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HomeMy WebLinkAboutcocc_council_mtg_packet_20230718_6p_regularCAPE CANAVERAL CITY COUNCIL REGULAR MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 AGENDA July 18, 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 by Robert Barto, Florida Manager, East Coast Greenway Alliance Interview Applicant for appointment to the Board of Adjustment. (Lewis G. Brewer) 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. BUDGETARY ITEM I 6:35 p.m. — 6:45 p.m. 1. Resolution No. 2023-13; adopting a Tentative Proposed Millage rate for the levy of Ad Valorem Taxes for Fiscal Year 2023/2024 on all taxable property located within the City of Cape Canaveral, Brevard County, Florida; providing for an effective date. CONSENT AGENDA I 6:45 p.m. — 6:50 p.m. 2. Approve Minutes for the June 20, 2023 Regular Meeting. 3. Resolution No. 2023-10; appointing a Member to the Board of Adjustment of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (Lewis G. Brewer) 4. Resolution No. 2023-14; endorsing the designation of the Cape Canaveral Trail, segments of North Atlantic Avenue, West Central Boulevard, and Ridgewood Avenue, as part of the East Coast Greenway by the East Coast Greenway Alliance; providing a letter of support; providing for the repeal of prior inconsistent resolutions, severability and an effective date. 5. Approve two (2) proposed resilience -based project funding matches, $180,000 General Fund and $170,000 Wastewater Fund in the City's 2023/2024 Fiscal Year budget, for Hazard Mitigation Grant Program Applications for critical energy production and backup systems. Grant revenue to offset both projects will be $131,250 General Fund and $123,750 Wastewater Fund, resulting in net cost to the City not to exceed $95,000. City of Cape Canaveral, Florida City Council Regular Meeting • July 18, 2023 Agenda • Page 2 of 2 6. Authorize the City Manager to execute a Services Agreement with a selected Short-term Rental and Mortgage Foreclosure registration and compliance company. 7. Approve Continuing Services Agreement with Kimley-Horn and Associates, Inc. for the performance of day-to-day and Task Order engineering services on an as needed basis and authorize the City Manager to execute same. ITEMS FOR ACTION I 6:50 p.m. — 7:30 p.m. 8. Advance Capital Improvement Plan item FR-4 to the current fiscal year and approve purchase of a new Pierce Velocity 100ft Ascendant Aerial Tower Truck, in the amount of $432,194. 9. Approve proposal from Jobear Contracting, Inc. in an amount not to exceed $750,000 for the renovation and construction of Veterans Memorial Park and authorize the City Manager to execute the same. 10. Approve City -owned electric vehicle charging station upgrade project proposal, to utilize NovaCHARGE networked NC8000 series charging stations, requiring user payment, and a FY 23/24 budget allocation for the project in the amount of $120,000. 11 Appoint one (1) Council Member to the City's internal Local Roads Committee. ITEMS FOR DISCUSSION 1 7:30 p.m. — 8:30 p.m. 12. Juneteenth Holiday Proposal (Submitted by Mayor Pro Tem Raymond) 13. No Smoking in City Parks and the beach, especially when children are present. (Submitted by Mayor Pro Tem Raymond) 14. Coyote Management Plan in Cape Canaveral (Submitted by Mayor Morrison) 15. Life Safety Discussion on S.R. A1A and the Beach/Ocean (Submitted by Mayor Morrison) 16. Sign Code (Submitted by Mayor Morrison) 17. Discussion on Community Development -Building Dept. -Code Enforcement (Submitted by Mayor Morrison) REPORTS I 8:30 p.m. — 8:40 p.m. INFORMATIONAL I Item presented for informational purposes only; no action to be taken. 18. Monthly Financial Report — May 2023 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 • JULY 18, 2023 AGENDA ITEM SUMMARY • PRESENTATIONS/INTERVIEWS Subject: Presentation by Robert Barto, Florida Manager, East Coast Greenway Alliance Department: Community and Economic Development Summary: The East Coast Greenway (Greenway) is a walking and biking route stretching 3,000 miles from Maine to Florida, connecting our nation's most populated corridor. The Greenway is designed to transform the 15 states and 450 communities it connects through active and healthy lifestyles, sustainable transportation, community engagement, climate resilience, tourism, and more. Leading the development is the nonprofit East Coast Greenway Alliance (Greenway Alliance), working with volunteers, partner organizations, and officials at the local, state, regional, and national levels to continue moving more of the route onto protected paths to connect people to nature and communities via a safe, accessible greenway. Present this evening is Robert Barto, Florida Manager, to speak on the Greenway Alliance's purpose, and the proposed incorporation of the Canaveral Trail into the Greenway, which consists of portions of North Atlantic Avenue, West Central Boulevard, and Ridgewood Avenue. A separate agenda item will be presented to Council later in this Meeting to consider approval of a Resolution and letter supporting the inclusion of the Cape Canaveral Trail in the East Coast Greenway. Submitting Department Director: David Dickey Attachment: East Coast Greenway Alliance Presentation Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: Jenny Coldiron for John DeLeo The City Manager recommends the City Council take the following action: Receive presentation. Approved by City Manager: Todd Morley East Coast East Coast Greenway Connecting People to Place Greenway 3,000-mile biking & walking trail in development from Maine to Florida Create safe, equitable access to an improved quality of life for all Bring people together around open space and community engagement Green way design criteria: greenway.org/design-guide Connecting local and regional trails together. The East Coast Greenway is more than 1/3 complete with more than 1,000 miles of shared -use biking and walking paths, being linked together up and down the coast. East Coast Greenway. Maine to Florida: 3,000 miles 15 states + Washington, DC 450 communities 50 million annual rides, runs + walks EAST COAST GREENWAY ALLIANCE 2022 Year in Review 68+ projects advanced through $200+ million in investments 18 segments designated 62 million people living within 25 miles of the Greenway 4 federal RAISE grants MA, CT, NY & NC 3,000 miles ran by Shan Riggs, the first-known thru-runner of the East Coast Greenway East Coast Greenway. ALLIANCE greenway.org * Tallahassee Jacksonville St. Augustine Daytona Beach Melbourne Miami Key West 578 SPINE ROUTE MILES OFF -ROAD ON -ROAD COMPLEMENTARY ROUTE State of the State: Florida # The East Coast Greenway is about~ 35% done in the state, with 262 protected miles of trail completed and designated to date. # SB 106 - $250 million of dedicated trail funding Jetty Park Drive Park Canaveral Barge Canal George King Blvd Jetty Park Dr N. Atlantic Ave Shorewood Dr Central Blvd Ridgewood Ave Orange Ave Poinsetta Ave A1A Astronaut Blvd Cape Canaveral City of Cape Canaveral Proposed Paths for Greenway Inclusion Three segments • Ridgewood Ave Grant Ave to W Central Blvd • W Central Blvd (Ridgewood Ave to N Atlantic Ave) • N Atlantic Ave (W Central Blvd to George King Blvd) 2.32 miles total • Paved paths Public amenities Access to transit greenway.org Florida -Partnerships FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA GREENWAYS & TRAILS SYSTEM TRAIL TOWN FDOT SUNTRAIL SPACE COAST TPO The Underline St Johns River2Sea Loop ALLIANCE To explore the route, visit: map.greenway.org For more info & to support our work- become a member at: greenway.org Feel free to reach out: Robert Barto FL Manager East Coast Greenway Alliance robert@greenway.org CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • JULY 18, 2023 AGENDA ITEM SUMMARY • PRESENTATIONS/INTERVIEWS Subject: Interview Applicant for appointment to the Board of Adjustment. (Lewis G. Brewer) Department: Community and Economic Development Summary: The Board of Adjustment (BOA) is an advisory board to the City Council and consists of seven members. Currently, there are two vacancies. Mr. Brewer is a resident of Cape Canaveral and meets the minimum qualification requirements for BOA membership. It is proposed that Mr. Brewer be appointed to fill one of the two vacancies. Should the Council approve the appointment, one vacancy will remain. Per City Code of Ordinances Sec. 2-171(c)(5), any person nominated, elected or appointed to serve on a board or committee of the City shall complete interviews with the Board or Committee on which the person is seeking appointment and with the City Council. At its April 27, 2023 Meeting, the BOA interviewed Mr. Brewer and voted to recommend his appointment. Based on the Applicant's interest and willingness to volunteer, it is recommended that Council interview and appoint Mr. Brewer to the BOA. Submitting Department Director: David Dickey Attachments: 1. Board Application (Lewis G. Brewer) 2. BOA Recommendation Memo Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: Jenny Coldiron for John DeLeo The City Manager recommends the City Council take the following action: Interview Applicant (Lewis G. Brewer). Approved by City Manager: Todd Morley Attachment 1 City of Cape Canaveral 100 Polk Avenue Cape Canaveral FL 32920-0326 Phone (321) 868-1220 — Fax (321) 868-1248 APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE Pursuant to Section 2-171, Cape Canaveral Code City Code requires prospective and existing board members to fill out an application. City Code also prohibits a person from serving on a City Board or Committee if that person has been convicted of a felony, unless their civil rights have been restored. Please complete the following in the space provided: GENERAL Applicant Name: Lewis G. Brewer Home Address: 8941 Lake Drive Apt. 306, Cape Canaveral, FL 32920 Phone Number: (321) 543-3936 Occupation: Arbitrator Business Phone: Business Address: Email: LewBrewer46@yahoo.com ELEGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 1. Are you duly registered to vote in Brevard County? ■ Yes ❑ No 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? ■ Yes ❑ No 3. Are you a Business owner? ❑ Yes ■ No a. If yes, please list the name: 4. Have you ever been convicted or found guilty, regardless of adjudication, of a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. ❑ Yes ■ No a. If yes, have your civil rights been restored? ❑ Yes ❑ No 5. Do you presently serve on any other City of Cape Canaveral advisory board or committee? ❑ Yes ■ No a. If yes, please list each: 6. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent to a standard criminal background check before being appointed to a board or committee. Do you voluntarily consent to having a standard background check performed on you by the City of Cape Canaveral? ■ Yes ❑ No Initials: LGB 7. Are you related to a City of Cape Canaveral Council member by blood, adoption, or marriage? ❑ Yes ■ No a. If yes, please provide name(s) of person(s) and relationship to you: City of Cape Canaveral Advisory Board Application Pg. 1 INTEREST/EXPERIENCE 1. Briefly state your interest in serving on a City advisory board or committee: I want to contribute to the community hwere I live through voluntary service. 2. In numerical sequence (1=most interested), please rank the advisory boards on which you wish to serve: a. 1 Board of Adjustment* b. 5 Business and Economic Development Board c. 3 Community Appearance Board d. 4 Culture and Leisure Services Board e. 2 Planning and Zoning Board* * Members of these boards are required to complete and file with the supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board. 3. Briefly state any prior experiences in serving on any governmental board or committee: I represented the Governor of WV on a committee to draft legislation governing public employee grievances. 4. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or committee. I am an attorney licensed in WV (not FL) with 22 years as an Air Force JAG, 7 years as a state ALJ, and 11 years as an arbitrator. STATE REPORTING REQUIREMENTS Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender, and physical disabilities of board and committee members. Please check the appropriate boxes: Race: ❑ African American Gender: ■ Male ❑ Asian American 0 Female ❑ Hispanic American 0 Other ■ Caucasian ❑ Other Disability: ❑ Physically Disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. City of Cape Canaveral Advisory Board Application Pg. 2 PLEASE NOTE: • Appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for three years from date of submission. • If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at (321) 868-1220 ext. 206 or 207. Signature: Lews G. Brown Date: March 15, 2023 Please return to: City of Cape Canaveral Office of the City Clerk P.O. Box 326 Cape Canaveral Florida 32920 OFFICE USE ONLY RECEIVED By Daniel LeFever at 3:26 pm, Mar 15, 2023 Enter Date & Time Received City of Cape Canaveral Advisory Board Application Pg. 3 Attachment 2 Memo Community + Economic Development TO: Cape Canaveral City Council VIA: David Dickey, Community and Economic Development Director DD FROM: Kyle Harris, Senior Planner KH DATE: April 28, 2023 RE: Recommendation to the City Council — Board of Adjustment Applicants (Adler Moldenhauer, Steve Hepp, and Lewis G. Brewer) On April 27, 2023, the Board of Adjustment (BOA) interviewed Adler Moldenhauer, Steve Hepp, and Lewis G. Brewer to fill three of four vacancies on the BOA. The BOA unanimously recommended the Council appoint the three applicants. Based on the interview, BOA recommendation, and their willingness to serve, staff is recommending the Council interview and appoint Messrs. Moldenhauer, Hepp, and Brewer. Please let me know if you have any questions. Thank you. CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • JULY 18, 2023 AGENDA ITEM SUMMARY • ITEM # 1 Subject: Resolution No. 2023-13; adopting a Tentative Proposed Millage rate for the levy of Ad Valorem Taxes for Fiscal Year 2023/2024 on all taxable property located within the City of Cape Canaveral, Brevard County, Florida; providing for an effective date. Department: Financial Services Summary: Adpot a Tentative Proposed Millage rate of 3.5716 miles for Fiscal Year 2023/2024, which a rate above the rolled-back. This rate will require a majority vote of the governing body to comply with maximum mileage calculation allowed under Florida Statue 200-065(5), it include two segments: General Government 3,5284 mills Library Dependent Special District 0.432 mills Per "Truth in Millage Compliance", the highest intended millage rate must be proposed at this meeting and Ad Valorem Tax Rates can be lowered from the initial rate proposed. However, the tax rate cannotbe increased after this meeting. There will be two more meetings concerning the Ad Valorem Tax rate to be implemented for the City's Fiscal Year 2023/2024. They were scheduled on December 6, 2022, by the City Council and then rescheduled on June 20, 2023: 1. September 6, 2023: Tentative Millage rate will be established. (This change in date was due to a conflict with Brevard County Budget Hearing.) 2. September 20, 2023: Final Millage rate will be established. (This change in date was due to conflict with Brevard County Budget Hearing.) Department Director: John DeLeo Attachment: Resolution No. 2023-13 Financial Impact: The Tentative Proposed Millage rate of 3.5716 provides a property tax revenue stream of $6,450,333. These revenues are represented in the Proposed Fiscal Year 2023/2024 Budget at a 95% receipt rate and allow for a balanced budget. Reviewed by Administrative/Financial Services Director: John DeLeo The City Manager recommends the City Council take the following action: Adopt Resolution No. 2023-13. Approved by City Manager: Todd Morley RESOLUTION NO. 2023-13 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ADOPTING A TENTATIVE PROPOSED MILLAGE RATE FOR THE LEVY OF AD VALOREM TAXES FOR FISCAL YEAR 2023/2024 ON ALL TAXABLE PROPERTY LOCATED WITHIN THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City wishes to impose Ad Valorem Taxes based upon an approved millage rate; and WHEREAS, Florida Statute 200.065 expressly provides no millage shall be levied until a resolution or ordinance has been approved by the governing board of the taxing authority and upon preparation of a tentative budget, but prior to adoption thereof, each taxing authority shall compute a tentative proposed millage rate necessary to fund the tentative budget other than the portion of the budget to be funded from sources other than ad valorem taxes, and such tentative proposed millage rate must be provided to the Property Appraiser, along with the date, time, and place for the upcoming public hearings to be conducted by the City of Cape Canaveral to adopt a millage rate and budget for the next fiscal year, so real property owners may be publicly noticed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. The total millage for all City operating purposes is 3.5716 mills on the dollar of taxable value for the 2023/2024 Fiscal Year for the City of Cape Canaveral, Florida. This millage represents an increase of 8.9568 percent above the rolled -back rate of 3.2517 mills. Section 2. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a tentative proposed millage rate of 3.5284 mills for General Government Millage. This millage represents an increase of 8.9531 percent above the rolled -back rate of 3.2125 mills. This tentative proposed Ad Valorem Tax shall be levied upon the 2023 Tax Assessment Roll for Ad Valorem Tax on all taxable property located within the City of Cape Canaveral and is to be used for the City's Fiscal Year beginning October 1, 2023 and ending September 30, 2024. Section 3. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a tentative proposed millage rate of 0.0432 mills for the Library Dependent Special District, as approved in the 1985 referendum election. This millage represents an increase of City of Cape Canaveral, Florida Resolution No. 2023-13 Page 1 9.2593 percent above the rolled -back rate of .0392 mills. This tentative proposed Ad Valorem Tax shall be levied upon the 2023 Tax Assessment Roll for Ad Valorem Tax on all taxable property located within the City of Cape Canaveral and is to be used for the City's Fiscal Year beginning October 1, 2023 and ending September 30, 2024. Section 4. This Resolution shall become effective immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Brevard County, Florida, this 18th day of July, 2023. Mia Goforth, CMC City Clerk Approved as to Form: Anthony A. Garganese, City Attorney Wes Morrison, Mayor ATTEST: For Against Name Kim Davis Mickie Kellum Wes Morrison Angela Raymond Don Willis City of Cape Canaveral Resolution No. 2023-13 Page 2 ITEM # 2 DRAFT CAPE CANAVERAL CITY COUNCIL REGULAR MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 Hybrid Meeting via GoToWebinar Tuesday June 20, 2023 6:00 p.m. MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:00 p.m. Council Member Kellum led the Pledge of Allegiance. ROLL CALL: Council Members Present: Council Member Council Member Mayor Mayor Pro Tem Council Member Mickie Kellum Kim Davis Wes Morrison Angela Raymond Don Willis Others Present: City Manager Todd Morley Assistant City Attorney Kristin Eick City Clerk Mia Goforth Administrative/Financial Services Director John DeLeo Community and Economic Development (C+ED) Director Dave Dickey C+ED Chief Resilience Manager Zachary Eichholz C+ED Senior Planner Kyle Harris HR/Risk Management Director Melinda Huser Parks and Recreation + Community Affairs Director (PRCA) Molly Thomas Public Works Services (PWS) Director June Clark Brevard County Sheriff's Office Commander Byron Keck Brevard County Sheriff's Office Lieutenant Scott Molyneaux APPROVAL OF AGENDA AS WRITTEN OR WITH AMENDMENTS: Council Member Kellum requested and discussion ensued and included Council consensus to amend the Agenda for a discussion about the resignation of the City's Legislative Representative Jason Steele be placed after the Consent Agenda. A motion was made by Council Member Kellum, seconded by Council Member Willis, to add on a Discussion Item regarding the resignation of Jason Steele and hiring a new lobbyist for the City. The motion carried 5-0. A motion was made by Council Member Willis, seconded by Mayor Pro Tem Raymond, to accept the Agenda. The motion carried 5-0. PRESENTATIONS/INTERVIEWS: Presentation promoting the collaborative efforts of the City's Public Works Services Staff and Carib Brewery USA in the development of a state-of-the-art wastewater treatment system within Carib Brewery USA's Cape Canaveral -based brewery: Supply Chain Manager Juan Romero made the Presentation. Discussion ensued regarding contacting TREND Magazine and Florida League of Cities Quality Cities to promote these efforts further. Mayor and Council expressed thanks to the Cape Canaveral Public Works Services Team and Mr. Romero. City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • June 20, 2023 Minutes • Page 2 of 5 PUBLIC PARTICIPATION: Brad Pervell, resident and property owner, thanked the City and Mayor Pro Tem Raymond for prompt action regarding anti-ethnic activity in the City, thanked Parks and Recreation Staff regarding the trash can issue at Cape Canaveral City Park, and suggested the City submit a request for variance to the State regarding regulations related to bathroom location in order to allow the Splash Pad to remain in operation on Sundays. Bob Levine, resident and property owner, discussed various frustrations regarding short-term rentals in the City, and reported a motorhome parked next to his home. Discussion ensued and included addressing the motorhome issue with Code Enforcement and advice to report noise and other complaints to the Brevard County Sheriff's Office and Code Enforcement going forward. David Jones, property owner and short-term rental business owner, discussed struggles with and desire to reduce the City's seven-day minimum stay requirements for short-term rental owners, and issues with the ProChamps Program. Discussion ensued and included Mayor Morrison's offer to meet with Mr. and Mrs. Jones regarding the issue, and how the couple were unaware of the seven-day minimum prior to purchasing properties. CONSENT AGENDA: 1. Approve Minutes for the March 29, 2023 Strategic Planning Retreat and the May 16, 2023 City Council Workshop and Regular Meetings. 2. Resolution No. 2023-07; adopting a Fee Schedule for Pavilion Rentals at Manatee Sanctuary Park and Banana River Park; providing for the repeal of prior inconsistent resolutions, severability and an effective date. 3. Resolution No. 2023-11; adopting a fee schedule for athletic field rentals at Canaveral City Park and Banana River Park; providing for the repeal of prior inconsistent resolution, severability and an effective date. 4. Resolution No. 2023-12; establishing a discount for charitable and social welfare organization and community partners to rent City facilities at the Nancy Hanson Recreation Complex, Canaveral City Park and the City of Cape Canaveral Community Center; providing for the repeal of prior inconsistent resolutions, severability and an effective date. 5. Approve the 2023 City Council Regular and Budget Meeting Schedule, as amended. A motion was made by Council Member Willis, seconded by Mayor Pro Tem Raymond, to approve the Consent Agenda. The motion carried 5-0. Add -on Agenda Item regarding the resignation of Jason Steele and hiring a new lobbyist for the City: City Manager Morley explained the City's Legislative Representative Jason Steele's appointment by Governor DeSantis to fill the Brevard County Commission vacancy left by District 5 Commissioner Kristine Zonka, the City Attorney's advice to terminate the current contract agreement with Mr. Steele and Smith and Associates, and Mr. Steele's satisfactory work for the City. City Attorney Eick advised the Council may terminate the agreement effective immediately. Discussion ensued and included desires to terminate the agreement now and to interview prospective replacements over the next few weeks, Former Florida Senator Mike Haridopolos as a potential candidate for the City and who will be representing the Town of Indialantic through the law firm of Smith and Associates. City Manager Morley discussed the need for Council to choose a representative before the next legislative session next year and suggested a motion to terminate the current agreement and bring back applicants for Council consideration. Discussion City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • June 20, 2023 Minutes • Page 3 of 5 continued regarding the Space Coast League of Cities Advocacy Team visits Tallahassee in September/October, plans for Council to make recommendations for candidates to interview by September. Council reached consensus to provide legislative representative recommendations to City Manager Morley for preliminary meetings by August, and then have candidates ready for interviews at the September Regular City Council Meeting. A motion was made by Council Member Willis, seconded by Council Member Kellum, to terminate the contract with the legislative representative. The motion carried 5-0. PUBLIC HEARINGS: 6. Ordinance No. 05-2023; providing for the granting of a Non -Exclusive Franchise to Fusionsite Florida, LLC d/b/a Freedom Waste Services for small hauler Construction & Demolition Debris collection in roll -off containers under 20 cubic yards in size within the jurisdictional City of Cape Canaveral; outlining franchise duties; imposing requirements under which franchise shall operate; providing for conflicts, severability, and an effective date, second reading: City Attorney Eick read the title into the record. The Public Hearing was opened. There being no comment, the Public Hearing was closed. A motion was made by Council Member Kellum, seconded by Mayor Pro Tem Raymond, to adopt Ordinance No. 05-2023, at second reading. The motion carried 5-0. 7. Ordinance No. 06-2023; providing for the granting of a Non -Exclusive Franchise to Tropical Carting & Recycling, LLC for small hauler Construction & Demolition Debris collection in roll -off containers under 20 cubic yards in size within the jurisdictional City of Cape Canaveral; outlining franchise duties; imposing requirements under which franchise shall operate; providing for conflicts, severability, and an effective date, second reading: City Attorney Eick read the title into the record. The Public Hearing was opened. There being no comment, the Public Hearing was closed. A motion was made by Council Member Davis, seconded by Council Member Willis, to adopt Ordinance No. 06-2023, at second reading. The motion carried 5-0. 8. Ordinance No. 07-2023; amending Section 26-3 of the City Code regarding the Election Qualifying Period requirements for the Office of Mayor and City Council in accordance with Section 2.02(b) of the City Charter; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date, second reading: City Attorney Eick read the title into the record. The Public Hearing was opened. There being no comment, the Public Hearing was closed. A motion was made by Council Member Kellum, seconded by Council Member Willis, to approve Ordinance No. 07-2023, at second reading. The motion carried 5-0. ITEMS FOR ACTION: 9. Approve the City Council Strategic Planning Retreat Final Summary Report dated June 20, 2023 and approve the New Projects Worksheet dated May 16, 2023: City Manager Morley explained the Item. Discussion ensued regarding funding sources mentioned under Civic Hub Phase II. A motion was made by Council Member Davis, seconded by Council Member Willis, to approve the Strategic Planning Retreat Report and the Worksheet, as written. The motion carried 5-0. Mayor Morrison recessed the meeting at 7:24 p.m. The meeting reconvened at 7:33 p.m. City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • June 20, 2023 Minutes • Page 4 of 5 10. Ratify the Composite City Manager Performance Evaluation and discuss/determine how to proceed with the provisions of Section 2, Salary and Evaluation, of the Employment Agreement between the City of Cape Canaveral and City Manager Todd Morley: HR/Risk Management Director Huser explained the Item. Discussion ensued and included computing the percentages for City Manager's salary which currently reflects as a high Director -level rate, last year's across-the-board pay adjustments to employee pay, various suggested percentage -based pay increases for Mr. Morley starting at 6% and up to 13% with an increase from $350.00 to $500.00 for car allowance, comparisons with other municipalities based on similarities to Cape Canaveral regarding location, numbers of employees, populations, admiration for Mr. Morley's management style, whether or not there is a need to maintain a gap between the City Manager pay and employees and a desire for more data for comparison. Ms. Huser discussed how Directors received an 11 percent increase last year that accounted for inflation which Mr. Morley's increase did not, Mr. Morley was offered the job at Cocoa Beach, and expressed the great working atmosphere at the City under Mr. Morley's management, and the need to keep wages competitive in order to avoid Staff turnover. Discussion continued regarding whether or not other municipalities have gone through their City Manager Review Process yet, employee turnover during the previous administration, a suggestion that the previous City Manager was unfairly rewarded, the City Council's remarkable job in compensating all employees last year, and how elected officials must answer to the residents for paying a City Manager of a City that is 1.9 square miles. A motion was made by Mayor Pro Tem Raymond, seconded by Council Member Willis, to ratify the City Manager Evaluation, propose an 11 percent increase in salary, and a $500.00 per month car allowance for Mr. Morley. Discussion ensued regarding the total hourly and dollar amounts for annual salaries of 10, 11 and 13 percent increases plus car allowance, Mr. Morley began as Interim City Manager in 2019, reasons for not supporting the motion on the floor, and clarification of the motion made. The motion carried 3-2, with Council Member Kellum and Mayor Morrison voting against. Council thanked City Manager Morley, and Mr. Morley expressed thanks and stated it is an honor to work for the City. ITEMS FOR DISCUSSION: 11. Discussion Item - status update regarding Cherie Down Park: City Manager Morley explained the Item and a proposed Interlocal Agreement between the City, the Brevard County Board of County Commissioners and Brevard Public Schools, and three principal items required by the County: 1.) Never change the name of the Park, 2.) Maintain as a passive recreation Park, and 3.) Maintain beach renourishment funding eligibility through grant program. Discussion ensued and included opposition to City acquisition of the Park, ongoing operational conditions of the Agreement, pros and cons of acquisition, costs to the City for lifeguards, using volunteers for Park maintenance, the need for paid parking in order to maintain the Park, desire to decline acquisition for now, and for the City to have total control of the Park. City Manager Morley discussed the portion of the property owned by Brevard Public Schools which they lease to the County, how the City would not own the Brevard Public Schools portion of the Park, and intention to forward the latest version of the proposed Interlocal Agreement with Brevard County to the entire Council. Council reached consensus to take everything out of the proposed Interlocal Agreement other than the three Brevard County principal requirements. 12. Cape Canaveral Community Center Splash Pad (Submitted by Council Member Willis): Council Member Willis explained the Item. PRCA Director Thomas discussed the Splash Pad itself does not need to be staffed, the State Health Department's requirement for restrooms to be less than 200 feet from the facility, and opening the C5 which requires staffing the building. City City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • June 20, 2023 Minutes • Page 5 of 5 Manager Morley discussed consideration of Mr. Pervell's idea to go back the State for a variance and possible use of the City Attorney to develop that plan. Discussion ensued and included entrance and measurement methodology related to the Splash Pad and allowing the City Attorney assist the City. Council reached consensus to allow Staff to move forward with the options and keep Council apprised. Discussion continued regarding daily vandalism issues at the Park and State restroom requirements related to the Splash Pad. REPORTS: City Manager Morley discussed Coffee with the City Manager scheduled for Friday, June 23 and thanked the City Council. Mayor Pro Tem Raymond discussed attending the ribbon cutting at Sassy Spoon May 17, Memorial Day celebration at Veterans Park, 30th Anniversary Gala of the Brevard County Chapter of the NAACP June 3 and suggested the City give employees the Juneteenth holiday off, Space Coast League of Cities June 12, Florida Inland Navigation District Board of Commissioners meeting June 16, and Space Coast Transportation Organization annual Open House June 6. Council Member Willis discussed attending Coffee with a Cop June 5, meeting with City Manager Morley and Staff regarding electric vehicle charging stations on June 6, Space Coast Transportation Planning Organization Vision Zero with Arlyn DeBlauw and Alexis Miller June 14, and Florida Inland Navigation District Board of Commissioners meeting June 16. Council Member Davis stated she was glad to be back and thanked Staff for the support. Mayor Morrison discussed he too was glad that everyone is back, desire for the Florida Fish and Wildlife make a presentation regarding coyotes and other wildlife in Cape Canaveral, Hurricane Season preparation and sandbags. City Manager Morley discussed efforts underway to have sandbags ready for deployment when needed with a Manatee Sanctuary Park pick-up point, and volunteers for distribution. Mayor Morrison thanked Staff for the Golf Cart Program Packet for information, discussed attending Florida Inland Navigation District Board of Commissioners meeting June 16, the Space Coast Transportation Planning Organization Connections Meeting, and Cocoa Beach Highschool Graduation Ceremony. ADJOURNMENT: The Meeting was adjourned at 8:37 p.m. Wes Morrison, Mayor Mia Goforth, City Clerk CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • JULY 18, 2023 AGENDA ITEM SUMMARY • ITEM # 3 Subject: Resolution No. 2023-10; appointing a Member to the Board of Adjustment of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (Lewis G. Brewer) Department: City Clerk's Office Summary: On April 27, 2023, the Board of Adjustment (BOA) interviewed Lewis G. Brewer, Steve Hepp, and Adler Moldenhauer to fill three of four vacancies on the BOA. The BOA unanimously recommended the Council appoint the three applicants. Mr. Hepp and Mr. Moldenhauer were appointed to the Board by Council, via Resolution No. 2023-05, at the May 16, 2023 Regular Meeting. Mr. Brewer is scheduled to be in attendance for tonight's Meeting, for interview by Council earlier in the Agenda. Staff has prepared Resolution No. 2023-10, for Council consideration, to appoint Mr. Brewer to the Board. Mr. Brewer will be filling the remainder of an existing, unexpired term that will end October 1, 2025, a term that is a rollover vacancy that has existed for many years. Following the completion of this term, Mr. Brewer shall be eligible for reappointment to the BOA, consistent with the limitations set forth in Section 2-171(f), City Code. It is now incumbent upon Council to appoint a Member to the BOA. Submitting Department Director: Mia Goforth Attachment: Resolution No. 2023-10 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. 2023-10. Approved by City Manager: Todd Morley RESOLUTION NO. 2023-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA; APPOINTING A MEMBER TO THE BOARD OF ADJUSTMENT OF THE CITY OF CAPE CANAVERAL; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code Section 110-26 established a Board known as the Board of Adjustment; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to appoint a member to said Board. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby incorporated herein by this reference as a material part of this Resolution. Section 2. Appointment to City Advisory Board. Pursuant to Section 2-171(e) of the Cape Canaveral City Code, the City Council of the City of Cape Canaveral hereby appoints the following individual to Board of Adjustment: Lewis G. Brewer shall be appointed to an existing, unexpired term, to serve until October 1, 2025. Following completion of this term, this appointee shall be eligible for reappointment, consistent with the limitations set forth in section 2-171(f), City Code. Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 4. 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 5. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 18th day of July, 2023. City of Cape Canaveral Resolution No. 2023-10 Page 1 of 2 Wes Morrison, Mayor Mia Goforth, CMC, City Clerk ATTEST: Name FOR AGAINST Kim Davis Mickie Kellum Wes Morrison Angela Raymond Don Willis 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 No. 2023-10 Page 2 of 2 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • JULY 18, 2023 AGENDA ITEM SUMMARY • ITEM # 4 Subject: Resolution No. 2023-14; endorsing the designation of the Cape Canaveral Trail, segments of North Atlantic Avenue, West Central Boulevard, and Ridgewood Avenue, as part of the East Coast Greenway by the East Coast Greenway Alliance; providing a letter of support; providing for the repeal of prior inconsistent resolutions, severability and an effective date. Department: Community + Economic Development Summary: The City of Cape Canaveral (City) dedicates itself to providing a safe, fun, and accessible sense of place in its community via reliable multi -modal transportation systems. In 2020, City Staff, along with the Space Coast Transportation Planning Organization (SCTPO) began investigating the City's eligibility for certain portions of its roads, sidewalks, and other such pathways to propose for inclusion into the East Coast Greenway (Greenway) (mapped in Exhibit "A" to the Resolution), a 3,000-mile walking and biking route stretching from Maine through Florida. Leading the development of this trail network is the East Coast Greenway Alliance (Greenway Alliance), a non-profit that works with volunteers, partner organizations, and all levels of government officials to continue to connect people to nature and communities via safe, protected paths along the Greenway. Recently, Staff Members from the SCTPO, Greenway Alliance, and City partnered to complete an inspection report of certain segments of the City's roads to propose for inclusion into the Greenway. The inspection report was completed by a member of the SCTPO and details the proposed segments, lengths, features, and amenities along the 2.32-mile-long Cape Canaveral Trail and recommends the trail for inclusion (Attachment 1). To this end, Staff has prepared Resolution No. 2023-14 (Attachment 2) and an accompanying letter of support for City Council's consideration and action (Attachment 3). The sense of community, connectivity, and safe, fun, accessible multi-modalism provided by Greenway designation parallels and supports the City's Mission and Vision Statements as well as the Resilient Cape Canaveral 2021 Action Plan, Preparedness Target #15 (page 54). Additionally, Greenway designations often provide communities with increased eligibility for grant funding, community resource programs, and recognitions for their work and dedication to health -conscious and sustainable quality of life. Submitting Department Director: Dave Dickey Attachments: 1) 2023 Cape Canaveral East Coast Greenway Inspection Report 2) Resolution No. 2023-14 with Exhibit "A" Map of proposed "Cape Canaveral Trail" Greenway Designation 3) Letter of Support Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: Jenny Coldiron for John DeLeo The City Manager recommends the City Council take the following actions: 1. Adopt Resolution No. 2023-14; and 2. Provide a letter of support to the East Coast Greenway Alliance. Approved by City Manager: Todd Morley Attachment 1 East Coast Greenway EAST COAST GREENWAY TRAIL INSPECTION REPORT Name of Nominated Trail: Cape Canaveral Trail State: Florida Inspection was begun at (location): George King Blvd and N. Atlantic Ave Intersection Inspection was ended at (location): Grant Ave and Ridgewood Ave Intersection Total length of trail segment inspected: 2.32 Miles Is this along the East Coast Greenway: Spine Route {Highlighted-Yellow} or Complementary Route Review entire inspection form to assure familiarity with terms and protocols prior to commencing field activities. Inspection directions: 1. Please remember to bring along: inspection form, designation application, map, pen, tape measure, & digital camera {adding to the Code} 2. Inspections should be conducted so as to provide the most accurate and detailed information possible. 3. Please submit Trail Inspection Report to your ECGA state committee chair & ECGA regional staff in electronic form. 4. Please refer to Designation Application to determine the exact "start" and "end" points for trail or trail section being inspected. Please start and end inspection at these points. 5. Please mark a map with any specific trail conditions being noted and/ or any other information specifically requested. If requested, ECGA staff will provide a map for you to use. 6. Photograph typical trail sections and landscapes in addition to any situations being cited as having issues needing to be addressed. Submit photos with completed report. 7. Please submit inspection reports (with map and photos) within three days of completion to the appropriate ECGA staff for processing. For help with anything in this inspection form, please reach out to the relevant ECGA staff: https://wvvvv.greenway.org/about/our-team Page 1 of 5 ECGA Inspector Name: Debbie Flynn Phone:(321) 690-6890 email: debbie.flynn@sctpo.com ECGA Affiliation: Space Coast TPO I have read the designation application for this trail YES { Highlighted-Yellow} NO Inspector's Report: Trail name: City of Cape Canaveral Trail Date(s) of Inspection: June 30, 2023 1. What is trail surface material(s) & estimated percentage of each (for completed phases of this trail only: Trail Surface: Surface asphalt concrete stone dust crushed gravel packed dirt other: Percentage 45% 55% Condition* Good Good *Please rate the trail surface condition as good, fair, or poor 2. *Width of trail: * (Please see question 5 for any qualifying conditions) Length of trail segment inspected: Segment 1 (N. Atlantic Ave from Central Blvd to George King Blvd) — 0.58 miles 8-10 foot wide concrete path on west side and 5 foot wide concrete sidewalk on east side. Segment 2 (Central Blvd from Ridgewood Ave to N. Atlantic Ave) — 0.5 miles 7 foot wide bike lanes and 5 foot wide concrete sidewalks on both sides. Roadway is 25 MPH. Segment 3 (Ridgewood Ave from Grant Ave to Central Blvd) — 1.24 miles 8-10 foot wide asphalt path on west side and 5 foot wide concrete sidewalk on east side. Maps of Segments 1 — 3 are shown below: Page 2 of 5 Jetty Park Drive Canaveral Barge Canal George King Blvd Jetty Park Dr N. Atlantic Ave Shorewood Dr Central Blvd Ridgewood Ave Orange Ave Poinsetta Ave A1A Astronaut Blvd Cape Canaveral Page 3 of 5 Qualifications: 3. Are there any street, business, or residential crossings that present a hazard? yes no {Highlighted-Yellow} There is a midblock crossing to connect the trail to a transit stop on N. Atlantic Ave. It is clearly marked by signage and a decorative style crosswalk. The speed limit is 25 MPH. I do not feel it presents a hazard, but is rather an asset to provide the transit connections. The city has also installed stop signs with flashing lights at the stop signs with crosswalks. This adds increased visibility and safety. 4. Are there any issues with this trail (including at its access points) that would hinder wheelchair use (e.g., grade or steps, lack of curb cuts, trail surface problems, other impediments)? yes no {Highlighted-Yellow) 5. Please indicate if you encountered any of the following issues with the trail during the inspection: inadequate trail width (under 8 feet) design issues (e.g., dangerous turns, excessively steep grades, poor drainage, etc) Page 4 of 5 surface problems (e.g., protruding tree roots, cracked pavement, too soft, etc.) maintenance problems (e.g., encroaching vegetation, litter/ broken glass, etc.) other similar substandard or hazardous conditions Please list: Central Ave has a 5 foot wide sidewalk and 7 foot wide bike lane on both sides of the road. Each facility on its own is under 8 foot, but since it is a 25 MPH road and has a combined width of 11 foot, I feel it should be considered acceptable. The city is looking into installing delineators and painting their bike lane green. 