by the Florida Building Commission, shall be known as the City of Cape Canaveral Building Code 9 and is hereby adopted by reference and incorporated herein as if fully set out. 10 *** 11 ARTICLE IV. COASTAL CONSTRUCTION CODE 12 Sec. 82-88. Structural requirements for major structures. 13 (a) Design and construction. Major structures, except for mobile homes, shall be designed and 14 constructed in accordance with chapter 16 and section 3109 of the building code adopted in 15 section 82-31 using 150 Vult a three second gust at 130 miles per hour. Major structures, 16 except mobile homes, shall also comply with the applicable standards for construction found 17 elsewhere in this code. 18 (b) Mobile homes. Mobile homes shall conform to the federal mobile home construction and 19 safety standards or the Uniform Standards Code ANSI A-119.1, pursuant to F.S. § 320.823, as 20 well as subsection (c) of this section. 21 (c) Elevation, floodproofing and siting. All major structures shall be designed, constructed and 22 located in compliance with chapter 16 and section 3109, as applicable, and chapter 90 of the 23 City Code thc national flood insurance regulations as found in 11 CFR 59 and 60 or section 24 90 26 ct seq. pertaining to flood damage prevention, whichever is more restrictive. 25 *** 26 ARTICLE VI. LOCAL AMENDMENTS TO FLORIDA BUILDING CODE, BUILDING 27 Sec. 82-146. Adminiistrative amendments to Florida Building Codle, BuildingReserved. 28 Add a new Sec. 101.10.1 as follows: 29 704.10. 7 Modifications of the strict application of the requirements of the Florida Building Code. 30 The Building Official shall coordinate with the Floodplain Administrator to review requests 31 submitted to the Building Official that seek approval to modify the strict application of the City of Cape Canaveral Ordinance No. 04-2023 Page 6 of 10 1 flood resistant construction requirements of the Florida Building Code to determine whether 2 such requests require the granting of a variance pursuant to Section 117. 3 Add a new Sec. 107.6.1 as follows: 4 107.6.1 Building permits issued on the basis of an affidavit. Pursuant to the requirements of 5 federal regulation for participation in the National Flood Insurance Program (44 C.F.R. 6 Sections 59 and 60), the authority granted to the Building Official to issue permits, to rely on 7 inspections, and to accept plans and construction documents on the basis of affidavits and 8 plans submitted pursuant to Section 105.11 and Section 107.6, shall not extend to the flood 9 load and flood resistance construction requirements of the Florida Building Code. 10 Add a new Sec. 117 as follows: 11 117 VARIANCES IN FLOOD HAZARD AREAS 12 117.1 Flood hazard areas. Pursuant to section 553.73(5), Florida Statutes, thc variance 13 procedures adopted in Article II of Chapter 90 of this Codc shall apply to requests submitted 14 to the Building Official for variances to the provisions of Section 1612.4 of the Florida Building 15 Code, Building or, as applicable, the provisions of R322 of thc Florida Building Code, 16 Residential. This section shall not apply to Section 3109 of the Florida Building Code, Building. 17 Sec. 82-147. Technical amendments to Florida Building Code, Residential. 18 Modify a definition in Section 202 as follows: 19 SUBSTANTIAL IMPROVEMENT. Any combination of repair, reconstruction, rehabilitation, 20 addition or improvement of a building or structure taking place during a 10-year period, the 21 cumulative cost of which equals or exceeds 50 percent of the market value of the building or 22 structure before the improvement or repair is started. For each building or structure, the 10- 23 year period begins on the date of the first improvement or repair of building or structure 24 subsequent to April 9, 2002. If the structure has sustained incurred "substantial damage", any 25 repairs are considered substantial improvement regardless of the actual repair performed. 26 The term does not, however, include either: 27 1. Any project for improvement of a building required to correct existing health, sanitary 28 or safety code violations identified by the building official and that are the minimum 29 necessary to assure safe living conditions. 30 2. Any alteration of a historic structure provided that the alteration will not preclude the 31 structure's continued designation as a historic structure. 32 Modify Sec. R322.2.1 as follows: 33 R322.2.1 Elevation requirements. City of Cape Canaveral Ordinance No. 04-2023 Page 7 of 10 1 1. Buildings and structures in flood hazard areas not designated as Coastal A Zones shall 2. have the lowest floors cicvatcd to or abovc thc basc flood cicvation plus 1 foot or thc 3. design flood elevation, which is higher. 