6. Please provide details about any issues indicated above and locate affected trail areas on map: Ocean Woods Blvd Hisbiscus Ct Lantana Ct Bay Ct Oceanside Realty & Management Space-Mann Storage West Central Boulevard E. Central Blvd 2 min 0.5 miles 698-518 East Central Boulevard N. Atlantic Ave Cape Lodge Surf Dr 3 min 0.6 miles Ridgewood Ave Canaveral Breakers Apartments Circle Dr Beach Club Condos Report Summary: Segment recommended for permanent off -road designation: yes {Highlighted- Yellow} no I would recommend the segment for permanent off -road designation. The segment includes wayfinding, solar powered pedestrian lighting, high intensity crossings, access to transit, and with the exception of Central Ave, 8-10 feet of trail. I feel Central Ave should be permitted based on it being a low speed roadway and is providing adequate bicycle and pedestrian facilities. With it being a corridor that was previously built out, I feel this provides a solution for a 0.5 mile section to connect N. Atlantic and Ridgewood. There are also several schools and beach access along the trail. The most exciting feature is a pocket park that has benches, a water fountain, native plants, a transit stop, a decorative bike rack, a bike repair station, little free library, and a little free pantry. I could see it as a much talked about exciting gem along the East Coast Greenway through Central Florida. If Segment not recommended for ECGA designation explain why: N/A Page 5 of 5 Attachment 2 RESOLUTION NO. 2023-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ENDORSING THE DESIGNATION OF THE CAPE CANAVERAL TRAIL, SEGMENTS OF NORTH ATLANTIC AVENUE, WEST CENTRAL BOULEVARD, AND RIDGEWOOD AVENUE, AS PART OF THE EAST COAST GREENWAY BY THE EAST COAST GREENWAY ALLIANCE; PROVIDING A LETTER OF SUPPORT; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the growth, sense of place, and vitality of our community requires safe and reliable multi -modal transportation systems; and WHEREAS, the quality of life and health of City of Cape Canaveral's residents are our utmost priority; and WHEREAS, the City strives to improve and increase community connectivity, both locally and as part of the greater Space Coast area; and WHEREAS, the City's mission and vision is to provide municipal services that promote resilience, safety, and sensible mobility as part of its organization values; and WHEREAS, the 2021 Resilient Cape Canaveral Action Plan Preparedness Target 15 specifically states the intent of the City to "continue to support, maintain and expand appropriate infrastructure along portions of the East Coast Greenway that run through the City along North Atlantic Avenue and State Road A1A;" and WHEREAS, the East Coast Greenway (Greenway) is a walking and biking route stretching 3,000 miles from Maine through Florida, connecting 15 states and 450 communities through active and healthy lifestyles, sustainable transportation, community engagement, climate resilience, tourism, and more along our nation's most populated corridor; and WHEREAS, the mission of the East Coast Greenway Alliance (Greenway Alliance) is to partner with local, state, and national agencies and organizations to promote the establishment, stewardship, and public enjoyment of a safe and accessible multi-user greenway linking cities and towns from Maine to Florida; and WHEREAS, the vision of the Greenway Alliance is to foster healthy, sustainable, and prosperous communities throughout the Eastern Seaboard. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby incorporated herein by this reference as a material part of this Resolution. City of Cape Canaveral Resolution No. 2023-14 Page 1 of 2 Section 2. Endorsement of East Coast Greenway Designation. The City Council hereby endorses the inclusion of the proposed Cape Canaveral Trail, referenced in Exhibit A, as part of the Greenway, via signed letter of support. Section 3. Support of a partnership with East Coast Greenway Alliance. The City Council hereby agrees to partner and work with the Greenway Alliance to install and maintain trail markers at mutually agreeable locations, via signed letter of support. Section 4. Repeal of Prior Inconsistent Resolutions. All prior 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. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 18th day of July, 2023. Wes Morrison, Mayor Mia Goforth, CMC, City Clerk Name FOR AGAINST Kim Davis Mickie Kellum Wes Morrison Angela Raymond Don Willis 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 No. 2023-14 Page 2 of 2 Canaveral Barge Canal Resolution No. 2023-14 Exhibit "A" City of Cape Canaveral Proposed Paths for Greenway Inclusion Three segments • Ridgewood Ave(Grant Ave to W Central Blvd) • W Central Blvd (Ridgewood Ave to N Atlantic Ave) • N Atlantic Ave (W Central Blvd to George King Blvd) 2.32 miles total Paved paths Public amenities Access to transit Attachment 3 CITY OF CAPE CANAVERAL P.O. Box 326 • 100 Polk Avenue • Cape Canaveral, FL 32920-0326 (321) 868-1220 if www.cityofcapecanaveral.org July 18, 2023 Niles Barnes, Deputy Director East Coast Greenway Alliance 5826 Fayetteville Road, Suite 210 Durham, NC 27713 Dear Mr. Barnes, With the support of the City of Cape Canaveral (City) Council, I am pleased to endorse the inclusion of the Cape Canaveral Trail into the East Coast Greenway. The Cape Canaveral Trail is a 2.32-mile-long paved route owned and managed by the City. It is a public, all -season path, reference map in Exhibit A, that runs along Ridgewood Avenue from Grant Avenue to West Central Boulevard, on West Central Boulevard from Ridgewood Avenue to North Atlantic Avenue, and on North Atlantic Avenue from West Central Boulevard to George King Boulevard in Canaveral Port Authority, the busiest cruise port in the world. The trail boasts numerous public accesses to the Atlantic Ocean and its dune system to the immediate east, and nearby parks and amenities along the Banana River Lagoon to the west. The City currently maintains wayfinding, solar -powered sidewalk and street lights, high intensity crossings, a stormwater pocket park complete with native landscaping, a decorative bike rack and repair station, and access to transit along the trail. As the agency responsible for the Cape Canaveral Trail, the City Council enthusiastically supports its designation as part of the Greenway by the East Coast Greenway Alliance and as adopted in our Resiliency Action Plan. The City is prepared to partner with the Greenway Alliance to install and maintain trail markers at mutually agreed upon locations that would be provided by the Greenway Alliance. Cape Canaveral is excited and looking forward to incorporating the East Coast Greenway into our community, as we are dedicated to creating and maintaining safe, fun, and sustainable multi - modal infrastructure in our City as part of a heathy, resilient, and prosperous connected Space Coast community. Sincerely, Wes Morrison, Mayor Cc: City Council Todd Morley, City Manager David Dickey, Community + Economic Development Alexis "Lexi" Miller, Resilience Engineering Services Manager Debbie Flynn, Transportation Planner, Space Coast Transportation Planning Organization CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • JULY 18, 2023 AGENDA ITEM SUMMARY • ITEM # 5 Subject: Approve two (2) proposed resilience -based project funding matches, $180,000 General Fund and $170,000 Wastewater Fund in the City's 2023/2024 Fiscal Year budget, for Hazard Mitigation Grant Program Applications for critical energy production and backup systems. Grant revenue to offset both projects will be $131,250 General Fund and $123,750 Wastewater Fund, resulting in net cost to the City not to exceed $95,000. Department: Community and Economic Development — Resilience Division Summary: The Federal Emergency Management Agency (FEMA) provides funding to state, local, tribal, and territorial governments to develop hazard mitigation plans, and to invest in infrastructure to reduce future disaster losses via the Hazard Mitigation Grant Program (HMGP). The HMGP is an activated partnership following a major disaster declaration, like a hurricane, with a 75%/25% federal/non-federal match requirement for project costs. To receive HMGP funding, a project must first receive support from the local county -level Local Mitigation Strategy (LMS) task force. LMS task forces provide a unified program for counties and its municipalities and critical partner agencies when it comes to identifying potential hazards, vulnerabilities to people and infrastructure, and critical pieces of infrastructure necessary for maintaining health, safety, and welfare of residents before, during, and after a catastrophic event. Additionally, an LMS taskforce develops a prioritized list of pre- and post- hazard mitigation initiatives (projects) eligible for funding via the HMGP. The City of Cape Canaveral is currently an active member on the LMS taskforce in Brevard County, called "Brevard Prepares," which was established in 1998 and operates under Brevard County Emergency Management (EM). At its April 18, 2023 Regular Meeting, City Council approved the allocation of $150,000 for HMGP funding for 4 projects as a result of Hurricane Ian HMGP (DR-4673) funding eligibly. At this time, the Hurricane Nicole (DR-4680) HMGP application period is open to funding requests for eligible long-term hazard mitigation projects and closes on October 20, 2023. Brevard County is estimated to receive $4,956,988.59 through the HMGP cycle. City Staff prepared two (2) separate project proposals for review by the Brevard Prepares taskforce at the June 27, 2023, meeting (Attachments 1 and 2). These grant opportunities are not reflected in the draft FY 23/24 budget, because the program eligibility period began after the draft budget was assembled. The projects are listed below for quick reference: 1. Resilience Operations Vehicle -to -Everything (V2X) Energy Backup Systems (Attachment 1) 2. Brevard County Sheriff's Office Cape Canaveral Precinct Battery -Ready 53-Kilowatt Rooftop Solar Array (Attachment 2) Brevard Prepares unanimously voted to support the two (2) proposed projects for the City's Hurricane Nicole (DR-4680) HMGP application. Each of these projects would provide a level of City of Cape Canaveral City Council Meeting • July 18, 2023 Agenda Item # 5 Page 2 of 2 energy -system redundancy in the form of backup, such as a mobile generator, and store -ready energy production for critical infrastructure and post -disaster operations. City Staff next steps include seeking Council approval for the City's budget to provide the 25% required match for the proposed projects. Staff is also investigating and pursuing eligible grants for the required match. Administratively, the projects are considered separate applications to increase chances of receiving funding for at least one of them, as funding can be awarded on a mutually exclusive basis. Once approved, Staff will continue compiling the required materials for the application and submit by the October 20, 2023, deadline. Submitting Department Director: David Dickey Attachments: 1) Resilience Operations + Utility Vehicle -to -Everything (V2X) Energy Backup Systems Brevard LMS Initiative Form 2) BCSO Cape Canaveral Precinct Building Solar Array Brevard LMS Initiative Form Financial Impact: Up to $95,000 total for two (2) proposed projects of City funds. The City may receive mutually exclusive funding for the projects, i.e., awarded for each project on a case -by -case basis. The $95,000 estimate is higher than the calculated 25% match ($85,000) for the sake of contingency and inflation. Staff is investigating additional eligible grants for each of these projects to reduce costs to the City. Matches must be non-federal in nature. Reviewed by Administrative/Financial Services Director: Jenny Coldiron for John DeLeo The City Manager recommends the City Council take the following action: Approve two (2) proposed resilience -based project funding matches, $180,000 General Fund and $170,000 Wastewater Fund in the City's 2023/2024 Fiscal Year budget, for Hazard Mitigation Grant Program Applications for critical energy production and backup systems. Grant revenue to offset both projects will be $131,250 General Fund and $123,750 Wastewater Fund, resulting in net cost to the City not to exceed $95,000. Approved by City Manager: Todd Morley Attachment 1 Brevard County Local Mitigation Strategy BREVARD PREPARES Building a Disaster Resistant Community (321) 637-6670 www.embrevard.com SCORE 36 Mitigation Initiative Proposal Form Date Submitted: 6/22/2023 Jurisdiction Name: City of Cape Canaveral Agency Submitting Brevard County LMS Steering Committee Initiative (Sponsor): Contact Person: Alexis "Lexi" Miller Email Address: a.millerpcityofcapecanavera.orq Phone Number: I 321-616-4049 Is this initiative new or a revision of an earlier initiative? 0 New ❑ Revision Is the mitigation initiative consistent with the Guiding Principles, Goals, and Objectives of the Brevard County 0 Yes ❑ No Local Mitigation Strategy? Map(s) and/or other attachments? 0 Yes ❑ No Mitigation Initiativ: Resilience Operations + Utility Vehicle-to-Everything Energy Backup Project Title: System Description: The City of Cape Canaveral is a coastal community of approximately 10,000 residents, providing municipal services including wastewater treatment, stormwater management, and all phases of emergency management. The City is currently working to expand the post-disaster response capabilities of its vehicle fleet to be more resilient in the face of hazardous events for level of service continuity and community relief operations. As such, the City would like to acquire two (2) 2023 Ford F- 150 Lightning XLT utility vehicles to serve as vehicle-to-everything (V2X) energy backup sources, complete with charging station and integration system for vehicle-to-building (V2B) capabilities mission critical operations. During response and recovery operations, V2B infrastructure would serve to power the Public Works Services Administrative Building, the approximate 2,000 square-foot communication and operations hub for the City's wastewater treatment facility and infrastructure maintenance team. This building, which is located on the grounds of the City's wastewater treatment plant, currently utilizes the plant's main 500 kW generator in the event of power loss. City staff would like to — when Mitigation Initiative Proposal Form 1 possible — remove this building from the plant's primary backup generator so it can maintain a longer run time during outages. When not operating as a V2B in response and recovery, the vehicles would serve V2X tasks, including as a resident device recharging station, community relief station, debris removal, general transport, and additional community-based efforts. During blue-sky operations, the vehicles would serve as part of the City's electrified fleet, including critical infrastructure maintenance and inspections, emergency preparedness and prevention responsibilities, and other municipal community operations. The City owns available, compatible charging stations for the F-150 Lightning, and is investigating compatibility with building integration systems for V2B operations. Cost to Implement Estimated $165,000 total, includes the Mitigation - two (2) 2023 Ford F-150 Lightning XLT Initiative: - building integration system(s) - charging stations (if need be) Hazard Identification Identify the hazards intended to be addressed by this initiative by checking all applicable boxes below. X Natural Hazards X Technological Hazards X *Societal Hazards ❑x High winds ❑ Bulk Fuel Tank ❑ Pandemic/Epidemic ❑x Storm Surge/ ❑ Radiological Release ❑ Mass Casualty Tsunami El Coastal Erosion ❑ Rail Transportation ❑ Transportation Accidents Incident ❑x Flood ❑ Oil/Hazmat Spill ❑ Civil Disorder/Crime ❑x Tornados ❑x Loss of Comm. Systems ❑ Other Societal Hazard ❑x Thunderstorms/ ❑x Prolonged Utility Failure Lighting ❑ Sea Level Rise ❑ Terrorism ❑x Drought ❑ Other Tech. Hazard Click here to enter text. ❑ Severe Winter Storms ❑x Extreme Heat ❑ Wildfire ❑ Ag. Infestation/ Disease Other Natural Hazard ❑ Click here to enter text. Mitigation Initiative Proposal Form 2 Funding Source Select the most appropriate category of funding for the proposal from the list below. ❑ General Fund ❑ Flood Mitigation ❑ Residential Construction Assistance Grant Mitigation Program ❑ Pre-Disaster ❑x Hazard Mitigation Grant ❑ 406 PA Mitigation Mitigation Grant Program ❑ State Homeland ❑ Community Development ❑ Other type of funding Security Program Block Grant click here to enter text. This section to be completed by Steering Committee Chairperson or designee Has this mitigation initiative been approved by the Steering ❑ Yes ❑ No Committee? If yes, date accepted: Steering Committee Priority Ranking Score Notes: Mitigation Initiative Proposal Form 3 Attachment 2 Brevard County Local Mitigation Strategy BREVARD PREPARES Building a Disaster Resistant Community SCORE 28 Mitigation Initiative Proposal Form Date Submitted: 6/22/2023 Jurisdiction Name: City of Cape Canaveral Agency Submitting Brevard County LMS Steering Committee Initiative (Sponsor): Contact Person: Alexis "Lexi" Miller Email Address: a.miller@cityofcapecanavera.org Phone Number: Il 321-616-4049 Is this initiative new or a revision of an earlier initiative? X New ❑ Revision Is the mitigation initiative consistent with the Guiding Principles, Goals, and Objectives of the Brevard County X Yes ❑ No Local Mitigation Strategy? Map(s) and/or other attachments? X Yes ❑ No Mitigation Initiative Project Title: BCSO Cape Canaveral Precinct Battery-Ready Solar Array Description: The City of Cape Canaveral (City) partners with the Brevard County Sheriff's Office (BCSO) to serve, protect, and provide resources to the community. BCSO plays a key role in the phases of emergency management, including critical communications and post-disaster safety operations such a traffic control, obstruction inspection and removal, law enforcement, and community welfare checks. The building that the BCSO operates out of is City-owned, and in an effort to increase resilience in the face of disasters, the City is budgeting for a 128-panel, 45 kW AC battery-ready solar array to be installed on the 11,250 square-foot building. Using a phased approach, the City would then pursue installation of an integrated energy-storage system to feed off of the solar array and serve to maintain the building's operations in the event of power failure. The building is also equipped with a 100-kW generator for loss of power that would work in tandem with the rooftop solar array and future energy storage system for efficient power generation, distribution, and long-term storage. Cost to Implement the Mitigation Estimated $175,000, including contingency Initiative: Mitigation Initiative Proposal Form 1 Hazard Identification Identify the hazards intended to be addressed by this initiative by checking all applicable boxes below. X Natural Hazards X Technological Hazards X *Societal Hazards ❑x High winds ❑ Bulk Fuel Tank ❑ Pandemic/Epidemic ❑x Storm Surge/ ❑ Radiological Release ❑ Mass Casualty Tsunami El Coastal Erosion ❑ Rail Transportation ❑ Transportation Accidents Incident ❑x Flood ❑ Oil/Hazmat Spill ❑ Civil Disorder/Crime ❑x Tornados ❑x Loss of Comm. Systems ❑ Other Societal Hazard Click here to enter text. ❑x Thunderstorms/ ❑x Prolonged Utility Failure ❑ Sea Level Rise ❑ Terrorism ❑ Drought ❑ Other Tech. Hazard Click here to enter text. ❑ Severe Winter Storms ■ ■ ❑x Extreme Heat ■ ■ ❑ Wildfire ■ ■ ❑ Ag. lnfestation/ Disease Other Natural Hazard ■r ❑ Click here to enter text. Funding Source Select the most appropriate category of funding for the proposal from the list below. ❑x General Fund ❑ Flood Mitigation ❑ Residential Construction Assistance Grant Mitigation Program ❑ Pre-Disaster ❑x Hazard Mitigation Grant ❑ 406 PA Mitigation Mitigation Grant Program ❑ State Homeland ❑ Community Development ❑ Other type of funding Security Program Block Grant Click here to enter text. This section to be completed by Steering Committee Chairperson or designee Has this mitigation initiative been approved by the Steering ❑ Yes ❑ No Committee? If yes, date accepted: Steering Committee Priority Ranking Score Notes: Mitigation Initiative Proposal Form 2 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • JULY 18, 2023 AGENDA ITEM SUMMARY • ITEM # 6 Subject: Authorize the City Manager to execute a Services Agreement with a selected Short-term Rental and Mortgage Foreclosure registration and compliance company. Department: Community and Economic Development Summary: In correspondence dated June 27, 2023 (Attached), the City Attorney terminated two contracts with Property Rights Registration Champions, LLC (ProChamps), dated August 2, 2021 (Vacation Rental Contract) and May 10, 2017 (Mortgage Foreclosure Contract). In his letter, the City Attorney finds that "Due to the recent ongoing interruption of services required to be provided by the Company to the City..." and "the City has been unable to connect with any representatives of the Company to restore services." Furthermore, "This disruption in services caused by the Company's lack of performance is unacceptable to the City and has caused significant hardship on the City's business operations." This situation caused Staff to immediately identify three (3) potential local government short-term rental (STR) and foreclosure registration and compliance service providers. Staff interviewed the companies, including a demo on each of their respective platforms. The companies include: 1 - GovOS; 2 - Deckard; and, 3 — Granicus. The interviews were conducted virtually via Microsoft Teams the week of June 26, 2023. During the interviews, Code requirements, as contained in Sec. 110-486 (Vacation Rentals) and Article V of Sec. 82 (Registration and Maintenance of Properties in Foreclosure), as well as lessons learned over the past 18 months with the previous service provider, were stressed. These priority areas include: • User friendliness of the platform for registration of properties • User friendliness of the platform for complaint hot line • Robust reporting capabilities • Whether the Company uses 3rd party contractors in any of its processes • Open System Architecture (user definable checklists) • Client Approval Step • Number of and frequency of STR platform scraping • Vacant/Foreclosed Property Registration capability Staff is in the process of collecting additional data to complete its analysis. A matrix, using the above criteria, will be prepared and each company will be scored and ranked. Scores will range between 1 and 5 (lowest to highest). However, all of the pertinent information will not be available prior to agenda distribution for the July 18, 2023 Regular Meeting. STR registration and compliance monitoring are in abeyance until a contract with the selected company is signed and the data is populated on its platform. This does not harm existing Registrants. Furthermore, City Codes relating to STR's will continue to be enforced, including: • Seven consecutive day minimum rental period • Occupancy limits • Noise • Parking City of Cape Canaveral City Council Meeting • July 18, 2023 Agenda Item # 6 Page 2 of 2 Preliminary discussions with the three companies indicate that their financial models will offset any front-end and/or annual operational costs incurred by the City. In order to expedite the process, it is proposed that Council authorize the City Manager to negotiate and execute a services agreement for STR and foreclosure registration with the selected company. The fully executed agreement will be provided to the Council at a subsequent Regular Meeting. Submitting Department Director: David Dickey Attachment: Termination Letter — June 27, 2023 Financial Impact: Staff time and effort to prepare this agenda item; registration revenues will offset enforcement costs by an undetermined amount. Reviewed by Administrative/Financial Services Director: Jenny Coldiron for John DeLeo The City Manager recommends the City Council take the following action: Authorize the City Manager to execute a Services Agreement with a selected Short-term Rental and Mortgage Foreclosure registration and compliance company. Approved by City Manager: Todd Morley GARGANESE, WEISS D'AGRESTA & SALZMAN, P.A. Attorneys at Law 111 N. Orange Ave., Suite 2000 P.O. Box 2873 Orlando, Florida 32802-2873 Phone (407) 425-9566 Fax (407) 425-9596 Anthony A. Garganese Board Certified City, Council & Local Government agargenese@orlandolaw.net June 27, 2023 Property Registration Champions, LLC. Attn: Manager 6300 North Wickham Road, Suite 130-172 Melbourne, Florida 32940 Post Prochamps Acquisition, LLC Attn: Manager 747 Third Avenue 19th Floor New York, NY 10017 Corporate Service Company Attn: Registered Agent for Property Registration Champions, LLC. 1201 Hays Street Tallahassee, Florida 32301 Re: City of Cape Canaveral — Contracts with Property Registration Champions, LLC. To Whom It May Concern: The undersigned represents the City of Cape Canaveral as its City Attorney. The City of Cape Canaveral, Florida previously entered into two contracts with Property Registration Champions, LLC (hereinafter "Company"), dated August 2, 2021 (Vacation Rental Contract) and May 10, 2017, as amended by Amendment No. 1, dated May 9, 2021, and Amendment No. 2, dated May 19, 2021 (Mortgage Foreclosure Contract). Due to the recent ongoing interruption of services required to be provided by the Company to the City under the aforementioned Agreements, the City has been attempting to contact the Company to resolve the disruption. However, for the past couple of weeks, the City has been unable to connect with any representative of the Company to restore services. Upon information and belief, the City now believes that the Company may have ceased operations without any notification to the City. This disruption in services caused by the Company's lack of performance is unacceptable to the City and has caused significant hardship on the City's business operations. Ft. Lauderdale (954) 670-1979 • Kissimmee (321) 402-0144 • Cocoa (866) 425-9566 Website: www.orlandolaw.net • Email: firm@orlandolaw.net City of Cape Canaveral/ Property Registration Champions, LLC 6/27/2023 Page 2 Therefore, in accordance with Section 5 of the Mortgage Foreclosure Contract and Section 5 of the Vacation Rental Contract, the City is exercising its right to immediately terminate both contracts. The Company shall also immediately cease all work performed and forward any Registration Fees owed to the City. In addition, Section 5 of both Contracts requires any reports, records, documents, forms, and other data and documents prepared by the Company, whether finished or unfinished, shall be delivered to the City Manager, Todd Morley, within seven (7) business days of termination. Additionally, because all of this information related to the City of Cape Canaveral is a public record, Section 9 of both Contracts imposes a duty on the Company, in furtherance of Section 119.0701, Florida Statutes, to provide upon termination of the contract all Cape Canaveral public records in its possession to City at no cost to the City. Accordingly, in accordance with Florida law and the terms and conditions of the Mortgage Foreclosure Contract and the Vacation Rental Contract, all public records in the Company's possession related to the City of Cape Canaveral including, but not limited to, any reports, records, documents, forms, and other data and documents prepared by the Company regarding the Mortgage Foreclosure Contract and Vacation Rental Contract shall be forwarded by the Company to Mr. Morley. Failure to timely provide the public records to the City may subject the Company to contractual and/or statutory penalties. For your convenience, Mr. Morley's contact information is 100 Polk Avenue, Cape Canaveral, Florida 32920; 321-868-1220 x218, and at t.morley@cityofcapecanaveral.org. PLEASE GOVERN YOURSELF ACCORDINGLY. Sincerely, (Signature) Anthony A. Garganese City Attorney of Cape Canaveral Cc: Todd Morley, City Manager CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • JULY 18, 2023 AGENDA ITEM SUMMARY • ITEM # 7 Subject: Approve Continuing Services Agreement with Kimley-Horn and Associates, Inc. for the performance of day-to-day and Task Order engineering services on an as needed basis and authorize the City Manager to execute same. Department: City Manager's Office Summary: In accordance with the requirements of the Consultants Competitive Negotiations Act (CCNA), the City advertised for qualified civil engineers/firms to submit Statement of Qualifications (SOQs) for the position of City Engineer. Upon review of the four submittals by City Staff, Kimley- Horn & Associates, Inc. (KHA) was selected as the most qualified firm for the position. Staff's ranking of the firms was approved by the City Council at the February 21, 2023 Council Meeting and Staff began the next step, negotiation of a rate structure. Description of Services: Price and contract negotiations for a Continuing Services Agreement were conducted by the City Manager and City Attorney for KHA to provide day-to-day engineering services on an as needed basis. These engineering services may be requested by the City verbally or via e-mail and fall within the scope of services as set forth in Exhibit "A" of the Continuing Services Agreement (attached). Task Orders will not be required for such services and the work will be performed at a blended hourly rate of $215 per hour. In addition to the day-to-day engineering services, KHA may also be requested to perform engineering services on a Task Order basis. In this case, City Staff will communicate verbally or in writing a general description of the task to be performed. The City Engineer will then develop a detailed scope of work document, prepare a schedule, and add a Not -to -Exceed -Budget or Lump Sum Fee with a detailed breakdown based on the hourly rate schedule as shown in Exhibit "B" of the Continuing Services Agreement. The City will review the Task Proposal and, if deemed in the City's best interests, the parties will enter into a written Task Order. The City will then issue a Notice - to -Proceed in the form of a letter and an executed Purchase Order. Contract Term. This Continuing Services Agreement shall terminate on the fifth anniversary of the Effective Date and may be extended by mutual agreement. Either party may terminate this Continuing Services Agreement at any time upon fifteen (15) days advance written notice. Submitted by City Manager: Todd Morley Attachment: Continuing Services Agreement Financial Impact: Hourly rates per contract; 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: Approve Continuing Services Agreement with Kimley-Horn and Associates, Inc. for the performance of day- to-day and Task Order engineering services on an as needed basis and authorize the City Manager to execute same. Approved by City Manager: Todd Morley Draft: 7.10.23 {Highlighted-Yellow} CONTINUING SERVICES AGREEMENT City Engineer Services THIS CONTINUING SERVICES AGREEMENT ("Agreement") is made and entered into this day of 2023, by and between the City of Cape Canaveral, a Florida municipal corporation ("City"), located at 100 Polk Avenue, Cape Canaveral, Florida 32920, and Kimley-Horn and Associates, Inc., a North Carolina corporation authorized to do business in Florida ("Engineer"), whose principal address is 421 Fayetteville Street, Suite 600, Raleigh, NC 27601. WITNESSETH: WHEREAS, City desires to retain the services of a City Engineer for day-to-day engineering needs as more specifically described herein and also obtain additional engineering, design, and permitting services from time to time on an as -needed, task - oriented basis; and WHEREAS, the City has followed the selection and negotiation process set forth in the Florida's Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes for RFQ #2022-01; and WHEREAS, Engineer participated in the selection and negotiation process; and WHEREAS, Engineer is willing to provide such engineering services to the City under the terms and conditions stated herein. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties covenant and agree as follows: 1.0 TERM AND DEFINITIONS 1.1 Unless sooner terminated by either Party pursuant to the terms and conditions herein, this Agreement shall terminate on the fifth (5th) anniversary of the Effective Date. The Parties shall have the option to extend the term by mutual agreement. Any such extension shall only be by written amendment to this Agreement executed by Continuing Engineering Services Agreement City of Cape Canaveral / Kimley Horn 1 both parties hereto. 1.2 The terms and conditions of any Task Order, as described in Section 2.0 hereof, shall be as set forth in such Task Order. Any Task in effect at the termination of this Agreement shall remain in effect until completion of said Task Order, and all of the terms and conditions of this Agreement shall survive until completion of all Task Orders. 1.3 Definitions. The following words and phrases used in this Agreement shall have the following meaning ascribed to them unless the context clearly indicates otherwise: a. "Agreement" or "Contract" shall be used interchangeably and shall refer to this Continuing Services Agreement, as may be amended from time to time, which shall constitute authorization for the Engineer to provide the engineering services approved by Task Order by the City and is also sometimes referred to herein to include all Task Orders approved hereunder. b. "Effective Date" shall be the date on which the last signatory hereto shall execute this Agreement, and it shall be the date on which this Agreement shall go into effect. The Agreement shall not go into effect until said date. c. "Engineer" shall mean Kimley Horn, a North Carolina corporation, and its principals, employees, resident project representatives (and assistants). d. "Public Record" shall have the meaning given in Chapter 119, Florida Statutes. e. "Reimbursable Expenses" shall mean the actual expenses incurred by Engineer or Engineer's independent professional associates and consultants which the City agrees to reimburse by Task Order. f. "Work" or "Services" shall be used interchangeably and shall include the performance of the work agreed to by the parties under Section 2.1 of this Agreement and in a Task Order. g. "Task Order" shall mean a written document approved by the parties pursuant to the procedure outlined in Section 2.0 of this Agreement, and any Continuing Engineering Services Agreement City of Cape Canaveral / Kimley Horn 2 amendments thereto approved pursuant to the procedures outlined in Section 3.0 herein, which sets forth the additional Work to be performed by Engineer under this Agreement, and shall include, without the necessity of a cross-reference, the terms and conditions of this Agreement. 1.4 Engagement. The City hereby engages the Engineer and Engineer agrees to perform the Services outlined in this agreement for the stated fee arrangement. No prior or present representations shall be binding upon any of the parties hereto unless incorporated in this Agreement. 2.0 DESCRIPTION OF SERVICES 2.1 Engineer shall serve as the City Engineer and provide on a day-to-day such engineering services that may be requested by the City and fall within scope of services set forth in Exhibit "A." Requests for such services may be made by the City verbally or by email. No further Task Order is required to perform the services under Exhibit "A." These services shall be based on an hourly rate of $215 per hour for work performed by either a Principal, Project Manager, Project Manager, Engineer, Analyst, or CAD designer inclusive of all administrative overhead including, but not limited to, administrative, technician and clerical assistance, offsite or home office overhead, phone and internet charges, copying, and travel to and from Cape Canaveral to attend site visits and meetings. Invoicing will be completed on a monthly basis and the monthly invoice will specifically identify the hours expended and cost per task of each service provided. 2.2 In addition to the day-to-day City Engineer services required by Section 2.1, the City may request of Engineer to perform additional engineering services on a "task" basis. The City will communicate with Engineer, verbally or in writing, a general description of the task to be performed. If a site visit by the Engineer is needed to generate a Scope of Work document, the Engineer shall request approval prior to visiting the site. The Engineer will generate a detailed Scope of Work document, prepare a Schedule, add a Not -to -Exceed -Budget or Lump Sum Fee to accomplish the task with a detailed cost breakdown based on the hourly rate schedule attached hereto as Exhibit "B", and send the thus developed "Task Proposal" to the City. The detailed cost breakdown of the lump sum fee or not -to -exceed budget shall consist of a list of major sub -tasks and a man-hour breakdown for all work to be performed. The cost breakdown shall include all sub - consultant work and the Task Proposal shall include the written price proposals from all sub -consultants. The detailed cost breakdown shall include a line item for Reimbursable Continuing Engineering Services Agreement City of Cape Canaveral / Kimley Horn 3 Expenses and the list of the expenses proposed to be eligible for reimbursement. The City reserves the right, at its discretion, to consider the Task Proposal as part of a formal or informal competitive bid process before approving or disapproving any Task Proposal. The City will review the Task Proposal, along with any other task proposals submitted to the City by other contractors, and if the description cost and other details of the Task Proposal are deemed by the City to be in the City's best interests, the parties will enter into a written "Task Order". The Scope of Services generally to be provided by the Engineer through a Task Order may include any engineering services for any City project and may contain written terms and conditions which are deemed supplemental to this Agreement. The City will issue a notice to proceed to the Engineer in the form of a letter and an executed City purchase order. Upon receipt of the signed Task Order and the written notice to proceed from the City, the Engineer shall perform the services set forth in the Task Order. 2.3 The City reserves the right, at its discretion, to perform any services related to this Agreement or to retain the services of other engineering companies to provide professional engineering services. Further, the City does not guarantee that any Work will be assigned to Engineer under this Agreement. The City reserves the right to assign or contract for professional services with any party at its sole discretion. No provision of this Agreement shall be construed to require the City to assign any Work or task to Engineer under this Agreement. 2.4 The maximum hourly rates and certain direct charges or unit prices, as applicable, that can be charged under this Agreement by Engineer, unless otherwise agreed by the City in writing, are set forth in Section 2.1 of this Agreement and Exhibit "B" and fully incorporated herein by this reference. 2.5 No task in which the Engineer is to provide professional services to the City for a project with an estimated construction cost exceeding the threshold in section 287.055, Florida Statutes, shall be the subject of a Task Order under this Agreement. 3.0 CHANGES IN THE SCOPE OF WORK 3.1 City may make changes in the Services at any time by giving written notice to Engineer. If such changes increase (additional services) or decrease or eliminate any Continuing Engineering Services Agreement City of Cape Canaveral / Kimley Horn 4 amount of Work, City and Engineer will negotiate any change in total cost or schedule modifications. If the City and the Engineer approve any change, any applicable Task Order will be modified in writing to reflect the changes; and Engineer shall be compensated for said services in accordance with the terms of Section 5.0 herein. All change orders shall be authorized in writing by City's City Manager and Engineer's designated representative. 3.2 All of City's said Task Orders and amendments thereto shall be performed in strict accordance with the terms of this Agreement insofar as they are applicable. 4.0 SCHEDULE 4.1 Engineer shall perform services in conformance with the mutually agreed schedule set forth in a written communication for work performed under Section 2.1 or a negotiated Task Order as applicable. Engineer shall complete all of said services in a timely manner and will keep City apprised of the status of work on at least a monthly basis or as otherwise reasonably requested by the City. Should Engineer fall behind the agreed upon schedule, it shall employ such resources so as to comply with the agreed -upon schedule. 4.2 No extension for completion of services shall be granted to Engineer without City's prior written consent, except as provided in Sections 3.1 and 19.1 herein. 4.3 Any cost caused by defective or ill-timed services shall be borne by the party responsible therefore. 5.0 METHODS OF PAYMENT FOR SERVICES AND EXPENSES OF ENGINEER 5.1 General Services. For Services performed under Section 2.1 and any additional Services performed by Engineer's principals, employees, and resident project representatives (and assistants) under a Task Order pursuant to paragraphs 2.0 and 3.0, the City agrees to pay the Engineer an amount equal to that agreed upon by the parties under Section 2.1 or an applicable Task Order. However, payment terms must be consistent with the terms and conditions in this Agreement. To the extent that the payment terms in any Task Order conflict with the payment terms set forth in this Agreement, the conflicting provisions of this Agreement shall prevail. 5.2 Additional Services Performed by Professional Associates and Consultants. For additional Services and Reimbursable Expenses of independent Continuing Engineering Services Agreement City of Cape Canaveral / Kimley Horn 5 professional associates and consultants employed by Engineer to render additional Services under a Task Order pursuant to paragraphs 2.0 and 3.0, the City agrees to pay the Engineer an amount equal to that billed Engineer by the independent professional associates and consultants. Prior to payment by the City, the Engineer shall submit to the City a copy of any written invoice received by Engineer from all independent professional associates and consultants which clearly evidences the amount billed by the independent professional associates and consultants for additional Services and any Reimbursable Expenses. 5.3 Witness Services. For witness or expert services rendered by qualified Engineer's principals, employees, resident project representatives (and assistants), and independent professional associates and consultants on behalf of the City in any litigation, arbitration, or other legal or interested administrative proceeding in which the City is a named interested party, City agrees to pay the Engineer or independent professional associate or consultant, which is used as a witness or expert, an amount equal to that agreed upon by the party for a particular Task Order. However, any testimony provided by Engineer's principals, employees, resident project representatives (and assistants) at City board meetings shall be considered part of the scope of Services required under Section 2.1 and shall be billed at the rate set forth in Section 2.1 unless otherwise agreed to by the parties in writing. 5.4 Florida Prompt Payment Act. Payment shall be due and payable as provided by the Florida Prompt Payment Act, Section 218.70 et. seq., Florida Statutes. 5.5 Miscellaneous. Under no circumstances shall actual or direct costs under this Agreement include costs associated with inefficiency, offsite or home office overhead, loss of productivity, consequential damages, legal or consulting costs, or costs associated with delays caused in whole or in part by the Engineer. 5.6 Errors and Deficiencies. Engineer shall not invoice the City or seek any compensation from the City to correct or revise any errors or deficiencies in Engineer's services provided under this Agreement. 5.7 Payment Offsets. To the extent that Engineer owes the City any money under this or any other Agreement with the City, the City shall have the right to withhold payment and otherwise back charge the Engineer for any money owed to the City by Engineer. Continuing Engineering Services Agreement City of Cape Canaveral / Kimley Horn 6 5.8 Payment not Waiver. The City's payment of any invoice under this Agreement shall not be construed or operate as a waiver of any rights under this Agreement or any cause of action arising out of the performance of this Agreement and Engineer shall remain liable to the City in accordance with applicable law for all damages to the City caused by Engineer's negligent performance of any services provided under this Agreement. 5.9 Delay Remedy. The risk of any monetary damages caused by delays in Engineer performing the Services under this Agreement and any Task Order are accepted and assumed entirely by the Engineer, and in no event shall any claim relating thereto for an increase in compensation be made or recognized. Engineer shall not make any claim nor seek any damages of any kind against the City for any delays, impacts, disruption or interruption caused by any delay. Engineer's remedy for a delay shall be an equitable extension of time to perform the Services for each day of such delay that impacts the critical path of the schedule established under this Agreement or specific Task Order. 5.10 Acceptance of Payment. Acceptance of final payment by the Engineer for a specific Task Order shall constitute a release of all claims for payment which the Engineer may have against the City for that Task Order unless such claims are specifically reserved in writing and transmitted to the City by the Engineer prior to its acceptance. Said final payment shall not, however, be a bar to any claims that the City may have against the Engineer or to any remedies the City may pursue with respect to such claims. 5.11 Payment Adjustments. It is agreed that payment by the City of any billing will not constitute agreement as to the appropriateness of any item and that at the time of any final audit, all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the Engineer, the Engineer agrees to refund such overpayment to the City within ninety (90) days of notice of any such overpayment. Such refund shall not constitute a waiver by the Engineer for any claims relating to the validity of a finding by the City of overpayment. 5.12 Partial Payments. Payment made to the Engineer shall not constitute acceptance of the work or any portion thereof which is not in accordance with this Agreement. If the City objects to all or any portion of any invoice, it shall notify the Engineer of the same within five (5) days from the date of receipt and shall pay that portion of the invoice not in dispute. The parties shall immediately make every effort to Continuing Engineering Services Agreement City of Cape Canaveral / Kimley Horn 7 settle the disputed portion. 6.0 RIGHT TO INSPECTION 6.1 City or its affiliates shall at all times have the right to review or observe the Services performed by Engineer. 6.2 No inspection, review, or observation shall relieve Engineer of its responsibility under this Agreement. 7.0 PROGRESS MEETING 7.1 For Services rendered under Section 2.1, City's designated Project Manager may hold periodic progress meetings as deemed necessary to meet the City's day-to-day demands. Engineer shall be compensated at the hourly rate stated in Section 2.1. With respect to Task Orders, City's designated Project Manager may hold periodic progress meetings on a monthly basis, or more frequently if required by the City, during the term of any Task Order entered into under this Agreement. Engineer's Project Manager and all other appropriate personnel shall attend such meetings as designated by City's Project Manager. Engineer shall be compensated on an hourly basis per the Engineer's then - current hourly rates set forth in the Task Order. 8.0 SAFETY 8.1 Engineer shall be solely and absolutely responsible and assume all liability for the safety and supervision of its principals, employees, resident project representatives (and assistants) while performing Services provided hereunder. 9.0 REASONABLE ACCESS 9.1 During the term of this Agreement, City shall grant Engineer reasonable access to the City's premises, records, and files for purposes of fulfilling its obligations under this Agreement. 10.0 INSURANCE Continuing Engineering Services Agreement City of Cape Canaveral / Kimley Horn 8 10.1 Liability Amounts. During the term of this Agreement, Engineer shall be responsible for providing the types of insurance and limits of liability as set forth below. a. Professional Liability. Proof of professional liability insurance shall be provided to the City for the minimum amount of $3,000,000.00 per occurrence or claim and in the aggregate with a deductible not greater than $50,000.00. For professional liability insurance written on a "claims -made" basis, the Engineer shall maintain and provide evidence to the City of "tail" coverage that extends coverage for an additional five years following completion of all Work rendered under this Agreement and Task Orders. b. General Liability. The Engineer shall maintain comprehensive general liability insurance in the minimum amount of $1,000,000.00 as the combined single limit for each occurrence, with a deductible no greater than $5,000.00, unless a higher deductible is pre -approved by the City Manager, to protect the Engineer from claims of property damages and personal injury which may arise from any Services performed under this Agreement, whether such Services are performed by the Engineer or by anyone directly employed by or contracting with the Engineer. c. Automobile Liability. The Engineer shall maintain comprehensive automobile liability insurance in the minimum amount of $1,000,000.00 per occurrence combined single limit for bodily injury, including wrongful death, and property damage, which may arise from the ownership, use, or maintenance of owned and non -owned automobiles, including rented automobiles whether such operations be by the Engineer or by anyone directly or indirectly employed by the Engineer. d. Worker's Compensation. The Engineer shall maintain, during the life of this Agreement, adequate Workers' Compensation Insurance and Employers' Liability Insurance in at least such amounts as are required by law for all of its employees performing Work for the City pursuant to this Agreement. 10.2 Special Requirements. Current, valid insurance policies meeting the requirements herein identified shall be maintained during the term of this Agreement. Renewal certificates shall be sent to the City thirty (30) days prior to any expiration date. There shall also be a thirty (30) day advance written notification to the City in the event of cancellation or modification of any stipulated insurance coverage. The City shall be an additional named insured on stipulated insurance policies included in article I0.I.b and I0.I.c herein, as its interest may appear, from time to time. Continuing Engineering Services Agreement City of Cape Canaveral / Kimley Horn 9 10.3 The insurance required by this Agreement shall include the liability and coverage provided herein, or as required by law, whichever requirements afford greater coverage. All of the policies of insurance so required to be purchased and maintained shall contain a provision or endorsement that the coverage afforded will not be canceled, or renewal refused until at least thirty (30) days' prior written notice has been given to the City, and the Engineer by certified mail, return receipt requested. All such insurance shall remain in effect until final payment. In the event that the Engineer shall fail to comply with the foregoing requirement, the City is authorized, but in no event shall be obligated, to purchase such insurance, and the City may bill the Engineer. The Engineer shall immediately forward funds to the City in full payment for said insurance. It is expressly agreed that neither the provision of the insurance referred to in this Agreement nor the City's acceptance of the terms, conditions or amounts of any insurance policy shall be deemed a warranty or representation as to adequacy of such coverage. All insurance coverage shall be with insurer(s) rated as A+ by Best's Rating Guide (or equivalent rating and rating service as reasonably determined by the City Manager) and licensed by the State of Florida to engage in the business of writing of insurance or provided through the London Market for Professional Liability Insurance. The Engineer shall cause its insurance carriers, prior to the effective date of this agreement to furnish insurance certificates specifying the types and amounts of coverage in effect pursuant hereto, the expiration dates of such policies, and a statement that no insurance under such policies will be canceled without thirty (30) days' prior written notice to the City in compliance with other provisions of this Agreement. Further copies of all relevant policies will be provided to the City within thirty (30) days of the effective date of this agreement. If the City has any objection to the coverage afforded by or other provision of the insurance required to be purchased and maintained by the Engineer in accordance with this Article on the basis of its not complying with the Agreement, the City shall notify the Engineer in writing thereof within thirty (30) days of the date of delivery of such certificates to the City. For all Work performed pursuant to this Agreement, the Engineer shall continuously maintain such insurance in the amounts, type, and quality as required by the Agreement. 10.4 Independent Associates and Consultants. All independent associates and consultants employed by Engineer to perform any Services hereunder shall fully comply with the insurance provisions contained in this paragraph. 11.0 COMPLIANCE WITH LAWS AND REGULATIONS Continuing Engineering Services Agreement City of Cape Canaveral / Kimley Horn 10 11.1 Engineer shall comply with all requirements of published, applicable federal, state, and local laws, rules, regulations, standards, and/or ordinances applicable to the performance of Services under this Agreement. 12.0 REPRESENTATIONS 12.1 Engineer represents that the Services provided hereunder shall conform to all requirements of this Agreement and any Task Order, shall be consistent with recognized and sound engineering practices and procedures; and shall conform to the customary standards of care, skill, and diligence appropriate to the nature of the Services rendered by professional engineers or consultants performing the same or similar services in the same locality at the time the services are provided. Engineer shall perform as expeditiously as is consistent with professional skill and care and the orderly progress of the Services performed hereunder. Engineer's services shall be consistent with the time periods established under this Agreement or the applicable Task Order. Engineer shall provide City with a written schedule for services performed under each Task Order and such schedule shall provide for ample time for the City to review, for the performance of consultants (if any), and for the approval of submissions by authorities having jurisdiction over the services. The Engineer's designated representative shall have the authority to act on Engineer's behalf with respect to the Services. In addition, Engineer's representative shall render decisions in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Services. Except with the City's knowledge and consent, the Engineer shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Engineer's professional judgment with respect to the Services. The Engineer shall review laws, codes, and regulations applicable to Engineer's Services. The Engineer's services and design shall comply with all applicable requirements imposed by all public authorities at the time the Services are rendered. The Engineer represents that it is familiar with, and accepts that it will perform the Services hereunder in a manner that complies with all applicable requirements of law, codes, and regulations in effect as of the date of the Task Orders or date that the Services are rendered. Engineer shall be responsible for the professional quality, technical accuracy and the coordination of all plans, studies, reports and other services furnished to the City under this Agreement. Unless this Agreement is terminated by the City, or terminated by Engineer for nonpayment of any proper invoices, or the City exercises its rights to perform the Services pursuant to Section 2.3 herein, Engineer shall be responsible for the satisfactory and complete execution of the Services described in this Agreement and any Task Order. The Engineer represents that it will Continuing Engineering Services Agreement City of Cape Canaveral / Kimley Horn 11 carefully examine the scope of services required by the City in any Task Order, that it will investigate the essential requirements of the services required by the Task Order, and that it will have sufficient personnel, equipment, and material at its disposal to complete the services set forth in the Task Order in a good professional and workmanlike manner in conformance with the requirements of this Agreement. 12.2 Engineer represents that all principals, employees, and other personnel furnishing such Services shall be qualified and competent to perform the Services assigned to them and that such guidance given by and the recommendations and performance of such personnel shall reflect their best professional knowledge and judgment. 13.0 GUARANTEE AGAINST INFRINGEMENT 13.1 Engineer guarantees that all Services performed under this Agreement shall be free from claims of patent, copyright, and trademark infringement. Notwithstanding any other provision of this Agreement, Engineer shall indemnify, hold harmless, and defend City, its officers, directors, employees, agents, assigns, and servants from and against any and all liability, including expenses, legal or otherwise, for actual or alleged infringement of any patent, copyright, or trademark resulting from the use of any goods, Services, or other item provided under this Agreement. Notwithstanding the foregoing, Engineer may elect to provide non -infringing services. 14.0 DOCUMENTS 14.1 Public Records. Pursuant to Section 119.0701, Florida Statutes and other applicable public records laws, Engineer agrees that any records, documents, transactions, writings, papers, letters, computerized information and programs, maps, books, audio or video tapes, films, photographs, data processing software, writings or other material(s), regardless of the physical form, characteristics, or means of transmission, of Engineer related, directly or indirectly, to the services provided to the City under this Agreement and made or received pursuant to law or ordinance or in connection with the transaction of official business by the City, may be deemed to be a public record, whether in the possession or control of the City or the Engineer. Said records, documents, transactions, writings, papers, letters, computerized information and programs, maps, books, audio or video tapes, films, photographs, data processing software, writings or other material(s), Continuing Engineering Services Agreement City of Cape Canaveral / Kimley Horn 12 regardless of the physical form, characteristics, or means of transmission of Engineer are subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without the specific written approval of the City's designated custodian of public records. IF THE ENGINEER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE ENGINEER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, THE CITY CLERK, AT (321) 868-1220 x207, cityclerk@cityofcapecanaveral.org, City Clerk's Office, 100 Polk Avenue, Cape Canaveral, FL 32920. Engineer is required to and agrees to comply with public records laws. Engineer shall keep and maintain all public records required by the City to perform the services as agreed to herein. Engineer shall provide the City, upon request from the City Clerk, copies of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by law. Engineer shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term. Upon completion of the Agreement, Engineer shall transfer to the City, at no cost, all public records in possession of the Engineer, provided the transfer is requested in writing by the City Clerk. Upon such transfer, Engineer shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. However, if the City Clerk does not request that the public records be transferred, the Engineer shall continue to keep and maintain the public records upon completion of the Agreement and shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City Clerk, in a format that is compatible with the information technology systems of the City. Should the City not possess public records relating to this Agreement which are requested to be inspected or copied by the City or any other person, the City shall immediately notify Engineer of the request and the Engineer shall then provide such records to the City or allow the records to be inspected or copied within a reasonable time. If the Engineer does not comply with a public records request, the City may enforce this Section to the extent permitted by law. Engineer acknowledges that if the Engineer does not provide the public records to the City within a reasonable time, the Engineer may be subject to penalties under Section 119.10, Florida Statutes. The Engineer acknowledges that if a civil action is filed against the Engineer to compel production of public records relating to this Agreement, the court may assess and award against Engineer the reasonable costs of enforcement, including reasonable attorney fees. All Continuing Engineering Services Agreement City of Cape Canaveral / Kimley Horn 13 public records in connection with this Agreement shall, at any and all reasonable times during the normal business hours of the Engineer, be open and freely exhibited to the City for the purpose of examination, audit, or otherwise. Failure by Engineer to grant such public access and comply with public records laws and/or requests shall be grounds for immediate unilateral cancellation of this Agreement by the City upon delivery of a written notice of cancellation. If the Engineer fails to comply with this Section, and the City must enforce this Section, or the City suffers a third -party award of attorney's fees and/or damages for violating Chapter 119, Florida Statutes, due to Engineer's failure to comply with this Section, the City shall collect from Engineer prevailing party attorney's fees and costs, and any damages incurred by the City, for enforcing this Section against Engineer. And, if applicable, the City shall also be entitled to reimbursement of all attorneys' fees and damages which the City had to pay a third party because of the Engineer's failure to comply with this Section. The terms and conditions set forth in this Section shall survive the termination of this Agreement. a. Reuse of Documents. All documents, including but not limited to, drawings, specifications, and data, or programs stored electronically or otherwise, prepared by the Engineer and its independent contractors and associates pursuant to this Agreement or related exclusively to the Services described herein shall be owned by the City and may be reused by the City for any reason or purpose at any time. However, the City agrees that the aforesaid documents are not intended or represented to be suitable for reuse by the City or others on any undertaking other than the Work outlined in this Agreement. Any reuse for an undertaking other than for the Work without verification or adaptation by the Engineer, or its independent contractors and associates, if necessary, to specific purposes intended will be at the City's sole risk and without liability or legal exposure to the Engineer. b. Ownership of Documents. The City and the Engineer agree that upon payment of fees due to the Engineer by the City for a particular design, report, inventory list, compilation, drawing, specification, model, recommendation, schedule or otherwise, said design, report, inventory list, compilation, drawing, specification, technical data, recommendation, model, schedule and other instrument produced by the Engineer in the performance of this Agreement, or any Work hereunder, shall be the sole property of the City, and the City is vested with all rights therein. The Engineer waives all rights of copyright in said design, report, inventory list, compilation, drawing, specification, technical data, recommendation, model, schedule and other instrument produced by the Continuing Engineering Services Agreement City of Cape Canaveral / Kimley Horn 14 Engineer in the performance of this Agreement, and hereby assigns and conveys the same to the City whether in the possession or control of the Engineer or not. c. Preexisting Ownership Rights to Documents. Notwithstanding any provisions to the contrary contained in this Agreement, Engineer shall retain sole ownership to its preexisting information not produced and paid for by the City under this Agreement including, but not limited to computer programs, software, standard details, figures, templates and specifications. 15.0 ASSIGNMENT 15.1 Engineer shall not assign or subcontract this Agreement, any Task Order hereunder, or any rights or any monies due or to become due hereunder without the prior, written consent of City. Any subcontractors employed by Engineer for any Work required under this Agreement shall require prior written approval from the City, unless previously approved in the Task Order. Any attempt to assign or subcontract the responsibilities and payments under this Agreement without the express prior written consent of the City shall be grounds for termination of the Agreement. 15.2 If, upon receiving written approval from City, any part of this Agreement is subcontracted by Engineer, Engineer shall be fully responsible to City for all acts and/or omissions performed by the subcontractor as if no subcontract had been made. 15.3 If City determines that any subcontractor is not performing in accordance with this Agreement, City shall so notify Engineer, which shall take immediate steps to remedy the situation. 15.4 If any part of this Agreement is subcontracted by Engineer, prior to the commencement of any Work by the subcontractor, Engineer shall require the subcontractor to provide City and its affiliates with insurance coverage as set forth by the City. 16.0 INDEPENDENT CONTRACTOR 16.1 At all times during the term of this Agreement, Engineer and any approved subcontractors shall be considered an independent contractor and not an employee of the City. Continuing Engineering Services Agreement City of Cape Canaveral / Kimley Horn 15 17.0 DEFAULT BY ENGINEER AND CITY'S REMEDIES 17.1 In addition to the City's right to terminate this Agreement for convenience under Section 18.0 of this Agreement, the City also reserves the right to revoke and terminate this Agreement for a default and to rescind all rights and privileges associated with this Agreement, without penalty, based on a default including, but not limited to, any of the following circumstances, each of which shall represent a default and breach of this Agreement: a. Engineer defaults in the performance of any material covenant or condition of this Agreement and does not cure such other default within thirty (30) calendar days after written notice from the City specifying the default complained of, unless, however, the nature of the default is such that it cannot, in the exercise of reasonable diligence, be remedied within thirty (30) calendar days, in which case the Engineer shall have such time as is reasonably necessary to remedy the default, provided the Engineer promptly takes and diligently pursues such actions as are necessary therefor; or b. Engineer is adjudicated bankrupt or makes any assignment for the benefit of creditors or Engineer becomes insolvent, or is unable or unwilling to pay its debts; or c. Engineer has acted grossly negligent, as defined by general and applicable law, in performing the Services hereunder; or d. Engineer has committed any act of fraud upon the City; or e. Engineer has made a material misrepresentation of fact to the City while performing its obligations under this Agreement; or f. Engineer has assigned this Agreement or any Task Order without the City's prior written consent. 17.2 Notwithstanding the aforementioned, in the event of a default by Engineer, the City shall have the right to exercise any other remedy the City may have by operation of law, without limitation, and without any further demand or notice. Continuing Engineering Services Agreement City of Cape Canaveral / Kimley Horn 16 17.3 In the event of such termination upon default and breach of this Agreement, any completed services performed by the Engineer under this Agreement shall, at the option of the City, become the City's property and the Engineer shall be entitled to receive equitable compensation for any work completed up to the date of termination. The Engineer, however, shall not be relieved of liability to the City for damages sustained by the City by reason of any breach of the Agreement, and the City may withhold any payments to the Engineer for the purpose of setoff until such time as the amount of damages due to the City from the Engineer can be determined. 18.0 TERMINATION 18.1 Notwithstanding any other provision of this Agreement, City may, upon written notice to Engineer, terminate this Agreement, without penalty, if: (a) Engineer is in default pursuant to Section 17.0, Default; (b) the Engineer makes a general assignment for the benefit of its credits; (c) Engineer fails to comply with any condition or provision of this Agreement; or (d) Engineer is experiencing a labor dispute which threatens to have a substantial, adverse impact upon performance of this Agreement, without prejudice to any other right or remedy City may have under this Agreement. 18.2 In addition, either party may terminate for convenience without penalty at any time upon fifteen (15) days advance written notice. 18.3 In the event of termination, City shall be liable only for the payment of all unpaid charges, determined in accordance with the provisions of this Agreement, for Work properly performed prior to the effective date of termination. 19.0 FORCE MAJEURE 19.1 Any delay or failure of either party in the performance of its required obligations hereunder shall be excused if and to the extent caused by acts of God; fire; flood; windstorm; explosion; riot; war; sabotage; strikes (with the exception of Engineer's labor force); extraordinary breakdown of or damage to City's affiliates' generating plants, their equipment, or facilities; court injunction or order; federal and/or state law or regulation; or order by any regulatory agency, provided that prompt notice of such delay and the causes thereof is given by such party to the other and each of the parties hereunto shall be diligent in attempting to remove such cause or causes. The party affected by Continuing Engineering Services Agreement City of Cape Canaveral / Kimley Horn 17 Force Majeure shall make reasonable efforts to reduce the consequences of the Force Majeure and resume the performance of all relevant obligations as soon as possible after the termination of Force Majeure. However, such party shall continue to perform other obligations under this Agreement which have not been affected by such force majeure. If any circumstance of Force Majeure remains in effect for 60 days, either party may terminate this Agreement. 20.0 GOVERNING LAW & VENUE 20.1 This Agreement is made and shall be interpreted, construed, governed, and enforced in accordance with the laws of the State of Florida. Venue for any state action or litigation shall be Brevard County, Florida. Venue for any federal action or litigation shall be Orlando, Florida. 21.0 HEADINGS 21.1 Paragraph headings are for the convenience of the parties only and are not to be construed as part of this Agreement. 22.0 SEVERABILITY 22.1 In the event any portion or part of thereof this Agreement is deemed invalid, against public policy, void, or otherwise unenforceable by a court of law, the parties shall negotiate an equitable adjustment in the affected provision of this Agreement. The validity and enforceability of the remaining parts of this Agreement shall otherwise by fully enforceable. 23.0 WAIVER AND ELECTION OF REMEDIES 23.1 Waiver by either party of any term, condition or provision of this Agreement shall not be considered a waiver of that term, condition, or provision in the future. 23.2 No waiver, consent, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of each party hereto. 24.0 THIRD PARTY RIGHTS Continuing Engineering Services Agreement City of Cape Canaveral / Kimley Horn 18 24.1 Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than City and Engineer. 25.0 PROHIBITION AGAINST CONTINGENT FEES 25.1 Engineer warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Engineer, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the Engineer, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the City shall have the right to terminate the agreement without liability and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 26.0 ENTIRE AGREEMENT 26.1 This Agreement, including any Task Orders and Schedules, Attachments, Appendix's and Exhibits attached hereto, constitute the entire agreement between City and Engineer with respect to the Services specified and all previous representations relative thereto, either written or oral, are hereby annulled and superseded. 27.0 NO JOINT VENTURE 27.1 Nothing herein shall be deemed to create a joint venture or principal -agent relationship between the parties and neither party is authorized to, nor shall either party act toward third persons or the public in any manner which would indicate any such relationship with the other. 28.0 ATTORNEY'S FEES 28.1 Should any litigation arise concerning this Agreement between the parties, the parties agree to bear their own costs and attorney's fees, whether at settlement, trial or on appeal. 29.0 COUNTERPARTS Continuing Engineering Services Agreement City of Cape Canaveral / Kimley Horn 19 29.1 This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be considered an original agreement; but such counterparts shall together constitute but one and the same instrument. 30.0 DRAFTING 30.1 City and Engineer each represent that they have both shared equally in drafting this Agreement and no party shall be favored or disfavored regarding the interpretation of this Agreement in the event of a dispute between the parties. 31.0 NOTICE 31.1 Any notices required to be given by the terms of this Agreement shall be delivered by hand or mailed, postage prepaid to: For Engineer: Kimley Horn and Associates, Inc. Attention: For City: City of Cape Canaveral Attention: City Manager 100 Polk Avenue Cape Canaveral, FL 32920 (321) 868-1220 x208 Phone 31.2 Either party may change the notice address by providing the other party written notice of the change. 31.3 Any Notice given as provided herein shall be deemed received as follows: if delivered by personal service, on the date so delivered; if delivered to an overnight courier Continuing Engineering Services Agreement City of Cape Canaveral / Kimley Horn 20 service, on the business day immediately following delivery to such service; and if mailed, on the third business day after mailing. 32.0 SOVEREIGN IMMUNITY 32.1 The City intends to avail itself of the benefits of Section 768.28, Florida Statutes and any other statutes and common law governing sovereign immunity to the fullest extent possible. Neither this provision nor any other provision of this Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability under state or federal law. Engineer agrees that City shall not be liable under this Agreement for punitive damages or interest for the period before judgment. Further, City shall not be liable for any claim or judgment, or portion thereof, to any one person for over two hundred thousand dollars ($200,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds three hundred thousand dollars ($300,000.00). Nothing in this Agreement is intended to inure to the benefit of any third party for the purpose of allowing any claim which would otherwise be barred under the doctrine of sovereign immunity or by operation of law. This paragraph shall survive termination of this Agreement. 33.0 CORPORATE REPRESENTATIONS BY ENGINEER 33.1 Engineer hereby represents and warrants to the City the following: a. Engineer is duly registered and licensed to do business in the State of Florida and is in good standing under the laws of Florida, and is duly qualified and authorized to carry on the functions and operations set forth in this Agreement. b. The undersigned representative of Engineer has the power, authority, and legal right to execute and deliver this Agreement on behalf of Engineer. 34.0 INDEMNIFICATION AND LIMITATION OF LIABILITY 34.1 The Engineer shall, indemnify and hold the City, its elected officials, officers, employees, and volunteers harmless from any and all claims, injuries, liabilities, damages, Continuing Engineering Services Agreement City of Cape Canaveral / Kimley Horn 21 losses, costs or suits, including attorney fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Engineer and other persons employed or utilized by the Engineer in the performance of this Agreement, including any Task Order. The Engineer specifically assumes potential liability for actions brought by the Engineer's own employees against the City and, solely for the purpose of this indemnification, the Engineer specifically waives its entitlement, if any, to immunity under Section 440.11, Florida Statutes. This waiver has been specifically and mutually negotiated by the parties. 34.2 The indemnity provisions set forth in Paragraphs 34.1 shall survive termination of this Agreement. 34.3 For other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Engineer expresses its willingness to enter into this Agreement with the knowledge that the Engineer's recovery from the City to any action or claim arising from the Agreement is limited to a maximum amount of the sum of any Agreement amount that is owed by the City for services actually performed by the Engineer to the City's complete satisfaction, and in no case shall exceed the amount provided in article 32.1 herein. Nothing contained in this paragraph or elsewhere in this Agreement is in any way intended either to be a waiver of the limitation placed upon the City's liability as set forth in Section 768.28 Florida Statutes, or to extend the City's liability beyond the limits established in said Section 768.28 Florida Statutes; and no claim or award against the City shall include attorney's fees, investigative costs, expert fees, suit costs or pre judgment interest. 34.4 PURSUANT TO SECTION 558.0035, FLORIDA STATUTES, AN INDIVIDUAL EMPLOYEE OR AGENT OF THE ENGINEER MAY NOT BE HELD INDIVIDUALLY LIABLE FOR ECONOMIC DAMAGES RESULTING FROM NEGLIGENCE UNDER THIS AGREEMENT IF THE CONDITIONS OF SECTION 558.0035 ARE SATISFIED. 35.0 ENGINEER'S PERSONNEL AT CONSTRUCTION SITE 35.1 The presence or duties of Engineer's personnel at a construction site, whether as onsite representatives or otherwise, do not make Engineer or Engineer's personnel in any way responsible for those duties that belong to City and/or the Continuing Engineering Services Agreement City of Cape Canaveral / Kimley Horn 22 construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the applicable construction contract documents and any health or safety precautions required by such construction work. Engineer and Engineer's personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions and have no duty for inspecting, noting, observing, correcting, or reporting on health or safety deficiencies of the construction contractor(s) or other entity or any other persons at the site except Engineer's own personnel. 35.2 The presence of Engineer's personnel at a construction site is for the purpose of providing to City a greater degree of confidence that the completed work will conform generally to the applicable contract documents and that the integrity of the design concept as reflected in the contract documents has been implemented and preserved by the construction contractor(s). Engineer neither guarantees the performance of the construction contractor(s) nor assumes responsibility for construction contractor's failure to perform work in accordance with the contract documents. For this Agreement only, construction sites include places of manufacture for materials incorporated into the construction work, and construction contractors include manufacturers of materials incorporated into the construction work. 36.0 RECORD DRAWINGS 36.1 Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the project was finally constructed. Engineer is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. 37.0 ADDITIONAL ASSURANCES 37.1 The Engineer for itself and its Sub -consultants, if any, certifies that: a. No principal (which includes officers, directors, or executive) or individual holding a professional license and performing work under this Agreement is presently Continuing Engineering Services Agreement City of Cape Canaveral / Kimley Horn 23 debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in any architecture, landscape architecture, engineering, or surveying activity by any Federal, State, or local governmental commission, department, corporation, subdivision, or agency; b. No principal (which includes officers, directors, or executive) or individual holding a professional license and performing work under this Agreement, employee, or agent has employed or otherwise provided compensation to, any employee or officer of the City; c. No principal (which includes officers, directors, or executive) or individual holding a professional license and performing work under this Agreement, employee, or agent has willfully offered an employee or officer of the City any pecuniary or other benefit with the intent to influence the employee or officer's official action or judgment; and d. The undersigned is authorized to execute this Agreement on behalf of the Engineer and said signature shall bind the Engineer to this Agreement. No further action is required by the Engineer to enter into this Agreement other than Engineer's undersigned representative's execution of the Agreement. 38.0 E-VERIFY. 38.1 Pursuant to section 448.095, Florida Statutes, beginning January 1, 2021, any City contractors shall register with and use the U.S. Department of Homeland Security's E- Verify system, https://e-verify.uscis.gov/emp, to verify the work authorization status of all employees hired on and after January 1, 2021. Engineer must provide evidence of compliance with section 448.095, Florida Statutes. Evidence shall consist of an affidavit from the Engineer stating all employees hired on and after January 1, 2021 have had their work authorization status verified through the E-Verify system and a copy of their proof of registration in the E-Verify system. Failure to comply with this provision will be a material breach of the contract, and shall result in the immediate termination of the contract without penalty to the City. The Engineer shall be liable for all costs incurred by the City securing a replacement contract, including but not limited to, any increased costs for the same services, any costs due to delay, and rebidding costs, if applicable. If the Engineer utilizes Subcontractors the following shall apply: Continuing Engineering Services Agreement City of Cape Canaveral / Kimley Horn 24 a. Engineer shall also require all subcontractors performing work under the Agreement to use the E-Verify system for any employees they may hire during the term of the Agreement. b. Engineer shall obtain from all such subcontractors an affidavit stating the subcontractor does not employ, contract with, or subcontract with an unauthorized alien, as defined in section 448.095, Florida Statutes. c. Engineer shall provide a copy of all subcontractor affidavits to the City upon receipt and shall maintain a copy for the duration of the Agreement. IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed by their duly authorized representatives as of the date first written above. CITY: ENGINEER: CITY OF CAPE CANAVERAL KIMLEY-HORN AND ASSOCIATES, INC. By: By: Print Name/Title: Print Name/Title: ATTEST: By: Mia Goforth, City Clerk Continuing Engineering Services Agreement City of Cape Canaveral / Kimley Horn 25 EXHIBIT A City Engineer Day -to -Day Services Scope of Services Required under Section 2.1 Kimley-Horn will serve as the City Engineer to perform day-to-day services required by the City under Section 2.1 of the Agreement that are described below. Kimley-Horn will provide qualified staff on an hourly basis to assist the City as needed, either in person or virtually. Staff will be allocated and directed by a senior Kimley-Horn engineer to meet the needs of the City for each task assigned. The City's primary point of contact for these services will remain constant to provide the City with a single point of contact for anything they need related to the scope of services. Typical tasks will include, but may not be limited to, the list below: • Perform the following work primarily with the Community and Economic Development Department: o Develop City Code updates o Advise Staff on engineering related issues including as may be explicitly required of the City Engineer by the City Code o Plan and development permit application reviews to ensure compliance with City, State and Federal Codes/Laws, Rules and/or Regulations (site plan applications, multi -family, mixed -use, industrial and commercial) o Site inspections to ensure compliance with City, State and Federal Codes/Laws, Rules and/or Regulations (site plan applications, multi -family, mixed -use, industrial and commercial) o Related written correspondence to City staff • Perform the following work primarily with the Capital Projects Department: o Prepare project cost estimates for small projects o Provide special reports on small projects • Other work, as needed: o Coordinate with other consultants/contractors including but not limited to field surveys, project testing, project implementation o Minor conceptual design, plans review and professional services for projects such as roadways, drainage, structural, civil/site planning, surveying, wastewater, stormwater drainage, sewer, development permit review, comprehensive planning, Community Redevelopment Agency (CRA), land Continuing Engineering Services Agreement City of Cape Canaveral / Kimley Horn 26 use and zoning, zoning overlay districts, environmental, permitting, construction management and general project management o Communicate with City staff o Attend meetings with boards, public and staff o Support grant and regulatory permitting activities Kimley-Horn shall review development plans for compliance with City Codes and Regulations, but shall not assume responsibility for the content and accuracy of the plans, which shall remain the sole responsibility of the Engineer of Record. As a representative for the City, Kimley-Horn shall provide reviews to the City and coordinate directly with third parties, such as developers, permitees and property owners submitting on a project, only as directed by the City. Services Not Provided The services not provided under this Scope of Service include tasks such as large infrastructure projects, formal preliminary and final design work, or specialty disciplines. Basis of Compensation Compensation to the Consultant for rendering all the identified services shall be based on the blended hourly rate of $215/hour for work performed by either a Principal, Senior Project Manager, Project Manager, Project Engineer, Analyst (1, 2, or 3), Senior CAD Designer, or CAD designer inclusive of all administrative overhead including, but not limited to, administrative, technician and clerical assistance, offsite or home office overhead, phone and internet charges, copying, and travel to and from Cape Canaveral to attend site visits and meetings. Invoicing will be completed on a monthly basis and will specifically identify the costs per task of each service provided. The blended hourly rate of $215/hour shall remain in effect through September 30, 2024. Thereafter, the blended hourly rate shall be adjusted annually, effective October 15t of the City's new fiscal year, to reflect increases in the Consumer Price Index- All Urban Consumers, all items, U.S. South). Specifically, the blended hourly rate shall be adjusted to reflect the increase in the CPI for the immediately preceding twelve (12) month period of August to August, and any increase shall be capped at three (3%) percent per year. If the CPI — All Urban Consumers, all items, U.S. South is discontinued, the City and the Consultant shall mutually select another index published by the United States Government or by a reputable publisher of financial and economic indices. Continuing Engineering Services Agreement City of Cape Canaveral / Kimley Horn 27 Schedule The schedule to perform the Services under this Scope of Services will be mutually agreed to by the parties as the needs and priorities of the City occur. Continuing Engineering Services Agreement City of Cape Canaveral / Kimley Horn 28 EXHIBIT B Engineer's Task Order Rate Schedule SCHEDULE OF HOURLY BILLING RATES Labor Position/Classification Hourly Rate Level Principal $350.00 Senior Project Manager $310.00 Project Manager $260.00 Project Engineer $240.00 Analyst 3 $210.00 Analyst 2 $185.00 Analyst 1 $165.00 Sr CAD Designer $255.00 CAD Designer $240.00 CAD Technician $130.00 Administrative $130.00 Clerical $100.00 The Schedule of Hourly rates may be adjusted by mutual written agreement. Continuing Engineering Services Agreement City of Cape Canaveral/Kimley Horn 29 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • JULY 18, 2023 AGENDA ITEM SUMMARY • ITEM # 8 Subject: Advance Capital Improvement Plan item FR-4 to the current fiscal year and approve purchase of a new Pierce Velocity 100ft Ascendant Aerial Tower Truck, in the amount of $432,194. Department: Canaveral Fire Rescue Summary: This purchase is to replace the existing 2012 vehicle. The 2012 vehicle is being replaced to meet the latest requirement of the National Fire Protection Association (NFPA) standards which recommends replacing front run (goes on every call) vehicles at 15 years of service. With a 30-month build time, this 111/2-year-old apparatus will be at the end of its life expectancy by the time it is replaced. Additionally, the replacement apparatus will enhance public safety with an increased ladder reach (current apparatus has 75ft ladder, new apparatus will have a 100ft ladder) and increased flow volume (current apparatus delivers 1500 GPM max., new apparatus will deliver 2000 GPM max.). This new $1,884,387 Aerial Tower Truck will be jointly purchased, in equal proportion, with the Canaveral Port Authority. Although the City's portion was originally budgeted to be $800,000 in FY 23/24 as a General Fund expenditure (Attachment 1) it was planned to be shown as an American Rescue Plan Act (ARPA) expenditure for FY 23/24, thereby reducing the FY 23/24 General Fund expenses by $800,000. Canaveral Fire Rescue (CFR) has applied annually for two years for a State of Florida appropriation for this purchase. In June 2023, CFR received notification that it had been successfully awarded the appropriation of $1,020,000 for this purchase. This brings the City's and Port's respective cost share down to $432,194, each. ($1,884,387 - $1,020,000 = $864,387/2 = $432,194). The appropriation will enable the City to realize an ARPA savings of $367,806 ($800,000 - $432,194 = $367,806). Time is of the essence. 1. Orders placed after August 4, 2023 will be impacted by a manufacturer price increase of 4%. 2. The implementation of 2023 Environmental Protection Agency (EPA) emissions mandates was delayed from April 2023 to October 2023. Accordingly, this regulatory change will impact this order if it is placed after October 2023, adding an estimated $60,000 — $90,000. For these reasons, the City Council is requested to advance the purchase from FY 23/24 to July, 2023. This same request was approved by the Board of Commissioners for the Canaveral Port Authority on June 28, 2023. Upon City Council approval, the manufacturer will create the purchase invoice, enabling the City and Port to take advantage of current pricing. Because the City's designated funding source for this purchase is ARPA funding, which is already held by the City, the advancement of this purchase will not impact any other current FY expenses. As described in the Equipment Proposal (Attachment 2), the manufacturer offers a "pre -payment discount" (paying within 15 days of invoice) of $90,391.00 ($45,195 each), which we intend to take advantage of. This discount has already been factored into the Equipment Proposal. City of Cape Canaveral City Council Meeting • July 18, 2023 Agenda Item # 8 Page 2 of 2 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 30 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. Submitted by: Chief Dave Sargeant Attachments: 1) Approved FY 22/23 CIP item FR-4 detail 2) Equipment Proposal 3) Option List 4) Limited Warranty 5) Vehicle dimensions and diagrams Financial Impact: • ARPA costs: $432,194. • 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: Advance CIP item FR-4 to the current fiscal year and approve purchase of a new Pierce Velocity 100ft Ascendant Aerial Tower Truck, in the amount of $432,194. 