4 2. Buildings and structures in flood hazard areas designated as Coastal A Zones shall have 5 the lowest floors elevated to or above the base flood elevation plus 1 foot (305 mm), or 6 to the design flood elevation, which is higher. 7 3. In areas of shallow flooding (AO Zones), buildings and structures shall have the lowest 8 floor (including basement) elevated at Ieast as high above the highest adjacent grade 9 as the depth number specified in feet on the FIRM plus 1 foot, or at least 3 feet if a 10 depth number is not specified. 11 4 . Basement floors that are below grade on all sides shall be elevated to or above the base 12 flood elevation plus 1 foot or the design flood elevation, whichever is higher. 13 Exception: Enclosed areas below the design flood elevation, including basements whose 14 floors are not below grade on all sides, shall meet the requirements of Section R322.2.2. 15 Modify Sec. R322.3.2 as follows: 16 R322.3.2 Elevation requirements. 17 1. All buildings and structures erected within coastal high hazard areas shall be elevated 18 so that the lowest portion of all structural members supporting the lowest floor, with 19 the exception of mat or raft foundations, piling, pile caps, columns, grade beams and 20 bracing, is: 21 1.1 Located at or above the base flood elevation plus 1 foot or the design flood 22 elevation, which is higher, if the lowest horizontal structural member is 23 oriented parallel to the direction of wave approach, where parallel shall mean less 24 than or equal to 20 degrees (0.35 rad) from the direction of approach, or 25 1.2 Located at thc base flood elevation plus 2 feet, or the design flood elevation, 26 which is higher, if the lowest horizontal structural member is oriented 27 perpendicular to the direction of wave approach, where perpendicular shall mean 28 greater than 20 degrees (0.35 rad) from the direction of approach. 29 2. Basement floors that are below grade on all sides are prohibited. 30 3. The use of fill for structural support is prohibited. 31 11. Minor grading, and the placement of minor quantities of fill, shall be permitted for 32 landscaping and for drainage purposes under and around buildings and for support of 33 parking slabs, pool decks, patios and walkways. 34 Exception: Walls and partitions enclosing areas below the design flood shall meet 35 the requirements of Sections R322.3.4 and R322.3.5. City of Cape Canaveral Ordinance No. 04-2023 Page 8 of 10 1 Sec. 82-148. Technical amendments to Florida Building Code, Building:, and Florida 2 Building Code, Existing Building. 3 Modify a definition in Section 1612.2. as follows: 4 SUBSTANTIAL IMPROVEMENT. Any combination of repair, reconstruction, rehabilitation, 5 addition or improvement of a building or structure taking place during a 10-year period, the 6 cumulative cost of which equals or exceeds 50 percent of the market value of the building or 7 structure before the improvement or repair is started. For each building or structure, the 10- 8 year period begins on the date of the first improvement or repair of building or structure 9 subsequent to April 9, 2002. If the structure has sustained incurred "substantial damage", any 10 repairs are considered substantial improvement regardless of the actual repair performed. 11 The term does not, however, include either: 12 1. Any project for improvement of a building required to correct existing health, sanitary 13 or safety code violations identified by the building official and that are the minimum 14 necessary to assure safe living conditions. 15 2. Any alteration of a historic structure provided that the alteration will not preclude the 16 structure's continued designation as a historic structure. 17 *** 18 Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior 19 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances 20 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 21 22 Section 5. Incorporation Into Code. This Ordinance shall be incorporated into the 23 Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may 24 be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, 25 and like errors may be corrected and additions, alterations, and omissions, not affecting the 26 construction or meaning of this ordinance and the City Code may be freely made. 27 28 Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or 29 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of 30 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion 31 shall be deemed a separate, distinct and independent provision, and such holding shall not affect 32 the validity of the remaining portions of this Ordinance. 33 34 Section 7. Effective Date. This Ordinance shall become effective immediately upon 35 adoption by the City Council of the City of Cape Canaveral, Florida, and pursuant to the City 36 Charter. 37 38 39 City of Cape Canaveral Ordinance No. 04-2023 Page 9 of 10 1 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day 2 of , 2023. 