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 # 762 IN SERVICE TO SERVE YOU This Equipment Proposal (the "Proposal") has been prepared by Ten-8 Fire & Safety, LLC ("Company") in response to the undersigned Customer's request for a proposal. This Proposal is comprised of the special terms set forth below,the Proposal Option List,Warranty,and Company's Purchasing Terms and Conditions. Through its signature below or other Acceptance(as defined below),Customer acknowledges having received,read and being bound by this Proposal,all attachments and Company's Purchasing Terms and Conditions. Date:June 15,2023 ("Proposal Date") Customer: Cape Canaveral Fire Rescue("Customer") Customer Address: 8970 Columbia Road,Cape Canaveral,Florida,32920 Qty Product Description & Options Price 1 One Pierce Velocity 100' Ascendant Aerial Tower per Cape Canaveral $1,974,778.00 Model ID 1.07 Ten-8/Pierce Bid Number 762 NPPGov Member Numbers Canaveral Fire Rescue M-5691515 Canaveral Port Authority M-5712300 Pre-payment discount of ($90,391.00) is available if the payment is received (590,391.00) within 15 days of invoice. *Pricing is based on orders booked before the August increase. *Pricing contingent on the availability of 2024 Paccar Motor. **Commercial chassis price is an estimate;final price is net price charged by the chassis manufacturer. Total: 41,884,387.00 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 28-30 (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 45 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: Cape Canaveral Fire Department Ten-8 Fire & Safety,LLC By: By: (Signature) Title: Title: Authorized Sales Representative Print: Print: Anthony Autorino Date: Date: June 15,2023 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. Attachment 3 Pierce. Option List 6/19/2023 Customer: Canaveral Fire Rescue Bid Number: 762 Representative Autorino,Anthony Job Number: Organization: Ten-8 Fire & Safety, LLC Number of Units: 1 Requirements Manager: Bid Date: 07/03/2023 Description: Cape Canaveral Velocity 100'Ascendant Aerial Tower 2023 Stock Number: Body: Aerial, 100AAT,Alum Body Price Level: 45 (Current:45) Chassis: Velocity Chassis, 100AAT Lane: Lane 1 Line Option Type Option Description Qty 1 0769372 Boiler Plates, 100AAT 1 Fire Department/Customer-Cape Canaveral Fire Rescue Operating/In conjunction W-Service Center-Operating Miles- 10 Miles Number of Fire Dept/Municipalities-2 Bidder/Sales Organization-TEN-8 FIRE EQUIPMENT, INC. Delivery- Delivery representative Dealership/Sales Organization, Service-TEN-8 FIRE EQUIPMENT, INC. 2 0018180 Single Source Compliance,Aerials 1 3 0584456 Manufacture Location,Appleton, Wisconsin 1 4 0584452 RFP Location: Appleton, Wisconsin 1 5 0588609 Vehicle Destination, US 1 6 0610784 Comply NFPA 1901 Changes Effective Jan 1, 2016, With Exceptions 1 7 0533351 Quint Fire Apparatus 1 8 0588612 Vehicle Certification,Aerial w/Pump 1 9 0681278 Agency,Apparatus Certification,Aerial w/Pump, U.L. 1 10 0891947 Certification, Vehicle Inspection Program, NFPA 1901 1 11 0536644 Customer Service Website 1 12 0733614 Consortium, NPPGov (LOC) 1 13 0537375 Unit of Measure, US Gallons 1 14 0030006 Bid Bond Not Requested 1 15 0807711 Performance Bond, 100% Req'd 1 16 0000007 Approval Drawing 1 17 0002928 Electrical Diagrams 1 18 0771624 Velocity Chassis, 100AAT 1 19 0000110 Wheelbase 1 Wheelbase-271.00 20 0000070 GVW Rating 1 GVW rating-76,000 21 0000203 Frame Rails, 13.38 x 3.50 x.375, Qtm/AXT/Imp/Vel/DCF 1 22 0889473 Frame Liner, "C/Inv L" 12.50"x 3.00"x.25",AXTNel/Imp/Enf, 57" Qval 1 23 0508846 Axle, Front, Oshkosh TAK-4, Non Drive, 24,000 Ib, Velocity 1 24 0090914 Suspension, Front TAK-4, 24,000 Ib, DLX/Qtm/AXT/Vel/Enf/SFR 1 25 0087572 Shock Absorbers, KONI, TAK-4, Qtm/AXT/Imp/Vel/DCF/Enf 1 26 0000322 Oil Seals, Front Axle 1 27 0078245 Tires, Front, Michelin, XZY3(wb), 445/65R22.50, 20 ply 1 28 0019618 Wheels, Front,Alcoa, 22.50"x 13.00",Aluminum, Hub Pilot 1 29 0754936 Axle, Rear, Mentor RT52-185, 54,000 Ib, 100AAT 1 30 0544244 Top Speed of Vehicle, 60 MPH/96 KPH 1 31 0660628 Suspen, Rear,Air Link,AL-520,Air Ride, 54,000 lb 1 32 0000485 Oil Seals, Rear Axle 1 33 0070729 Tires, Rear, Michelin, XDN2, 12R22.50, 16 ply, Tandem 1 34 0019639 Wheels, Rear,Alcoa, 22.50"x 8.25",Aluminum, Hub Pilot, Tandem 1 35 0568081 Tire Balancing, Counteract Beads 1 36 0620569 Tire Pressure Monitoring, RealWheels,AirSecure, Valve Cap, Tandem Axle 1 Qty,Tire Pressure Ind- 10 37 0801909 Lug Nut, Covers, Chrome 1 38 0003245 Axle Hub Covers w/center hole, S/S, Front Axle 1 39 0013241 Axle Hub Covers, Rear, S/S High Hat(Tandem) 1 40 0002045 Mud Flap, Front and Rear, Pierce Logo 1 6/19/2023 8:28 AM Bid#: 762 Page 1 Line Option Type Option Description Qty 41 0766669 Chocks, Wheel, SAC-44-E, Folding, 100AAT 1 Qty, Pair-01 42 0766668 Mounting Brackets, Chocks, SAC-44-E, Folding, Horizontal, 100AAT 1 Qty, Pair-01 Location, Wheel Chocks- Left Side Rear Tire, Rearward 43 0010673 ABS Wabco Brake System, Tandem Rear Axle 1 44 0030185 Brakes, Knorr/Bendix 17", Disc, Front, TAK-4 1 45 0000730 Brakes, Mentor, Cam, Rear, 16.50 x 7.00" 1 46 0735527 Air Compressor, Brake, Wabco 26.8 CI, Paccar 1 47 0000789 Brake Reservoirs, Five 1 48 0568012 Air Dryer, Wabco System Saver 1200, Heater, 2010 1 49 0000790 Brake Lines, Nylon 1 50 0000854 Air Inlet,w/Disconnect Coupling 1 Location,Air Coupling(s)-a) DS Step Well, Forward Qty,Air Coupling (s)- 1 51 0070810 All Wheel Lockup(Aerial/Tanker Chassis) 1 52 0612549 Fittings, Compression Type, Entire Apparatus, Tandem Rear Axle 1 53 0811017 SP Engine, Paccar MX13, 510HP, 1850 lb-ft W/OBD, EPA 2024, Velocity, 1 BMP/HDR/STK 54 0001244 High Idle w/Electronic Engine, Custom 1 55 0735687 Engine Brake, Fully Integrated, Paccar MX13 Engine 1 Switch, Engine Brake- MX13 56 0733852 Clutch, Fan,Air Actuated, Paccar, VEL 1 57 0734434 Air Intake, Water& Ember Screen, Paccar, VEL 1 58 0794743 Exhaust System, 5", X12/X15, MX13, Engine, Horizontal, Right Side 1 59 0734440 Radiator, VEL, Paccar 1 60 0511425 Cooling Hoses, Rubber 1 61 0001125 Fuel Tank, 65 Gallon, Left Side Fill 1 62 0001129 Lines, Fuel 1 63 0734402 DEF Tank, 7.3 Gallon, LS Fill, Under Cab, Paccar, VEL 1 64 0552777 Fuel Pump for Repriming 1 65 0552712 Not Required, Shutoff Valve, Fuel Line 1 66 0891206 SP Cooler, Engine Fuel, Paccar MX13 1 67 0500907 Door, Fuel Fill, Brushed S/S 1 68 0690880 No Selection Required From This Category 1 69 0887546 Trans,Allison 6th Gen, 4000 EVS P,w/Prognostics, Imp/Vel/SFR/Enf 1 70 0625331 Transmission, Shifter, 6-Spd, Push Button, 4000 EVS 1 71 0684459 Transmission Oil Cooler, Modine, External 1 72 0565656 Fluid, 4000/4500 Series Transmission,TranSynd synthetic, IPOS, Custom 1 73 0001375 Driveline, Spicer 1810 1 74 0734211 Steering, Sheppard M110 w/Tilt, TAK-4, Paccar Pump,w/Cooler, Paccar 1 75 0001544 Not Required, Steering Assist Cylinder on Front Axle 1 76 0509230 Steering Wheel, 4 Spoke without Controls 1 77 0550144 Logo/Emblem, on Horn Button 1 Text, Row(1) One-CANAVERAL Text, Row(2) Two- FIRE RESCUE Text, Row(3) Three- Leave Blank 78 0725698 Bumper, 27"Total(16" Extension),Alum, Painted, Integrated, 100AAT,VEL 1 79 0758000 Tray, Hose, Center, 16" Bumper, Inside Air Horns, 100AAT 1 Grating, Bumper extension -Grating, Rubber Capacity, Bumper Tray- 18)75'of 1.75" 80 0633479 Hose Restraint, Bumper Tray, Velcro Straps, Pair 1 Qty, Pair-01 81 0510226 Lift &Tow Package, Imp/Vel,AXT, Dash CF 1 82 0049963 Tow Eyes, Painted Black, Below Deck 1 83 0668315 Cab, Velocity FR, 7010 Raised Roof 1 84 0724207 Engine Tunnel, X12-15, MX13, Mech Fasteners, Velocity FR 1 85 0677478 Rear Wall, Exterior, Cab,Aluminum Treadplate 1 86 0764124 Cab Lift, Elec/Hyd, Manual Override, Stabilizer Interlock, Vel 100AAT 1 87 0123176 Grille, Bright Finished, Front of Cab,Velocity 1 88 0002224 Scuffplates, S/S At Cab Door Jambs, 4-Door Cab 1 Material Trim/Scuffplate-c) S/S, Polished 6/19/2023 8:28 AM Bid #: 762 Page 2 Line Option Type Option Description Qty 89 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 90 0015440 No Chrome Molding, On side of cab 1 91 0521669 Mirrors, Retrac, West Coast Style, Htd/Rmt,w/Htd/Rmt Convex 1 92 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 93 0655511 Door Panel, Brushed Stainless Steel, ImpelNelocity 4-Door Cab 1 94 0667905 Storage Pockets w/Elastic Cover, Recessed, Overhead, ImpelNelocity FR 1 95 0667902 Controls, Electric Windows,All Cab Doors, Impel/Velocity FR 1 96 0670028 Electric Door Locks, Cab Doors, DS Bumper Conceal Switch Loc, ImpNel 1 97 0555485 Steps, 4-Door Full Tilt Cab, Imp/Vel 1 98 0770194 Handrail, Exterior, Knurled,Alum, 4-Door Cab 1 99 0892637 Lights, Cab & Crw Cab Acs Stps, P25, LED w/Bezel, 1 Lt Per Step 1 Color, Trim-Chrome Housing 100 0002140 Fenders, S/S on Cab 1 101 0586564 Window, Side of C/C, Fixed,w/EMS Cabinet, ImpNel 1 102 0552935 Trim, Cab Side Windows,Velocity 1 103 0012090 Not Required, Windows, Front/Side of raised roof 1 104 0509287 Windows, Rear CC, (2) 11.25"x 18", Velocity 1 105 0553196 Trim, Cab Rear Windows, Velocity 1 106 0775133 Insulation, Cab C/C Floor, Spray, AXT, ImpNel FR, Qtm 1 107 0663375 Mounting Provisions, 1/4"Alum, Full Engine Tunnel, Vel/Imp 1 Mounting Provision Spacing- 1.00" Material Finish, Cab Interior- Painted 108 0748671 Cab Interior, Vinyl, Velocity FR, CARE 1 Color, Cab Interior Vinyl/Fabric- Endure Vinyl-Silver/Gray 109 0667943 Cab Interior, Paint Color, Impel/Velocity FR 1 Color, Cab Interior Paint- i) fire smoke gray 110 0509532 Floor, Rubber Padded Cab & Crew Cab, ImpNel, Dash CF 1 111 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- None 112 0639675 Sun Visor, Smoked Lexan, AXT, ImpNel, Saber FR/Enforcer 1 Sun Visor Retention- No Retention 113 0548173 Grab Handles, Driver and Passenger Door Post, Imp/Vel 1 114 0583938 Lights, Engine Compt, Custom, Auto Sw, Win 3SCOCDCR, 3" LED, Trim 2 Qty,-02 115 0122516 Fluid Check Access, ImpNel 1 Latch, Door, Storage- Lift and Turn Latch, Flush 116 0583039 Not Required, Side Roll and Frontal Impact Protection 1 117 0622618 Seating Capacity, 5 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 0771868 Cabinet, Rear Facing, LS, 21 W x 28 H x 24 D, Roll, ImpNel 1 Light, Short Cabinet- Pierce, Interior, Right Side and Pierce, Interior, Left Side Material Finish, Shelf- Painted-Cab Interior Shelf/Tray, Cabinet-(1) Shelf,Adjustable, 0.75" Up-Turned Lip Door, Cab Interior Cabinet- Rollup, Gortite,Anodized, Non-Locking Louvers, Cabinet-0-No Louvers 122 0102783 Not Required, Seat, Rr Facing C/C, Center 1 123 0767682 Cabinet, Rear Facing, RS, 19 W x 28 H x 26.5 D, Roll, Imp/Vel 1 Light, Short Cabinet- Pierce, Interior, Right Side and Pierce, Interior, Left Side Material Finish, Shelf- Painted-Cab Interior Shelf/Tray, Cabinet-(1) Shelf,Adjustable, 0.75" Up-Turned Lip Door, Cab Interior Cabinet- Rollup, Gortite,Anodized, Non-Locking Louvers, Cabinet-0-No Louvers 6/19/2023 8:28 AM Bid #: 762 Page 3 Line Option Type Option Description Qty 124 0649960 Seat, Forward Facing C/C, DS Outboard, Pierce PS6, Base, SCBA, Foldup, 17" 1 Btm 125 0123167 Seat, Forward Facing C/C, Center, (2) Pierce PS6, Premium, 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 5 Color, Cab Interior Vinyl/Fabric- Endure Vinyl-Silver/Gray Qty,-05 128 0543991 Bracket,Air Bottle, Hands-Free II, Cab Seats 4 Qty,-04 129 0603867 Seat Belt, ReadyReach 1 Seat Belt Color- Red 130 0604864 Seat Belt Height Adjustment, 5 Seats, Imp/Vel, Dash CF 1 131 0602464 Helmet Storage, Provided by Fire Department, NFPA 2016 1 132 0647647 Lights, Dome, FRP Dual LED 4 Lts 1 Color, Dome Lt- Red & White Color, Dome Lt Bzl- 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 0602622 Portable Hand Light, Provided by Fire Department, Quint 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 0673123 Light, Do Not Move Apparatus, Win 3SROOFRR LED 1 Alarm, Do Not Move Truck-Steady Alarm 139 0743386 Messages, Open Dr/DNMT, Color Dsply, 100AAT 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, Impel/Velocity 1 142 0731813 Hour Meter,Aerial, Included in Information Centers,ASL,AAT, ASP 1 143 0002615 Switch,Aerial 12V Master 1 144 0002617 PTO switch,w/light-aerial 1 145 0548004 Wiring, Spare, 15 A 12V DC 1st 6 Qty,-06 12vdc power from- Battery direct Wire termination - 15 amp power point plug Location, Spare Wiring-Officer Dash and Centered front of engine tunnel 146 0548013 Wiring, Spare, 20 A 12V DC 2nd 2 Qty,-02 12vdc power from- Battery direct Wire termination - 10-Place Bus Bar w/Cover Location- RS 4 and LS4 body compartment on the forward bulkhead up high 147 0548009 Wiring, Spare, 20 A 12V DC 1st 1 Qty,-01 12vdc power from- Battery direct Wire termination - 10-Place Bus Bar w/Cover Location, Spare Wiring- Behind Officer Seat 148 0610968 Wiring, Spare, 2.0 A 12V DC, USB Termination Blue Sea 1016 1st 1 Qty,-01 12vdc power from- Battery direct Location-forward of the power outlet on the passenger's side dash area 149 0548006 Wiring, Spare, 15 A 12V DC 2nd 2 Qty,-02 12vdc power from- Battery direct Wire termination - 10-Place Bus Bar w/Cover Location- High on the rear wall, both EMS compartments. 150 0566101 Recess, Dash Panel, Officer Side, Vel/Imp 1 151 0615386 Vehicle Information Center, 7"Color Display, Touchscreen, MUX 1 System Of Measurement- US Customary 152 0734857 Collision Mitigation, HAAS Alert (R2V), HA5 1 Subscription, HAAS R2V- R2V-5 Year Data Plan Subscription 153 0606249 Vehicle Data Recorder w/CZ and Overhead Display Seat Belt Monitor 1 6/19/2023 8:28 AM Bid #: 762 Page 4 Line Option Type Option Description Qty 154 0687904 Antenna Mount, Custom Chassis, Cable Routed to Behind Officer Seat 2 Location-on the cab roof evenly spaced behind the light bar Qty,-02 155 0653519 Camera, Pierce, LS Mux, RS, LS, R, Cameras 1 Camera System Audio- Not Provided 156 0511071 Guard, 4-Way, Rear Vision Camera 1 Qty,-01 Location-at rear 157 0896458 Pierce Command Zone,Advanced Electronics& Control System, Vel WiFi CZT 1 Color,Antenna- Black Antenna Module Housings- Black Housing with Power and Status Ind 158 0896456 Prognostics, Electrical System 1 159 0892649 ClearSky Telematics for Remote Fleet and On-scene Management 1 Subscription,Telematics-3 Year Subscription 160 0730603 Electrical System,Velocity ESP, Cummins, Paccar 1 161 0079211 Batteries, (6)Stryten/Exide Grp 31, 950 CCA each, Threaded Stud 1 162 0008621 Battery System, Single Start,All Custom Chassis 1 163 0123174 Battery Compartment, Imp/Vel 1 164 0814869 Location, Cab, Charger, Behind Driver Seat 1 165 0812383 Charger, Sngl Sys, Kussmaul, Chief 091-266-12-40 1 166 0813487 Not Required, No Ind/Rem 1 167 0811940 Panel, Remote Control, Not Required 1 168 0804247 Shoreline, 20A 120V, Kussmaul Chf Auto Eject, 091-55-20-120, 091-55-266-XX 1 Cover Color, Kussmaul Cover-b) red Shoreline Connection- Battery charger and 120 volt receptacles 169 0026800 Shoreline Location 1 Location, Shoreline(s)- DS Cab Side 170 0647728 Alternator,430 amp, Delco Remy 55S1 1 171 0092582 Load Manager/Sequencer, MUX 1 Enable/Disable Hi-Idle-e) High Idle enable 172 0783153 Headlights, Rect LED, JW Spkr Evo 2,AXT/DCF/Enf/Imp/Sab/Vel 1 Color, Headlight Bez-Chrome Bezel 173 0648425 Light, Directional, WIn 600 Cmb, Cab Crn, ImpNel/AXT/Qtm/DCF 1 Color, Lens, LED's- m)match LED's 174 0620054 Light, Directional/Marker, Intermediate,Weldon 9186-8580-29 LED 21ts 1 175 0648074 Lights, Clearance/Marker/ID, Front, P25 LED 7 Lts 1 176 0670831 Lights, Clearance/Marker/ID, Rear, P25 LED 7Lts, 100AAT 1 177 0602938 Light, Marker End Outline, Rubber Arm, LED Marker Lamp, Rear Body 1 Qty, Lights, Pair- 1 178 0804519 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) 179 0805618 Lights, Backup, WIn M62BU 1 Color, Trim-Chrome Trim 180 0889577 Bracket, License Plate& Light, P25 LED, Stainless Brkt 1 Color, Trim-Chrome Housing 181 0589905 Alarm, Back-up Warning, PRECO 1040 1 182 0769569 Lights, Perimeter Cab,Amdor AY-LB-12HW012 LED 4Dr 1 183 0769553 Lights, Perimeter Pump House,Amdor AY-LB-12HW012 LED 1It 1 184 0763190 Lights, Perimeter Body,Amdor AY-LB-12HW012 LED 31ts 1 Control, Perimeter Lts- Parking Brake Applied 185 0896454 Enhanced Software for Perimeter Lts 1 186 0735865 Step Illumination, Pump Panel Light Shield, 100AAT, w/Pump 1 187 0618243 Light, Visor, HiViz, FT-B-72-* LED,4 Swts 1 Location, driver's/passenger's/center-Centered Color, Lt Housing-White 188 0736731 Lights, HiViz FT-GESM LED 1st 1 Location- DS of cab high behind crew doors Qty,-01 Control, Scene Lts-Cab Sw Panel DS and Pump Panel Sw LS Color, Lt Housing HiViz-Crm Opt Hold, Crm Bez, Wht Fix 6/19/2023 8:28 AM Bid #: 762 Page 5 Line Option Type Option Description Qty 189 0736729 Lights, HiViz FT-GESM LED 2nd 1 Location- PS of cab high behind crew doors Qty,-01 Control, Scene Lts-Cab Sw Panel DS and Pump Panel Sw RS Color, Lt Housing HiViz-Crm Opt Hold, Crm Bez, Wht Fix 190 0764634 Lights, HiViz FT-B-72-* LED, 1st 1 Location- DS Top of body compartment centered in front of boom panel Qty,-01 Control, Scene Lts- DS Scene Lts Color, Lt Housing HiViz-White 191 0764632 Lights, HiViz FT-B-72-* LED, 2nd 1 Location- PS Top of body compartment centered in front of boom panel Qty,-01 Control, Scene Lts- PS Scene Lts Color, Lt Housing HiViz-White 192 0733343 Lights, HiViz FT-GESM* LED 1st 2 Location- Each side high rear of body Qty,-02 Control, Scene Lts-Cab Sw Panel DS and Body Switch, PS Rear Bulkhead Color, Lt Housing HiViz-Crm Opt Hold, Crm Bez, Wht Fix 193 0766802 Not Required, Deck Lights, Other Hose Bed & Rear Lighting, 100AAT 1 194 0729276 Lights, Hose Bed, Front/Rear, Light Strips, AAT 1 Control, Hose Bed Lts-Cup Switch At Rear 195 0645677 Lights, Not Required, Rear Work,Alt. 12 Volt Lights At Rear Body 1 196 0892706 Lights, Walk Surf, FRP Flood, P25 LED, 100AAT 1 Color, Trim-Chrome Housing 197 0771870 Aerial, 100AAT, Alum Body 1 198 0554271 Body Skirt Height, 20" 1 199 0769002 Tank, Water, 300 Gallon, Poly, 100AAT 1 200 0751917 Overflow, 3.00" Water Tank, Poly 1 201 0028107 Not Required, Foam Cell Modification 1 202 0003429 Not Required, Direct Tank Fill 1 203 0769016 Hose Bed,Alum, Right Side, 100AAT 1 204 0723546 DA Finished Hose Bed/Cargo Area 1 205 0555137 Hose Bed Capacity 800'of 5.00", 100AAT, 100' RMAP 1 206 0748063 Hose Restraint, Front Vinyl/Treadplate, 1" Heavy Nylon Web Rear, RS, 100AAT 1 Color, Vinyl Cover-a) red 207 0003512 Running Boards,Ascendant, PAL 1 208 0735582 Turntable Steps, Swing-Down, Left Side, 100AAT 1 Step, Flip- Flip Step, One Step Assembly Body Handrail Finish -knurled aluminum Step Surface, Turntable- Punched Grip 209 0889980 Lights, Step (3), P25 LED, One Side 1 Control, Scene Lts- Park Brake 210 0690023 Wall, Rear, Smooth Aluminum 1 211 0074515 Tow Eyes (2), Painted Lower Job Color, 100AAT,Ascendant Single Axle, 75' HAL 1 212 0769019 Construction, Compt,Alum, 100AAT 1 213 0771234 Compt, Left Side, Lap, 100AAT 1 Latch, Door,Access-lift and turn latch, flush, pair 214 0771230 Compt, Right Side, Lap, 100AAT 1 215 0771213 Doors, Lap w/"D" Handles,Aluminum, Side Compartments 1 216 0740006 Bumper, Rear, 3", Counterweight, Steel, Full 45 Degree Angled Corners, 100AAT 1 217 0603083 Lights, Compt,Pierce LED,Dual Light Strips,Each Side Dr,Ascend 9 TA,75'HAL,PAP,HDL Qty,-09 Location, Compartment Lights-All Body Compts 218 0687145 Shelf Tracks, Recessed, PUC/3rd Generation 1 219 0600289 Shelves,Adj, 500 lb Capacity, Full Width/Depth, Predefined Locations,Aerial 10 Qty, Shelf- 10 Material Finish, Shelf- Painted-Spatter Gray Location, Shelves/Trays, Predefined-* Locations To Be Determined At A Later Date 6/19/2023 8:28 AM Bid #: 762 Page 6 Line Option Type Option Description Qty 220 0647772 Tray, Floor Mounted, Slide-Out, 5001b, 2.00" Sides, 3G 4 Qty,-04 location-TBD Material- Painted-Spatter Gray 221 0725611 Drawer Insert, CTECH, Four Drawers, Up To 24"Wide 1 Qty,-01 Location-TBD Size, Drawer Height 1 (Top)-5.00" Size, Drawer Height 2-5.75" Size, Drawer Height 3-9.75" Size, Drawer Height 4-9.75" 222 0747876 Toolboards(2), Split, Swing-out,Alum, .188", Peg Board, Floor Latch, (1/2 1/2) 2 Finish - Painted, Compt Interior, Spatter Gray location-TBD Qty-2 Mounting, Toolboard -Adjustable Frt-back Hole Diameter, Pegboard/Toolboard- .203"diameter 223 0709346 Toolboard, Slide-out,Alum, .188", Peg Board, Predefined Locations 2 Qty,-02 Mounting, Toolboard -Adjustable side-side Hole Diameter, Pegboard/Toolboard- .281"diameter Finish, Pegboard/Toolboard- Painted-Spatter Gray Location, Partition/Toolboard, Predefined- LS2- 12.00" From Forward Door Frame and LS2-24.00" From Forward Door Frame 224 0544614 Toolboard, Swing-out,Alum, .188", Peg Board, 3G 2 Qty-2 Location, Pivot- Front Mounting, Toolboard -Adjustable Frt-back Hole Diameter, Pegboard/Toolboard- .281"diameter Finish, Pegboard/Toolboard- Painted-Spatter Gray Location, Toolboard- LS3- Full Height/Width and RS3- Full Height/Width 225 0635915 Mounting Plate, 3/16"Alum 4 Location-TBD Qty,-04 Finish - Painted, Compt Interior, Spatter Gray Dimensions-as large as possible for the area 226 0061917 Rub Rail,Aluminum Extruded, 3.12", Side of Body 1 227 0769018 Fender Crowns, Rear, S/S,w/Removable Fender Liner,Aerial, 3G, Two Pair 1 228 0519849 Not Required, Hose, Hard Suction 1 229 0893756 Handrails, Side Pump Panels, Per Print,Aerial 1 Step, Runningboard-step 230 0765324 Compt,Air Bottle/Extinguisher,Between Tandems,Three (3),w/Straps,100AAT, Bolt- 2 In Qty,Air Bottle Comp-2 Door Finish, Fender Compt- Brushed Location, Fender Compt- LS and RS Latch,Air Bottle Compt- Flush Lift&Turn, Pair Insert,Air Bottle Compt- Rubber Matting Door Type-lift up with pneumatic spring 231 0795333 Compt, Air Bottle, Single, Fender Panel, Bolt-In 4 Qty,Air Bottle Comp-4 Door Finish, Fender Compt- Brushed Location, Fender Compt-Single- LS Fwd, Single- LS Rear, Single- RS Fwd and Single- RS Rear Latch,Air Bottle Compt- Flush Lift & Turn Insert,Air Bottle Compt- Rubber Matting 232 0044266 Ladder, 35' Alco-Lite, PEL-35, 2 Section 2 Qty,-02 233 0054275 Ladder, 28' Alco-Lite PEL-28 2-Section 1 Qty,-01 Location, Extension Ladder-torque box 234 0084266 Ladder, 16' Alco-Lite, PRL-16 Roof 1 Qty,-01 6/19/2023 8:28 AM Bid #: 762 Page 7 Line Option Type Option Description Qty 235 0054229 Ladder, 14' Alco-Lite, PRL-14, Roof 1 Qty,- 1 Location-on the aerial fly section 236 0054236 Ladder, 20' Alco-Lite, PRL-20, Roof 1 Qty,-01 Location, Roof Ladder-aerial torque box 237 0024233 Not Required, Attic Extension Ladder 1 238 0044243 Ladder, 10' Alco-Lite Folding, FL-10 2 Qty,-02 Location, Folding Ladder Aerial-torque box 239 0806196 Ladders in Torque Box, Generator Storage, Gortite Roll, Retainer Latch, 100AAT 1 Color, Roll-up Door, Gortite-Satin finish Latch, Roll-up Door, Gortite- Non-Locking, Rear Latch,Anti-Migration Plate-Southco C2 chrome raised 240 0766602 Lights, Torque Box Ladder Storage, Pierce LED Strip Lights, 2 Lts, 100AAT 1 241 0724705 Trough, Backboard, In Torque Box/Ladder Compartment, Aerial 2 Qty-2 Size, Backboard, Predefined-72"L x 18"W x 2"H 242 0064320 Pike Pole, 12' Fire Hooks Unlimited, New Yorker, Fiberglass, NYFG-12, Ram Knob 2 Qty,-02 243 0633473 Pike Pole, 8' Fire Hooks Unlimited, New York Roof Hook, Steel, Ram Knob 2 End, RH-8 Qty,-02 244 0685804 Pike Pole, 6' Fire Hooks Unlimited, New York Roof Hook, Ram Knob End, RH-6 2 Qty,-02 245 0788912 Pike Pole, 3' Fire Hooks Unlimited, New York Roof Hook, RH-3, w/D Handle 2 Qty,-02 246 0770578 Pike Pole Tubes, in Torque Box/Ladder Storage, ABS 6 Qty,-06 247 0765390 Pump House, Side Control, 42", 100AAT, Control Zone 1 248 0767048 Pump House Structure 1 249 0767622 Pump, Waterous, S100,2000 GPM, Single Stage, 100'AAT 1 250 0504116 Seal, Mechanical, Waterous, w/S100 Pump 1 251 0559768 Trans, Pump,Waterous C20, S100 Pump Only 1 252 0635600 Pumping Mode, Stationary Only 1 253 0605126 Pump Shift,Air Mnl Override, Split Shaft, Interlocked, Waterous 1 254 0003148 Transmission Lock-up, EVS 1 255 0004547 Auxiliary Cooling System 1 256 0014486 Not Required, Transfer Valve, Single Stage Pump 1 257 0746501 Valve, Relief Intake, Elkhart 1 Qty- 1 Pressure Setting- 125 psig Intake Relief Valve Control-Behind Right Side Pump Panel 258 0794959 Controller, Pressure, Pierce, Pump Boss, PBA300 1 259 0072153 Primer, Trident,Air Prime,Air Operated 1 260 0780364 Manuals, Pump, (2)Total, Electronic Copies 1 261 0602492 Plumbing, Stainless Steel and Hose, Single Stage Pump, 100AAT 1 262 0089437 Plumbing Without Foam System 1 263 0751029 Inlets,6.00", (1) Left Side, (1) Right Side, 1500-2000 GPM Pump, 100AAT 1 264 0014650 Pump Suction Tube(s), Short, All 1 265 0004646 Cap, Main Pump Inlet, Long Handle, NST, VLH 1 266 0084610 Valves, Akron 8000 series-All 1 267 0016158 Valve, Inlet(s) Recessed, Side Cntrl, "Control Zone" 1 Qty, Inlets- 1 268 0004700 Control, Inlet,at Valve 1 269 0004660 Inlet(1), Left Side, 2.50" 1 270 0004680 Inlet, Right Side, 2.50" 1 271 0723049 Valve, .75" Bleeder,Aux. Side Inlet, "T" Swing Handle 1 272 0767284 Tank to Pump, (1)3.00"Valve, 3.00" Plumbing, 100AAT 1 273 0004905 Outlet, Tank Fill, 1.50" 1 274 0062133 Control, Outlets, Manual, Pierce HW if applicable 1 275 0890913 Outlet, Left Side, 2.50", 100AAT 2 Qty, Discharges-02 6/19/2023 8:28 AM Bid #: 762 Page 8 Line Option Type Option Description Qty 276 0005091 Elbow, Left Side Outlets, 45 Degree, 2.50" FNST x 2.50" MNST, VLH 1 277 0004945 Outlet, Right Side, 2.50" 1 Qty, Discharges-01 278 0025091 Elbow, Right Side Outlets, 45 Degree, 2.50" FNST x 2.50" MNST, VLH 1 279 0767613 Outlet, 4"w/4" Right, Sm Handwheel, 100AAT 1 Valve, Brand-Akron 280 0005097 Elbow, Large Dia Outlet, 30 Deg, 4.00" FNST x 5.00"Storz 1 Qty,-01 281 0738134 Outlet, Front, 1.50"w/2" Plumbing, 100AAT 1 Fitting, Outlet- 1.50" NST with 90 degree swivel Drain, Front Outlet-Automatic Location, Front, Single-top of left bumper 282 0752097 Caps/Plugs for 1.00"to 3.00" Discharges/Inlets, Chain 1 283 0723042 Valve, 0.75" Bleeder, Discharges, "T" Swing Handle 1 284 0029106 Not Required, Deluge Outlet 1 285 0767110 Waterway Outlet&Control, 4"Akron, Sm HW, 100AAT 1 286 0762277 Crosslays Sngl Sheet Unpainted, (1+) 1.50"Std. Cap, 100AAT 2 Qty, Crosslays-2 287 0762275 Crosslays Sngl Sheet Unpainted, (1)2.50" Std Cap, 100AAT 1 288 0625777 Hose Rest, Crosslays, 2" Nylon Web, Seat Belt Buckle in Corner, Tether, Sides 3 Qty,-03 289 0629069 SP Strap(s), 2.00"Wide Black Nylon, Velcro 2 Location-one each end of the crosslay over the top of the hose Qty,-02 290 0044333 Not Required, Foam System 1 291 0012126 Not Required, CAF Compressor 1 292 0552517 Not Required, Refill, Foam Tank 1 293 0042573 Not Required, Foam System Demonstration 1 294 0045465 Not Required, Foam Tanks 1 295 0091110 Not Required, Foam Tank Drain 1 296 0091112 Not Required, Foam Tank#2 Drain 1 297 0738072 Approval Dwg, Pump Panel(s), Not Required 1 298 0032479 Pump Panel Configuration, Control Zone 1 299 0747651 Step, Slide-Out/Fold-Out, Pump Operator Platform, 100AAT 1 300 0667186 Light, Slide-Out Pump Operator Step, On Scene Solutions Access LED, Short Step 1 301 0629252 Material, Pump Panels, Side Control Black Vinyl 1 Material Finish, Pump Panel, Side Control- Black Vinyl Material, Pump Panel, Side Control-Aluminum 302 0723264 Panel, Pump Access- Right Side Only, 100AAT 1 Latch, Pump Panel Access, Side Mount- Flush Lift and Turn, Chrome, AAT 303 0583824 Light, Pump Compt, Win 3SCOCDCR LED White 1 Qty,-01 304 0586382 Gauges, Engine, Included With Pressure Controller 1 305 0005601 Throttle, Engine, Incl'd w/Press Controller 1 306 0739224 Indicator Light @ Pump Panel, Throttle Ready, Inc!w/Pressure Gov/Throttle, Green 1 307 0549333 Indicators, Engine, Included with Pressure Controller 1 308 0745568 Indicator Light, Pump Panel, Ok To Pump, Green 1 309 0553643 Control,Air Horn at Pmp Pnl, Red Switch 1 310 0005689 Gauges, 4.50" Master, Class 1, 30"-0-600psi 1 311 0511100 Gauge, 2.00" Pressure, Class 1, 30"-0-400psi 1 312 0062586 Gauge,Water Level, Class 1, Pierce Std 1 313 0006774 Not Required, Foam Level Gauge 1 314 0735892 Light Shield, S/S LS & RS, 100AAT, Std LED 1 315 0762640 Air Horns, (2) Hadley, 6" Round, eTone, In Bumper, 100AAT 1 316 0606833 Location,Air Horns, Bumper, Each Side, Inside Frame (Pos#3 & #5) 1 317 0757092 Control,Air Horn, Multi Select 1 318 0743678 Control,Air Horn, Ft Sw, RS, Location Fet 1 Location-on the engine tunnel 319 0743360 Control,Air Horn, Ft Sw, LS, Location Fet 1 Location-on the rocker panel on the floor as far forward as possible 320 0525667 Siren,Win 295SLSA1, 100 or 200 Watt 1 6/19/2023 8:28 AM Bid #: 762 Page 9 Line Option Type Option Description Qty 321 0510206 Location, Elect Siren, Recessed Overhead In Console 1 Location, Elec Siren-Overhead,Above Eng Tunnel PS 322 0076156 Control, Elec Siren, Head Only 1 323 0601306 Speaker, (1) Win, SA315P, w/Pierce Polished Stainless Steel Grille, 100 watt 1 Connection, Speaker-siren head 324 0601556 Location, Speaker, Frt Bumper, Recessed, Left Side, Outside Frame, Inbrd (Pos 6) 1 325 0895290 Siren, Federal Q2B, VEL, 100AAT 1 Finish, Q2B Siren-Chrome 326 0578974 Siren, Mechanical, Recessed In Grille, Imp/Vel 1 327 0748305 Control, Mech Siren, Multi Select 1 328 0898294 Control Mech Siren, Ft Sw RS, Loc 1 Location-top of the engine tunnel 329 0748280 Control Mech Siren, Horn Ring 1 330 0736164 Sw, Siren Brake, Momentary, LS Overhead Sw Pnl 1 331 0740391 Sw, Siren Brake, Momentary Chrome Push Button, RS 1 332 0746353 Not Required, Warning Lights Intensity 1 333 0605736 Lightbar, Win, Freedom IV-*, 3-21.5", RRRWR RRRR RWRRR, 30 Deg 1 Filter,Whl Freedom Ltbrs- No Filters 334 0898734 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 335 0540692 Lights, Side Zone Lower, Win M6*C LED, Clear Lens, 3pr, Ovr 25 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-Centered Above Rear Wheels 336 0743910 Lights, Side, Win M6** LED, Trm Fet 1st 4 Location, Lights-one each side above the forward wheel openings and one each side above the forward tandem axle wheel opening Qty,-04 Color, Lights, Warning -Red Flashing Color, Lens, LED's-Clear Color, Trim-Chrome Trim 337 0742884 Lights, Side, Win M6#Split Color LED 1st 2 Location, Lights-one each side behind the crew cab doors as high as possible Qty,-02 Control, Light-b) side warning Color, Lt Side Split-White and Red Color, Trim-Chrome Trim 338 0564655 Lights, Rear Zn Lwr, Win M6*C LED, Clear Lens, For Tail Lt Housing 1 Color, Lt DS Rear-r) DS Rear Lt Red Color, Lt PS Rear-r) PS Rear Lt Red 339 0740407 Lights, Rear, Win M6** LED, Features 1st 2 Location-on the rear body each side Qty,-02 Color, Lights, Warning -Red Flashing Control, Light-c)rear lower warning Color, Lens, LED's-Clear Color, Trim-Chrome Trim 340 0680854 Light, Rear Zone Up,Win B6M7**1 P, Super LED Beacon w/M7 LED Lt 1 Color, Lights, Warning -gia)red Color, Dome, Rear Warning-j) both domes clear Control, Light-a)rear upper warning Color, Lens, LED's-c) clear 341 0006551 Not Required, Lights, Rear Upper Zone Blocking 1 342 0779706 Receptacle Strip, 15A 120V 7-Place 90 Deg, FEL99089, Protect Metal Housing, Int 1 Qty,-01 6/19/2023 8:28 AM Bid #: 762 Page 10 Line Option Type Option Description Qty 342 Location 1 - RS 2 high on the rear wall AC Power Source-Shoreline 343 0519934 Not Required, Brand, Hydraulic Tool System 1 344 0649753 Not Required, PTO Driven Hydraulic Tool System 1 345 0771866 Aerial,Ascendant 100'Aerial Tower 1 346 0680821 Boom Panel, Pair 1 Paint Color, Predefined- #90 Red 347 0526890 Not Required, Indicator, Extension 1 348 0688232 Rung Covers, Aerial Device 1 Rung Cover Color-Safety Yellow 349 0728982 Box, Saw Storage, w/Cover, Base Section Above Boom Panel, 100AAT, Door Sw 1 Qty,-01 Finish - Painted, Aerial Device Color Latch, Door, Storage-"D" Handle Latch Location,Aerial Device-right side Louvers- no louvers 350 0623645 Aerial Stability Test, Max Tip Options 1 351 0678539 Brackets Only, Roof/Wall Ladder,Aerial Fly Section 1 Finish - DA Finish Roof Ladder, Make/Model- 14' Alco-Lite PRL-14 352 0766887 Brackets, Stokes Storage, Base Section Above Boom Panel, 100AAT 1 Qty,-01 Finish - Painted,Aerial Device Color Location,Aerial Device-right side 353 0770598 Basket, 100AAT 1 354 0672813 Mounting Only, Pike Pole, PAP, 100AAT 1 Qty,-01 Pike Pole Make/Model- Fire Hooks Unlimited New York Roof Hook RH-6 Pike Pole Mount- PAC Trac 1004 355 0662436 Scabbard, Temporary Vent Saw Storage, DA Finish 1 Make/Model-TBD Length- 16.00" Location,Aerial Basket-right Depth Gauge, Vent Saw-With Depth Gauge 356 0677439 Box, Hose Storage, Platform 1 Qty,-01 Latch, Door, Storage- Butterfly Latch Location,Aerial Basket-left Cover-cover Hose Size, Hosebox-50'of 1.75" 357 0678780 Brackets Only,Axe, Platform 1 Qty,-01 Type of Axe- pickhead axe 358 0754365 Cover, MUX Display, Platform 1 Latch, Door, Storage- Butterfly Latch Material-Stainless Steel, Brushed 359 0803225 Lights, Turntable Walkway, P25, On Scene, LED, 100AAT 1 Color, Trim-Chrome Housing 360 0767535 Light, Turntable Console, TecNiq E-10, LED 1 361 0732762 Basket Heat Shields, 100AAT 1 362 0766953 Control Stations, 100AAT 1 363 0751349 Lights, Basket Interior,Amdor AY-LB-12HW020-0, 20" 100AAT 1 364 0771862 Stabilizers, 100AAT, Three Sets 1 365 0729051 Stabilizer Pan and Trim Material 1 Stabilizer Panels- polished stainless steel Stabilizer Trim- polished stainless steel 366 0746173 Door, Stabilizer Control Box, Aerial MUX, 100AAT 1 Latch, Door, Storage- Lift and Turn Latch, Flush Hinge Location - Inboard Door, Material & Finish, Stabilizer-Smooth aluminum 367 0615058 Stabilizer Placement, Cameras w/Command Zone Color Display, 1 Set 1 368 0771218 Hydraulic System, 100AAT 1 369 0767932 Swivels, w/Encoder, 36, 100AAT 1 6/19/2023 8:28 AM Bid #: 762 Page 11 Line Option Type Option Description Qty 370 0767931 Electrical System, 100AAT 1 371 0757381 Light, Tip, Win P*H2* LED, Front of Basket Bail Brkt 100AAT 11ts 1 Color, Win Lt Housing-White Paint Scene Light Optics-flood Control, Tip Lts-Turntable and Tip 372 0752453 Lights, Tracking, Win MPB* LED, 100AAT 21ts 1 Color, WIn Lt Housing-White Paint Scene Lt Optics LH Base-L Spot Scene Lt Optics RH Base- R Spot 373 0743431 Basket Access, w/Flip Down Step, Lift Bar Latch, 100AAT 1 Finish, Step Well-aluminum treadplate 374 0894586 Lights, Step(4), P25, Ladder Style Access Steps, Both Sides 1 Control, Light- i) park brake Color, Trim-Chrome Housing 375 0749120 Lighting, Rung, LED,TecNiq, 5 Section, Base, Low, Cent, Upper, Fly, 100AAT 1 Control,Aerial Rung Lighting-Aerial Master Color, Lt Aerial Fly Sect- Blue Color, Lt Aerial Base Sect- Blue Color, Lt Aerial Lower Mid Sect- Blue Color, Lt Aerial Upper Mid Sect- Blue Color, Lt Aerial Mid Sect- Blue 376 0540743 Lights, Stabilizer Warn (2)Sets, WIn M6*C LED, Clear Lens 1 Color, Lt Rr Stabilzr Pan-r) Pan Light Red Color, Lt Fr Stabilzr Pan -r) Pan Light Red 377 0068703 Lights, Grote Supernova LED, Stabilizer Beam, (1)Set 1 378 0762387 Lights, Stabilizer Scene, (3)sets,Amdor AY-LB-12HW012, 100AAT 1 379 0764091 DC Power To Tip, 12.88 Amp, 100AAT 1 380 0737244 SP Light, HiViz, FT-MB-12-TR-*-*, 17.65" 12 Volt Under Corner Steps, 100AAT 2 Qty,-02 Location, Sw,Arl AC Lts- M) 2 Pos Color, Lt Housing HiViz-White Scene Light Optics-flood Location, Lts Under 100' AAT Steps- LS Under Corner Step Center (US5) and RS Under Corner Step Center (US11) 381 0736393 Intercom, 3-Way Fire Research ICA910 Hands Free 1 382 0540918 Not Required, Breathing Air to Tip,Aerial Platform 1 383 0024742 Not Required, Mask, Breathing Air To Tip 1 384 0767396 Aerial Pedestal, 100AAT 1 385 0766834 Lyfe Brackets, 3-In-1, Used w/Duo-Safety 875 Ladders ONLY, 100AAT 1 386 0767149 Turntable Access, ManSaver Bar, Yellow 1 387 0804860 Waterway, 100AAT 1 Aerial Waterway Drain 100AAT-Standard Location, Right Side 388 0016952 (1) Preconnect At Platform, 2 Monitors 1 389 0630798 Monitors, (2),Akron, 3481 StreamMaster II Manual, 3480 StreamMaster II Electric 1 Nozzle, Monitor 1, PAP-Akron 3499 Tips/3485 Shaper Nozzle, Monitor 2, PAP-Akron 5178 Electric 1500 gpm 390 0086971 Flowmeter, Waterway, MUX, PAP 1 391 0009364 Inlet, 5.00", S/S,w/Pump, Right Side, 100AAT 1 392 0003839 Adapter,Aerial Inlet, 5" FNST x 5" Storz w/Cap 1 Qty,- 1 393 0047897 Tools,Aerial 1 394 0559491 Manuals and Training, 3 Consecutive Days, Platform 1 395 0007150 Bag of Nuts and Bolts 1 Qty, Bag Nuts and Bolts- 1 396 0602497 NFPA Required Loose Equipment, Quint, NFPA 2016, Provided by Fire Department 1 397 0602397 Soft Suction Hose, Provided by Fire Department, Quint NFPA 2016 Classification 1 398 0027023 No Strainer Required 1 399 0602534 Extinguisher, Dry Chemical, Quint NFPA 2016, Provided by Fire Department 1 400 0602352 Extinguisher, 2.5 Gal. Pressurized Water, Quint, NFPA 2016,Provided by Fire Dept 1 401 0765595 Ladder Belts,Aerial 1 Safety Belt, Large/XL- (2) two Large/XL (34"-42"waist) Safety Belt, Small/Medium-0)small/medium (26"-34"waist) Safety Belt,XXL- (1)one XXL (42"-50"waist) 6/19/2023 8:28 AM Bid #: 762 Page 12 Line Option Type Option Description Qty 402 0007482 Not Required, Crowbars 1 403 0007484 Not Required, Claw Tools 1 404 0602883 Axe, Flathead, Quint NFPA 2016, Provided by Fire Department 1 405 0602670 Axe, Pickhead, Quint NFPA 2016, Provided by Fire Department 1 406 0007494 Not Required, Sledgehammers 1 407 0741569 Paint Process/Environmental Requirements,Appleton 1 408 0709846 Paint, Two-Tone Color, Velocity/Impel 1 Paint Color, Upper Area, Predefined-#10 White Shield, Cab- High Shield-Velocity/Impel Paint Color, Lower Area, Predefined- #80 Red Paint Break, Cab-Standard Two-Tone Cab Break 409 0709845 Paint, Single Color, Body 1 Paint, Body- Match Lower Cab 410 0646901 Paint Chassis Frame Assy,With Liner, E-Coat, Standard 1 Paint Color, Frame Assembly, Predefined-Standard Black 411 0693797 No Paint Required,Aluminum Front Wheels 1 412 0693792 No Paint Required,Aluminum Rear Wheels 1 413 0733739 Paint,Axle Hubs 1 Paint,Axle Hub- Lower Job Color 414 0007230 Compartment, Painted, Spatter Gray 1 415 0792638 Aerial Platform Paint 1 Paint Color,Aerial Device-White 10 Paint Color, Turntable-red 80 Paint Color, Boom Support-red 80 Paint Color, Cylinders-red 80 Paint Color,Aerial Torque Box-red 80 Paint Color,Aerial Stabilizers-red 80 Paint Color,Aerial Basket-red 80 Paint Color,Aerial Rotation Motor-red 80 Paint Color,Aerial Control Console-red 80 416 0544129 Reflective Band, 1"-6"-1" 1 Color, Reflect Band -A- i) gold Color, Reflect Band - B-I) white Color, Reflect Band -C-ze) gold 417 0510041 Reflective across Cab Face, ImpNel 1 418 0763907 Stripe, Chevron, Rear, Oralite,Aerial 1 Color, Oralite Band-A- Fluorescent Lime V98-112 Color, Oralite Band- B- Red V98-12 419 0598754 Stripe, Reflective/Diamond Grade, 4.00"on Stabilizers 1 Color, Reflect Band -A- p) fluorescent yellow green diamond grade 420 0079341 Jog, In Reflective Stripe"Hockey Stick" 1 Qty,-01 421 0017359 Stripe, Black Outline, Vinyl on Reflective Band 1 Qty,-01 422 0065687 Stripe, Reflective, Cab Doors Interior 1 Color, Reflective- i) gold 423 0027372 Lettering Specifications, (GOLD STAR Process) 1 424 0686426 Lettering, Gold Leaf, 3.00", (61-80) 1 Outline, Lettering-Outline and Shade 425 0686221 Lettering, Gold Leaf, 7.00", Each 8 Qty, Lettering -08 Outline, Lettering-Outline and Shade 426 0686191 Lettering, Gold Leaf, 12.00", (21-40) 1 Outline, Lettering-Outline and Shade 427 0685979 Lettering, Reflective, 16.00", Each 4 Qty, Lettering -04 Outline, Lettering-Outline 428 0686255 Lettering, Gold Leaf, 4.00", (1-20) 1 Outline, Lettering-Outline and Shade 429 0755303 Artwork File, Provided on Custom USB Drive 1 430 0666414 Emblem, Freedom Flag, Each 2 Qty,-02 Location, Emblem-each side of the cab 6/19/2023 8:28 AM Bid #: 762 Page 13 Line Option Type Option Description Qty 430 Size, Flag-9"- 11" 431 0695610 Emblem, Reflective, Per Dept. Submittal, Each 2 Qty,-02 Location, Emblem-TBD Size, Dept Seal, Reflect- 14"- 16" 432 0766493 Emblem,American Flag Muted w/Thin Red Line, Ptd Cab Grille,All Custom 1 Chassis 433 0772003 Manual, Fire Apparatus Parts, USB Flash Drive, Custom 1 Qty,-01 434 0772037 Manual, Chassis Service, USB Flash Drive, Custom 1 Qty,-01 435 0773381 Manual, Chassis Operation, (1) USB Flash Drive, Custom 1 436 0030008 Warranty, Basic, 1 Year,Apparatus, WA0008 1 437 0611136 Warranty, Chassis, 3 Year,Velocity/Impel, WA0284 1 438 0735523 Warranty, Engine, Paccar MX13, 5 Year 1 439 0684953 Warranty, Steering Gear, Sheppard M110, 3 Year WA0201 1 440 0595767 Warranty, Frame, 50 Year, Velocity/Impel, WA0038 1 441 0595698 Warranty,Axle, 3 Year, TAK-4, WA0050 1 442 0733305 Warranty, Tandem Axle, 5 Year, Mentor, General Service, WA0384 1 443 0652758 Warranty,ABS Brake System, 3 Year, Mentor Wabco, WA0232 1 444 0019914 Warranty, Structure, 10 Year, Custom Cab, WA0012 1 445 0744240 Warranty, Paint, 10 Year, Cab, Pro-Rate, WA0055 1 446 0524627 Warranty, Electronics, 5 Year, MUX, WA0014 1 447 0695416 Warranty, Pierce Camera System, WA0188 1 448 0647720 Warranty, Pierce LED Strip Lights,WA0203 1 449 0046369 Warranty, 5-year EVS Transmission, Standard Custom,WA0187 1 450 0685945 Warranty, Transmission Cooler, WA0216 1 451 0688798 Warranty, Water Tank, Lifetime, UPF, Poly Tank, WA0195 1 452 0596025 Warranty, Structure, 10 Year, Body, WA0009 1 453 0693126 Warranty,AMDOR, Roll-up Door, 10 Year/5 Year Painted, WA0185 1 454 0734463 Warranty, Pump, Waterous, 7 Year Parts, WA0382 1 455 0648675 Warranty, 10 Year S/S Pumbing, WA0035 1 456 0641372 Warranty, Foam System, Not Available 1 457 0006999 Warranty, Structure, 20 Year,Aerial Device, WA0052 1 458 0687388 Warranty, Swivels, 5 Year,Aerial Device, WA0197 1 459 0685727 Warranty, Hydraulic System and Components, 3 Year/5 Year, WA0200 1 460 0687327 Warranty, Waterway, 10 Year,Aerial Device, WA0198 1 461 0595860 Warranty, Paint, 4 Year,Aerial Device, Pro-Rated, WA0047 1 462 0553455 Warranty, Electronics, 5 Year, MUX, WA0014 1 463 0595820 Warranty, Paint, 10 Year, Body, Pro-Rate, WA0057 1 464 0595421 Warranty, Goldstar, 3 Year,Apparatus, WA0018 1 465 0683627 Certification, Vehicle Stability, CD0156 1 466 0807827 Certification, Engine Installation, VEL, Paccar MX13, 2024 1 467 0686786 Certification, Power Steering, CD0098 1 468 0892701 Certification, Cab Integrity, Impel/Velocity FR, CD0190 1 469 0548950 Certification, Cab Door Durability, Velocity/Impel, CD0001 1 470 0548967 Certification, Windshield Wiper Durability, Impel/Velocity, CD0005 1 471 0667411 Certification, Electric Window Durability, Velocity/Impel FR, CD0004 1 472 0549273 Certification, Seat Belt Anchors and Mounting, ImpNel/Vel SLT, CD0018 1 473 0735950 Certification, Cab HVAC System Peri, Vel/Imp FR, 1 CD0166/CD0168/CD0176/CD0177 474 0545073 Amp Draw Report, NFPA Current Edition 1 475 0002758 Amp Draw, NFPA/ULC Radio Allowance 1 476 0799248 Appleton/Florida BTO 1 477 0000053 Ascendant Tower 1 478 0000012 PIERCE CHASSIS 1 479 0735525 PACCAR MX13 ENGINE 1 480 0046396 EVS 4000 Series TRANSMISSION 1 481 0805943 WATEROUS PUMP S-100 AAT 1 482 0020009 POLY TANK 1 483 0028047 NO FOAM SYSTEM 1 484 0020006 SIDE CONTROL 1 6/19/2023 8:28 AM Bid #: 762 Page 14 Line Option Type Option Description Qty 485 0020007 AKRON VALVES 1 486 0020015 ABS SYSTEM 1 487 0755454 AERIAL MEDIUM 1 6/19/2023 8:28 AM Bid #: 762 Page 15 Attachment 4 Fire and Rescue Apparatus One (1) Year Material and Workmanship Basic Apparatus Limited Warranty 1.LIMITED WARRANTY as to: Subject to the limitations and exclusions set forth below,Pierce Manufacturing provides the following warranty to the Buyer: Coverage: Portions of the appartus 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: No specific exclusions apply See Also Paragraphs 2 thru 4 This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintinance 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 nonconfromity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior tot he 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. Notwithstanding anything to the contrary herein, Pierce makes no warranty whatever 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 afterrnarket 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. 2/8/2010 WA0008 Pierce Fire and Rescue Apparatus Three (3) Year Material and Workmanship Velocity and Impel Custom Chassis 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: 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 nonconfomity, 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. 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 suc 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 f 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. 7/2/2015 WA0284 Pierce 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 miles, whichever occurs first. Conditions and Exclusions: See warranty for exclusions. See Also Paragraphs 2 thru 4 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 nonconfomity, 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. Notwithistanding anything to the contary 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 dot; (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. 3/19/2021 WA0386 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 110PKG1 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 110PKG1 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 94"eveaprdy 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. 1. LIMITED WARRANTY Fire and Rescue Apparatus 4eot ted Wa'vtadtttt 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. 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. 6/29/2020 WA0384 MERITOR COMMERCIAL VEHICLE SYSTEMS WARRANTY/MODEL YEAR 2020 VEHICLES 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) 1 UnI=Unlimited P=Parts only 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-OnTrac1 (866-668-7221). 2 LINEHAUL WARRANTY INFORMATION Linehaul Vehicles •Bulk Hauler •Flatbed •Livestock Hauler •Refrigerated Freight •Chip Hauler(Truck)* •General Freight •Moving Van •Tanker •Doubles •Grain Hauler •Pipe Hauler •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 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. Front Non-Drive Steer Axles — 5/750/P&L FD-965 FF-967 MFS-12-122B-N MFS-12-132C-N MFS-13-122B-N MFS-13B-122C-N FF-941 FG-941 MFS-12-122C-N MFS-12E-132B-N MFS-13-122C-N MFS-13B-132B-N FF-942 FG-943 MFS-12E-122A-N MFS-12E-132C-N MFS-13-132B-N MFS-13B-132C-N FF-943 MFS-10-122A MFS-12E-122B-N MFS-12-143A-N MFS-13-132C-N MFS-14-122A-N FF-944 MFS-10-143A-N MFS-12E-122C-N MFS-12E-143A-N MFS-13-143A-N MFS-14-124A-N FF-961 MFS-10-144A-N MFS-12-124A-N MFS-12-144A-N MFS-13-144A-N MFS-14-143A-N FF-966 MFS-12-122A-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 Rear Drive Tandem/Tridem Axles — 5/750/P&L RS-19-144/145/A RS-21-145 RS-23-160 RT-34-144/P/A MA-40-165 MT-40-14XHE MS-19-14X RS-21-160 RS-23-161 RT-40-145/A MA-40-175 MT-40-144/P M S-21-144 M S-23-17X RS-23-186 RT-40-160/P1,2 MT-34-14X/P MT-40-943 RT-46-160/P1,2 MT-40-14T/P MT-40-943-SP RT-46-164EH/P1,2 MT-40-14X/P RZ-166 2 Drivelines RT-50-160/P1,2 MT-40-14X/P RZ-188 RPL 5/500/P, 1/Unl/P&L 1These models required for Chip Hauler and Linehaul warranty consideration. MXL 3/350/P, 1/Unl/P&L 2 Each vehicle must have a Request for Application Recommendation(RAR) 155N 1/Unl/P 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 92N 1/Unl/P further details. 3 LINEHAUL WARRANTY INFORMATION Brake Components Trailer Air Suspension Systems Cam Q Series Trailer Brakes 5/500/P, 1/100/L MPA38/40(Tandem Axle Parallelogram)1 Q+Drum BrakeTM 5/500/P, 1/Unl/P&L Major Structural Components 5/500/P, 1/100/L ASA 5/500/P, 1/Unl/P&L Curbing Damage Warranty' 5/500/P, 1/100/L Hubs/Cast Drums and Other Wheel-end Components 1/Unl/P Height Control Valve 1/100/P&L Hydraulic Disc Brakes 1/Unl/P Shock Absorbers 2/200/P&L All Other Brakes 1/Unl/P Air Springs 2/200/P, 1/100/L STEELite X30 Drum BrakeTM2 12-Years or Wearable Life/P Bushings 5/P,3/L EX+Air Disc Brake"' 5/500/P, 1/Unl/L PinLoc Air Controls 1/100/P&L EX+Air Disc Brake Extended Standard Warranty3 5/500/P&L PinLoc Actuator 3/300/P&L 1 Includes: bushing,seal,cam,ASA lubrication and wear coverage of MPA20 (Single Axle Parallelogram) 3/500/P&L. Major Structural Components 5/500/P, 1/100/L 2 Based on stamped wear diameter max. Height Control Valve 1/100/P&L 3 Applies only to MA761 friction material code CD brake assembly i.e. Shock Absorbers 2/200/P&L EX225LXXXCDXXX Air Springs 2/200/P, 1/100/L Bushings 5/P,3/L MTA (Trailing Arm) Trailer Axles Major Structural Components 5/500/P, 1/100/L Height Control Valve 1/100/P&L Beam and Brackets 5/500/P, 1/100/L Shock Absorbers 2/200/P&L Wheel End Systems1 Air Springs & Rebound Straps 2/200/P, 1/100/L Standard System2 1/100/P&L Bushings 5/500/P,3/300/L PreSet by Meritor3 5/500/P&L AxlePak54 5P/L 1Fastener torque coverage is limited to 2/Unl/P&L when torqued by Meritor AxlePak75 7P/L (For axle and ABS coverage,refer to appropriate product warranties.) 1 Includes hub,wheel seals and wheel bearings—all systems require annual 2"Curbing damage"is defined as deformation(bending,buckling,or breakage), inspections and proper documentation to ensure full coverage. caused by sudden impact with a curb or similar fixed object.Damage to the 2 When installed by Meritor. RideSentry slider box(the suspension sliding subframe,consisting of the frame 3 Requires approved hubcap stating PreSet by Meritor on hubcap face. rails,crossmembers,and central A-frame assembly),caused by accidental trailer 4 When specified with AxlePak5 wheel end system,coverage on MTIS thru-tee and impact with a curb or similar fixed object,is eligible for warranty coverage. stator is 5/Unl/P,1/Unl/L. Damage to other components or damage resulting from collision with another 5 When specified with AxlePak7 wheel end system,coverage on MTIS thru-tee vehicle,rollover or fire is not covered under this provision.Warranty is not and stator is 7/Unl/P,1/Unl/L. transferrable to another trailer VIN,and coverage does not apply if the trailer (For brake components and ABS coverage,refer to appropriate is deemed to be a total loss,scrapped,or otherwise not salvageable. product warranties.) TAG/Pusher Axles1 TQ,TQD,TR,TRD Beam and Brackets 5/750/P&L 1 For brake components and ABS Coverage,refer to appropriate product warranties. Meritor Tire Inflation System MTIS Components 5/Unl/P, 1/Unl/L 4 GENERAL SERVICE WARRANTY INFORMATION General Service Vehicles •Auto Hauler •Intercity Coach •Pipe Hauler •Tanker Trailer •Beverage Truck •Intermodal Chassis •Platform Auto Hauler •Tour Bus •Chip Hauler •Livestock Hauler •Rear Engine Integral Coach •Wrecker •Cross Country Coach •Meat Packer •Recreational Vehicles •Flatbed •Moving Van •Refrigerated Freight •Front Engine Commercial Chassis •Municipal Truck •School Bus •Front Engine Integral Coach •Newspaper Delivery •Stake Truck •General Freight •Pick-Up and Delivery •Tanker General Service Typically Is Coverage under Meritor's warranty require that the application of products be •Lower mileage operations(less than 60,000 miles/year) properly approved pursuant to OEM and Meritor approvals.Refer to TP-9441 for •Generally,on-road service (less than 10%off-road) axles,SP-8320 for trailer axles,TP-12126 for drivelines,and/or contact Meritor •An average of three (3) miles between starting and stopping regarding specific application approval questions on any product line. Front Non-Drive Steer Axles — 2/Unl/P&L FD-965 FL-943 MFS-8-163B-N MFS-12E-132B-N MFS-13-132C-N MFS-16-143A-N FF-941 MFS-6-151A-N MFS-10-122A MFS-12-132C-N MFS-13B-132B-N MFS-18-133A-N FF-942 MFS-6-153B-N MFS-10-143A-N MFS-12E-132C-N MFS-13B-132C-N MFS-18-135A-N FF-943 MFS-6-162B-N MFS-10-144A-N MFS-12-143A-N MFS-13-143A-N MFS-18-193A-N FF-944 MFS-6-153C-N MFS-12-122A-N MFS-12-144A-N MFS-13-144A-N MFS-20-133A-N FF-946 MFS-6-162C-N MFS-12E-122A-N MFS-12E-143A-N MFS-14-122A-N MFS-20-135A-N FF-961 MFS-7-113C-N MFS-12-122B-N MFS-13-122A-N MFS-14-124A-N MFS-20-192A-N FF-966 MFS-7-153C-N MFS-12E-122B-N MFS-13-122B-N MFS-14-143A-N MFS-20-193A-N FF-967 MFS-7-163C-N MFS-12-122C-N MFS-13B-122B-N MFS-14-144A-N MFS-22-135A-N FG-941 MFS-8-113B-N MFS-12E-122C-N MFS-13-122C-N MFS-16-122A-N MFS-22H-135A-N FH-941 MFS-8-143A-N MFS-12-124A-N MFS-13B-122C-N MFS-16-133A-N MFS-22-193A-N FH-9461 MFS-8-153B-N MFS-12-132B-N MFS-13-132B-N MFS-16-135A-N MFS-22H-193A-N FL-941 1 Can also be used with reduced steer angles in tag position in Coach Applications. Rear Drive Tandem/Tridem - Front Drive/Non-Drive Steer Axles — 1/Unl/P&L 3/Unl/P&L MX-08-130-FV(FSD-08A) MX-16-130-FV(FSD-16A) MX-21-130-SD (SDA-2100) RT-40-160/P RT-50-160/P MX-10-130-FV(FSD-10A) MX-18-130-FV(FSD-18A) MX-23-130-FV(FSD-23A) RT-46-160/P RZ-166 MX-12-130-FV(FSD-12A) MX-18-130-SD (SDA-1800) MX-23-130-SD (SDA-2300) RT-46-164EH/P MX-13-130-FV(FSD-13A) MX-20-130-FV(FSD-20A) MX-29-130-FV(FSD-29A) MX-14-130-FV(FSD-14A) MX-21-130-FV(FSD-21A) Rear Drive Axles — 1/Unl/P&L Rear Drive Single Axles — 2/Unl/P&L 11170 RND-14H 523 RND-16A MS-17-13X MS-21-14X RC-23-160 RS-24-160 MS-30-616-SP MS-17-14X MS-21-144 RC-23-161 RC-25-160 RS-35-380 Drivelines MS-19-13X MS-23-17X RC-23-1621 RS-26-185 71162 MS-19-14X RS-21-145/A RC-23-1651 MS-26-616 71163 RPL 4/400/P, 1/Unl/P&L RS-17-144/145/A RS-21-160 RS-23-160 MS-26-616-SP 79163 MXL 3/350/P, 1/Unl/P&L RS-19-144/145/A RC-22-145 RS-23-161 RS-30-185 155N 1/Unl/P MS-21-13X RC-22-145/A RS-23-186 MS-30-616 92N 1/Unl/P 1 3/Unl/P&L if PreSet by Meritor. Transmission — 1/Unl/P&L Rear Drive Tandem/Tridem Axles — 2/Unl/P&L 516 FAT 30 MT-34-14X/P MT-40-14XHE RT-44-145/P MT-58-616 RT-34-144/P/A MT-40-144/P RT-46-169 RT-58-1851 PTO — 1/Unl/P&L MT-40-14T/P RT-40-145/A MT-52-616 MT-70-380 MPT 318 MPT 526 MPT 1702 MT-40-14X/P MT-44-14X/P RT-52-1851 RZ-188 MPT-500 MPT-531 MPT-175 1 Each vehicle must have a Request for Application Recommendation (RAR) approved MPT-510 MPT-543 MPT-185 by Meritor prior to vehicle build.All RARs must identify the chassis number or VIN. MPT 518 MPT 170 MPT 190 Refer to Product Information Letter #303 and #396 for further details. 5 GENERAL SERVICE WARRANTY INFORMATION Brake Components Trailer Air Suspension Systems Cam Q Series Trailer Brakes 3/Unl/P, 1/Unl/L MPA38/40 (Tandem Axle Parallelogram)1 Cam P3 2/200/P Major Structural Components 5/Unl/P, 1/Unl/L Cam 3/Unl/P Curbing Damage Warranty2 5/500/P, 1/100/L Q+Drum BrakeTM 3/Unl/P&L Height Control Valve 1/Unl/P&L Q+Drum Brake TM3 2/200/P&L Shock Absorbers 2/Unl/P&L ASA 3/Unl/P Air Springs 2/Unl/P, 1/Unl/L ASA3 2/200/P Bushings 5/P,3/L Hubs/Cast Drums and Other Wheel-end Components 1/Unl/P PinLoc Air Controls 1/Unl/P&L Hydraulic Disc Brakes 1/Unl/P PinLoc Air Actuator 3/Unl/P&L All Other Brakes 1/Unl/P MPA20(Single Axle Parallelogram) STEELite X30 Drum BrakeTM2 12-Years or Wearable Life/P Major Structural Components 5/Unl/P, 1/Unl/L EX+Air Disc BrakeTM 2/Unl/P&L Height Control Valve 1/Unl/P&L 1 Includes:bushing,seal,cam,ASA lubrication and wear coverage of 1/Unl/P. Shock Absorbers 2/Unl/P&L Based on stamped wear diameter max. Air Springs 2/Unl/P, 1/Unl/L Applies to Tour Bus and Cross Country Coach only. Bushings 5/P,3/L MTA(Trailing Arm) Major Structural Components 5/Unl/P, 1/Unl/L Trailer Axles Height Control Valve 1/Unl/P&L Beam and Brackets1 5/Unl/P, 1/Unl/L Shock Absorbers 2/Unl/P&L Wheel End Systems2 Air Springs and Rebound Straps 2/Unl/P, 1/Unl/L Standard System3 1/Unl/P&L Bushings3 5/Unl/P,3/Unl/L AxlePak54 5/P&L (For axle and ABS coverage,refer to appropriate product warranties.) AxlePak75 7/P&L 1 Fastener torque coverage is limited to 2/Unl/P&L when torqued by Meritor 2"Curbing damage" is defined as deformation (bending,buckling,or breakage), 1 9000 Axl Series is 3/Unl/P,1/Unl/L 2 Includes hub,wheel seals and wheel bearings—all systems require annual 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 inspections and proper documentation to ensure full coverage. rails,crossmembers,and central A-frame assembly),caused by accidental trailer 3 When installed by Meritor. impact with a curb or similar fixed object,is eligible for warranty coverage. 4 When specified with AxlePak5 wheel end system,coverage on MTIS thru-tee and Damage to other components or damage resulting from collision with another 5 When specified with AxlePak7 wheel end system vehicle, rollover or fire is not covered under this provision. Warranty is not and stator is 7/Unl/P, 1/Unl/L. transferrable to another trailer VIN, and coverage does not apply if the trailer (For branke components and ABS coverage, refer to appropriate is deemed to be a total loss, scrapped, or otherwise not salvageable. product warrnties.) 3 Raw wood applications 3/Unl/L (For brake components and ABS coverage,refer to appropriate product warranties.) Chassis Axles (2000 Series/ChassiPak) TAG/Pusher Axles Beam & Brackets 6/Unl/P, 1/Unl/L TQ,TQD,TR,TRD Beam and Brackets' 3/Unl/P, 1/Unl/L Wheel End Systems1 MC14002,MC16003, FH946 2/Unl/P&L Standard System 1/Unl/P&L (For brake components and ABS coverage, refer to appropriate AxlePak7 7/P&L product warranties.) Beam and Brackets 7/P, 1/L 1 3/Unl/P&L if sold with PreSet by Meritor. 1 Includes hub,wheel seals and wheel bearings—all systems require annual inspections and proper documentation to ensure full coverage. Meritor® Tire Inflation System MTIS Components 5/Unl/P, 1/UnI/L 6 HEAVY SERVICE/SPECIALTY VEHICLE WARRANTY INFORMATION Heavy Service/Specialty Vehicle •Airport Rescue Fire Fighting •Dump •Michigan Special Steel Hauler •Steel Hauling (ARFF) •Equipment Hauling •Michigan Special Waste Vehicle •Tanker •Airport Shuttle* •Flatbed Trailer Hauler •Municipal Dump •Tank Truck •Asphalt Truck •Flatbed Truck •Rear Loader(Refuse) •Tractors with Pole Trailers •Block Truck •Fracturing Truck •Recycling Truck •Tractor/Trailer with Jeeps •Bottom Dump Trailer •Front Loader •Residential Pick-Up (Refuse) •Transfer Dump Combination •Geophysical Exploration •Rigging Truck •Transfer Vehicle •Cementing Vehicle •Hopper Trailer Combinations •Roll-Off •Utility Truck •Commercial Pick-Up •Landscaping Truck •Scrap Truck •Winch Truck •Concrete Pumper •Liquid Waste Hauler •Semi-End Dump •Construction Material Hauler •Log Hauling •Sewer/Septic Vacuum •Mixer •Lowboy •Shuttle Bus* •Demolition •Michigan Special Gravel Trains •Side Loader •Drill Rig •Michigan Special Log Hauler •Snowplow/Snowblower *Commercial chassis only Heavy Service/Specialty Vehicle Typically Is • Moderate mileage operation (less than 60,000 miles per year) Coverage under Meritor's warranty require that the application of products • On/Off road vocations (10% or more off road) be properly approved pursuant to OEM and Meritor approvals.Refer to •Moderate to frequent stops/starts (up to 10 stops per mile) TP-9441 for axles, SP-8320 for trailer axles, TP-121126 for drivelines, and/ or contact Meritor regarding specific application approval questions on any product line. Front Drive/Non-Drive Steer Axles — 2/Unl/P&L FD-965 FL-941 MFS-10-143A-N MFS-12-143A-N MFS-13-144A-N MFS-18-193A-N MX-12-120 FF-941 FL-943 MFS-10-144A-N MFS-12-144A-N MFS-13-155 MFS-20-133A-N MX-12-120 EVO FF-942 MFS-6-151A-N MFS-12-122 MFS-12-155 MFS-14-122 MFS-20-135A-N MX-14-120 FF-943 MFS-6-153B MFS-12E-122 MFS-13-122 MFS-14-124A-N MFS-20-192A-N MX-16-120 FF-944 MFS-6-162B MFS-12-122B-N MFS-13-122B-N MFS-14-143A-N MFS-20-193A-N MX-18-120 FF-946 MFS-6-162C MFS-12E-122B-N MFS-13B-122B-N MFS-14-144A-N MFS-22-135A-N MX-17-140 FF-961 MFS-7-113C-N MFS-12-122C-N MFS-13-122C-N MFS-16-122A-N MFS-22H-135A-N MX-19-140 FF-966 MFS-7-153C-N MFS-12E-122C-N MFS-13B-122C-N MFS-16-133A-N MFS-22-193A-N MX-21-140 FF-967 MFS-7-163C-N MFS-12-124A-N MFS-13-132B-N MFS-16-135A-N MFS-22H-193A-N MX-21-160 FG-941 MFS-8-113B-N MFS-12-132B-N MFS-13B-132B-N MFS-16-143A-N RF-16-145 MX-23-160 FG-943 MFS-8-153B-N MFS-12E-132B-N MFS-13-132C-N MFS-18-133A-N RF-21-160 MX-810 FH-941 MFS-8-163B-N MFS-12-132C-N MFS-13B-132C-N MFS-18-135A-N MX-10-120 FH-946 MFS-10-122A MFS-12E-132C-N MFS-13-143A-N MFS-18-192A-N MX-10-120 EVO Front Drive/Non-Drive Steer Axles — 1/Unl/P&L Rear Drive Axles — 1/Unl/P&L MX-08-130-FV(FSD-08A) MX-16-130-FV(FSD-16A) MX-21-130-SD (SDA-2100) 11170 RND-14H MX-10-130-FV(FSD-10A) MX-18-130-FV(FSD-18A) MX-23-130-FV(FSD-23A) 523 RND-16A MX-12-130-FV(FSD-12A) MX-18-130-SD (SDA-1800) MX-23-130-SD (SDA-2300) Drivelines MX-13-130-FV(FSD-13A) MX-20-130-FV(FSD-20A) MX-29-130-FV(FSD-29A) MX-14-130-FV(FSD-14A) MX-21-130-FV(FSD-21A) RPL 3/Unl/P, 1/Unl/P&L 92N 1/Unl/P&L Rear Drive Single Axles — 2/Unl/P&L MXL 1/unl/P&L MS 17 14X RS 21 160 RS 24 160 MS 35 380 Transmission — 1/Unl/P&L RS-17-144/145/A RC-22-145 RS-25-160 RS-38-380 516 MS-19-14X RC-23-160 MS-26-616 RC-25-160 FAT 30 RS-19-144 RH-23-160 MS-26-616-SP RC-26-633 PTO — 1/Unl/P&L MS-21-114 RS-23-160 RS-26-185/380 MT-58-616 MS-21-14X RC-23-161 MS-30-616 MT-58-616-SP MPT-318 MPT-526 MPT-1702 RS-21-145 RS-23-161 MS-30-616-SP MPT-500 MPT-531 MPT-175 RS-21-145/A RS-23-186/380 RS-30-185/380 MPT-510 MPT-543 MPT-185 MPT-518 MPT-170 MPT-190 7 HEAVY SERVICE/SPECIALTY VEHICLE WARRANTY INFORMATION Rear Drive Tandem/Tridem Axles— 2/UnI/P&L MT-34-14X/P RT-44-145/P RT-52-185/3801,2 MT-70-380 RT-34-144/P/A RT-46-169 MT-58-616 RZ-188 MT-40-14X/P RT-58-160 MT-58-616-SP RT-40-145/A MT-52-616 RT-58-185/3801,2 MT-44-14X/P MT-52-616-SP RT-70-380 1 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 Rear Drive Tandem/Tridem - Trailer Air Suspension Systems Cam P 3/UnI/P MTA(Trailing Arm) Cam P3 2/100/P RT-40-160/P/A3 Major Structural Components1 5/UnI/P, 1/UnI/L Cam Cast PIusTM 2/100/P&L RT-46-160/P/A1,3 Height Control Valve 1/UnI/P&L Q+Drum BrakeTM 3/UnI/P&L RT-46-164EH/P/A2.3 Shock Absorbers 2/UnI/P&L Q+Drum BrakeTM2 2/100/P&L RT-50-160/P/A3 Air Springs 2/UnI/P, 1/UnI/L ASA 3/UnI/P RZ-166 Bushings1 5/UnI/P,3/UnI/L ASA2 2/100/P 1 U.S.only.Canadian warranty=1/UnI/P for 1 Raw wood applications 3/UnI/P,1/UnI/L Hubs/Cast Drums and combination vehicles only. (For axle and ABS coverage,refer to appropriate Other Wheel-end 2 Axle model designated will vary according to options product warranties.) Components 1/UnI/P and variations specified on these axles.Contact Meritor Axle Applications Engineering for details. Hydraulic Disc Brakes 1/UnI/P 3 Each vehicle must have a Request for Application Trailer Axles All Other Brakes 1/UnI/P Recommendation (RAR) approved by Meritor prior EX+Air Disc Brake 2/100/P&L to vehicle build.All RARs must identify the chassis Beam and Brackets1 5/UnI/P, 1/UnI/L 1 Based on stamped wear diameter max. number or VIN.Refer to Product Information Letter Wheel End Systems2 2 Applies to City Bus,Trolley,Shuttle Bus and Airport #303 and #396 for further details. Shuttle only. Standard System3 1/UnI/P&L 3 Warranty for all non-Meritor ASAs supplied by 1 9000 Series is 3/UnI/P,1/Unl/L. 3Warranty for all non-Meritor ASAs supplied by 2 Includes hub, wheel seals and wheel bearings--all Meritor for all Heavy Service vocations is 1/100/P. Meritor Tire Inflation System systems require annual inspections and proper documentaton to ensure full coverage. MTIS Components 5/UnI/P, 1/UnI/L 3 When installed by Meritor. (For brake components and ABS coverage, refer to appropriate product warranties.) Gearboxes — 1/UnI/P&L MGX-240 MGX-376 MGX-448 MGX-506 MGX-528 MGX-546 MGX-279 MGX-377 MGX-456 MGX-514 MGX-533 MGX-550 MGX-279D MGX-378 MGX-478 MGX-519 MGX-534 MGX-280 MGX-380 MGX-480 MGX-520 MGX-536 MGX-285 MGX-384 MGX-487 MGX-522 MGX-537 MGX-292 MGX-402 MGX-488 MGX-524 MGX-541 MGX-314 MGX-413 MGX-505 MGX-527 MGX-545 Transfer Cases — 1/UnI/P MTC-4213 MTC-3118-CV(358) MTC-3209-GV(RTC-60/420) MTC-4210 MTC-3120-FV(TC-143) MTC-3209-GV(RTC-60/380) MTC-4208 MTC-3124(T-2119) MTC-3209-GV(MTC-60/420) MTC-4206-FV(TC-38) MTC-3205-GV(MTC-25/247) MTC-3209-GV(MTC-60/380) MTC-3106-FV(TC-137) MTC-3205-GV(MTC-25/350) MTC-3212-CV(315&548B) MTC-3111(T-2111) MTC-3205-GV(RTC-25/350) MTC-3312-FV(TC-270) MTC-3112-CV(529&548C) MTC-3206-FV(TC-237) MTC-3220-FC(TC-142) MTC-3116(T-2111) MTC-3206-CS(544) MTC-2212-CV(306) MTC-3118-FV(TC-180&TC-180-23) MTC-3208-GV(RTC-50) 8 FIRE AND EMERGENCY WARRANTY INFORMATION Fire and Emergency Vehicles ■Aerial Ladder Truck ■Pumper ■Aerial Platform ■Rapid Intervention Vehicle (RIV) ■Ambulance ■Tanker ■Command Vehicle ■Crash Fire Rescue (CFR) Fire and Emergency Typically Is Coverage under Meritor's warranty require that the application of products be ■Lower mileage operations(less than 20,000 miles/year) properly approved pursuant to OEM and Meritor approvals.Refer to TP-9441 for ■Generally,on-road service(less than 10%off-road) axles,TP-12126 for drivelines,and/or contact Meritor regarding specific ■An average of three (3) miles between starting and stopping application approval questions on any product line. Front Non-Drive Steer Axles — 5/Unl/P&L Brake Components FL-941 MFS-18-193A-N MFS-22-135A-N Cam 3/Unl/P FL-943 MFS-20-133A-N MFS-22H-135A-N Q+Drum BrakeTM 3/Unl/P&L MFS-18-133A-N MFS-20-135A-N MFS-22-193A-N ASA 3/Unl/P MFS-18-135A-N MFS-20-193A-N MFS-22H-193A-N Hubs/Cast Drums and Other Wheel-end Components 1/Unl/P Hydraulic Disc Brakes 1/Unl/P All Other Brakes 1/Unl/P Front Drive Steer Axles— 2/Unl/P&L EX+Air Disc BrakeTM 2/Unl/P&L 1 Includes: bushing, seal, cam, ASA lubrication and wear coverage of 1/Unl/P. MX-19140 MX-21160 MX-23810 MX-21140 MX-23160 Drivelines RPL 4/400/P, 1/Unl/L Rear Drive Single Axles — 5/Unl/P&L MXL 3/350/P, 1/Unl/L RC-23-160 RS-23-186 RS-26-185 RS-25-160 155N 1/Unl/P RS-23-160 RS-24-160 RS-30-185 92N 1/Unl/P RS-23-161 RC-25-160 RS-35-380 1 3/Unl/P&L if PreSet by Meritor. Transfer Cases — 1/Unl/P Rear Drive Tandem/Tridem Axles— 5/Unl/P&L MTC-4208 MTC-3111 (T-2111) MTC-4210 MTC-3116(T-2111) MT-40-14X/P RT-44-145/P MT-52-616 MTC-4213 MTC-3124(T-2119) MT-40-144/P RT-46-160/P RT-52-1851 RT-40-145/A RT-46-164EH/P MT-58-616 RT-40-160/P RT-46-169 RT-58-1851 MT-44-14X/P RT-50-160/P 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. 9 TRANSIT BUS WARRANTY INFORMATION Transit Bus Vehicles ■Airport Shuttle ■Shuttle Bus ■City Bus ■Transit Bus ■Commuter Coach ■Trolley Transit Bus Typically Is Coverage under Meritor's warranty require that the application of products ■Moderate mileage operation (less than 50,000 miles per year) be properly approved pursuant to OEM and Meritor approvals. Refer to TP- ■Moderate to frequent stops/starts(up to 10 stops per mile) 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/Unl/P, 1/Unl/L FH-941 1 MFS-13-155 92N 1/Unl/P&L 1 Commuter coach only—2/Unl/P&L MXL 1/Unl/P&L Rear Drive Single Axles — 5/300/P&L Tag Axles — 2/Unl/P&L RS-23-160 79163 RS-21-160 MC-14002 RC-23-161 RC-23-1621 MC-16003 71163 RC-23-1651 FH-946 1 Commuter coach only—2/UnI/P&L Brake Components Center Non-drive Axles — 5/300/P&L Cam Cast PIusTM 2/100/P&L MC-26000 Q+Drum BrakeTM1 2/100/P&L 71063 ASA1 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 ■Yard Jockey ■Specialized Mining ■Rail Car Mover ■Port Tractor ■All-Terrain Crane ■Excavator ■Loader ■Rail Yard Spotter ■Rough Terrain Crane ■Compactor ■Tow Tractor ■Roll-On/Roll-Off ■Forestry ■Fertilizer Spreader ■Pushback Tractor ■Stevedoring Tractor ■Material Handling ■Snow Blower ■Trailer Spotter ■Specialized Heavy Haul ■Mining Industrial And Off-Highway Service Typically Is ■Low mileage operation Coverage under Meritor's warranty require that the application of products be ■Low speed vehicle speed restriction properly approved pursuant to OEM and Meritor approvals.Contact Meritor regarding ■Vehicles are not typically licensed for highway use specific application approval questions on any product line. ■Six (6) starts/stops per mile (typical) Drivelines— 1/Unl/P RPL MXL Front Non-Drive Steer Axles — 1/Unl/P Brake Components FF-941 MFS-12-144A-N MFS-18-193A-N Cam P 3/Unl/P FF-943 MFS-13-143A-N MFS-20-133A-N Q+Drum BrakeTM 3/Unl/P&L FF-961 MFS-13-144A-N MFS-20-135A-N ASA 3/Unl/P FF-966 MFS-14-143A-N MFS-20-192A-N Hubs/Cast Drums and Other Wheel-end Components 1/Unl/P FG-941 MFS-16-122A-N MFS-20-193A-N Hydraulic Disc Brakes 1/Unl/P FG-943 MFS-16-133A-N MFS-22-135A-N All Other Brakes 1/Unl/P 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 Planetary Axles — 1/Unl/P MFS-12-143A-N MFS-18-135A-N MON-ZO FAMILY MOB MOF MOS MOZ MOC MOG MOT MOD MOH MOX MOE MOR MOY Gearboxes — 1/Unl/P&L MGX-240 MGX-376 MGX-448 MGX-506 MGX-528 MGX-546 MGX-279 MGX-377 MGX-456 MGX-514 MGX-533 MGX-550 MGX-279D MGX-378 MGX-478 MGX-519 MGX-534 MGX-280 MGX-380 MGX-480 MGX-520 MGX-536 MGX-285 MGX-384 MGX-487 MGX-522 MGX-537 MGX-292 MGX-402 MGX-488 MGX-524 MGX-541 MGX-314 MGX-413 MGX-505 MGX-527 MGX-545 Transfer Cases — 1/Unl/P MTC-4213 MTC-3116 (T-2111) MTC-3205-GV (RTC-25/350) MTC-3209-GV (MTC-60/380) MTC-4210 MTC-3118-FV (TC-180 & TC-180-23) MTC-3206-FV (TC-237) MTC-3212-CV (315 & 548B) MTC-4208 MTC-3118-CV (358) MTC-3206-CS (544) MTC-3312-FV (TC-270) MTC-4206-FV (TC-38) MTC-3120-FV (TC-143) MTC-3208-GV (RTC-50) MTC-3220-FC (TC-142) MTC-3106-FV (TC-137) MTC-3124 (T-2119) MTC-3209-GV (RTC-60/420) MTC-2212-CV (306) MTC-3111 (T-2111) MTC-3205-GV (MTC-25/247) MTC-3209-GV (RTC-60/380) MTC-3112-CV (529 & 548C) MTC-3205-GV (MTC-25/350) MTC-3209-GV (MTC-60/420) 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. 1), 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 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 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/Un/L 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 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 Components1 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 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. 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. 1. LIMITED WARRANTY Fire and Rescue Apparatus 54 Months Material and Workmanship Camera System 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 WA0203 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. Effective 1 August, 2009 LIFETIME SERVICE WARRANTY United Plastic Fabricating, Inc. (hereinafter called "UPF") warrants each POLY -TANK®, Booster/Foam Tank POLYSIDE® Wetside Tank, Integrator Tank/Body, ELLIPSETM Elliptical Tank, Ellip-T-Tank Tank and DEFENDERTM Skid Tank to be free from defects in material and workmanship for the service life of the original vehicle (vehicle must be actively used in an emergency re- sponse for fire suppression). All UPF Tanks must be installed and operated in accordance with the UPF Installation and Operating Guidelines. Failure to do so can void the warranty. Every UPF Tank is inspected and tested before leaving our facility. Should your UPF Tank require service, please notify UPF via email, fax, in writing or by calling UPF at 1-978-975-4520. Please provide the serial number, a de- scription of the service request, the location along with the phone number and name of the contact person. Our goal is to have scheduled work completed within a reasonable time period. Under a valid warranty claim, UPF will cover the cost to repair the UPF Tank including the customary and reasonable costs to make the tank accessible such as the removal and reinstallation of the tank if authorized in advance (pre -approved) by UPF. The warranty will not cover tanks that have been im- properly installed, operated, misused, abused, or modified from its intended or designed use. Serial number must not have been altered, defaced or re- moved. Tanks that are not stored or installed properly which results in the tank suffering UV damage will not be covered by this agreement. Should UPF determine that the service claim is valid under this warranty for a tank located outside of the United States and Canada, UPF will assume the costs for labor and material for the warranty repair as described above plus all travel costs to the U.S. port of embarkation. Costs for airline travel outside of the U.S. and Canada will not be the responsibility of UPF. In the event the tank shall become stationed in an area of the world that is considered to be a war zone or where unsafe conditions exist for the safe passage of United States Nationals, as reported by the United States Depart- ment of State, (http://www.state.gov), and a request to perform service or warranty repairs, UPF reserves the right to refuse to honor such requests. It is the purchaser's responsibility to relocate the tank to an area where such repairs can be performed without undue risk to UPF employees or their des- ignee. UPF will make every reasonable effort to support our products though alternative means. For Ellipse TM elliptical tanks, a separate five year warranty provided by the subcontractor is applied to the sub -frames, chute linings (rubber isolation strips) and metal components. The stainless steel wrap provided by UPF shall be warranted by the subcontractor performing the wrap installation in accordance with their warranty in place at the time of the installation. UPF will not be liable for any warranty costs associated with the wrap, sub -frames, chute linings (rubber isolation strips) and metal components but will assist with all claims on behalf of its customer. For PolySide® wetsided tanks and IntegratorTM Tank/Body units, all polypro- pylene components related to the tank shall carry the standard UPF lifetime Continued on back UNITED PLASTIC FABRICATING, INC. WARRANTY FOR: POLY-TANKr, POLYSIDEr, INTEGRATORTM, ELLIPSETM, ELLIP-T-TANKTM & DEFENDERTM service warranty. Other polypropylene components, including but not limited to compartments, wheel wells, fenders and other body related components shall be warranted by UPF for a period of ten years. The warranty for the PolySide® and IntegratorTM units excludes paint or hardware, which shall be covered by the manufacturer of the paint/hardware. All UPF tanks 50 gallons or less utilized for non -fire applications and installed on specialty vehicles such as ATVs, trailers, boats, etc. are covered under a separate warranty policy available from UPF. Further, UPF ProtectorTM foam and water trailers are warranted under a separate warranty policy available from UPF. This UPF warranty is transferable within the United States only with prior writ- ten approval by UPF (except an original apparatus manufacturer may assign this warranty to the first titled owner/lessee of the apparatus). UPF will NOT reimburse any unnecessary work and/or work that has not been pre -approved. Any and all third party charges must be pre - authorized and approved in writing by UPF prior to commencing the {Hightlighted-Red} work. Any unauthorized third party repairs, alterations, actions or modi- fications will not be covered and can void the warranty. UPF will be the sole determining authority as to whether a service claim will be valid and covered under this warranty. In no event will UPF be liable for an amount in excess of the purchase price of the booster/foam tank at the time of manufacture or for any loss or dam- age, whether direct, indirect, incidental, consequential, or otherwise arising out of failure of its product. Loss of contents (water, foam, etc.) shall not be the responsibility of UPF. Further, UPF is not responsible for costs associated with service repairs to chassis, sub -frames, bodies, valves, dumps, hoses, pressure vacuum vents, and other components (i.e. liquid level transducers, etc.). Further, UPF will not cover the cost for travel of the vehicle to and from a repair facility. This warranty contains the entire warranty. It is the sole warranty and price agreements or representation, whether oral or written, are either merged herein or expressly cancelled. UPF neither assumes, nor authorizes any per- son supposing to act on its behalf to change, nor assume for it, any warranty or liability concerning its product. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state. Some states do not allow exclusion or limitation or incidental or consequential damage, so the above limitation or exclusion may not apply to you. Since some states do not allow limitations on the length of an implied warranty, the above limitation may not apply to you. THERE ARE NO WARRANTIES, EXPRESSED OR IMPLIED, WHICH EX- TEND BEYOND THE DESCRIPTION OF THE FACE HEREOF. THERE IS NO EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR A {Highlughted-Red} WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. ADDITION- ALLY, THIS WARRANTY IS IN LIEU OF ALL OTHER OBLIGATION OR LIABILITIES ON THE PART OF UPF. POLY -TANK®,& POLYSIDE® are registered trademarks of UPF, Inc. INTEGRATOR'', ELLIPSE", ELLIP-T-TANK'" & DEFENDER'"" are trademarks of UPF, Inc. © 08/01 /09 UPF, Inc. Printed in the USA PIERCE MANUFACTURING INC. Pierce BULLETIN TO: All Dealer Service Representatives From: Kevin Hanegraaf DATE: January 4, 2010 RE: UPF Tank Warranty Policy — Truck in Accident Service Topic #292 To keep the UPF tank warranty valid on trucks that have been involved in a vehicular accident, it is UPF's policy that the customer must remove the tank from the truck and send it back to one of UPF's facilities for inspection. In the event that this does not take place, the warranty will be considered null and void. The customer must remove and send the tank back to UPF for inspection in order to maintain the original warranty coverage, at which time it will be: - Filled with water - Visually inspected - Ultraviolet spark tested on articulating test stand in the dark - Recommendation for repairs if necessary provided by UPF - Fully evaluated and repaired by UPF If your customer chooses to leave the tank on the truck and wants a technician to inspect and/or repair the tank in the field, then the warranty is no longer in effect. This direction is upheld by UPF because the technician cannot inspect the entire tank when it is still installed on the truck. Note: This memo is intended to relay the information Pierce has received on UPF's tank warranty for trucks that are in a vehicular accident. In the event of an actual claim, we direct you to consult with UPF's service Manager Maura Watts (800-638-8265 x253) 2600 AMERICAN DRIVE • APPLETON, WI 54912 -2017 • 920-832-3000 Pierce Fire and Rescue Apparatus Ten (10) Year Structural Integrity Apparatus 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: Ten (10) 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 WA0009 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. Effective March 15, 2010 AMDOR SPECIALTY ROLL - UP DOORS AMDOR Inc. TERMS OF BUSINESS AND GENERAL INFORMATION Warranty All AMDOR Inc. roll -up door products are warranted for a period of 10 years from the date of delivery (with the exception of wet paint adhesion - please see below). AMDOR Inc. liability covers the replacement or repair of any component that fails due to defects in material and / or workmanship during the coverage period. We accept no liability for claims made for damages to any part (or parts) of a vehicle and / or machine (of any type) or injury claims by a person or persons assumed or alleged to have been brought about by the use or misuse of any product supplied by AMDOR Inc. Warranty coverage does not extend to door attachments including (but not limited to) decals, emblems, stripes and adhesives. In order to initiate the claims process please contact your authorized representative of AMDOR Inc. Warranty claims must be accompanied by a written description providing full and reasonable details as to the nature of the defect. Upon receipt of your claim arrangements will be made to inspect the defective product (if necessary). Justified warranty claims will be repaired, exchanged, or credited to the customer's account at AMDOR Inc.'s discretion. All warranty claims must be approved in writing by the Customer Service Manager for AMDOR Inc. There are no exceptions to this clause. Limited warranty coverage includes the labor associated with the disassembly and assembly of products deemed to be defective by AMDOR Inc. Labor allowances are based on a set time schedule as determined by AMDOR Inc. The maximum allowable hourly labor rate is $ 50. All warranty labor claims must be approved in writing by an authorized representative of AMDOR Inc. prior to commencement of work. Allowances for removal and installation: Curtain replacement: Balancer replacement: Door ajar switch Bottom Panel Assembly: Slat replacement: Door removal and replacement 3/4 hour 1 hour 3/4 hour 1/2 hour 3/4 hour 1 1/2 hours Items authorized for return must be accompanied by a Return Goods Authorization (RGA) number. We will accept collect shipments of items deemed to be defective provided that they are returned via the most economical carrier. Should items be returned by means other than the most economical carrier the difference will be charged back to the sender. AMDOR Inc. reserves the right to reject any claim when a product has been opened, interfered with or modified. Claims may also be rejected when damage to the product (or any sub-assembly) has been brought about by accident, misuse, abuse, vandalism, incorrect installation, temperature extremes, chemical exposure or any factor other than regular operating conditions. Limited Wet Paint Match Adhesion Warranty AMDOR Inc. warrants wet paint finishes applied by AMDOR utilizing our approved factory paint specification. All wet paint match colors must be approved in writing by an authorized OEM representative. AMDOR Inc. will provide a color spray out for this purpose. The time required for shipping and consideration of initial color spray outs will be considered over and above stated lead times. Warranty coverage will extend for a period of not less than 5 years from the date of delivery as determined by AMDOR Inc.'s Packing Slip. AMDOR reserves the right to determine whether individual units will be replaced and / or repaired by an AMDOR approved vendor. An allowance will be made for labor associated with the disassembly and assembly of individual units at the prescribed hourly rate of $ 50 per hour. Compensation for labor will not exceed the maximum time allowance permitted for door removal and replacement. Written approval including specified allowance for time must be obtained from AMDOR prior to initiating work. Warranty coverage will extend to the following visible paint system defects: 1./ Loss of mechanical adhesion as evidenced by peeling, cracking or blistering which exposes the substrate material. 2./ Corrosion of the substrate due to paint system failure. 3./ Fading which results in a substantial departure from the primary AMDOR approved body color. Wet paint adhesion limited warranty coverage will be excluded when damages to the system are determined by AMDOR Inc. to be a result of the following: 1./ Damage caused through the use of attachments including (but not limited to) decals, labels, adhesives, non factory approved coatings. 2./ Loss of gloss, discoloration or damage due to improper maintenance (including but not limited to) mechanical wash systems, pressure washers, steam cleaners, non approved wash or polishing agents. 3./ Abuse, acts of nature, excessive heat / cold, chemical exposure, vandalism and / or accidents. 4./ Scratches, chips, abrasions, or dents from any source. This document supercedes all previous written and / or verbal warranties provided by AMDOR Inc. and / or it's affiliates. Waterous Seven -Year Limited Warranty WATEROUS warrants, to the original Buyer only, that products manufactured by WATEROUS will be free from defects in material and workmanship under normal use and service for a period of seven (7) years from the date the product is first placed in service, or seven and one-half (7-1/2) years from the date of shipment by WATEROUS, whichever period shall be the first to expire; provided the Buyer notifies WATEROUS, in writing, of the defect in said product within the warranty period, and said product is found by WATEROUS to be nonconforming with the aforesaid warranty. When required in writing by WATEROUS, defective products must be promptly returned by Buyer to WATEROUS at WATEROUS' plant at South St. Paul, Minnesota, or at such other place as may be specified by WATEROUS, with transportation and other charges prepaid. A Returned Material Authorization (RMA) is required for all products and parts and may be requested by phone, fax, email, or mail. The aforesaid warranty excludes any responsibility or liability of WATEROUS for: (a) damages or defects due to accident, abuse, misuse, abnormal operating conditions, negligence, accidental causes, use in non -firefighting applications, or improper maintenance, or attributable to written specifications or instructions furnished by Buyer; (b) defects in products manufactured by others and furnished by WATEROUS hereunder, it being understood and agreed by the parties that the only warranty provided for such products shall be the warranty provided by the manufacturer thereof which, if assignable, WATEROUS will assign to Buyer, if requested by Buyer; (c) any product or part, altered, modified, serviced or repaired other than by WATEROUS, without its prior written consent; (d) the cost of dismantling, removing, transporting, storing, or insuring the defective product or part and the cost of reinstallation; and (e) normal wear items (packing, strainers, filters, light bulbs, anodes, intake screens, mechanical seals, etc.). ALL OTHER WARRANTIES ARE EXCLUDED, WHETHER EXPRESS OR IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT, WHETHER AS A RESULT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, SHALL WATEROUS BE LIABLE FOR ANY PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR PERSONAL INJURY OR PROPERTY DAMAGES. The exclusive remedy of Buyer and the sole liability of WATEROUS, whether based on contract, warranty, tort or any other basis of recovery whatsoever, is expressly limited at the election of WATEROUS to: (a) the replacement at the agreed point of delivery of any product or part, which upon inspection by WATEROUS or its duly authorized representative, is found not to conform to the limited warranty set forth above, or (b) the repair of such product or part, or (c) the refund or crediting to Buyer of the net sales price of the defective product or part. BUYER'S REMEDIES CONTAINED HEREIN ARE EXCLUSIVE OF ANY OTHER REMEDY OTHERWISE AVAILABLE TO BUYER. Waterous Company 125 Hardman Avenue South South St. Paul, MN 55075 USA www.waterousco.com WATEROUS F-2891 (04/15/20) Fire and Rescue Apparatus Ten (10) Year Material and Workmanship Stainless Steel Piping Limited Warranty 1. LIMITED WARRANTY Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: Coverage: Stainless steel piping shall be free from structural failures caused by defects in material and workmanship, or perforation caused by corrosion. 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 Pierce's obligation under this warranty is limited to repairing or replacing without charge, as Pierce may elect, the stainless steel piping or components which Pierce determines to have failed due to defective material and workmanship, or perforation caused by corrosion. This warranty does not cover the use of fluoroprotein (FP) type foam. The sodium chloride within FP foam can cause long-term damage to system components if not thoroughly flushed immediately after use. 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. 3/22/2012 WA0035 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 Twenty (20) Year Structural Integrity Pierce Aerial Device 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 new Pierce Aerial Device shall be free from defects in material and workmanship. Aerial Device Models Covered by this warranty include: Aerial Platforms Aerial Ladders SkyBoom Warranty Begins: The date of the original purchase invoice (issued when the product ships from the factory). Warranty Period Ends After: Twenty (20) Years - or - 100,000 Miles Conditions and Exclusions: See Also Paragraphs 2 thru 4 This warranty applies only to the torque box, turntable, aerial sections and other structural components of the aerial device, as identified in the Pierce specifications for the aerial device. This warranty shall be void if, or to the extent that the aerial device is not maintained in strict compliance with NFPA Standard 1911 in effect at time of sale, including such periodic inspections and testing by qualified third parties as are required by that Standard as it may be in effect from time to time. Proof of such compliance shall accompany any claims under this warranty. Third party testing agencies known to Pierce to be qualified for such purposes may be obtained from the Pierce Customer Service Department 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. 10/23/2013 WA0052 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. AMITY FIRE AND SAFETY, INC. 3750 CHESTNUT ROAD ALBURTIS, PA 18011-0451 Phone: 610-966-3115 Fax: 610-965-6313 * STANDARD FIVE YEAR WARRANTY * (standard warranty is in effect for parts shipped after 4/15/10) Three Function Swivel A. PRESHIPMENT TESTING The Three Function Swivel fabricated by Amity which is exposed to pressure during normal use is subject to final inspection using the following pressure minimums: 1. Hydrostatic applications will be tested to 400 PSI unless specified otherwise on approved drawings. Operating pressures on installed systems are not to exceed 250 PSI at any point in the system. Warranty will be voided and Amity will not be held liable for failure and/or damage occurring from Water Hammering or freezing of water in any system. 2. Hydraulic applications will be tested to 4000 PSI. System operating pressure in application to be 3000 PSI maximum. 3. Dielectric and Continuity Test all circuits. 30 Amp max current loading. B. THREE FUNCTION SWIVEL MAINTENANCE — Our Three Function Swivel has been fully tested at assembly. Under no circumstances is there to be any maintenance performed internally or externally to the Three Function Swivel by Purchaser or any other third party other than an authorized representative of or Amity itself. The Three Function Swivel is sealed and must remain so. The Three Function Swivel is designed for a long maintenance free life. Should any problems occur or replacement be necessary, first contact Amity. There is to be no field maintenance performed on the Three Function Swivel . C. MOUNTING REQUIREMENTS — The following are the mounting requirements for the Three Function Swivel: 1. Mounting points and methods are to be determined at the initial design stage. All drawings and applicable documentation must be signed off by both parties and filed for future reference. No deviation to the approved mounting is allowed without approval from Amity. 2. The Three Function Swivel is to be mounted concentric to the center of the turntable bearing. 3. All inlet and outlet plumbing to conform to swivel mounting, under no circumstances is the Three Function Swivel to be positioned to match connections. This will avoid putting excessive loads on the Three Function Swivel. All tubing or piping to be supported by means other than the Three Function Swivel. D. LIMITED WARRANTY, LIMITATIONS, CONDITIONS AND PROCEDURES REQUIRED. 1. The Three Function Swivel is warranted to be free of defects in labor and/or materials for a period of five (5) years from the Date of Service. For purposes here, "Date of Service" shall mean the date when the Three Function Swivel, or the unit to which the Three Function Swivel is incorporated, passes final Underwriters Laboratory testing, or similarly compliant testing, and is certified for service. Evidence of such Date of Service shall be required in connection with any warranty claim by Purchaser. 2. The Three Function Swivel shall be repaired or replaced at the sole option and expense of the Amity provided the Three Function Swivel alleged to be defective was used for its intended normal use of operation and subject to the following qualifications and limitations. 3. Any alteration of the Three Function Swivel without consent from Amity is strictly forbidden and shall void warranty. 4. No welding shall be performed on finished Three Function Swivel. 5. No responsibility is assumed for any malfunctions or damages which are occasionally caused by foreign objects which may be ingested into water or hydraulic systems such as, but not limited to stones, sand or metal chips. 6. Amity assumes responsibility for our Three Function Swivel, which is defective only, and therefore, it will not assume responsibility for labor to either remove or install our Three Function Swivel unless it agrees in writing to assume such responsibility. 7. Unless otherwise approved in writing by the Amity all returns of defective Three Function Swivels (or allegedly defective Three Function Swivels) are at Purchaser's expense and must include a RGA number issued by the Amity. {00046826;v2} 8. All warranty claims must be presented at the time the problem occurs, or as soon as practical thereafter, either called or faxed to the Amity and include the numbers on the assembly's Amity's label with a detailed explanation of the difficulty in order for the matter to be appropriately evaluated and resolved. 9. Amity will not be held liable for damage incurred during shipment. 10. No responsibility shall be assumed for misuse or improper mounting, unreasonably use or abuse of the Three Function Swivel and or failure to provide or use improper maintenance, failure to follow written installation and use in instruction or any use other than the customary designed use. THE REMEDIES PROVIDED IN THE ABOVE EXPRESS LIMITED WARRANTY AND ARE THE SOLE AND EXCLUSIVE REMEDIES AVAILABLE. NO OTHER EXPRESS WARRANTIES ARE MADE. ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE ARE LIMITED IN DURATION AS SET FORTH ABOVE. IN NO EVENT SHALL THE AMITY ASSUME OR BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE WITHIN DESCRIBED WARRANTY SHALL ONLY BE AFFORDED TO THE ORIGINAL PURCHASER OR FOR INCORPORATION INTO ANOTHER UNIT AND TO FIRST PURCHASER AS PART OF COMPLETED UNIT, HOWEVER, THE WARRANTY PERIOD OF FIVE YEARS IS FROM THE DATE OF SERVICE WITH THE UNDERSTANDING IT IS INSTALLED WITHIN A REASONABLE TIME PERIOD. Dated: , 20 {00046826;v2} Fire and Rescue Apparatus Five (5) Year Material and Workmanship Aerial Hydraulic System Components Three (3) Year Material and Workmanship Aerial Hydraulic System Seals 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 aerial hydraulic system components and seals shall be free from component or structural failures caused by defects in material and/or 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 and Three (3) Years Conditions and Exclusions: See Also Paragraphs 2 thru 4 Pierce's obligation under this warranty is limited to repairing or replacing without charge, as Pierce may elect, the hydraulic lines, fittings, valves, seals, cylinders, filters, pumps, hydraulic motors, rotary actuators, or components which Pierce determines to have failed due to defective material and workmanship. This warranty shall not apply unless the aerial device is inspected in accordance with NFPA 1911 Standard for Inspection, Maintenance, Testing, and Retirement of In - Service Automotive Fire Apparatus and the applicable Pierce Operator and Maintenance Manuals. 