3 4 5 Wes Morrison, Mayor 6 ATTEST: 7 8 For Against 9 10 Mia Goforth, CMC Kim Davis 11 City Clerk 12 Mickie Kellum 13 14 Wes Morrison 15 16 Angela Raymond 17 18 Don Willis 19 20 First Reading: March 21, 2023 21 Advertisement: 22 Second Reading: 23 24 Approved as to legal form and sufficiency 25 for the City of Cape Canaveral only by: 26 27 28 Anthony A. Garganese, City Attorney 29 City of Cape Canaveral Ordinance No. 04-2023 Page 10 of 10 Attachment 2 Memo Community + Economic Development TO: City Council VIA: Todd Morley, City Manager FROM: David Dickey, Community and Economic Development Director DATE: March 2, 2023 RE: Ordinance No. 04-2023, amending Chapter 90, Article II Floodplain Management; amending Chapter 82, Buildings and Building Regulations At its February 22, 2023 Meeting, the Planning and Zoning Board unanimously recommended City Council approval of Ordinance No. 04-2023, an ordinance of the City of Cape Canaveral, FL, updating construction standards related to the National Flood Insurance Program (NFIP) and participation in the NFIP Community Rating System (CRS); amending Chapter 90, Article II Floodplain Management; amending Chapter 82, Buildings and Building Regulations; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the code, severability and an effective date. Xc: Anthony Garganese, City Attorney CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • MARCH 21, 2023 AGENDA ITEM SUMMARY • ITEM # 6 Subject: Discuss tasking Jason Steele, City of Cape Canaveral Legislative Advocate, to work toward repeal or clarification of Senate Bill 4-D and relief of insurance premium increases for Florida homeowners. Department: City Council Summary: Proposed Senate Bill (SB) 4-D (Attachment 1), if approved, would place onerous building safety inspection requirements on condominium and cooperative association buildings that are three or more stories in height by requiring "milestone inspection" of the buildings' structural integrity by an architect or engineer when a building reaches 30 years of age and every 10 years thereafter, or 25 years of age and every 10 years thereafter if the building is located within three miles of a coastline. With nearly 80 condominium buildings three or more stories in height (see Attachment 2), all of which are within three miles of the coastline, a very large portion of the residents of Cape Canaveral will be negatively impacted by costs associated with the passage of the proposed Bill. Condominiums represent a huge constituency in the State of Florida. There are 27,000 condominium associations in the State of Florida who represent the owners of 1.52 million condominiums. This translates to nearly 3 million residents. Nearly 1 million units, housing over 2 million residents, are in condominiums over 30 years old. One can surmise that none of these residents/voters are pleased with the legislation that has been passed as a response to the collapse of the Champlain Towers South. Although the legislation had good intentions, SB 4-D was written and passed as the result of an emotional response to the Champlain Towers tragedy, resulting in poorly constructed legislation with little consideration of the consequences of that effort. Cities such as Cape Canaveral have restricted vertical development and as a result does not experience the same issues as Miami -Dave, Broward County, other areas of south Florida and large metropolitan coastal areas with their high-rise developments. If the State does not repeal SB4-D, what will be the negative impacts of this law? They include: 1. Mandated doubling or tripling of monthly condominium fees to fund unneeded reserves. This will result in a number of retired condominium owners on a fixed income being priced out of their condominiums, as they will be unable to make the monthly condominium fee payments. 2. The mass selling of condominiums that will cause a slump in the selling price of condominium units as buyers will factor in the cost of paying the tripled monthly condominium fees. 3. Possible collapse of the entire condominium housing industry. 4. Result in the liquidation of a vast number of condominium communities in the state of Florida. At the time of this writing the problems with the Florida Condominium Bill present issues that local governments will have to contend with: City of Cape Canaveral City Council Meeting • March 21, 2023 Agenda Item # 6 Page 2 of 2 1. There are no criteria or requirements for Inspectors to check, nor for the Condominium to know, as to whether or not the condominium complex complies with the standards required by the State of Florida. 