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. 6/28/2011 WA0200 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 lime 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. AMITY FIRE AND SAFETY, INC. 3750 CHESTNUT ROAD ALBURTIS, PA 18011-0451 Phone: 610-966-3115 Fax: 610-965-6313 * STANDARD TEN YEAR WARRANTY * (standard warranty is in effect for parts shipped after 4/15/10) Telescopic Waterways A. PRESHIPMENT TESTING All waterways fabricated by Amity are final inspected using the following pressure minimums: 1. Hydrostatic applications will be tested to 400 PSI unless specified otherwise on approved drawings. Operating pressures on installed systems are not to exceed 250 PSI at any point in the system. Warranty will be voided and Amity will not be held liable for failure and/or damage occurring from Water Hammering or freezing of water in any system. B. COMPONENTS DESCRIPTION AND MAINTENANCE 1 All components are thoroughly greased at assembly. Since internally lubricated seals are used, regular greasing is not required. We recommend components not be greased at installation. 2 Slip Tube Assemblies may be greased at the Amity's regularly scheduled Aerial Inspections. The seals in the Slip Tube Assemblies are self-lubricating, so greasing is not mandatory. We do recommend a visual inspection of the Slip Tube Assembly while it is fully extended after initial installation, from that point on we recommend inspection every ten hours of aerial operation. If any deposits of aluminum appear, they are to be rubbed off using a Teflon scouring pad. Slip Tube Assemblies are designed to give long maintenance free service; however, like any product, problems may occur and periodic visual inspections will aid in determining if a potential problem exists and warrants a call to us. Care must be taken to keep debris off of extended tubes. We recommend wiping tubes with light oil (10 weight) or hydraulic oil after use, if tubes appear to have contamination on them. Under no circumstance are tubes to be cleaned with lacquer thinner, or any other solvent. C. LIMITED WARRANTY, LIMITATIONS, CONDITIONS AND PROCEDURES REQUIRED. 1 Products are warranted to be free of defects in labor and/or materials for a period of ten years from the date of purchase from the Amity and shall be repaired or replaced at the sole option and expense of the Amity provided the products alleged to be defective was used for its intended normal use operation and subject to the following qualifications and limitations. 2 Any alteration of product without consent from Amity is strictly forbidden and shall void warranty. 3. No welding shall be performed on finished product. 4 No responsibility is assumed for any malfunctions or damages which are occasionally caused by foreign objects which may be ingested into water system such as, but not limited to stones, sand or metal chips. 5 Amity assumes responsibility for our product, which is defective only, and therefore, it will not assume responsibility for labor to either remove or install our product unless it agrees in writing to assume such responsibility. 6 Unless otherwise approved in writing by the Amity all returns of defective (or allegedly defective products) are at Purchaser's expense and must include a RGA number issued by the Amity. 7 All warranty claims must be presented at the time the problem occurs, or as soon as practical thereafter, either called or faxed to the Amity and include the numbers on the assembly's Amity's label with a detailed explanation of the difficulty in order for the matter to be appropriately evaluated and resolved. 8. Amity will not be held liable for damage incurred during shipment. 9. No responsibility shall be assumed for misuse or improper mounting, unreasonably use or abuse of the Product and or failure to provide or use improper maintenance, failure to follow written installation and use in instruction or any use other than the customary designed use. THE REMEDIES PROVIDED IN THE ABOVE EXPRESS LIMITED WARRANTY AND ARE THE SOLE AND EXCLUSIVE REMEDIES AVAILABLE. NO OTHER EXPRESS WARRANTIES ARE MADE. ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR {00046826;v2} FITNESS FOR A PARTICULAR PURPOSE OR USE ARE LIMITED IN DURATION AS SET FORTH ABOVE. IN NO EVENT SHALL THE AMITY ASSUME OR BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE WITHIN DESCRIBED WARRANTY SHALL ONLY BE AFFORDED TO THE ORIGINAL PURCHASER OR FOR INCORPORATION INTO ANOTHER UNIT AND TO FIRST PURCHASER AS PART OF COMPLETED UNIT, HOWEVER, THE WARRANTY PERIOD OF TEN YEARS COMMENCES UPON INSTALLATION INTO FINAL ASSEMBLY WITH THE UNDERSTANDING IT IS INSTALLED WITHIN SIX MONTHS OF PURCHASE. Dated: , 20 {00046826;v2} Pierce Fire and Rescue Apparatus Four (4) Year Pro -Rated Paint and Corrosion Aerial Device Limited Warranty 1. LIMITED WARRANTY Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: Coverage: Aerial device shall be free from blistering, peeling, corrosion or any other adhesion defect caused by defective manufacturing methods or paint material selection for exterior surfaces. Warranty Begins: The date of the original purchase invoice (issued when the product ships from the factory). Warranty Period Ends After: Four (4) 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 0-24 months 100% 25-48 months 50% Integrity of Coating System: Adhesion, Blistering/Bubbling 0-24 months 100% 25-48 months 50% Corrosion: Dissimilar Metal and Crevice 0-24 months 100% 25-48 months 50% Corrosion Perforation 0-24 months 100% 25-48 months 50% This limited warranty applies only to exterior paint. 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. 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 WA0047 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. Pierce 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. Pierce 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. Pierce Fire and Rescue Apparatus Three (3) Year Material and Workmanship Goldstar® Gold Leaf Lamination 1. LIMITED WARRANTY Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer: Coverage: Each Goldstar® gold leaf lamination 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 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 WA0018 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. Attachment 5 (1) WHELEN PIONEER P*H2 L.E.D. TIP LIGHT FL (2) WELEN PSL2B* L.E.D. LIGHTS UNDER BASKET (1) WHELEN MICRO PIONEER MPB L.E.D. TRACKING LIGHT EACH SIDE 8.00° NFPA MIN. SHORELINE RECEPTACLE WITH KUSSMAUL SUPER AUTO -EJECT 104.50 COMPARTMENT FOR (3) AIR BOTTLES EACH SIDE (1) WHELEN 6RB L.E.D. WARNING LIGHT EACH SIDE (1) WHELEN P*H1 L.E.D. SCENE LIGHT EACH SIDE 70.00 DUO -SAFETY 14' 875 DR ROOF LADDER AT AERIAL FLY SECTION BREATHING AIR 2.00 (3) SINGLE AIR BOTTLE COMPARTMENTS (2) RIGHT SIDE (1) LEFT SIDE STABILIZER PLACEMENT CAMERA EACH SIDE •1.50 62.25 271.00 WB 535.50 (44'-7.50") APPROX OAL "SOS asp' 5/5 LIGHT SHIELD 35.25 18.38 4.25 BRACKETS FOR STOKES BASKET MOUNTED ON AERIAL BASE SECTION 29.13 28.25 LS4 5.25 8 GALLON DEF TANK (1) CROSSLAY HOSEBED FOR 200' OF 2.50" KEY TUE-10 HOSE WITH 2.50" PIPING (2) CROSSLAY HOSEBEDS FOR 200' OF 1.75" KEY TRU-ID HOSE WITH 2.00" PIPING 800' OF 5.00" D.J. POLY HOSE FRP L.E.D. FLOODLIGHT FOR DESIGNATED WALKWAY 84.00 22.13 LS3 32.12 26.50 28.50 30.25 91.75 108.56 FRAME CUTOFF PIERCE SIDE VIEW CAMERA EACH SIDE STIRRUP STEP UNDER CAB & CREW CAB DOORS (1) WHELAN P*H2 L.E.D. SCENE LIGHT EACH SIDE 53.88 41.25 LS2 8.00 NFPA MIN. 157.00 HOSE STORAGE BOX ON BACK OF BASKET FOR 50' OF 1.75" HOSE 45.75 18.25 LS1 4.25 (3) WHELEN FREEDOM IV ROTA -BEAM 23.00" L.E.D. LIGHTBARS WITH OUTSIDE LIGHTBARS MOUNTED AT 45° RETRAC HEATED/REMOTE CONTROL MIRRORS WITH CONVEX SECTION (2) WHELEN 6RB L.E D. WARNING LIGHTS IN A COMMON BEZEL EACH SIDE (2) WHELEN 600 SERIES L.E.D. DIRECTIONAL/MARKER LIGHTS 27.00" PAINTED BUMPER (4) WHELEN M6 L.E.D. WARNING LIGHTS EACH SIDE SURFACE DESIGNATION AND PATHWAY MARKINGS 131.00 (10 11 .00") APPROX OAH 3.00 PIERCE REAR VIEW CAMERA WITH ALUMINUM TREADPLATE GUARD (2) WHELEN L31HRFN L.E.D. WARNING LIGHTS LIGHTED BASKET ACCESS HANDRAIL EACH SIDE (2) WHELEN P*H1 L.E.D. SCENE LIGHTS ELECTRIC STABILIZER CONTROLS WITH SMOOTH ALUMINUM DOOR (2) WHELEN M6 L.E.D. WARNING LIGHTS (2) WHELEN M6 L.E.D. STOP/TAIL LIGHTS (2) WHELEN M6 L.E.D. DIRECTIONAL LIGHTS (2) WHELEN M6 L.E.D. BACK UP LIGHTS L.E.D. MARKER LIGHT WITH RUBBER ARM EACH SIDE BASKET ACCESS WITH FLIP DOWN STEP EACH SIDE (1) WHELEN PIONEER L.E.D. VISOR LIGHT (1) WHELEN SA315P SPEAKER WITH STAINLESS STEEL GRILLE PAINTED TOW EYES (2) GROVER AIR HORNS (1) FEDERAL Q2B SIREN RECESSED IN GRILLE 1 50" OUTLET WITH 2.00 " PIPING CENTER HOSE TRAY FOR 65' OF 1.75" D.J. HOSE WITH ALUMINUM 4-WAY COVER NOTCHED FOR PRECONNECTED HOSE 45.75 37.25 B1 4.75 100.00 CUPSWITCH FOR HOSE BED LIGHTS 4.75 100.00 B1 EQUIPMENT STORED AT THE REAR TWO 35' 2-SEC 1200A ONE 28' 2-SEC 1200A ONE 20' ROOF 875A ONE 16' ROOF 875A TWO 10' FOLDING 585A SIX PIKE POLE TUBES 62 13 54 00 5'7" (1) CUP SWITCH FOR REAR SCENE LIGHTS JOB NO. 34599 SCALE 1..24 DATE ALUMINUM BODY SIDE ROLL AND FRONTAL IMPACT PROTECTION PIERCE MANUFACTURING INC. NOTE DIMENSIONS SHOWN ARE APPROXIMATE AND ARE SUBJECT TO MINOR DEVIATIONS AS MAY OCCUR OR BE NECESSARY IN CONSTUCTION. MINOR DETAILS NOT SHOWN. 1. AIR INLET WITH DISCONNECT COUPLING IN THE DRIVER SIDE STEPWELL 2. BATTERY CHARGER LOCATED IN COMPARTMENT PER SHOP ORDER 3. BATTERY CHARGER INDICATOR LOCATED AT DRIVER'S SIDE STEP AREA 4. FIVE ADJUSTABLE FULL WIDTH/FULL DEPTH SHELVES IN COMPARTMENTS PER SHOP ORDER 5. FOUR FLOOR MOUNTED SLIDE -OUT TRAYS IN COMPARTMENTS PER SHOP ORDER 6. FOUR SWING -OUT ALUMINUM TOOL BOARDS IN COMPARTMENT PER SHOP ORDER 7. ONE SLIDE -OUT TOOL BOARD WITH PEGBOARD PATTERN IN COMPARTMENTS PER SHOP ORDER 8. ONE CTECH (4) DRAWER ASSEMBLY IN COMPARTMENT PER SHOP ORDER 9. MOUNTING BRACKETS FOR AXE IN AERIAL BASKET 10. L.E.D. LIGHT STRIPS LOCATED IN THE HOSE BED PER SHOP ORDER 11. TWO 120V DUPLEX RECEPTACLES LOCATED IN COMPARTMENTS PER SHOP ORDER 12. ONE 120V DUPLEX RECEPTACLE LOCATED IN CAB PER SHOP ORDER 13. 2-WAY INTERCOM SYSTEM BETWEEN AERIAL TIP AND TURNTABLE 14. NON -RAISED AERIAL PEDESTAL 15. DC POWER TO AERIAL BASKET 16. 3-in-1 LYFECOMBO BRACKETS AT AERIAL BASKET 17. TEMPORARY VENT SAW SCABBARD LOCATED IN AERIAL BASKET CHASSIS DATA TITLE 100' ASCENDANT AERIAL TOWER AND BODY ASSEMBLY 300 GALLON WATERTANK DRAWN BY TKA 06DEC19 12MAY20 LWE JJR 25MAR20 LWE JJR MAKE PIERCE FOR ST JOHNS COUNTY FIRE RESCUE ST. AUGUSTINE, FLORIDA CHECKED BY JJR 09DEC19 13DEC19 TKA JJR REV DATE BY CH MODEL VELOCITY DWG NO. 345994AD SHEET SIZE D SHEET NO. 1 OF 1 View Fite Created 12-MAY-2020 10:09:27 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • JULY 18, 2023 AGENDA ITEM SUMMARY • ITEM # 9 Subject: Approve proposal from Jobear Contracting, Inc. in an amount not to exceed $750,000 for the renovation and construction of Veterans Memorial Park and authorize the City Manager to execute the same. Department: Capital Projects/Parks, Recreation and Community Affairs Summary: Staff invited qualified licensed contractors, in accordance with the City's Purchasing Policy and Florida Statutes, to submit a bid for the construction of Veterans Memorial Park (VMP). Project Description: The Project consists of renovating Veterans Memorial Park and will include the following: • New pervious walkways • Lighted walkway including festoon lighting • New Memorial with six (6) new Branch Medallions • New Flag Poles • Numerous seating areas • Pedestrian boardwalk swale crossing (bridge) • A dedicated lawn event area • Florida -friendly and native landscaping Firm Selection Process: Staff advertised the request for bids on May 11, 2023 by posting (1) a legal ad in the Florida Today newspaper, (2) a notice on the City web page, and (3) bid information on Demandstar (Internet bid service). A "Bid Submittal" notation was included, which stated a contract would be awarded pursuant to the requirements of applicable State and Federal laws and regulations. A non -mandatory pre -bid meeting was held on May 23, 2023, and a total of five (5) potential bidders attended the meeting. Four (4) contractors submitted sealed bids for the Project, which were opened at City Hall on June 29, 2023 (Attachment 1). Upon review of the submitted bids, Staff and the City's project engineer, Kimley Horn and Associates (KHA), recommend award of the bid to Jobear Contracting, Inc. (Jobear), with a bid amount of $750,000. A proposed Construction Agreement with Jobear is included (Attachment 2). Although MGM Contracting Inc. was the low bidder with a bid of $579,386, Jobear is recommended for this Project for the following reasons: • Extensive experience in performing projects with multiple government agencies • Qualifications relative to this project • A 100% completed bid tab sheet Timeline and Cost Increases: FY 2020/21. The first community input sessions for VMP commenced in February 2020, no one could have predicted the series of events that would unfold in the following months. Like so many other things, the VMP Project stalled as the world grappled with more emergent priorities created by the COVID-19 Pandemic. In 2020 there was no Strategic Planning Retreat due to COVID-19. However, the Project was included in the Budget with a total budgeted amount of $500,000 ($410,000 for construction services and $90,000 for design services). At the March, 2021 Strategic Planning Retreat, the VMP Project was reviewed by City Council (Attachment 3). In the months to follow, conceptual drawings were received and Community Engagement activities commenced. City of Cape Canaveral City Council Meeting • July 18, 2023 Agenda Item # 9 Page 2 of 3 Council Member Kellum and Staff worked with KHA to gather feedback from local Veterans regarding uses for the Park. The final concept design was approved 5-0 at the August 17, 2021 Regular City Council Meeting (Attachment 4). As of this time, a total of $26,079 had been expended to date, toward design services. FY 2021/22. Construction funding ($410,000) was split into two years: $200,000 in FY 2021/22 and $210,000 in FY 2022/23. Staff presented an update at the City Council Strategic Planning Retreat in March, 2022 which explained that the first phase was to be for hardscape/landscape improvements and the second phase for other amenities, including playground equipment, for which a grant was to be pursued. During the next few months, KHA completed the final design and submitted plans for Staff to review. An additional $15,680 was spent on design services this Fiscal Year and the total expenditures to date were $41,759. FY 2022/23. The CIP narrative incorrectly assumed that Phase 1 had been completed at the time of budget publication and this explains why only the total remaining construction services budget for Phase 2 was proposed at $200,678. However, no construction funding had been spent to date. At the request of community stakeholders, the Council revisited the topic of the playground feature included in the approved design. Originally slated for the December 2022 Regular Meeting that ran over time, the discussion item proposing the removal of the playground appeared on the January 17, 2023 agenda and Council voted 5-0 in favor of removing the playground equipment in exchange for a more appropriate amenity that would better meet the needs of Park users (Attachment 5). In April of 2023, KHA produced an Opinion of Probable Construction Cost (OPCC) in the amount of $330,000 (Attachment 6). In May, 2023, the final design had been revised accordingly and the Project was put out to bid that same month. An additional $30,000 is estimated to be expended for design services during the current fiscal year. Deducting this from the $200,678 leaves $170,678 (rounded to $170,000) in the FY 2022/23 budget. This will be moved forward to the FY 2023/24 budget. Total expenditures to date: $71,759. The Jobear proposal is $750,000 and the OPCC is $330,000. This is obviously a much higher expense than projected or budgeted. Part of this wide variation can be explained by economic impacts to the industry. In the years since this project was first presented, the country has experienced significant inflation. The National Association of Home Builders published in May 2022, that building materials prices had risen 35.6% since the start of the pandemic. Other sources project an increase of 4% - 5% in 2023. Another possible factor contributing to the wide variation is that the construction industry has been directly impacted by three years of supply chain challenges, which trigger labor issues (layoffs, skilled labor moving on to other industries, costs related to training a new workforce) and the impacts of cost -of -living and minimum hourly wage increases. It is possible to fund this Project, utilizing General Fund and CRA sources: • $325,000 from the General Fund: Cash forward of $170,000, plus $155,000 (shown in the proposed FY 2022/23 budget - CIP PRCA 11) • $425,000 from the CRA It is recommended that City Council approve with the condition that Staff conduct a Value Engineering (VE) exercise to reduce the total cost, with any potential savings benefiting the General Fund. Submitting Department Directors: Tim Carlisle for Jeff Ratliff/Molly Thomas City of Cape Canaveral City Council Meeting • July 18, 2023 Agenda Item # __ Page 3 of 3 Attachments: 1. Bid Meeting Minutes 2. Construction Agreement 3. Strategic Planning Retreat Project Update 4. Minutes of August 17, 2021 Regular City Council Meeting 5. Minutes of January 17, 2023 Regular City Council Meeting 6. KHA produced an Opinion of Probable Construction Cost (OPCC) Financial Impact: Staff time and effort to prepare this agenda item; $325,000 from General Fund and $425,000 from CRA — total amount of $750,000. Reviewed by Administrative/Financial Services Deputy Director: Jenny Coldiron The City Manager recommends the City Council take the following actions: Approve proposal from Jobear Contracting, Inc. in an amount not to exceed $750,000 for the renovation and construction of Veterans Memorial Park and authorize the City Manager to execute the same. Approved by City Manager: Todd Morley Attachment 1 CITY OF CAPE CANAVERAL Request for Bids — Bid Opening Veterans Memorial Park Renovations BID #2023-05 City of Cape Canaveral City Hall First Floor Conference Room 100 Polk Avenue Cape Canaveral, Florida 32920 MINUTES Thursday June 29, 2023 2:05 p.m. CALL TO ORDER: Capital Projects Deputy Director Tim Carlisle called the Meeting to order at 2:05 p.m. Others present: Molly Thomas, Parks Recreation + Community Affairs Director Jeff Ratliff, Capital Projects Director Daniel LeFever, Deputy City Clerk Jon Milanes, S. A. Casey Construction, Inc. Trey Huy, Jobear Contracting, Inc. Don Willis, Council Member Mr. Carlisle proceeded to open the bids received and announced the results: BID #2023-05 — VETERANS MEMORIAL PARK RENOVATIONS Firm Location Bid Amount Jobear Contracting, Inc. Palm Bay, FL $750,000.00 Garcia Civil Contractors LLC Orlando, FL $837,697.46 MGM Contracting Inc. Cocoa, FL $579,836.00 S. A. Casey Construction, Inc. Orlando, FL $928,000.00 Mr. Carlisle thanked those in attendance and adjourned the meeting at 2:08 p.m. Daniel LeFever, Deputy City Clerk Attachment 2 CONSTRUCTION AGREEMENT Veterans Memorial Park Bid #2023-05 THIS AGREEMENT is made this day of , 2023 by and between the CITY OF CAPE CANAVERAL, a Florida municipal corporation (herein referred to as OWNER) and Jobear Contracting Inc., authorized and duly licensed to do business in the State of Florida (herein referred to as CONTRACTOR), as follows: 1. DESCRIPTION OF WORK - CONTRACTOR shall perform the work, in accordance with the Contract Documents for the construction of Veterans Memorial Park as set forth in the Scope of Services, as set forth in the Contract Documents described in Section 2 herein ("the Project"). 2. CONTRACT DOCUMENTS - The Contract Documents consist of this Agreement; Exhibits and Addendum(s) to the Agreement; the Construction Drawings for City of Cape Canaveral prepared by Kimley-Horn & Associates; Bid #2023-05, dated June 2023; Final Bid Set Specifications dated June 2023; ITB Documents issued by the City, dated June 2023; Contractor's Bid Submittal; General Conditions, if any; Supplemental Terms and Conditions by the City, if any; all Change Orders approved by the City after execution of this Agreement. These Contract Documents are hereby incorporated into this Contract by this reference. The CONTRACTOR represents and agrees that it has carefully examined and understands this Agreement and the other Contract Documents, has investigated the nature, locality and site of the Work and the conditions and difficulties under which it is to be performed and that it enters into this Agreement on the basis of its own examination, investigation and evaluation of all such matters and not in reliance upon any opinions or representations of the OWNER, or of any of their respective officers, agents, servants, or employees. The Contract Documents are complementary, and what is called for by any one shall be as binding as if called for by all. The intent of the Contract Documents is to include all labor, materials, equipment, transportation, taxes, fees and incidentals necessary for the proper and complete execution of the Work for each Project. Materials or Work described in words which so applied have a well-known technical or trade meaning shall be held to refer to such recognized standards. Any discrepancies or omissions found in the Contract Documents shall be reported to the City's Project Manager immediately. The City's Project Manager will clarify discrepancies or omissions, in writing, within a reasonable time. 3. ORDER OF PRECEDENCE - In case of any inconsistency in any of the documents bearing on the Agreement between the OWNER and the CONTRACTOR, the inconsistency shall be resolved by giving precedence in the following order: a. Change Orders b. Agreement, Exhibits and Addenda c. Supplemental Terms and Conditions d. General Terms and Conditions e. Engineering Plans and Drawings f. ITB issued by the City of Cape Canaveral including any subsequently issued Addenda g. Contractor's Bid Submittal Any inconsistency in the work description shall be clarified by the OWNER and performed by the CONTRACTOR. 4. AGREEMENT INTERPRETATION - At its discretion, during the course of the work, should any errors, ambiguities, or discrepancies be found in the Contract Documents, the OWNER at its sole discretion will interpret the intent of the Contract Documents and the CONTRACTOR hereby agrees to abide by the OWNER's interpretation and agrees to carry out the work in accordance with the decision of the OWNER. 5. BRAND NAME MATERIALS - Whenever Materials or Equipment are specified or described in the Drawings or Specifications by using the name of a proprietary item or the name of a particular Supplier, the naming of the item is intended to establish the type, function and quality required. The CONTRACTOR will be responsible for all coordination necessary to accommodate the material, article, or equipment being provided without additional cost to the OWNER. Unless the name is followed by words indicating that no substitution is permitted, a substitute material, article, or equipment is allowed if it is reasonably equivalent to the brand name specified and CONTRACTOR certifies in writing that the proposed substitute will perform adequately the functions called for by the general design, be similar and of equal substance to that specified and be suited to the same use and capable of performing the same function as that specified. . The OWNER has full discretion to decide whether a substitute is reasonably equivalent. CONTRACTOR must notify the OWNER in writing prior to use of the substitute for a specified brand name and allow the OWNER to make a determination before CONTRACTOR uses the substitute. 6. CONTRACT TIME - a. All provisions regarding Contract Time are essential to the performance of this Contract. b. The Work shall be substantially completed within two hundred and ten (210) calendar days after the date when the Contract Time begins to run. The Work shall be finally completed, ready for Final Payment within two hundred and forty (240) calendar days after the actual date of Substantial Completion. Form v.12.2022 2 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT Veterans Memorial Park The date of Substantial Completion of the Work is the date certified in writing by the OWNER when (1) construction is sufficiently complete, in accordance with the contract documents, so the OWNER can occupy or utilize the work for its intended purpose, as expressed by the contract documents, and (2) any additional project -specific requirements or milestones for "Substantial Completion" identified in the general, special, or technical conditions or construction plans have been satisfied. c. The parties acknowledge that the Contract Time provided in this Section includes consideration of adverse weather conditions common to Central Florida including the possibility of hurricanes and tropical storms. d. In the event that the Work requires phased construction, then multiple points of Substantial Completion may be established in the Supplementary Conditions. 7. LIQUIDATED DAMAGES - OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified in Paragraph 6 above, plus any extensions thereof allowed in accordance with the General Conditions. OWNER and CONTRACTOR also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration preceding the actual loss suffered by OWNER if the Work is not substantially complete on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER $500 for each calendar day that expires after the time specified in Paragraph 6 for substantial completion until the work is substantially complete and $500 for each calendar day that expires after the time specified in Paragraph 6 for final completion until the work is finally complete. The liquidated damages provided in this Section are intended to apply even if CONTRACTOR is terminated, in default, or if the CONTRACTOR has abandoned the Work. This provision binds Contractor's performance bond surety. 8. CONTRACT PRICE, UNIT PRICE CONTRACT - The OWNER will pay the CONTRACTOR in current funds for the performance of the work in accordance with the Contract Documents, subject to additions and deductions approved by Change Order, the Total Contract Price of Seven hundred fifty thousand dollars ($750,000.00). CONTRACTOR agrees to accept the Contract Price as full compensation for performing all Work, furnishing all Materials, and performing all Work embraced in the Contract Documents. The CONTRACTOR acknowledges that CONTRACTOR studied, considered, and included in CONTRACTOR'S Total Bid all costs of any nature relating to: (1) performance of the Work under Florida weather conditions; (2) applicable law, licensing, and permitting requirements; (3) the Project site conditions, including but not limited to, subsurface site conditions; (4) the terms and conditions of the Contract Documents, including, but not limited to, the indemnification and no damage for delay provisions of the Contract Documents. Form v.12.2022 3 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT Veterans Memorial Park The CONTRACTOR acknowledges that performance of the Work may involve significant Work adjacent to, above, and in close proximity to Underground Facilities including utilities which will require the support of active utilities, as well as, the scheduling and sequencing of utility installations, and relocations (temporary and permanent) by CONTRACTOR. (1) In addition to the acknowledgments previously made, the CONTRACTOR acknowledges that the CONTRACTOR'S Total Bid (original Contract Price) specifically considered and relied upon CONTRACTOR'S own study of Underground Facilities, utilities in their present, relocated (temporary and permanent) and proposed locations, and conflicts relating to utilities and Underground Facilities. (2) The CONTRACTOR acknowledges that CONTRACTOR's Total Bid (original Contract Price) considered and included all of CONTRACTOR's costs relating to CONTRACTOR's responsibilities to coordinate and sequence the Work of the CONTRACTOR with the work of the OWNER, if any, with its own forces, the work of other contractors, if any, and the work of others at the Project site. Payments will be made to the CONTRACTOR for actual quantities installed on the basis of the Schedule of Unit Prices included as a part of the Bid, which shall be as fully a part of the Contract as if attached or repeated herein. Where the Contract Documents provide for Unit Price Work, the Contract Price stated in the Agreement will include for all Unit Price Work an amount equal to the sum of the Unit Prices for each item of Unit Price Work times the estimated quantity of each item as indicated in the Contract Documents. Each Unit Price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover all costs, including supplemental and administrative costs, and profit. 9. TERMINATION; DEFAULT BY CONTRACTOR AND OWNER'S REMEDIES - The OWNER reserves the right to revoke and terminate this Agreement and rescind all rights and privileges associated with this Agreement, without penalty, for convenience. Further, the OWNER reserves the right to revoke and terminate this Agreement in the following circumstances, each of which shall represent a default and breach of this Agreement: a. CONTRACTOR defaults in the performance of any material covenant or condition of this Agreement and does not cure such other default within seven (7) calendar days after written notice from the OWNER specifying the default complained of, unless, however, the nature of the default is such that it cannot, in the exercise of reasonable diligence, be remedied within seven (7) calendar days, in which case the CONTRACTOR shall have such time as is reasonably necessary to remedy the default, provided the CONTRACTOR promptly takes and diligently and continuously pursues such actions as are necessary therefore; or Form v.12.2022 4 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT Veterans Memorial Park b. CONTRACTOR is adjudicated bankrupt or makes any assignment for the benefit of creditors or CONTRACTOR becomes insolvent, or is unable or unwilling to pay its debts; or c. CONTRACTOR has acted negligently, as defined by general and applicable law, in performing the Work hereunder; or d. CONTRACTOR has committed any act of fraud upon the OWNER; or e. CONTRACTOR has made a material misrepresentation of fact to the OWNER while performing its obligations under this Agreement; or f. CONTRACTOR is experiencing a labor dispute, which threatens to have a substantial, adverse impact upon performance of this Agreement without prejudice to any other right, or remedy OWNER may have under this Agreement. In the event of an uncured default by CONTRACTOR, the OWNER shall have the right to exercise any other remedy the OWNER may have by operation of law, without limitation, and without any further demand or notice. In the event of such termination, OWNER shall be liable only for the payment of all unpaid charges, determined in accordance with the provisions of this Agreement, for Work properly performed prior to the effective date of termination, which may be a set-off to Owner's damages. 10. FORCE MAJEURE - Any delay or failure of either party in the performance of its required obligations hereunder shall be excused if and to the extent caused by acts of God; fire; flood; windstorm; explosion; riot; war; sabotage; strikes (except involving CONTRACTOR'S labor force); extraordinary breakdown of or damage to OWNER 's affiliates' generating plants, their equipment, or facilities; court injunction or order; federal and/or state law or regulation; or order by any regulatory agency; ; provided that prompt notice of such delay is given by such party to the other and each of the parties hereunto shall be diligent in attempting to remove such cause or causes. 11. SEVERABILITY - In the event any portion or part thereof of this Agreement is deemed invalid, against public policy, void, or otherwise unenforceable by a court of law, the validity and enforceability of the remaining parts of this Agreement shall otherwise be fully enforceable 12. PROGRESS PAYMENTS; DUE DATE FOR PROGRESS PAYMENTS; SUBMITTAL OF PAYMENT REQUESTS — No payments shall be made where a Payment and Performance Bond is required herein until OWNER receives a certified copy of the recorded Bond. OWNER shall make progress payments on account of the contract price to CONTRACTOR, on the basis of application for payments submitted to the OWNER or OWNER's Project Manager, by CONTRACTOR as the work progresses, and in accordance with the Contract Documents. Progress payments may be withheld if: Form v.12.2022 5 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT Veterans Memorial Park a. Work is found defective and not remedied; b. CONTRACTOR does not provide consent of surety with each payment application; c. Another contractor is damaged by an act for which CONTRACTOR is responsible; or d. In the opinion of the OWNER that CONTRACTOR's work is not progressing satisfactorily. OWNER herein ( ) designates or ( ) does not designate an agent (i.e., an architect or engineer) that must approve any payment request or invoice before the payment request or invoice is submitted to OWNER for payment. If an agent must approve the payment request or invoice before the payment request or invoice is submitted to OWNER, payment is due 25 business days after the date on which the payment request or invoice is stamped as received as provided in s. 218.74(1), Florida Statutes, except to the extent that the payment request or invoice does not meet contract requirements. The CONTRACTOR may send OWNER an overdue notice. If the payment request or invoice is not rejected within 4 business days after delivery of the overdue notice, the payment request or invoice shall be deemed accepted, except for any portion of the payment request or invoice that is inaccurate or misleading. If an agent need not approve the payment request or invoice submitted by CONTRACTOR, payment is due 20 business days after the date on which the payment request or invoice is stamped as received as provided in s. 218.74(1), Florida Statutes, except to the extent that the payment request or invoice does not meet contract requirements. If OWNER disputes a portion of a payment request or an invoice, the undisputed portion shall be timely paid. OWNER shall reject payment requests or invoices in accordance with the procedure established in s. 218.735, Florida Statutes. OWNER hereby identifies the [INSERT INDIVIDUAL AGENT OR CITY DEPARTMENT] as the agent or office to which the CONTRACTOR must submit payment requests or invoices to OWNER. The OWNER further hereby identifies Attn: , as the agent that must approve payment requests prior to their submission to OWNER. 13. FINAL PAYMENT; CHANGE ORDERS - OWNER shall withhold up to 5% of the Contract Price throughout the project in accordance with the Local Government Prompt Payment Act ("Act"). The retainage amount withheld may be released with the Final Payment after the issuance of the Final Completion Certificate. Consent of surety is required for final payment. OWNER shall make final payment to CONTRACTOR within thirty (30) days after the work is fully and properly completed, if the contract has been fully and timely performed, but subject to the condition that final payment shall not be due until CONTRACTOR has delivered to OWNER all close-out documentation. Form v.12.2022 6 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT Veterans Memorial Park By making payments OWNER does not waive claims including but not limited to those relating to: a. Faulty work appearing after substantial completion has been granted; b. Work that does not comply with the Contract Documents; or c. Failure of Contractor to comply with any special guarantees required by the Contract Documents. Progress payments may be withheld if Work is found defective and not remedied; CONTRACTOR does not provide consent of surety with each progress application a subcontractor is damaged by an act for which CONTRACTOR is responsible; ; or in the opinion of the OWNER, CONTRACTOR'S work is not progressing satisfactorily. Further, OWNER may withhold additional payment in anticipation of liquidated damages equal to the product of the number of Days after the scheduled Contract Time (Substantial Completion or Final Completion) and the amount of liquidated damages set forth in this Contract if CONTRACTOR is behind schedule and it is anticipated by OWNER that the Work will not be completed within the Contract Time. The additional payment, under this subsection, may at the OWNER'S discretion be withheld from subsequent Progress Payments. The City, by written change order and without invalidating the Agreement, may order extra Work or make changes by altering, adding to, or deducting from the Work, the contract sum being adjusted accordingly. Additional time required for any change in Work must be included with the requested Change Order. In giving instructions, the City's Project Manager will have authority to make minor changes in the Work, not involving extra cost or time, and not inconsistent with the purpose of the Work, but otherwise, except in an emergency endangering life or property, no extra work or change will be made unless it goes through the City's written Change Order process and is approved by the City, and no claim for an addition to the contract sum or time will be valid unless so ordered in writing. The value of any such extra Work or change will be determined in one or more of the following ways: 1. By mutual acceptance of a lump sum. 2. By unit prices named in the contract or subsequently agreed upon. 3. By cost and percentage or by cost and a fixed fee. If none of the above methods is agreed upon, the CONTRACTOR, provided it receives an order as above, shall proceed with the work. In such case and also under case (3) above, the CONTRACTOR shall keep and present in such form as the City's Project Manager may direct, a correct account of the actual cost of labor and materials, substantiated by back - Form v.12.2022 7 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT Veterans Memorial Park up documentation. In any case, the City's Project Manager will certify to the amount, including reasonable allowances for overhead and profit, due to the CONTRACTOR. Pending final determination of value, payments on account of changes will be made on the City's Project Manager's estimate. Furthermore, if the CONTRACTOR claims that any instructions by drawings or otherwise involve extra cost under the Contract Documents, it shall give the City written notice thereof within ten (10) days after the receipt of such instructions, and in any event before proceeding to execute the work, except in emergency endangering life or property, and the procedure shall then be as provided above under this section. Claims will not be processed unless filed in writing before any work has commenced. In addition, if the City's Project Manager deems it appropriate the City may accept defective or incomplete work and an equitable deduction from the Contract Price will be made therefor by Change Order. 14. DESIGNATION OF PROJECT MANAGER OR ARCHITECT OR LANDSCAPE ARCHITECT: DUTIES AND AUTHORITY - The duties and authority of the OWNER are as follows: a. General Administration of Contract. The primary function of the OWNER is to provide the general administration of the contract. In performance of these duties, Tim Carlisle, Capital Projects Deputy Director or his authorized representative is the OWNER's Project Manager during the entire period of construction. The OWNER (CITY) may change the Project Manager during the term of this contract. b. Inspections. Opinions. and Progress Reports. The OWNER and its representatives shall be kept familiar with the progress and quality of the work by CONTRACTOR and may make periodic visits to the work site. The OWNER will not be responsible for the means of construction, or for the sequences, methods, and procedures used therein, or for the CONTRACTOR'S failure to perform the work in accordance with the Contract Documents. c. Access to Worksite for Inspections. The OWNER and its representatives shall be given free access to the worksite at all times during work preparation and progress. The Project Manager is not obligated to make exhaustive or continuous on -site inspections to perform his duties of checking and reporting on work progress, and any such inspections shall not waive Owner's claim regarding defective work by Contractor. No inspector is authorized to change any provision of the specifications without written authorization of the City's Project Manager, nor shall the presence or absence of an inspector relieve the CONTRACTOR from any requirements of the Contract Documents. If the specifications, the City's instructions, laws, ordinances, or any public authority, require any work to be specially tested or approved, the CONTRACTOR shall give the City timely notice of its readiness for inspection, and of the date fixed for such inspection. Inspections by the City's Project Manager will be promptly made. Form v.12.2022 8 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT Veterans Memorial Park If upon inspection such work is found not in accordance with the Contract Documents, the CONTRACTOR shall pay such cost, including compensation for professional services, and an appropriate deductive Change Order shall be issued. d. Interpretation of Contract Documents: Decisions on Disputes. The OWNER will be the initial interpreter of the contract document requirements, and make decisions on claims and disputes between Contractor and Owner. e. Rejection and Stoppage of Work. The OWNER shall have authority to reject work which in its opinion does not conform to the Contract Documents, and in this connection may stop the work or a portion thereof, when necessary. f. Payment Certificates. The OWNER will determine the amounts owing to CONTRACTOR as the work progresses, based on CONTRACTOR's applications and OWNER's inspections and observations, and will issue certificates for progress payments and final payments in accordance with the terms of the Contract Documents. g. City Reviews and Status. The City's review, inspection, or approval of any Work, applications for payment, or other submittals shall be solely for the purpose of determining whether the same are generally consistent with the City's scope and requirements for the project. No review, inspection, or approval by the City of such Work or documents shall relieve the CONTRACTOR of its responsibility for the performance of its obligations under the Contract Documents or the accuracy, adequacy, fitness, suitability, or coordination of the Work. Approval by any governmental or other regulatory agency or other governing body of any Work, design document, or construction document shall not relieve CONTRACTOR of responsibility for the performance of its obligations under the Contract Documents. Payment by the City pursuant to the Contract Documents shall not constitute a waiver of any of the City's rights under the Contract Documents or at law, and CONTRACTOR expressly accepts the risk that defects in its performance, if any, may not be discovered until after payment, including final payment, is made by the City. Notwithstanding the foregoing, prompt written notice shall be given by the City or City Project Manager to the CONTRACTOR if the City becomes aware of any fault or defect in the Projects or non-conformance with the Contract Documents. Furthermore, the City shall not have control or charge of construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the Work, nor shall the CONTRACTOR, for any of the foregoing purposes, be deemed the agent of the City. 15. PROGRESS MEETINGS — OWNER'S Project Manager may hold periodic progress meetings on a monthly basis, or more frequently if required by the OWNER, during the term of work entered into under this Agreement. CONTRACTOR'S Project Manager and all other appropriate personnel shall attend such meetings as designated by the OWNER'S Project Manager. Form v.12.2022 9 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT Veterans Memorial Park 16. RESPONSIBILITIES OF CONTRACTOR - CONTRACTOR's duties and rights in connection with the project herein are as follows: a. Responsibility for Supervision and Construction. CONTRACTOR shall be solely responsible for all construction under this contract, including the techniques, sequences, procedures and means, for the coordination of all work. CONTRACTOR shall supervise and direct the work, and give it all attention necessary for such proper supervision and direction. b. Discipline and Employment. CONTRACTOR shall maintain at all times strict discipline among his employees, and he agrees not to employ for work on the project any person unfit or without sufficient skill to perform the job for which he was employed. c. Furnishing of Labor. Materials. etc. CONTRACTOR shall provide and pay for all labor, materials and equipment, including tools, construction equipment and machinery, utilities, including water, transportation, and all other facilities and work necessary for the proper completion of work on the project in accordance with the Contract Documents. d. Payment of Taxes: Procurement of Licenses and Permits. CONTRACTOR shall secure all licenses and permits necessary for proper completion of the work, paying the fees thereof. CONTRACTOR warrants that it (and subcontractors or tradesmen, if authorized in the Contract Documents) hold or will secure all trade or professional licenses required by law for CONTRACTOR to undertake the contract work. e. Guarantee. The CONTRACTOR hereby guarantees the Work to the full extent provided in the Plans, Specifications, General Conditions, Special Conditions and other Contract Documents. The CONTRACTOR shall remove, replace and/or repair at its own expense and at the convenience of the OWNER any faulty, defective or improper Work, materials or equipment discovered within one (1) year from the date of the acceptance of the project as a whole by the Owner or for such longer period as may be provided in the Plans, Specifications, General Conditions, Special Conditions or other Contract Documents. Without limiting the generality of the foregoing, the CONTRACTOR warrants to the OWNER, that all materials and equipment furnished under this Agreement will be of first class quality and new, unless otherwise required or permitted by the other Contract Documents, that the Work performed pursuant to this Agreement will be free from defects and that the Work will strictly conform with the requirements of the Contract Documents. Work not conforming to such requirements, including substitutions not properly approved and authorized, shall be considered defective. All warranties contained in this Agreement and in the Contract Documents shall be in addition to and not in limitation of all other warranties or remedies required and/or arising pursuant to applicable law. Furthermore, CONTRACTOR will provide written guarantee for work and materials for one (1) calendar year after acceptance by OWNER. The one (1) period is not a limitation upon manufacturer warranties or CONTRACTOR's payment and performance Bond(s). Form v.12.2022 10 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT Veterans Memorial Park f. Project Site. The CONTRACTOR shall, among other things, (i) visit and thoroughly inspect the project site and any structure(s) or other man-made features to be modified and become familiar with local conditions under which the project will be constructed and operated; (ii) if applicable, familiarize itself with the survey, including the location of all existing buildings, utilities, conditions, streets, equipment, components, and other attributes having or likely to have an impact on the project; (iii) familiarize itself with the City's layout and design requirements, conceptual design objectives, and budget for the project; (iv) familiarize itself with pertinent Project dates, including the Project Schedule; (v) review and analyze all project geotechnical, hazardous substances, structural, chemical, electrical, mechanical, and construction materials tests, investigations, and recommendations; and (vi) gather any other information necessary for a thorough understanding of the project. If the project involve modifications to any existing structure(s) or other man-made feature(s) on the project site, the CONTRACTOR shall also review all as -built and record drawings, plans, and specifications of adjacent work which the CONTRACTOR requests from the City, and shall thoroughly inspect the existing structure(s) and man-made feature(s) to identify existing deficiencies and ascertain the specific locations of pertinent structural components. Claims by the CONTRACTOR resulting from its failure to familiarize itself with the project site or pertinent documents shall be deemed waived. 