2. There is no criteria as to who is responsible for overseeing these standards, currently the bill states that the municipalities or local governments are to oversee. Does that mean cities? Or does it mean Counties? And if there are no inspection criteria, and the local government has to set those standards, there could be standards that are differing from city to city or county to county. This puts an added burden onto the local governmental body, which would need additional regulations, personnel to oversee, time and effort. 3. This is a universally applied legislative decision over a tragic failure of a Condo Board to not oversee maintenance of its facility. With this legislation, all condominium associations are punished for what one Condominium Association failed to do. It is difficult for one piece of legislation to be drafted to cover the situation at every one of the thousands of condominium associations in the state of Florida. The tragic collapse of Surfside was not a failure of government. It was the failure of the residents and Condominium Association Board of that particular condominium complex to make the repairs needed to their building. Do not punish the residents of all condominiums, the overwhelming majority of whom are responsible people, for the failure of one group of condominium owners. Work to influence legislators and agencies of the State of Florida to address the critical issue of insurance rate increases for homeowners. Homeowners are facing steep increases as well as condominium owners. Condominium Associations are levying large assessments on members and condominium owners to cover the insurance rate increases, in some cases tripled on top of the personal homeowner insurance rates. Submitting Council Member: Don Willis Attachments: 1) Proposed Senate Bill 4-D 2) Map of Condominium Buildings 3+ Stories in the City of Cape Canaveral Attachment 1 THE FLORIDA SENATE 2022-D SUMMARY OF LEGISLATION PASSED Committee on Appropriations SB 4-D — Building Safety by Senator Boyd The bill requires the Florida Building Code to provide that when 25 percent or more of a roofing system or roof section is being repaired, replaced, or recovered, only the portion of the roofing system or roof section undergoing such work need be constructed in accordance with the current Florida Building Code in effect at the time of such work. This new provision applies only to roof systems and roof sections built, repaired, or replaced in accordance with the requirements of the 2007 Florida Building Code or subsequent editions. The provision revises the current Florida Building Code which requires that not more than 25 percent of the total roof area or roof section, of any existing building or structure, may be repaired, replaced, or recovered in any 12-month period —unless the entire existing roofing system or roof section conforms to the current requirements of the Code. The bill also provides building safety inspection requirements for condominium and cooperative association buildings, increases the rights of unit owners and prospective unit owners to access information regarding the condition of such buildings, and revises the requirements for associations to fund reserves for the continued maintenance and repair of such buildings. Regarding building safety inspections, the bill: • Requires condominium and cooperative association buildings that are three or more stories in height to have a "milestone inspection" of the buildings' structural integrity by an architect or engineer when a building reaches: o 30 years of age and every 10 years thereafter, or o 25 years of age and every 10 years thereafter if the building is located within three miles of a coastline. • Requires, if a milestone inspection is required and the building's certificate of occupancy was issued on or before July 1, 1992, the building's initial milestone inspection to be performed before December 31, 2024. • Requires that a phase one milestone inspection must commence within 180 days after an association receives a written notice from the local enforcement agency. • Requires a phase two milestone inspection if there is evidence of "substantial structural deterioration" as determined by a phase one inspection. • Specifies the minimum contents of a milestone inspection report. • Requires inspection report results to be provided to local building officials and the associations, and requires an inspector -prepared summary to be provided to unit owners by mail and by email to unit owners who have consented to receive notices by email. • Requires that the contract between an association that is subject to the milestone inspection requirement and a community association manager (CAM) or CAM firm must require compliance with those requirements as directed by the board. • Requires the local enforcement agency to review and determine if a building is safe for human occupancy if an association fails to submit proof that repairs for substantial This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office. SB 4-D Page: 1 THE FLORIDA SENATE 2022-D SUMMARY OF LEGISLATION PASSED Committee on Appropriations deterioration have been scheduled or begun within at least 365 days after the local enforcement agency receives a phase two inspection report. • Requires the Florida Building Commission to make recommendations to the Governor and Legislature regarding the inspection requirements in the bill and inspection for other types of buildings and structures that are three stories or more. • Provides that a willful and knowing failure by an officer or director of an association to have a milestone inspection performed is a breach of the officer's and director's fiduciary relationship to the unit owners. • Gives unit owners the right to inspect and copy, as official records, the milestone inspection report and all other inspection reports relating to structural or life safety, and gives renters the right to inspect the milestone inspection reports. • Requires the developer's turnover inspection report to comply with the milestone inspection requirements. • Requires associations to report to the Florida Division of Condominiums, Timeshare, and Mobile Homes (division) the number of buildings that are three stories or higher in height and the total number of units in such buildings on or before January 1, 2023, and requires the division to publish that information on its website. • Requires developer and non -developer unit owners to give prospective buyers of a unit a copy of the inspector -prepared summary of the milestone inspection report. • Extends the jurisdiction of the division to investigate complaints to include complaints related to the procedural completion of milestone inspections. Regarding the funding of reserves for the continued maintenance and repair of condominium and cooperative buildings, the bill: • Requires condominium associations and cooperative associations to complete a structural integrity reserve study every 10 years for each building in an association that is three stories or higher in height. • Requires associations existing on or before July 1, 2022, that are controlled by non - developer unit owners to have a structural integrity reserve study completed by December 31, 2024. • Defines "structural integrity reserve study" as a study of the reserve funds required for future major repairs and replacement of the common elements based on a visual inspection of the common elements. • Requires the study to include a visual inspection, state the estimated remaining useful life, and the estimated replacement cost of the roof, load bearing walls or other primary structural members, floor, foundation, fireproofing and fire protection systems, plumbing, and any item with a deferred maintenance or replacement cost that exceeds $10,000. • Requires the visual inspection to be performed by a person licensed as an engineer or an architect. However, any qualified person or entity may perform the other components of a structural integrity reserve study. • Requires a developer to have a structural integrity reserve study completed for each building in the association that is three stories or more in height before turning over control of an association to the non -developer unit owners. This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office. SB 4-D Page: 2 THE FLORIDA SENATE 2022-D SUMMARY OF LEGISLATION PASSED Committee on Appropriations • Provides that it is a breach of a board member or officer's fiduciary duty if an association fails to complete a structural integrity reserve study. If approved by the Governor, these provisions take effect upon becoming law. Vote: Senate 38-0; House 110-0 This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office. SB 4-D Page: 3 Attachment 2 [City aerial map with Condo properties encircled in red] Legend Condo (3+ Floors) Google Earth Image © 2023 TerraMetrics Data SIO, NOAA, U.S. Navy, NGA, GEBCO CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • MARCH 21, 2023 AGENDA ITEM SUMMARY • ITEM # 7 Subject: Discuss Parks, Recreation & Community Affairs department participation in bicycle safety certification provided by the Space Coast Transportation Organization. Department: City Council Summary: The SCTPO Community Outreach Department participated in the City of Cape Canaveral March Friday Fest with a bicycle safety booth. The SCTPO accredited helmet fitters fitted and gave away over 65 bicycle helmets to residents of Cape Canaveral along with other safety items and information. This accredited bicycle helmet designation is available from the SCTPO to our staff and access to bike helmets at no charge would also be available to the City. I would like to direct our Parks, Recreation and Community Affairs Department to