17. ASSIGNMENT - CONTRACTOR shall not assign this Agreement, or any rights or any monies due or to become due hereunder without the prior, written consent of the OWNER. a. CONTRACTOR shall be fully responsible to OWNER for all acts and/or omissions performed by its subcontractors. b. If CONTRACTOR, prior to the commencement of any Work subcontracts any part of this Agreement by the subcontractor, CONTRACTOR shall require the subcontractor to provide OWNER and its affiliates with insurance coverage as set forth by the OWNER. 18. THIRD PARTY RIGHTS - Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than OWNER and CONTRACTOR. 19. PROHIBITION AGAINST CONTINGENT FEES - CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. 20. NO JOINT VENTURE - Nothing herein shall be deemed to create ajoint venture or principal - agent relationship between the parties and neither party is authorized to, nor shall either party Form v.12.2022 11 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT Veterans Memorial Park act toward third persons or the public in any manner which would indicate any such relationship with the other party. 21. INDEMNIFICATION — CONTRACTOR shall indemnify and hold harmless the OWNER, its officers, employees, agents, engineer, and city attorneys (individually and in their official capacity, from liability, losses, damages, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of CONTRACTOR and persons employed or utilized by CONTRACTOR in the performance of this Agreement. CONTRACTOR specifically assumes potential liability for actions brought by CONTRACTOR'S own employees against the OWNER and, solely for the purpose of this indemnification and defense, CONTRACTOR specifically waives its entitlement, if any, to immunity under Section 440.11, Florida Statutes. This waiver has been specifically and mutually negotiated by the parties. The indemnification provided above shall obligate the CONTRACTOR to defend at its own expense or to provide for such defense, at the option of the OWNER, as the case may be, of any and all claims of liability and all suits and actions of every name and description that may be brought against the OWNER or its officers, employees, and city attorneys which may covered by this indemnification. In all events the OWNER and its officers, employees, engineer, and city attorneys shall be permitted to choose legal counsel of its sole choice, the fees for which shall be reasonable and subject to and included with this indemnification provided herein. In consideration of the CONTRACTOR'S indemnity obligations, the parties allocate ONE PERCENT (1%) OF THE CONTRACT SUM as specific consideration for CONTRACTOR's indemnification of OWNER and that the specific consideration is included in the original Contract Price allocated by CONTRACTOR among all pay items - receipt of which is acknowledged. The indemnity provisions set forth in this Paragraph shall survive termination of this Agreement. 22. SAFETY - CONTRACTOR shall be solely and absolutely responsible and assume all liability for the safety and supervision of its principals, employees, contractors, and agents while performing work provided hereunder. More specifically, the CONTRACTOR shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. The CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to: 1. All employees on the project site and other persons who may be affected thereby. 2. All the Work and all materials or equipment to be incorporated therein, whether in storage on or off the project site. 3. Other property at the project site or adjacent thereto. Form v.12.2022 12 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT Veterans Memorial Park CONTRACTOR shall comply with all applicable Federal Occupational Safety and Health Administration (OSHA) and Florida Department of Transportation safety standards and shall assure and monitor the compliance of its Subcontractors with those same standards. Further, CONTRACTOR shall work in compliance with the OSHA Hazardous Communication Standard and Florida Department of Environmental Protection guidelines, and shall supply all information about hazardous chemical being brought onto City property as required by any applicable City Safety and Loss Control Program. 23. CORPORATE REPRESENTATIONS BY CONTRACTOR - CONTRACTOR hereby represents and warrants to the OWNER the following: a. CONTRACTOR is duly registered and licensed to do business in the State of Florida and is in good standing under the laws of Florida, and is duly qualified and authorized to carry on the functions and operations set forth in this Agreement. b. The undersigned signatory for CONTRACTOR has the power, authority, and the legal right to enter into and perform the obligations set forth in this Agreement and all applicable exhibits thereto, and the execution, delivery, and performance hereof by CONTRACTOR has been duly authorized by the board of directors and/or president of CONTRACTOR. In support of said representation, CONTRACTOR agrees to provide a copy to the OWNER of a corporate certificate of good standing provided by the State of Florida prior to the execution of this Agreement. c. CONTRACTOR is duly licensed under all local, state and federal laws to provide the work stated in paragraph 1.0 herein. In support of said representation, CONTRACTOR agrees to provide a copy of all said licenses to the OWNER prior to the execution of this Agreement. 24. BOND - CONTRACTOR shall supply a materials, performance and payment bond(s) in accordance with Florida law and in substantially in conformance with the forms attached to the Agreement as Exhibit "A" and approved by the City Attorney. The materials, performance, and payment amounts shall be in an amount equal to 100% of the Contract Price for the work prescribed herein. The issuance of bonds required under this Agreement shall not relieve Contractor of any liability under the Agreement. Contractor shall remain jointly and severally liable with any surety issuing a bond under the Contract. The premium for such bonds is included in the Contract Price. 25. INSURANCE - During the term of this Agreement, CONTRACTOR shall be responsible for providing the types of insurance and limits of liability as set forth under this Paragraph. Additionally, all independent contractors or agents employed by CONTRACTOR to perform any Work hereunder shall fully comply with the insurance provisions contained in these Contract Documents. Form v.12.2022 13 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT Veterans Memorial Park a. The CONTRACTOR shall maintain comprehensive general liability insurance in the minimum amount of $2,000,000 as the combined single limit for each occurrence to protect the CONTRACTOR from claims of property damages which may arise from any Work performed under this Agreement whether such Work are performed by the CONTRACTOR or by anyone directly employed by or contracting with the CONTRACTOR. b. The CONTRACTOR shall maintain comprehensive automobile liability insurance in the minimum amount of $1,000,000 combined single limit bodily injury and minimum $1,000,000 property damage as the combined single limit for each occurrence to protect the CONTRACTOR from claims for damages for bodily injury, including wrongful death, as well as from claims from property damage, which may arise from the ownership, use, or maintenance of owned and non -owned automobiles, including rented automobiles whether such operations be by the CONTRACTOR or by anyone directly or indirectly employed by the CONTRACTOR. c. The CONTRACTOR shall maintain, during the life of this Agreement, adequate Workers' Compensation Insurance in at least such amounts as are required by law and Employer's Liability Insurance in the minimum amount of $2,000,000 for all of its employees performing Work for the OWNER pursuant to this Agreement. d. The CONTRACTOR shall maintain comprehensive builder risk insurance, which shall cover CONTRACTOR'S labor, and any materials and equipment to be used for completion of the Work performed under this Agreement, against all risks of direct physical loss, excluding earthquake and flood, for a minimum amount of the Total Contract Price. CONTRACTOR shall maintain the builder risk insurance required by this subsection until final completion. Current, valid insurance policies meeting the requirements herein identified shall be maintained during the term of this Agreement. A copy of a current Certificate of Insurance shall be provided to the OWNER by CONTRACTOR upon the Effective Date of this Agreement which satisfied the insurance requirements of this Paragraph 25. Renewal certificates shall be sent to the OWNER 30 days prior to any expiration date. There shall also be a 30-day advance written notification to the OWNER in the event of cancellation or modification of any stipulated insurance coverage. The OWNER and its engineer shall be an additional named insured on all stipulated insurance policies as its interest may appear, from time to time, excluding worker's compensation and professional liability policies. Insurance covering the specified additional insureds shall be primary insurance, and all other insurance carried by the additional insured shall be excess insurance; and with respect to workers' compensation and employer's liability, comprehensive automobile liability, commercial general liability, and umbrella liability insurance, CONTRACTOR shall require Form v.12.2022 14 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT Veterans Memorial Park CONTRACTOR's insurance carriers to waive all rights of subrogation against OWNER and its engineer, the engineer's consultants, and their respective officers, directors, partners, employees and agents. Each policy shall contain a cross liability or severability of interest clause or endorsement. 26. MEDIATION/VENUE - The parties agree that should any dispute arise between them regarding the terms or performance of this Agreement, both parties will participate in mediation. The parties agree to equally share the cost of the mediator. Should the parties fail to resolve their differences through mediation, then any cause of action filed hereunder shall be filed in the Circuit or County Court for BREVARD County, Florida. The Contractor's surety is bound by this provision. 27. GOVERNING LAW & VENUE - This Agreement is made and shall be interpreted, construed, governed, and enforced in accordance with the laws of the State of Florida. Venue for any state action or litigation shall be BREVARD County, Florida. Venue for any federal action or litigation shall be Orlando, Florida. The Contractor's surety is bound by this provision. 28. ATTORNEY'S FEES - Should either party bring an action to enforce any of the terms of this Agreement, each party shall bear its own costs and expenses of such action including, but not limited to, reasonable attorney's fees, whether at settlement, trial or on appeal. This provision does not apply to Contractor's surety. 29. NOTICES - Any notice or approval under this Contract shall be sent, postage prepaid, to the applicable party at the address shown on the first page of this Contract. 30. WORK IS A PRIVATE UNDERTAKING - With regard to any and all Work performed hereunder, it is specifically understood and agreed to by and between the parties hereto that the contractual relationship between the OWNER and CONTRACTOR is such that the CONTRACTOR is an independent contractor and not an agent of the OWNER. The CONTRACTOR, its contractors, partners, agents, and their employees are independent contractors and not employees of the OWNER. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor, between the OWNER, on one hand, and the CONTRACTOR, its contractors, partners, employees, or agents, during or after the performance of the Work under this Agreement. 31. DOCUMENTS - Public Records: It is hereby specifically agreed that any record, document, computerized information and program, audio or video tape, photograph, or other writing of the CONTRACTOR and its independent contractors and associates related, directly or indirectly, to this Agreement, may be deemed to be a Public Record whether in the possession or control of the OWNER or the CONTRACTOR. Said record, document, computerized information and program, audio or video tape, photograph, or other writing of the CONTRACTOR is subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without the specific Form v.12.2022 15 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT Veterans Memorial Park written approval of the OWNER's City Manager. Upon request by the OWNER, the CONTRACTOR shall promptly supply copies of said public records to the OWNER. All books, cards, registers, receipts, documents, and other papers in connection with this Agreement shall at any and all reasonable times during the normal working hours of the CONTRACTOR be open and freely exhibited to the OWNER for the purpose of examination and/or audit. Failure by CONTRACTOR to grant such access and comply with public records laws and/or requests shall be grounds for immediate unilateral cancellation of this Agreement by the OWNER upon delivery of a written notice of cancellation. If CONTRACTOR fails to comply with this Section, and the OWNER must enforce this Section, or the OWNER suffers a third party award of attorney's fees and/or damages for violating Chapter 119, Florida Statutes, due to CONTRACTOR's failure to comply with this Section, the OWNER shall collect from CONTRACTOR prevailing party attorney's fees and costs, and any damages incurred by the City, for enforcing this Section against CONTRACTOR. And, if applicable, the OWNER shall also be entitled to reimbursement of all attorneys' fees and damages which the OWNER had to pay a third party because of the CONTRACTOR's failure to comply with this Section. The terms and conditions set forth in this Section shall survive the termination of this Agreement. The CONTRACTOR acknowledges that the OWNER is a Florida municipal corporation and subject to the Florida Public Records Law. CONTRACTOR agrees that to the extent any document produced by CONTRACTOR under this Agreement constitutes a Public Record; CONTRACTOR shall comply with the Florida Public Records Law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, THE CITY CLERK, AT (321) 868-1220, ext. 202, mgoforth@cityofcapecanaveral.org, Mia Goforth, City Clerk's Office, 100 Polk Avenue, Cape Canaveral, Florida 32920. 32. SOVEREIGN IMMUNITY - The OWNER intends to avail itself of the benefits of Section 768.28, Florida Statutes and any other statutes and common law governing sovereign immunity to the fullest extent possible. Neither this provision nor any other provision of this Agreement shall be construed as a waiver of the OWNER's right to sovereign immunity under Section 768.28, Florida Statutes, or other limitations imposed on the OWNER's potential liability under state or federal law. CONTRACTOR agrees that OWNER shall not be liable under this Agreement for punitive damages or interest for the period before judgment. Further, OWNER shall not be liable for any claim or judgment, or portion thereof, to any one person for over two hundred thousand dollars ($200,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds three hundred thousand dollars ($300,000.00). Nothing in this Agreement is intended to inure to the benefit of any third party for the purpose of allowing any claim which would otherwise be barred under the doctrine of sovereign immunity or by operation of law. This paragraph shall survive termination of this Agreement. Form v.12.2022 16 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT Veterans Memorial Park 33. HEADINGS - Paragraph headings are for the convenience of the parties only and are not to be construed as part of this Agreement. 34. INTEGRATION; MODIFICATION - The drafting, execution, and delivery of this Agreement by the Parties has been induced by no representations, statements, warranties, or agreements other than those expressed herein. This Agreement embodies the entire understanding of the parties, and there are no further or other agreements or understandings, written or oral, in effect between the parties relating to the subject matter hereof unless expressly referred to herein. Modifications of this Agreement shall only be made in writing signed by both parties. 35. WAIVER AND ELECTION OF REMEDIES - Waiver by either party of any terms, or provision of this Agreement shall not be considered a waiver of that term, condition, or provision in the future. No waiver, consent, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of each party hereto. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be considered an original agreement; but such counterparts shall together constitute but one and the same instrument. 36. DRAFTING - OWNER and CONTRACTOR each represent that they have both shared equally in drafting this Agreement and no party shall be favored or disfavored regarding the interpretation of this Agreement in the event of a dispute between the parties. 37. NOTICE - Any notices required to be given by the terms of this Agreement shall be delivered by hand or mailed, certified mail, return receipt requested, postage prepaid to: For CONTRACTOR: Company Name: Attn: Address: Phone: Fax: For OWNER: City of Cape Canaveral Attn: City Manager 100 Polk Avenue Cape Canaveral, Florida 321-868-1220 Form v.12.2022 17 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT Veterans Memorial Park Either party may change the notice address by providing the other party written notice of the change. Any Notice given as provided herein shall be deemed received as follows: if delivered by personal service, on the date so delivered; if delivered to an overnight courier service, on the business day immediately following delivery to such service; and if mailed, on the third business day after mailing. 38. CONFLICT OF INTEREST. a. The CONTRACTOR agrees that it will not engage in any action that would create a conflict of interest in the performance of its obligations pursuant to this Contract with the OWNER or which would violate or cause others to violate the provisions of Part III, Chapter 112, Florida Statutes, relating to ethics in government and the OWNER's Personnel Policies. b. The CONTRACTOR hereby certifies that no officer, agent or employee of the OWNER has any material interest (as defined in Section 112.312 (15), Florida Statutes, as over five percent (5%) either directly or indirectly, in the business of the CONTRACTOR to be conducted here, and that no such person shall have any such interest at any time during the term of this CONTRACT. c. Pursuant to Section 216.347, Florida Statutes, the CONTRACTOR hereby agrees that monies received from the OWNER pursuant to this Agreement will not be used for the purpose of lobbying the Legislature or any other State or Federal Agency. 39. ADDITIONAL ASSURANCES. a. No principal (which includes officers, directors, or executive) or individual holding a professional license and performing Work under this Agreement is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in any Work required by this Agreement by any Federal, State, or local governmental commission, department, corporation, subdivision, or agency; b. No principal (which includes officers, directors, or executive), individual holding a professional license and performing Work under this Agreement, employee, or agent has employed or otherwise provided compensation to, any employee or officer of the OWNER; and c. No principal (which includes officers, directors, or executive), individual holding a professional license and performing Work under this Agreement, employee or agent has willfully offered an employee or officer of the OWNER any pecuniary or other benefit with the intent to influence the employee or officer's official action or judgment. Form v.12.2022 18 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT Veterans Memorial Park 40. E-VERIFY - Pursuant to section 448.095, Florida Statutes, beginning January 1, 2021, any City contractors shall register with and use the U.S. Department of Homeland Security's E- Verify system, https://e-verify.uscis.gov/emp, to verify the work authorization status of all employees hired on and after January 1, 2021. City Contractors must provide evidence of compliance with section 448.095, Florida Statutes. Evidence shall consist of an affidavit from the Contractor stating all employees hired on and after January 1, 2021 have had their work authorization status verified through the E-Verify system and a copy of their proof of registration in the E-Verify system. Failure to comply with this provision will be a material breach of the contract, and shall result in the immediate termination of the contract without penalty to the City. The City Contractor shall be liable for all costs incurred by the City securing a replacement contract, including but not limited to, any increased costs for the same services, any costs due to delay, and rebidding costs, if applicable. If the City Contractor utilizes Subcontractors the following shall apply: a. Contractor shall also require all subcontractors performing work under the Agreement to use the E-Verify system for any employees they may hire during the term of the Agreement. b. Contractor shall obtain from all such subcontractors an affidavit stating the subcontractor does not employ, contract with, or subcontract with an unauthorized alien, as defined in section 448.095, Florida Statutes. c. Contractor shall provide a copy of all subcontractor affidavits to the City upon receipt and shall maintain a copy for the duration of the Agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date first above written. ATTEST: Mia Goforth, City Clerk CITY OF CAPE CANAVERAL By: Todd Morley, City Manager Date: 19 Form.v.12.2022 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT Veterans Memorial Park CONTRACTOR By: Print name/title: Date: STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of (_) physical presence or (_) online notarization, this day of , 2022, by , the of , who is personally known to me or who produced as identification and who did take an oath. (Notary Public Signature) (Print Name) Notary Public, State of Commission No.: My Commission Expires: 20 Form.v.12.2022 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT Veterans Memorial Park EXHIBIT A Performance and Payment Bond In compliance with the Florida Statutes Chapter 255.05 (1) (a) BOND NO.: Contractor Name: Contractor Address: Contractor Phone No.: Surety Company: Surety Agent: Owner Name: City of Cape Canaveral Owner Address: 1100 Polk Avenue Cape Canaveral, Florida 32920 Owner Phone No. (321) 868-1220, x218 Owner Fax No. (321) 868-1247 Owner Email: T.morley@cityofcapecanaveral.org Contract Date: Contract Amount: $ Bond Amount: $ Contract No. (if applicable): Form v.12.2022 21 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT Veterans Memorial Park Description of Work: Project Address: Legal Description: Bid Number: BY THIS BOND, we as Principal and a Corporation as Surety, are bound to City of Cape Canaveral , herein called Owner, in the sum of $ , for payment of which we bind ourselves, our heirs, Personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Principal: a. Performs the contract dated , 20 , between Principal and Owner for construction of as specified for the location, the contract being made a part of this bond by reference, at the times and in the manner prescribed in this contract; and b. Promptly makes payments to all claimants, as defined in section 255.05(1), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution if the work provided for the contract; and c. Pays Owner all losses, damages, including delay damages, expenses, and costs that Owner sustains because of a default by Principal under the contract; and d. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract and by law, then this bond is to be void; otherwise it remains in full force and effect. e. In any action against this performance bond, the Owner is entitled to attorney's fees under sections 627.428 and 627.756, Florida Statutes, and Danis Industries Corp. v. Ground Improvement Techniques, 645 So.2d 420 (Fla. 1994) and McCarthy Bros. Co. v. Tilbury Construction, Inc., 849 So.2d 7 (Fla. 1st DCA 2003), including appellate attorney's fees. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. Form v.12.2022 22 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT Veterans Memorial Park Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this bond. IN WITNESS WHEREOF, the said Principal and Surety have assigned and sealed this instrument this ___ day of __________ 20. CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Signature Title SURETY Company: (Corporate Seal) Signature Title Form v.12.2022 23 CITY OF CAPE CANAVERAL CONSTRUCTION AGREEMENT Veterans Memorial Park City of Cape Canaveral Attachment 3 Strategic Planning Retreat Project Update Title: Veterans Memorial Park Redevelopment Department: Leisure Services Director: Gustavo Vergara Budget: $90,000 — Design. $410,000 - Construction CIP: $410,000 (CIP) — FY 21/22 Status: Awaiting task order from design engineer. % Complete: 0% Original Time Frame: ❑ Not Started. ❑ Started/Canceled. ❑ Started/Behind Schedule. X-Started/On Schedule. ❑ Completed. Description: Redevelopment and expansion of Veterans Memorial Park. The southern half of the property is underutilized. The existing park would see redevelopment in the form of better entrance features, as well as sidewalk expansion, while the southern part would be revitalized with patriotic/commemorative features, shaded seating and commemorative art. Small gathering space for Veteran-themed events would be included as part of the redevelopment. This was an initiative introduced by Council Member Kellum, and has gone through a public input process. Allen Engineering is working on a task order for design services, which will include two different site plans. These site plans will go through a public participation process before a final design is chosen and construction documents are completed. 33 VETERANS MEMORIAL PARKS AROUND U.S. 34 Leisure Services Capital Improvement Program Detail Project Name: Veteran's Memorial Park Redevelpmt / Expansion Department: Leisure Services Location: Veterans Park Project Start Date: FY20-21 Project Code: Project Manager: Original Plan Date: CIP # LS - 3 TBD G.Vergara Jan-21 Description / Justification: Description: Expansion / Redevelopment of Veteran's Memorial Park into a pedestrian friendly park that enhances celebration of those who served. It would expand into the southern portion of the park that is currently underutilized. Justification: Design for redevelopment of this area was already slated to take place this FY but per Council Member Kellum's suggestion, the redevelopment will concentrate on enhancing honoring veterans while creating a sense of place for residents and visitors alike. Consistency with Council Goals: Implement Envision Cape Canaveral / City Council 2019 Goals. Project Expenditures / Funding Sources: Project Costs: FY21-22 FY22-23 FY23-24 FY24-25 FY25-26 Total Construction 410,000 410,000 Total Project Costs 410,000 - - - - 410,000 Sources of Funds: FY21-22 FY22-23 FY23-24 FY24-25 FY25-26 Total General Fund & CRA 410,000 410,000 Total Project Funding $ 410,000 $ - $ - $ - $ - $ 410,000 35 City of Cape Canaveral, Florida City Council Regular Meeting • August 17, 2021 Minutes • Page 4 of 5 Attachment 4 ensued and included support for and reasons against using certified mail in the noticing process. The Public Hearing was opened. There being no comment, the Public Hearing was closed. A motion was made by Mayor Pro Tem Raymond, seconded by Mayor Hoog, to approve Ordinance No. 27-2021, at first reading. The motion carried 3-2, with Council Members Kellum and Morrison voting against. 9. Ordinance No. 33-2021; amending the text of the City's Comprehensive Plan to include a Property Rights Element as required by law; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Comprehensive Plan, severability and an effective date and legal status of the Plan Amendment, first reading: City Attorney Garganese read the title into the record and explained the Item. Discussion ensued regarding a second reading cannot be scheduled until the State provides comments to this first reading -transmittal hearing and advertising requirements are met. The Public Hearing was opened. There being no comment, the Public Hearing was closed. A motion was made by Mayor Pro Tem Raymond, seconded by Council Member Morrison to approve Ordinance No. 33-2021, at first reading. The motion carried 5-0. 10 Ordinance No. 35-2021; amending Section 38-33 of the City's Fire Prevention and Protection Code related to private entry gates; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date, first reading: City Attorney Garganese read the title into the record. Canaveral Fire Rescue Deputy Chief Yossifon explained the Item. Discussion ensued regarding how the measure will result in shortened response times to gated communities. The Public Hearing was opened. There being no comment, the Public Hearing was closed. A motion was made by Mayor Pro Tem Raymond, seconded by Council Member Brown to approve Ordinance No. 35-2021, at first reading. The motion carried 5-0. ITEMS FOR ACTION: 11. Discuss and choose a final design concept for the Veterans Memorial Park Redevelopment Project: {Highlighted-Yellow}. Discussion ensued and included the work performed by Council Member Kellum and Staff to present and receive feedback from local Veterans, the Sculpture Program, a possible Veterans Art Show, preferences of plans, Culture and Leisure Services Board's choice for Concept Site Plan B, pros and cons of both options, no significant difference in price, value engineering to stay within budget if necessary, pros and cons regarding the playground area, preference for the Park to be quiet and reflective, cost impacts for redesigning, the lack of play areas on the east side of the City and State Road A1A, sidewalk pavement materials and damage that could be done by skateboards, potential increase in costs of 5% each month the decision is delayed, and the desire to move forward. A motion was made by Council Member Kellum, seconded by Council Member Morrison, to accept Plan A. The motion carried 5-0. REPORTS: City Manager Morley discussed the plan to continue promoting recommendations of the Centers for Disease Control and Brevard County Emergency Operations Center, posting signs at all facilities and keeping the Council informed regarding the COVID-19 Pandemic. Attachment 5 City of Cape Canaveral, Florida City Council Regular Meeting ' January 17, 2023 Minutes - Page 3 of 5 ITEMS FOR DISCUSSION: (As amended under Approval of Agenda) 9. Discuss the dangers of electric bikes on City sidewalks. (Submitted by Mayor ProTem Raymond/Postponed on December 20, 2022): Mayor Pro Tem Raymond explained the Item and made suggestions to abate the dangers of electric bikes on City sidewalks. Discussion ensued and included agreement that e-bikes are traveling too fast suggestion to designate a path and educate the public to use them on the roadway, the need to educate the e-bike rental business owners and need for community outreach, and whether there are enforcement liability issues the City could face if e-bikes were forced onto the road with cars. City Attorney Garganese discussed enabling legislation in Florida Statutes that allows the City to make for that discretionary decision. Discussion continued regarding the original plan to place striping on the sidewalk and the suggestion to require e-bike rental businesses to post rules. City Manager Morley discussed educating the public through use of stencil symbols and contrasting color to designate where e- bikes may travel, preparing a Budget Item for the next fiscal year covering the cost/scope of work for Striping/stenciling symbols along Ridgewood Avenue, North Atlantic Avenue and Central Boulevards, and how the e-bike travel lanes could be designated with a stripe down the center of the pedvvays of Ridgewood and North Atlantic Avenues rather than where the cars travel, due to the narrowness of those roadways. Council reached consensus for Staff to bring back an update Item in a couple of months and prepare a Budget Item for the next fiscal year covering the cost/scope of work as discussed. 10. Discuss the removal of the playground feature from Veterans Memorial Park redevelopment plans and re -appropriate the feature for consideration as part of the Civic Hub project. (Submitted by Council Member Kellum/Postponed on December 20, 2022): {Highlighted-Yellow}. Council Member Kellum explained the Item. Discussion ensued and included the desire to move forward with the Project, moving playground related Project funds into contingency, concerns over time spent on the Project by the Culture and Leisure Services Board including playground design, opposition versus support for moving the playground to the Civic Hub, underutilization of Veterans Memorial Park, Council Member feedback from Veteran groups in favor of removing the playground, desire to honor Veterans wishes, and concern over what to do with the plans the City already paid for. PRCA Director Thomas discussed how the removal of the playground would affect the Project and plans to include lighting, landscaping, stornovvoter pond, svva|es and pollinator p|ants.A motion was made by Council Member Kellum, seconded by Council Member Willis, to remove the playground from the Veterans Memorial Park design plan with the understanding those funds will stay in contingency. The motion carried 5-0. Mayor recessed the meeting at 7:53 p.m. The meeting was reconvened at 8:06 p.m. 6. Approve an option for Audio and Video Production/Services Upgrade in the amount of up to $62,844.56 and to include the rate of $110 per hour for technical support: City Manager Morley explained the Item, recommending Equipment Option 1 and Technical Support Option 2. Discussion ensued and included technical support proposed for the next fiscal year, the need to inform IM Solutions by January 18, 2023 to retain original pricing quote, reasons to move forward with the improvements including production of better live and recorded public meetings, and support for Options 1 and 2 as recommended. Administrative/Financial Services Director DeLeo discussed the new ITposition budgeted for next 2023/2O24 fiscal year and the current 2022/2023 fiscal year Budget covers the Equipment. Discussion continued regarding the necessity of the production/services upgrade, resale value of the new equipment, desire for IM Solutions to train the new IT Staff member in the next fiscal year, and using the upgrade equipment for events other Attachment City of Cape Canaveral Veteran's Memorial Park Renovations Opinion of Probable Construction Cost (OPCC) Kimley»> Horn The Designer has no control over the cost of labor, materials, equipment, or over the Job Number: 149501003 Contractor's methods of determining prices or over competitive bidding or market conditions. Date: 2023-04-14 Opinions of probable costs provided herein are based on the information known to Designer at this time and represent only the Designer judgment as a design professional familiar with the construction industry. The Designer cannot and does not guarantee that proposals, bids, or actual construction costs will not vary from its opinions of probable costs. Item # Item Description Category Subtotal 1 GENERAL $ 20,500 2 DEMOLITION/CLEARING & GRUBBING $ 21,448 3 EARTHWORK AND GRADING $ 29,470 4 FRANCHISE UTILITIES (CATV, PHONE, FPL) (NIC) $ - 5 LIGHTING / ELECTRICAL $ 56,706 6 STORM DRAINAGE (SITE) $ 3,720 7 POTABLE WATER (NIC) $ - 8 SANITARY SEWER (NIC) $ - 9 CONCRETE CONSTRUCTION $ 45,273 10 HARDSCAPE $ 12,600 11 FURNISHINGS AND MISCELLANEOUS $ 36,400 12 AUDIO (NIC) $ - 13 LANDSCAPING $ 47,695 14 IRRIGATION $ 7,200 CONSTRUCTION CONTINGENCY $ 28,200 ESCALATION $ 14,100 TOTAL $ 323,312 BUDGET TOTAL $ 330,000 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • JULY 18, 2023 AGENDA ITEM SUMMARY • ITEM # 10 Subject: Approve City -owned electric vehicle charging station upgrade project proposal, to utilize NovaCHARGE networked NC8000 series charging stations, requiring user payment, and a FY 23/24 budget allocation for the project in the amount of $120,000. Department: Community and Economic Development Department — Resilience Division Summary: The City of Cape Canaveral (City) currently owns and maintains six (6) publicly -accessible dual -plug Level-2 electric vehicle (EV) charging stations (12 plugs total) at four sites, which require no payment for residents and visitors to utilize. They are "non -networked", and cannot support and/or record any information such as kilowatt-hour (kwh) dispensation, user fees, automatic maintenance alerts, or circuit breaker tripping. Current EV charging station locations: 1. Manatee Sanctuary Park, 1 unit, two plugs 2. Banana River Park, 1 unit, two plugs 3. City Hall, 3 units, two plugs each 4. Cape Canaveral Public Library, 1 unit, two plugs As the 2020s progress, City Council and Staff have frequently noted all EV charging stations being increasingly utilized on a daily basis. Factors contributing to this include: • EV sector's rapid growth across the country. • EV drive/trains are solely powered by onboard battery packs, which continue to increase in physical size and capacity to allow for longer ranges between charges. Increased capacities require more electricity to recharge and therefore longer charge times from Level-2 style charging stations. • Brevard County's population increases and sustained residential development. • For several years, the City has championed the EV industry by offering free charging at select City facilities. Due to its unique location on the Space Coast, the City has become known as a multi -modal hub of diverse socio-economic activity, eco-tourism, and is regionally -known as supportive of a variety of high-tech and national security -based business sectors. In 2021, City Council directed Staff to investigate upgrading all of the City's EV charging stations to networked models ("smart", charging stations that can provide important usage telemetry), requiring user payment, in order to offset increasing system demand costs. This is also stated in the City's 2021 Resiliency Action Plan in Preparedness Target #18. A brief history of Staff research: Rivian, a California -based EV manufacturer, promoted an initiative to install roughly 10,000 purpose-built EV charging stations across the US as part of its "Adventure Network." Rivian scoped the feasibility of replacing the City's existing charging stations at no cost to the City, with the intent of maintaining them as publicly accessible and Rivian-owned. When presented with this proposal, Council was supportive and directed Staff to pursue the project to include transitioning the City's current non -networked EV charging stations to networked models and requiring payment for use and a reimbursement to the City for kilowatt hours (kWh) expended. In early 2023, after a year of site visits, planning, and a draft agreement, Rivian representatives notified Staff that the project no longer had funds for completion. City of Cape Canaveral City Council Meeting • July 18, 2023 Agenda Item # 10 Page 2 of 4 Subsequently, in 2023, City Council directed Staff to research user-fee EV charging options which could be owned and operated by the City. Authorization Under State Law. State law is currently evolving and does not prohibit a municipality from offering the sale of electricity via EV Charging Stations (Attachment 1). Rates, terms, and conditions of EV charging services are not subject to regulation at this time. When regulations are enacted, the City will be required to comply, to include reporting to the Florida Department of Agriculture and Consumer Services. Staff reviewed alternative offerings from the following: • ChargePoint: High upfront cost and ongoing networking fees, with a single dual -plug Level-2 station costing over $6,000, and an annual networking fee of over $600 (Attachment 2). • FPL: Quoted to the City as a no -cost option; however, per FPL's service agreement, the City would not be able to institute a rate structure for usage (Attachment 3). • Blink: Provided a no -cost quote for charging stations that would require the City to install cost -prohibitive electrical infrastructure upgrades to accommodate station requirements. (Attachment 4). • SemaConnect: Was recently acquired by Blink, and Staff deems utilizing the company too risky due to changeover (Attachment 5). • NovaCHARGE: An Orlando -based company, NovaCHARGE is recommended as a best option vendor based on lowest cost to implement, with few infrastructural demands on the City, company stability, and product versatility. Staff recommendation: • Procure and install six (6) universal dual -plug Level-2 networked EV charging stations, sourced from NovaCHARGE. Specific model: NovaCHARGE NC8000 Series 240V/32A; which are highly durable, modular, and have a low profile (Attachments 6 and 7). • Authorize the removal of the (1) EV charging station at the Cape Canaveral Public Library. • Authorize the installation of new EV charging stations at Manatee Sanctuary Park (1), Banana River Park (1), City Hall (3) and one (1) new station to be installed at Canaveral City Park, atop a new concrete pad in the parking lot immediately north of the C5. A full project scope can be found in Attachment 8. The EV charging station software operates an artificial intelligence (Al) maintenance feature called "NovaBOT," the first Al diagnostic tool in the EV charging industry. NovaBOT can fix certain minor issues that may arise and works alongside the continuous 15-minute-interval status reports of device health sent to a user dashboard (Attachment 9). Maintenance issues specific to a NovaCHARGE unit beyond NovaBOT's problem solving capabilities would be handled by NovaCHARGE staff. Maintenance issues specific to a unit's supporting infrastructure would be handled by City Staff. The total project quote is $108,912.94 (Attachment 10) and includes all materials, infrastructural upgrades and installation. A draft sales agreement is included (Attachment 11). Each charging station is covered by a four (4) year warranty, with an optional one-year extension for $170 per station. Staff recommends Council approve the one-year warranty extension as part of this overall project approval. The NovaCHARGE warranty policy covers the entire replacement of each unit City of Cape Canaveral City Council Meeting • July 18, 2023 Agenda Item # 10 Page 3 of 4 (Attachment 12). All new stations will receive a "Cape Canaveral" customized faceplate at no cost (Attachment 13) for branding recognition and continuity, as these will be City -owned assets. Funding Sources. Four of the six new charging stations will be located within the CRA (i.e., Canaveral City Park and City Hall). As such, Staff proposes utilizing CRA funds for the installation of these specific stations, and the general fund for the remaining two stations at Manatee Sanctuary Park and Banana River Park. Rate Structure. A Resolution, establishing the rate structure, will be presented for Council consideration at an upcoming Regular City Council meeting. Establishing a rate structure requires research into the current EV Charging Market. At this time, the market is not saturated and is expanding, which means future competition will influence future rate structures. A competitive EV charging rate structure analysis will be included with the Resolution agenda item. Any approved rate structure can be changed by City Council at any time. Rate Differential For Residents vs Non -Residents. City Council may opt to provide a discount for residents. The example below illustrates a differential rate structure per kilowatt hour (kWh) for residents vs non-residents. This rate structure differential is authorized under State law, because, as described above, rates, terms, and conditions of EV charging services are not subject to regulation at this time. The charging station software will allow for this degree of customization. For more information on how a potential fee differential would