designate one or two individuals to participate and receive accreditation to fit bicycle helmets. Once achieved the City can receive bicycle helmets at no charge through the SCTPO. The Department could then order on an as needed basis helmets to fit and distribute at certain City events at various times of the year to further our desire to have a safe walkable, bike -able community. Submitting Council Member: Don Willis Attachments: None ITEM # 8 City of Cape Canaveral John DeLeo, Administrative/Financial Director P.O. Box 326 Cape Canaveral, FL 32920 (321) 868-1230 (321) 868-1248 fax j.deleo@cityofcapecanaveral.org Memo TO: The Honorable Mayor and Members of the City Council VIA: Todd Morley, City Manager FROM: John DeLeo, Administrative/Financial Services Director DATE: February 22, 2023 RE: Monthly Financial Report — January 2023 Staff is pleased to present the Monthly Financial Report for the period ending January 31, 2023. At this point in the Fiscal Year, the Year to Date Actuals should be 33.3% of the total annual budget. Total General Fund Departmental costs are 11.90% below target. Administrative Services is running below target by .9%. Community Development/Code Enforcement/Economic Development is under target at 32.2%. Building Department is below target at 32.7%. Protective Services are over target by 6.7%. Fire Rescue is running below target by 1.2%. Parks Recreation/Community Affairs is 9.8% below target. Non -Departmental expenditures are below budgetary projections by 26.6%. The Community Redevelopment Agency (CRA) has incurred $206,892 of expenses for the current Fiscal Year. Wastewater Fund overall costs are under target at 18.2%. The Stormwater Fund is under target cost at 5.6%. The City's General Fund investments total $9,091,800.57; Special Revenue investments total $400,709.04; and Enterprise Fund investments total $752,034.25. The Grand total of all investments is $10,244,543.86. The Annual Rate of Return for each Investment is attached. If you have questions or wish anything additional, please contact me. City of Cape Canaveral Fund Narrative Period Ended January 31, 2023 Revenue Ad Valorem Tax To date, the City has received 83.2% of Ad Valorem revenue. The City saw the first Ad Valorem payment of FY22-23 in November, and should have seen the highest income in December. Local Option Gas Tax This amount represents actual for October and November and an accrual for December and January. This revenue source is below target at 31.9%. Franchise Fees, Utility Service Taxes and Communications Service Tax This amount represents some actuals for October - January and some accruals for December and January. These are right on target at 33.0%. Permits and Licenses Permits and Licenses are below target at 23.4%. This will see greatest revenue in August/September when the BTR renewals are mailed out. State Shared Revenues These revenues are just below target at 31.3%. This amount represents some actuals for October -January, as well as some accruals for December and January. This revenue source includes State Sales Tax, Municipal Gas Tax, Mobile Home Licenses, Alcoholic Beverage Licenses, and Local 1/2 Cent Sales Tax. Garbage and Recycling Revenues This amount represents actual collections for October -December and an accrual for January. These are slightly above target at 34.3%. Recreation Fees (Leisure Services) Recreation Fees are below target at 26.1%. Investment Income Investment Income is above target at 311.2%. This is a direct result of a fluctuating market in the rate of return. Future events may affect current rate of return. Utility Operating Income (Wastewater Fund) This amount represents actual collections for October -December and an accrual for January. It is slightly below target at 32.6%. Stormwater Utility Fees (Stormwater Fund) This amount represents actual collections for October -December and an accrual for January. It is right on target at 33.6%. City of Cape Canaveral Statement of Revenues & Expenditures Period Ended January 31,2023 GENERAL FUND FY 2022-2023 JAN 23 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 2,222,000 0.0% 740,667 Cash Forward- R&R 898,500 0.0% 299,500 Ad Valorem Taxes 5,512,589 4,587,728 83.2% 1,837,530 Local Option Gas Tax 361,000 115,283 31.9% 120,333 Franchise Fees 949,066 310,696 32.7% 316,355 Utility Taxes 1,302,226 446,014 34.3% 434,075 Communications Service Tax 422,000 135,312 32.1% 140,667 Permits & Licenses 693,450 162,004 23.4% 231,150 State Grants 75,000 0.0% 25,000 ARPA Revenue 3,937,000 0.0% 1,312,333 State Shared Revenue 1,098,700 344,150 31.3% 366,233 Local Shared Revenue 127,601 0.0% 42,534 Charges for Services 30,818 12,636 41.0% 10,273 Garbage & Recycling Revenue 1,270,215 435,102 34.3% 423,405 Recreation Fees 300,300 78,228 26.1% 100,100 Fines & Forfeitures 12,600 5,004 39.7% 4,200 Interest Income 32,700 101,771 311.2% 10,900 Fire Hydrant Rental Fee 85,637 21,169 24.7% 28,546 Miscellaneous Revenue 40,750 35,788 87.8% 13,583 PAL Program Revenue 12,000 57,870 482.2% 4,000 Transfer from School Guard Crossing Fund 2,050 0.0% 683 Transfer from CRA Fund 814,947 0.0% 271,649 Contribution from Wastewater Fund 720,656 240,219 33.3% 240,219 Contribution from Stormwater Fund 19,566 6,522 33.3% 6,522 Loan Proceeds 250,000 0.0% 83,333 TOTAL REVENUES $ 21,191,371 $ 7,095,495 33.5% $ 7,063,790 EXPENDITURE Legislative 98,573 29,340 29.8% 32,858 Administrative Services 540,548 175,045 32.4% 180,183 Comm Dev/Code Enf/Econ Development 868,177 279,482 32.2% 289,392 Protective Services 3,501,187 1,401,478 40.0% 1,167,062 Fire/Rescue Services 3,008,064 966,357 32.1% 1,002,688 Building 449,605 147,185 32.7% 149,868 Infrastructure Maintenance 1,682,911 355,069 21.1% 560,970 Parks Recreation +Community Affairs 1,657,649 390,293 23.5% 552,550 Legal Services 309,293 52,158 16.9% 103,098 Solid Waste 1,271,215 337,838 26.6% 423,738 Debt Service 1,420,737 - 0.0% 473,579 Non-Departmental 6,080,875 410,419 6.7% 2,026,958 Contingency 302,537 0.0% 100,846 TOTAL EXPENDITURES $ 21,191,371 $ 4,544,665 21.4% $ 7,063,790 Excess of Revenues Over / (Under) Expenditures $ 2,550,829 Page 1 of 6 City of Cape Canaveral Statement of Revenues & Expenditures Period Ended January 31,2023 POLICE EDUCATION FUND FY 2022-2023 JAN 23 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Police Education Income 1,020 459 45.0% 340 Interest Income 75 66 87.7% 25 TOTAL REVENUES $ 1,095 $ 524 47.9% $ 365 EXPENDITURE Education &Training - - Contingency 1,095 0.0% 365 TOTAL EXPENDITURES $ 1,095 $ - 0.0% $ 365 Excess of Revenues Over / (Under) Expenditures $ 524 FIRE PROTECTION FUND FY 2022-2023 JAN 23 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward R&R - - Interest Income 264 169 64.0% 88 TOTAL REVENUES $ 264 $ 169 64.0% $ 88 EXPENDITURE Contingency 264 0.0% 88 TOTAL EXPENDITURES $ 264 $ - 0.0% $ 88 Excess of Revenues Over / (Under) Expenditures $ 169 Page 2 of 6 City of Cape Canaveral Statement of Revenues & Expenditures Period Ended January 31,2023 SCHOOL CROSSING GUARD FUND FY 2022-2023 JAN 23 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 1,200 0.0% 400 Parking Fine Surcharge 900 130 14.4% 300 TOTAL REVENUES $ 2,100 $ 130 6.2% $ 700 EXPENDITURE Transfer to General Fund 2,100 0.0% 700 Contingency - 0.0% - TOTAL EXPENDITURES $ 2,100 $ - 0.0% $ 700 Excess of Revenues Over / (Under) Expenditures $ 130 LIBRARY FUND FY 2022-2023 JAN 23 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Ad Valorem Taxes 70,193 58,477 83.3% 23,398 Ad Valorem Tax Delinquent 50 0.0% 17 Tax Penalty Income 60 4 7.4% 20 Interest Income 7,380 1,843 25.0% 2,460 Interest-Tax Collections 42 5 11.0% 14 TOTAL REVENUES 77,725 $ 60,329 77.6% $ 25,908 EXPENDITURE Operating Expenses 34,275 18,475 53.9% 11,425 Capital Purchases 30,000 9,169 30.6% 10,000 Contingency 13,450 0.0% 4,483 TOTAL EXPENDITURES 77,725 27,645 35.6% $ 25,908 Excess of Revenues Over / (Under) Expenditures $ 32,684 Page 3 of 6 City of Cape Canaveral Statement of Revenues & Expenditures Period Ended January 31,2023 CAPE CANAVERAL COMMUNITY REDEVELOPMENT AGENCY FY 2022-2023 JAN 23 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward Shared Revenue from Cape Canaveral 1,099,809 0.0% 366,603 Shared Revenue from Brevard County 1,099,809 1,058,562 96.2% 366,603 Interest Income 288 323 112.3% 96 Transfer from General Fund 250,000 121,000 48.4% 83,333 TOTAL REVENUES 2,449,906 1,179,885 48.2% $ 816,635 EXPENDITURE Operating Expenses 5,999 1,347 22.4% 2,000 Capital Purchases 1,232,312 153,222 12.4% 410,771 Debt Service 867,270 52,324 6.0% 289,090 Contingency 344,325 0.0% 114,775 TOTAL EXPENDITURES 2,449,906 206,892 8.4% $ 816,635 Excess of Revenues Over / (Under) Expenditures $ 972,993 Page 4 of 6 City of Cape Canaveral Statement of Revenues & Expenditures Period Ended January 31,2023 IMPACT FEES FUND FY 2022-2023 JAN 23 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Impact Fees- Police 19,250 0.0% 6,417 Impact Fees- Fire/Rescue 3,376 0.0% 1,125 Impact Fees-Transportation 0.0% - Impact Fees- Parks/Recreation 22,700 0.0% 7,567 Impact Fees-General Government 15,850 0.0% 5,283 Impact Fees-Aerial Fire Truck 9,520 0.0% 3,173 Impact Fees- Library 12,000 0.0% 4,000 TOTAL REVENUES 82,696 - 0.0% $ 27,565 EXPENDITURE Contingency 82,696 0.0% 27,565 TOTAL EXPENDITURES 82,696 - 0.0% $ 27,565 Excess of Revenues Over / (Under) Expenditures $ - LAW ENFORCEMENT TRUST FUND FY 2022-2023 JAN 23 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 5,229 0.0% 1,743 Contraband Income 1,650 0.0% 550 Interest-State 45 9 20.9% 15 TOTAL REVENUES 6,924 9 0.1% $ 2,308 EXPENDITURE School Resource Officer 6,924 0.0% 2,308 TOTAL EXPENDITURES 6,924 - 0.0% $ 2,308 Excess of Revenues Over/(Under) Expenditures $ 9 Page 5 of 6 City of Cape Canavera Statement of Revenues & Expenditures Period Ended January 31,2023 WASTEWATER ENTERPRISE FUND FY 2022-2023 JAN 23 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 644,500 0.0% 214,833 Utility Operating Income 4,667,300 1,522,402 32.6% 1,555,767 Utility Penalty Income 70,000 16,900 24.1% 23,333 Sewer Assessment Fees 84,000 0.0% 28,000 Reuse Hook-Up Fees 2,925 0.0% 975 Reclaimed Water Revenue 91,650 30,843 33.7% 30,550 Investment Income 2,520 2,344 93.0% 840 Sale of Fixed Assets 2,000 0.0% 667 Transfer from General Fund 2,500,000 19,630 0.8% 833,333 Transfer from CRA Fund 52,324 52,324 100.0% 17,441 SRF Loan Proceeds 1,320,000 190,758 14.5% 440,000 Miscellaneous Income 2,000 5,464 273.2% 667 TOTAL REVENUES 9,439,219 1,840,665 19.5% $ 3,146,406 EXPENDITURE Personal Services 1,913,966 622,055 32.5% 637,989 Operating Expenses 1,597,455 388,023 24.3% 532,485 Debt Service 666,911 182,496 27.4% 222,304 Capital Purchases 4,464,500 280,923 6.3% 1,488,167 Contribution to General Fund 720,656 240,219 33.3% 240,219 Contingency 75,731 0.0% 25,244 TOTAL EXPENSES 9,439,219 1,713,716 18.2% $ 3,146,406 Excess of Revenues Over / (Under) Expenses $ 126,949 STORMWATER ENTERPRISE FUND FY 2022-2023 JAN 23 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 626,500 0.0% 208,833 Stormwater Utility Fees 1,087,800 364,976 33.6% 362,600 Investment Income 1,380 1,514 109.7% 460 Transfer from General Fund 1,175,000 2,614 0.2% 391,667 TOTAL REVENUES $ 2,890,680 $ 369,105 12.8% $ 963,560 EXPENDITURE Personal Services 366,873 120,803 32.9% 122,291 Operating Expenses 271,230 22,877 8.4% 90,410 Capital Purchases 1,501,500 11,219 0.7% 500,500 Contribution to General Fund 19,566 6,522 33.3% 6,522 Contingency 731,511 0.0% 243,837 TOTAL EXPENSES 2,890,680 161,421 5.6% $ 963,560 Excess of Revenues Over / (Under) Expenses $ 207,684 Page 6 of 6 Florida State Treasury- Special Purpose Investment Account (SPIA) & FL SAFE As of January 31,2023 the following funds were invested with the State of Florida Division of Treasury,with a rate of return 1.78% Interest earned for the month: $ 30,152.21 General Fund Restricted (by outside party) Total Restricted $ - Committed (Constrained by Council) Expansion Recreation 44,654.31 Expansion Police 33,807.81 Capital Equipment Renewal&Replacement 769,795.22 Total Committed $ 848,257.34 Assigned -General Fund Emergency Reserve $ 1,495,349.00 Unassigned $ 6,906.98 Total General Fund SPIA Investments: $ 2,350,513.33 Florida Safe General Fund Emergency Reserve-0.06% (average monthly) 1,277,796.15 Florida Safe Note 2021 -0.06% (average monthly) 201,043.76 Florida Safe ARPA Reserve-0.06% (average monthly) 5,262,447.33 $6,741,287.24 Total General Fund Florida Safe Investments: $ 6,741,287.24 Total General Fund Investments: 9,091,800.57 Special Revenue Funds Restricted (by outside party) Police Education Fund 12,620.37 Aerial Fund 32,417.81 School Crossing Guard Fund - Library Fund 168,615.52 Library Fund Restricted 185,249.35 Law Enforcement Trust Fund 1,805.99 Capital Expansion Funds: Fire Rescue Capital Expansion - General Government Capital Expansion Total Restricted $ 400,709.04 Total Special Revenue Fund SPIA Investments: $ 400,709.04 Enterprise Funds Wastewater Fund: Wastewater General-Unrestricted - Wastewater Fund Renewal&Replacement 410,184.86 $ 410,184.86 Stormwater Fund: Stormwater Fund-Unrestricted - Stormwater Fund Renewal&Replacement 341,849.39 $ 341,849.39 Total Enterprise Fund SPIA Investments: $ 752,034.25 TOTAL SPIA & FLSAFE INVESTMENTS $ 10,244,543.86 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • MARCH 21, 2023 AGENDA ITEM SUMMARY • ITEM # 9 Subject: ProChamps Update — receive Report and no action to be taken. Item is presented for informational purposes only and no action will be taken. Department: Community and Economic Development Summary: At its December 21, 2021 Special Meeting, the Council requested that Staff prepare additional updates on the implementation of the ProChamps vacation rental platform. The following is provided: Oct 2021 — Sept Oct Nov Dec Jan Feb Aug 2022 2022 2022 2022 2023 2023 TOTAL 2022 No. of Registered - 185 185 189 201 221 229 229 Properties (Current) Remittance to City $46,850 $3,900 $20,300 $1,250 $10,050 $12,800 - $95,150 Total Vacation - 185 191 211 214 251 303 303 Rental BTRs (Current) Courtesy Notices 296 10 15 0 0 0 0 321 Sent NOV Issued 2 0 0 20 79 11 0 112 Number of Complaints 33 15 3 0 2 0 3 56 Hearings - - 1 - 1 1 0 3 Scheduled Submitting Department Director: David Dickey Attachment: n/a Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo The City Manager recommends the City Council take the following action: Receive Report and no action to be taken. Approved by City Manager: Todd Morley