be implemented, see Attachment 7. A potential rate structure, with a fee differential, is presented below. Fees collected would be used to pay for the electricity provided at the stations as well as the maintenance needs of the stations and related infrastructure. The rate structure can also charge an additional user fee to physically park in the EV parking space, should Council desire this in the future. The rate structure will need to include an increased cost after the first five hours to encourage vehicle turnover at each station. • Potential Residential rates: - $0.15 per kWh for the first 4 hours - $0.20 per kWh after 5 hours • Potential Non-residential rates: - $0.20 per kWh for the first 4 hours - $0.25 per kWh after 5 hours Typically, a full "refuel" for an EV battery pack costs less than that of a full refuel of a traditional gas or diesel vehicle, and the cost of electricity is less volatile in nature than the cost of gasoline or diesel. As such, the City assumes minimal risk in the proposed rate structure in terms of the cost of electricity provided. Annual revenue generated is a function of the approved rate structure and annual usage. This revenue is estimated to be at least $71,884.80 (assuming proposed residential kWh rate). For more financial details, please see Attachment 6. Exact revenues are determined by incremental kWh service provided, residential vs non-residential usage, and program costs. Attachment 7 indicates that the operating expenses are currently approximately $10,810.80/year. This amount will vary from year-to-year; however, with anticipated annual revenue of $71,884.80, the City will more than cover program expenses. The system's digital dashboard will produce actual expense and revenue figures in real-time at any time requested. Staff will produce an annual report on program City of Cape Canaveral City Council Meeting • July 18, 2023 Agenda Item # 10 Page 4 of 4 revenue/expenses. During the first year, Staff will produce the report for City Council on a quarterly basis. This is currently not a budgeted item. This item came to light subsequent to the March 2023 Strategic Planning Retreat and cost figures were not available at the time of proposed budget distribution. This item will require a FY 23/24 budget allocation for the project in the amount of $120,000 and an estimnated revenue line item of $72,000. NovaCHARGE CEO Oscar Rodriguez and/or NovaCHARGE VP of Inside Sales and Sales Ops Will Rigsby are scheduled to be in attendance to answer any questions Staff or Council Members may have. Submitting Department Director: David Dickey Attachments: 1. Email from City Attorney re: Pertinent Florida State Statute EV Charging Station Information 2. COCC — ChargePoint EV Charging Station Quote Information 3. COCC — FPL EV Charging Station Agreement Draft 4. COCC — Blink EV Charging Station Quote Information 5. COCC — SemaConnect EV Charging Station Quote Information 6. NC8000 Series Charging Station Spec Sheet 7. NC8000 Series Charging Station Real -world Example Images 8. COCC EV Charging Station Upgrade Project Scope 9. NovaCHARGE NovaBOT Explainer Sheet 10. NovaCHARGE Project Proposal Quote 11. NovaCHARGE Draft Project Sales Agreement 12. NovaCHARGE NC8000 Series Charging Station Warranty 13. NovaCHARGE NC8000 City of Cape Canaveral Custom Faceplate Design Financial Impact: • Staff time and effort to prepare this agenda item. • Total upfront project cost: $108,912.94 (2/3 funded by the CRA, the remaining 1/3 fund by the General Fund). • Proposed total budget allocation: $120,000, which includes the one-year warranty extension (total 5 years). • This project is eligible — via the Inflation Reduction Act (IRA) — for a 30% direct reimbursement of EV charging station infrastructure. Savings from the IRA were not included in the upfront project scope in order to explicitly showcase complete project cost. • Ongoing networking fees: $400 per year per charger. • Revenue is estimated at —$72,000, based on proposed rate structure. Reviewed by Administrative/Financial Services Director: John DeLeo The City Manager recommends the City Council take the following actions: Approve City - owned electric vehicle charging station upgrade project proposal to utilize NovaCHARGE networked NC8000 series charging stations, requiring user payment, and a FY 23/24 budget allocation for the project in the amount of $120,000. Approved by City Manager: Todd Morley Attachment 1 From: Anthony A. Garganese To: Todd Morley Cc: David Dickey ; Zachary Eichholz; Don Willis Subject: RE: [EXTERNAL] EV Charging Stations Date: Tuesday, February 21, 2023 12:06:38 PM Todd, Public utilities are governed by Florida Statutes Chapter 366. Florida Statutes § 366.02 states that the term "public utility" does not include a municipality or any agency thereof. Florida Statutes § 366.94 governs electric vehicle charging stations. Section 366.94(1) states that "[t]he provision of electric vehicle charging to the public by a nonutility is not the retail sale of electricity for the purposes of this chapter. The rates, terms, and conditions of electric vehicle charging services by a nonutility are not subject to regulation under this chapter. This section does not affect the ability of individuals, businesses, or governmental entities to acquire, install, or use an electric vehicle charger for their own vehicles." Further, subsection (2) directs the Florida Department of Agriculture, Office of Energy, to promulgate rules related to the methods of sale, labeling, and pricing of electric vehicle charging stations. Section 50-3 of the Administrative Code was created to house these rules. However, no rules exist. So, electric vehicle charging made available to the public by a non -utility (such as the City) is not considered a retail sale of electricity and, therefore, the rates, terms, and conditions of EV charging services are not subject to regulation at this time. Thus, a city which has installed electric vehicle charging stations on city property is not a public utility and is not engaged in the retail sale of electricity, and therefore is not subject to regulation as a utility under Chapter 366. There is no further provision of the Florida Statutes which would prohibit a city from charging customers for the use of the city's electric vehicle charging stations. A municipality may, therefore, be an owner or operator of an electric vehicle charging station as there is no provision of the Florida Statutes which would prevent a municipality from owning or operating an electric vehicle charging station. Pursuant to Florida Statutes § 377.815(3), the city, as an owner or operator of an electric vehicle charging station, may report the station's name, address, or location, and the fees or costs associated with the electric vehicle charging services provided by the station, to the Florida Department of Agriculture and Consumer Services. Also, FYI. The City of Orlando has publicly -available electric vehicle charging stations (for example near my office by Lake Eola on Rosalind and at the City parking garage on the corner of Rosalind and Robinson). You can find information regarding the charging stations here (private site with information about EV charging stations) and here (city map of charging stations). Regards, Anthony G W D S GARGANESE I WEISS D' GRESTA & SALMAN PA ATTORNEYS AT LAW Garganese, Weiss, D'Agresta & Salzman, P.A. Anthony A. Garganese, Shareholder Board Certified in City, County & Local Government Law 111 N. Orange Ave., Suite 2000 P.O. Box 2873 Orlando, Florida 32802-2873 Phone (407) 425-9566 Fax (407) 425-9596 Kissimmee (321) 402-0144 Cocoa (866) 425-9566 Website: www.orlandolaw.net Email: sshell@orlandolaw.net Any incoming e-mail reply to this communication will be electronically filtered for "spam" and/or "viruses." That filtering process may result in such reply being quarantined (i.e., potentially not received at our site at all) and/or delayed in reaching us. For that reason, we may not receive your reply and/or we may not receive it in a timely manner. Accordingly, you should consider sending communications to us which are particularly important or time -sensitive by means other than e-mail. Confidentiality Note: This e-mail, and any attachment to it, contains privileged and confidential information intended only for the use of the individual(s) or entity named on the e-mail. If the reader of this e-mail is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that reading it is strictly prohibited. If you have received this e-mail in error, please immediately return it to the sender and delete it from your system. Thank you. From: Todd Morley [mailto:T.Morley@cityofcapecanaveral.org] Sent: Friday, February 17, 2023 3:42 PM To: Anthony A. Garganese <agarganese@orlandolaw.net> Cc: David Dickey <D.Dickey@cityofcapecanaveral.org>; Zachary Eichholz <z.eichholz@cityofcapecanaveral.org> Subject: [EXTERNAL] EV Charging Stations Anthony, FYI - One of the agenda items is an item submitted by Councilmember Willis regarding the status of the Rivian Agreement. As you know, Rivian has shifted their focus away from this initiative and we are back to square one. Could the City charge for this service? Is this creating utility? We should be prepared to respond to this next Tuesday. Todd Todd Morley City Manager City of Cape Canaveral (321) 868-1220 x218 100 Polk Avenue — P.O. Box 326 Cape Canaveral, Florida 32920 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. Attachment 2 From: Jeff Rothe To: Zachary Eichholz Subject: Re: ChargePoint Info Date: Thursday, April 8, 2021 10:09:40 AM Attachments: CT4000 Brochure.pdf Make -Ready -Requirements -Specification. pdf Zachary, Here is a budget comparison of station purchase vs ChargePoint as a Service rental pricing for 5 years for the dual port stations based on Sourcewell Pricing for the replacement of the City's Clipper Creek Stations: CT4000 dual port station — Purchase price CT4000 CPaaS Rental per station Station Price $4,000 $1,800/ year for 5 years One Time Activation $349 — waived if 5 years Assure is provided Included Annual Network Services $658 a year — ongoing fee Included 5 Year Assure Maintenance Plan $2,495 Included One Time Electrical Site Validation $599 - waived if 5 years Assure is provided Included Freight $200 Included Total per station $7,353 $1,800 per year for 5 years I have attached some information on the CT4000 dual port station. The CPaaS rental program also includes the mounting/connection of station once the appropriate concrete pad is poured and the wiring and breakers are in place. Please let me know what questions you have. Thanks, Jeff Rothe Sales Director - Florida ChargePoint I chargepoint.com +1.954.716.7920 office +1.954.644.2944 mobile Attachment 3 Draft August 31, 2020 ELECTRIC VEHICLE CHARGING EQUIPMENT AGREEMENT This ELECTRIC VEHICLE CHARGING EQUIPMENT AGREEMENT ("Agreement") is made this day of , 20, by and between ("Host"), with a location at (the "Property") and Florida Power & Light Company, a Florida corporation ("Company"), with an address at 700 Universe Blvd CEA/JB, Juno Beach, FL, 33408. Host and Company are sometimes individually referred to herein as a "Party" and collectively as the "Parties." WHEREAS, Company desires to install and own electric vehicle charging and related equipment, including electrical power inverters, interconnection equipment, electrical wiring, underground conduit, wire and cable management systems, charging stations, electric meters, metering and switch cabinets, and power distribution boxes (the "Equipment") on the Property and Host desires to have the Equipment installed and agrees to permit Company to utilize the Property upon the terms and conditions set forth below. NOW THEREFORE, in consideration of the mutual promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows: 1. Use. During the Term, Host agrees that Company may use the Property for the purposes of, and has the sole right (at Company's cost and in Company's sole discretion) of, constructing, installing, operating, inspecting, maintaining, repairing, enlarging, modifying, removing (at any time), testing and replacing the Equipment and any additional equipment required to dispense electricity to charge electric vehicles, together with the following rights: (a) the right of ingress and egress 24 hours -a -day, 7 days a week; (b) the right, at Company's sole cost and expense, to paint/stripe and to install signage (in either case, in a manner substantially similar to the form attached hereto as Exhibit B) on and around the Equipment; and (c) Company's quiet enjoyment of the Property needed for purposes of this Agreement shall not be disturbed. The location of the Equipment is as described in Exhibit A. 2. Term. Subject to this Section 2, the initial term of this Agreement shall terminate on the seventh (7th) anniversary of the date on which commissioning for the Equipment was completed (the "Initial Term"), and unless terminated earlier as herein provided, shall automatically renew on a year-to-year basis after the Initial Term until the tenth (10th) anniversary of the date on which commissioning for the Equipment was completed (each year, a "Renewal Term," and each Renewal Term together with the Initial Term, the "Term"). If either Party elects not to renew this Agreement for a Renewal Term, then such Party must give a written notice of termination to the other Party at least 90 days prior to the expiration of the then -current Initial Term or Renewal Term, as applicable. In the event such notice is delivered, no further automatic extensions shall occur and this Agreement shall terminate at the end of the then -existing Initial Term or Renewal Term, as applicable. The Company may terminate this Agreement at any time and for any reason by giving 30 days' prior written notice to Host. 3. Cooperation. In general, the Parties agree to cooperate to achieve the purposes and intent of this Agreement. Host shall cooperate as necessary with Company (at no cost to Host) in Company's efforts to obtain all permits, licenses and approvals necessary for the installation and operation of the Equipment. Company will not permit any lien against the Property arising from the installation or operation of the Equipment. Company shall (i) pay any personal property tax which is attributable to the Equipment, and (ii) be the sole recipient and beneficiary of any and all such federal and/or state tax credits, and other financial incentives arising from the installation and/or operation of the Equipment. The right to access and use of Host's electrical system(s) includes for purposes of powering Company's computer equipment used in monitoring the electricity dispensed from the Equipment and record system data to evaluate charging behavior. Host understands and acknowledges that Company and/or its contractors will gather data and information from the Equipment with respect to vehicle charging activity, vehicle usage and technical performance of the vehicle and Equipment. Company shall own all rights to such data and information. Host acknowledges that such data and information will be used and disclosed by Company and third parties for the purpose of understanding and evaluating the impact of electric vehicles on transit systems and the electric power grid, for use in regulatory reporting, industry forums, case studies or other similar activities, in accordance with applicable laws and regulations. To the extent Host has access to the applicable information, the Host will share information reasonably requested by the Company (including, but not limited to, baseline data requests, electric vehicle information, visitor and employee counts, and user surveys). 4. Payment of Electricity. Host is responsible for paying all consumption costs for electricity dispensed from the Equipment at the rate paid by Host based on the Host's then -current Company- tariffed rate. 5. Charge for Use of Equipment. Host agrees that users of the Equipment will not be charged for using the Equipment. 6. Interference. During the Term, Host shall not Interfere, or cause or permit to be caused any Interference, with the Equipment. For purposes of this Agreement, "Interfere" and "Interference" shall mean interference with Company's use, operation, access, maintenance or repair of the Equipment including: (a) subject any portion of the Equipment to any lien or encumbrance unless the holder thereof delivers a non -disturbance agreement; and (b) sale, transfer, assignment, lease or sublease any portion of the Property other than subject to Host's rights hereunder. 7. Insurance. Each Party will maintain at all times during the Term, the following insurance: (a) commercial general liability insurance with limits of One Million Dollars ($1,000,000) per occurrence combined single limit for bodily injury and property damage; (b) business automobile liability insurance with limits of One Million Dollars ($1,000,000) for bodily injury and property damage; and (c) workers' compensation insurance in compliance with Florida statutes. Such policy or policies shall be issued by companies authorized to do business in the State of Florida with a minimum A.M. Best financial rating of "A— VII". Company has the right to meet the insurance designated in this section through any combination of self- -1- insurance, primary or excess coverage. Each Party, for itself and its respective insurers, waives any right to assert any claim against the other Party to the extent such claim is covered by the waiving Party's insurance. Each Party shall waive all rights of subrogation of its respective insurers. 8. Indemnification. Each Party (the "Indemnifying Party") shall indemnify the other Party (the "Indemnified Party") from and against all losses, claims, damages or expenses, including attorneys' fees, incurred by the Indemnified Party in connection with any claims for personal injury or death to persons and damage to property (including environmental damage) arising under this Agreement during the Term, to the extent arising from the negligence or willful misconduct of the Indemnifying Party, its agents, employees, representatives, contractors, affiliates or sub -contractors. Subject to the next sentence, neither Company nor Host shall be liable to the other for consequential, special, exemplary, punitive, indirect or incidental losses or damages or for any loss of use, cost of capital, loss of goodwill, lost revenues or loss of profit, nor shall any parent, subsidiary, affiliate or employee of either Party have any liability under this Agreement, and Company and Host each hereby releases the other and each of such persons and entities from any such liability. The foregoing exclusion shall not be construed to limit recovery under any indemnity or defense obligation of Host under this Agreement related to third party claims. In no event shall the aggregate damages payable by a Party hereunder for any reason whatsoever exceed Three Hundred Thousand U.S. Dollars ($300,000.00). Notwithstanding the foregoing, this Section 8 {adding to the Code}. shall not be construed or interpreted as a waiver of Host's sovereign immunity and the limits established in Section 768.28, Florida Statutes. This section shall survive the expiration or earlier termination of this Agreement. 9. Equipment to Remain Personal Property of Company and Relocation of Equipment. The Equipment is and will remain the property of Company, its successors or assigns, regardless of its use or manner of attachment to the Property. Host agrees to execute such further documentation as is reasonably necessary to ensure that the Equipment does not constitute, and is not deemed to be, a fixture attached to the Property. During the Term, Host may request, in writing, that Company move the Equipment to another location on the Property. If Company approves such relocation, in its commercially reasonable discretion, Company shall, at the Host's cost and expense, relocate such Equipment on terms mutually agreed upon by the Parties. 10. Representations. Each Party represents and warrants to and covenants with the other Party that: (a) such Party has full right, power and authority to execute this Agreement and that this Agreement shall bind and benefit the Parties and their respective successors and assigns; and (b) such Party's execution and performance of this Agreement will not violate any laws, ordinances, covenants or other agreement binding on such Party. Additionally, Host represents and warrants to Company that it has good and unencumbered title to the Property either free and clear of any liens, mortgages or other encumbrances, or if any lien, mortgage or other encumbrance exists, then such lien, mortgage or other encumbrance (or any environmental restriction) will not prevent the performance of this Agreement or burden or encumber the Equipment. 11. Default. An "Event of Default" means that a Party fails to fully perform any of its covenants under this Agreement within sixty (60) calendar days after such defaulting Party receives written notice of such default from the non -defaulting Party; provided, however, if such default cannot reasonably be cured within such sixty (60) day time period, defaulting Party shall not be deemed in default hereunder if defaulting Party has commenced to cure such default within said sixty (60) day time period and thereafter continues with diligence to complete the cure of such default. 12. Remedies. (adding to the Code). Upon an Event of Default as set forth in Section 11, (adding to the Code) non -defaulting Party may (i) perform, or cause to be performed, on behalf and at the expense of defaulting Party, any or all of the undertakings or obligations as to which defaulting Party remains in default, in which event defaulting Party will reimburse non - defaulting Party for such actual reasonable costs and expenses, within forty-five (45) days following receipt of invoice and supporting documentation; (ii) exercise any remedy that such non -defaulting Party may have at law or in equity and (iii) terminate this Agreement upon 30 days' prior written notice if the defaulting Party has not cured such default by the expiration of such 30-day period. Notwithstanding the preceding sentence, Host may not perform any right or obligation of Company under Section 1 (adding to the Code) or take any other action that relocates or physically alters any of the Equipment. 13. Assignment. (adding to the Code) Neither Party shall assign this Agreement or any interest herein without the prior written consent of the other Party; provided, (adding to the Code) that the Parties acknowledge that the Equipment may be covered by Company's utility financing structure. 14. Notices. (adding to the Code) All notices, demands, requests, consents, approvals and other instruments required or permitted to be given pursuant to this Agreement shall be in writing, signed by the notifying Party, or officer, agent or attorney of the notifying Party, and shall be deemed to have been effective upon delivery if served personally, including but not limited to delivery by messenger, overnight courier service or by overnight express mail, or on the third (3rd) business day after posting if sent by registered or certified mail, postage prepaid, return receipt requested, and addressed as follows: To Host: To the address set forth in the Preamble above. To Company: To the VP of Development at the address set forth in the Preamble above with an e-mail copy to FPLEVolution@fpl.com. 15. No Guarantees or Warranties. (adding to the Code) NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THE PARTIES ACKNOWLEDGE THAT COMPANY IS NOT PROVIDING ANY GUARANTEES (INCLUDING GUARANTEES OF PERFORMANCE) OR WARRANTIES OF ANY KIND, WHETHER STATUTORY, EXPRESS, OR IMPLIED (INCLUDING ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE), UNDER THIS AGREEMENT. 16. Additional Equipment. (adding to the Code) In the event Host desires to have installed on the Property any additional electric vehicle charging and related equipment, the Host shall notify Company, in writing, of such desire and Company shall, within 30 days after the receipt of such notice, notify the Host in writing of the terms and conditions pursuant to which Company is willing to so install such additional equipment. If the Parties cannot agree on the terms and conditions for installing such additional equipment within 60 days after the Host's receipt of Company's terms and conditions, then the Host may engage a third - party to so install such additional equipment; provided, however, the Host shall use commercially reasonable efforts to share (or cause -2- such third party to share) data and information from such additional equipment with respect to vehicle charging activity, vehicle usage and technical performance of the vehicle and such additional equipment. 17. Removal or Sale at End of Term. (adding to the Code) Within ninety (90) days after the expiration of the Term, Company shall, in its sole discretion, either (a) remove all charging stations installed by Company at the Property under this Agreement or (b) agree to sell such charging stations to Host on terms and conditions mutually agreed upon by the Parties. In the event of removal, Company shall, at Company's expense, return the area where the Equipment was located to a condition substantially similar to prior to the installation of the Equipment, except for any underground infrastructure and concrete equipment pad(s) installed pursuant to this Agreement (which may be left in place) and ordinary wear and tear. Company shall not be obligated to replant trees or shrubs in connection with the foregoing obligations. 18. Miscellaneous. (adding to the Code) (a) Compliance with Laws. (adding to the Code) Each Party shall perform its obligations under this Agreement in accordance with all applicable codes, laws, rules, regulations, orders and ordinances of federal, state, regional, local and municipal governmental agencies. (b) Amendment. (adding to the Code) No modification, waiver or amendment of this Agreement or of any of its conditions or provisions shall be binding upon a Party unless in writing signed by that Party. (c) Governing Law; Waiver of Jury Trial. (adding to the Code) This Agreement shall be subject to and governed by the laws of the State of Florida, without regard to its conflict of laws principles. The Parties agree that any action or proceeding arising out of or related in any way to this Agreement shall be brought solely in a court of competent jurisdiction in the State of Florida. EACH OF THE PARTIES HERETO HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES THE RIGHT EITHER OF THEM MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED HEREON, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. (d) Severability; Counterparts, Publicity. (adding to the Code) Should any provision of this Agreement be held, in a final and un-appealable decision, to be either invalid, void or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect, and the Parties shall negotiate in good faith to restore insofar as practicable the benefits to each Party that were affected by such ruling. This Agreement may be executed in counterparts, which together shall constitute a single instrument. Neither Party shall issue any press release or otherwise publicize the existence or the terms of this Agreement without the prior written approval of the other Party, which approval will not be unreasonably withheld or delayed; provided that general advertising that refers to a "partnering" (or other terminology of similar import) of either Party with the other Party for the purposes of any of the transactions contemplated hereby, but does not expressly reference this Agreement or disclose any of the terms hereof, shall not be subject to the provisions of this subsection. Filings required by applicable law for any regulatory authority shall, by itself, not be deemed to violate the preceding sentence. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their respective duly authorized officers as of the date first above written. Host: By: Name: Title: Company (Florida Power & Light Company): By: Name: Pam Rauch Title: VP of External Affairs & Economic Development -3- Draft August 31, 2020 Exhibit A-- Location of Equipment Property Address: [___ ]. Number of Spaces: Up to [__] spaces. -4- Draft August 31, 2020 Exhibit B—Form of Signage Electric Vehicle Charging Only Parking Stall Signage (-12" x -18") Electric Vehicle Charging Parking Stall Striping -5- Attachment 4 From: Adrianne Noicely To: Zachary Eichholz Subject: BLINK CHARGING INFORMATION FOR CITY OF CAPE CANAVERAL Date: Tuesday, April 13, 2021 12:26:40 PM Attachments: image001.png BLINK- Contact Information Sheet.docx Blink- BusinessModels Hybrid.pdf Blink- SpecSheet IQ200 Digital (1).pdf Blink- Blink vs ChargePoint Dual Unit FNL.pdf BLINK- Charge Time EV OneHour.pdf Blink- Host Instruction Manual FNL.pdf Hi Zack, As discussed, we will upgrade/ swap out your current Clipper Creek dual units at no cost. Please send W9 and complete attached contact sheet for each location, so I can draw up agreement. Also, please send each location's 3 most current electric bills, to determine reimbursement rate, when returning signed agreements. Blink Hybrid Model • Blink provides Level 2 80 amp Advanced unit at no cost • Blink sets charging rate • Host is reimbursed the cost of electricity • Operational cost deducted from gross revenue • NET revenue share up to 60/40 • 5 year agreement • Blink is responsible for maintenance Thanks Adrianne Noicely Executive Sales Manager blnk P: 305-521-0200, EXT. 200 C: 305-720-0958 Anoicely@BlinkCharging.com www.BlinkCharging.com Please consider the environment before printing this email (Nasdaq:BLNK) Attachment 5 Electric Vehicle Charging Station Order Form SemaConnect Prepared By Email Bill To Name Contact Name Bill To Cindy Hall cindy.hall@semaconnect.com City of Cape Canaveral Zachary Eichholz 100 Polk Avenue Cape Canaveral, FL 32920 US Quote Name Quote Number Created Date Phone Email Ship To City of Cape Canaveral - Option #2 - Swap Q-14061 4/12/2021 (321) 868-1220 x219 z.eichholz@cityofcapecanaveral.org City of Cape Canaveral 100 Polk Avenue Cape Canaveral, FL 32920 SemaConnect is pleased to extend this offer of Electric Vehicle Charging Station products and services. By signing this document you are committing to order the charging station solution as defined below. Product and Services Description • SemaConnect Commercial -Grade Smart EV Charging Station(s) with Mounting Device(s) • Full Service Program includes: • Network Service Program: Cloud -based management software, 1-800 driver support, dedicated cellular data communications and 24x7x365 state-of-health monitoring. • Warranty Program: Full Replacement Service with no repair cycle Product List Price Discount $ Quantity Subtotal SemaConnect S6 Charging Stations w/ One Year Full Service - Dual Pedestal Please Note: Shipping and Handling is an estimate. Final cost will be provided after your order ships. Sales tax will be charged in select states based on the current rate and the ship to address unless a sales tax exemption form is received prior to shipping. $7,180.00 $2,000.00 6.00 $31,080.00 Total Price $31,080.00 Shipping and Handling $800.00 Grand Total $31,880.00 Network Service Fees Network Service Fees will begin after Full Service Program is complete and will be billed annually. Yearly Network Service Fee $2,880 Delivery Schedule Delivery within 3 week(s) of placing the Order This signed document shall serve as a Purchase Order for the proposed project Price does not include exact shipping fees or sales tax Quoted price is valid for 30 days from Created Date • Shipment within 60 days of Order: Invoice for 100% of project price upon shipment with Net 30 day terms • Shipment 60 days or greater of Order: Invoice for 25% upon order placement, 75% upon shipment with Net 30 day terms Accepted by: Name Title Signature Date SemaConnect, Inc. www.semaconnect.com Terms and Conditions can found at www.semaconnect.com Electric Vehicle Charging Station Order Form SemaConnect Installation Property Information - Must be complete for order to be processed Primary Property Zachary Eichholz Contact Property Contact z.eichholz@cityofcapecanaveral.org Email Property Contact (321) 868-1220 x219 Phone Property Street 100 Polk Avenue Property City Cape Canaveral Property State FL Property Zip 32920 Property Country US Installation Property Information - Update Address and Contact Up-to-date Property Name, Property Address and Property Contact Information is required for the order to be processed. Property Contact Name: Property Contact Phone: Property Contact Email: Property Name: Property Address: SemaConnect, Inc. Terms and Conditions can found at www.semaconnect.com www.semaconnect.com Attachment 6 NovaCHARGE Empowering The Future NC8000 Series EV Charging Stations Universal Product Interoperability Open standards focus ensures compatibility. Supports Flexible Business Models Custom rules & billing options enable business agility. Next-gen Cloud Administration Guarantees worry -free operation. Proven utility -grade reliability built on open standards for future -proof investment > Intuitive User Interface • True Open Charge Point Protocol (OCPP) compliant to select any network provider • Universal J1772 charger works with all plug-in EVs, including Tesla with an adapter > Wall or Pedestal Mounting Easy Installation • Single or Dual > Engineered aluminum pedestal supports two units and their holsters > High -Velocity Wind -Rated • Novara Robust Communication > Networked: Wi-Fi, Cellular > Non -Networked: Authenticated > Expanded RFID Tag Reader Capability to control alternative charging access and payment Rugged, Feature -Rich Design >All -Weather Housing - NEMA 4 >25' Cord Option > Hardened Heavy -Duty Connector > Rust & Heat Damage -Resistant > Tamper -Resistant Design © Copyright 2023 NovaCHARGE. All rights reserved. The NC8000 delivers flexible business model adoption Public Charging • Fully Networked Charger • RFID Card Enabled • Standard OCPP Network • Independent Billing • Flexible User Controls • Flexible Billing Terms • User Authentication • Power Select/Share • 24 hr. Driver Support • Web/App Visibility Free -vend Public Charging • Automatic Charging Mode • Networked Cloud Options • Free Charging Mode Customize a branded faceplate. Network Options • Optional Data Collection Mode • Power Select Capable MDU, Fleet & Workplace Charging >Expanded RFID Option • User Authentication • Cloud Data Collection • Low Operational Cost > Dynamic Load Mgmt > Authenticated Charging > Resilient Transaction Preservation • Cloud Outage Availability Personal Residential Charging Automatic Free Charging • Networked Cloud Options > Demand Response > Power Select capable • Low Operational Cost • WiFI Installation App RFID QR CODE QR & RFID WAYS TO GET IN TOUCH www.novacharge.net sales@novacharge.net US Toll Free (866) 417-9995 International: +1 (813) 333-1119 © Copyright 2023 NovaCHARGE. All rights reserved. NovaCHARGE Empowering The Future tm It Doesn't Get Better Than Our EV Charging Administration Solution chargeup Flexible Hosts & Station Roles Integrated: All chargers & locations are managed by one organization with host -defined rules Distributed: Enables variety in management business models, permissions, access, pricing and more Charge up ,® Multiple Pay Models Create Flexible Revenue Streams Ability to create usage rules that enable differentiation in EV charger access Ability to apply usage & pricing rules for accounts, drivers, vehicles and organizations Host -defined flexible pricing rules support revenue optimization, including public charging Future -Proof Features True Open Charge Point Protocol (OCPP) compliant to select any network provider Web -enabled, platform independent, virtual & secure user access Support for driver access via both mobile phone application & RFID tag Intuitive Flexible The Driver Experience is...Easy © Copyright 2023 NovaCHARGE. All rights reserved. NC8000 SERIES SPECIFICATIONS - US & Canada Model 32 Amp 40 Amp 80 Amp Elecrical Specs Current (rms) Max 32A Max 40A Max 80A Voltage (Vac) 208/240VAC, Single Phase Frequency (Hz) 50 Hz/60 Hz Input Power -Standard 208/240VAC, Single/Split Phase, 32A, WYE Configuration Input Power -Custom 208/240VAC, Single Phase, With Reduced Power Options Output Power 7.68kW (240VAC@32A) 9.6kW (240VAC@40A) 19.2kW (240VAC@80A) Metering Accuracy Embedded +/- 2% (internal) Embedded +/- 1 % (internal) Embedded +/-1 % (internal) Network & Administrative Support Network Services Support Open Standard Administrative Cloud and Non -Cloud Options Available Unlocked Network Selection Supports On -the -Fly Network Change -Over Data Protocol Open Standard, OCA Compliant OCPP 1.6J Demand Response Provides In -Band & Out -of -Band Access to Central Server Open ADR Secure Administrative Channel Provides In -Band & Out -of -Band Communications for Administrative Functions Remote Diagnostics Capable Enables Automatic Self Healing Functionality through In -Band & Out -of -Band Services (NovaBot Cloud Required) Communications & Interfaces Wi-Fi 802.11 b/g/n (OCPP and Administrative Capable) Ethernet Yes (OCPP and Administrative Capable) Web portal management Yes (Requires Administrative Cloud or Diagnostic Cloud Services) Cellular 4G-LTE Cat. 1 (ATT, TMobile, Verizon); 5G Future -Proof 4G-LTE Cat. 1 (ATT, TMobile, Verizon); 5G Future -Proof 4G-LTE Cat. M1/Cat. NBio T(ATT, TMobile, Verizon); 5G Future -Proof Robust RFID/NFC Authentication ISO 14443 A/B (MiFare compatible), ISO 15693, NFC; NEMA Interoperability Protocol Material Specs Holster Click -In Holster for J-1772, Wall or Pedestal Mount Charging Cable Commercial heavy-duty 25 ft. (18 ft. optional) Charging Connector SAE J1772 Type 1-with hardened rubber wrap for heavy-duty use SAE J1772 Type 1- heavy-duty use KST connector SAE J1772 Type 1- heavy-duty use KST connector Real Time Clock Yes (Synchronization with NTP & Cloud Service) Display 116(L)*8.5(W)*37(H)mm, 5.57mm CHARACTER HEIGHT, 5"8 DOT Matrix, OLED 20x2 Mounting Type Wall/Pole mount (optional pedestal available) Wiring Type Hard -wired or NEMA 6-50 Optional Hard -wired Hard -wired Dimension (HxWxD, inch) 11.14 x 7.56 x 3.11 11.14 x 7.56 x 3.11 14.1 x 10.6 x 5.5 Light Indicators Informative Light Indicators for Applicable State: Charger Available, Charging Started, Battery Full, Charger Faults and Charging Completed Environmental & Safety Specs Operating Temperature 30 « 50 °C/-22 « 122 °F 30 « 50 °C/-22 — 122 °F 35 — 55 °C/-31 —131 °F Storage Temperature 40 » 70 °C / -40 — 158 °F 40 » 70 °C / -40 » 158 °F 40 — 80 °C/ 40 —176 °F Operating Humidity 95% RH non -condensing Impact Resistance IK10 IP Performance NEMA 4 NEMA 4 NEMA 3R Certifications/Safety Compliance cUL, UL 50/991/1449/1998/2231/2594, FC Part 15B FCC Part 15B/15.247 (Wi-Fi)/FCC Part 15.225 (RFID) Overload Protection & Ground Fault Detection Limited Warranty NovaCHARGE warrants that this product shall be free of defects in materials and workmanship under normal use for a period of 4 years (Commercial) from the date of delivery. For complete warranty information, contact NovaCHARGE at info@ NovaCHARGE.net NovaCHARGE warrants that this product shall be free of defects in materials and workmanship under normal use for a period of 4 years (Commercial) from the date of delivery. For complete warranty information, contact NovaCHARGE at info@ NovaCHARGE.net NovaCHARGE warrants that this product shall be free of defects in materials and workmanship under normal use for a period of 2 years (Commercial) from the date of delivery. For complete warranty information, contact NovaCHARGE at info@ NovaCHARGE.net Additional Warranty (optional) Extra One Year Warranty Extendable Interested? Let's Talk. info@novacharge.net US Toll Free (866) 417-9995 International: +1 (813) 333-1119 Rev Date 1/18/2023 © Copyright 2023 NovaCHARGE. All rights reserved. Attachment 8 CITY OF CAPE CANAVERAL PO. Box 326 • 100 Polk Avenue • Cape Canaveral, FL 32920-0326 (321) 868-1220 • www.cityofcapecanaveral.org City of Cape Canaveral Electric Vehicle Charging Station Upgrade Project Scope Community and Economic Development Department — Resilience Division Project Justification: The City of Cape Canaveral (City) currently owns and maintains six dual plug Level-2 electric vehicle (EV) charging stations. In total, this amounts to twelve plugs (two at each station) in which an EV user can use to recharge. They are compatible with all makes/models of EVs (including Tesla's with an adapter) and require no payment to utilize. Each charging station is a ClipperCreek-manufactured HCS-40 240V/32A model that is "non -networked", meaning they cannot permit and/or record pertinent operational information such as electricity expenditure, dispense user fees, immediate notification of maintenance issues, or the creation of customizable charging experiences. Being non -networked, current City EV charging stations only dispense electricity when their plugs are plugged into EVs. Three charging stations are located at City Hall, one at the Cape Canaveral Public Library, one at Manatee Sanctuary Park, and one at Banana River Park. The first of these charging stations were installed at the Cape Canaveral Public Library in 2016. The last of these charging stations were installed at City Hall in 2019. They are directly connected to Florida Power and Light's (FPL) — the City's electrical utility provider — electrical grid and the electricity they dispense into EVs is paid for via the City through the monthly bill charged to the City affixed to each facility the charging stations are co -located with. Due to the fact that the City's current EV charging stations are non -networked, it is impossible to quantify an exact electricity expenditure since each station's installation. However, it is possible to calculate some generalized cost estimates. The City's utility rate varies from facility to facility depending on size and use, but it is generally set between 9 and 12 cents per kilowatt hour (KWh). Taking the low end of this range, 9 cents per KWh, an EV with a 33-KWh battery pack (which by today's standards is relatively small) would cost the City $2.97 to fully recharge. An all -electric Ford F-150 Lightning pickup truck with a 131-KWh battery size would cost the City $11.79 to fully recharge at 9 cents per KWh. Per ClipperCreek's charging station manual, the HCS-40 stations that the City has dispense 7.7 kilowatts per hour. Assuming an EV uses a station's plug for five hours each weekday, and taking into account the low end of the City's utility rate, this equates to $900.90 worth of electricity dispensed, and across all charging twelve City plugs this goes up to $10,810.80. Installing and supporting EV charging station infrastructure is an important component to the City's sustainability and resilience program, as well as to its long-term economic development and livability. When Page 2 first put into place in the late 2010s, the City's free -to -use EV charging stations were intended to help facilitate the expansion of the nascent EV sector. Their use was relatively infrequent by only a select number of available makes/models. Today, the EV sector has changed dramatically, necessitating a better customer service experience at the City's charging stations and an implementation of charging fees to cover electricity expenditure as their usage continues to grow. Staff frequently observes each charging station being utilized on a daily basis. EV drivetrains are solely powered by onboard battery packs, which continue to grow in physical size and capacity. This growth, while affording drivers longer ranges, also requires more electricity to recharge and therefore longer charge times from Level-2 style charging stations. A typical Level-2 charging station will add 20-30 miles of range to an EV's battery every hour. Active charge management is an important modern component of EV charging station infrastructure in order to efficiently accommodate these factors, factors that the City's current charging stations cannot address. According to the Electric Power Research Institute, by early 2023 there were over 50 available makes/models of EVs available including various trim levels and variations. By 2024, it is estimated that over 130 will be available to customers with an ever-increasing diversity of prices. By comparison, in 2016 when the City's first EV charging station was installed, a little over 20 makes/models were available, with most being considered too costly for most car buyers to readably purchase. Important highlights to note from the International Energy Agency's (IEA) 2023 Global EV Outlook are: • More than 10 million EVs were sold in 2022. • In 2023, it is predicted that EVs will amount to 18% of global car sales, up from 14% in 2022 and just 1% in 2017. On this trajectory, EVs will have nearly quadrupled their market share since 2020. • By 2030, EVs are estimated to make up 1 in 3 new vehicle sales, amounting to a 36% market share. • At this market share, the number of EVs in use would eliminate the need for 5 million barrels of oil per day by 2030, cutting 700 million metric tons of heat trapping carbon dioxide equivalent emissions or roughly the annual emissions of Germany or Saudi Arabia. This carbon dioxide emissions savings calculation accounts for any fossil fuels used in the generation of electricity to run an EV fleet. • It is important to note that each of the IEA's annual Global EV Outlook reports revise projections upwards with each outlook's release. In its 2021 outlook, the IEA stated EVs would reach 15% of global sales by 2030, a level nearly reached already in 2022. Last year, the IEA said existing policies would drive electric cars' share to just 21% by 2030. • The outlook's executive summary can be found here: https://www.iea.org/reports/global-ev- outlook-2023/executive-summary Florida is second only to California in the number of EVs registered in the state according to the Southern Alliance for Clean Energy. By 2030, Florida Power and Light (FPL) predicts that there will be over 600,000 EVs in its service territory by 2030 and 8.1 million by 2040. Florida Governor Ron DeSantis has expanded the coordination, planning, and buildout of EV-related infrastructure alongside the Florida Department of Transportation in order to prepare for this expansion and to position the state to be a national leader in the United States (US) transportation sector's electrification. Also, numerous auto manufactures have indicated that they will only be producing EVs in the next five to fifteen years or significantly reducing their all- gas/diesel market options. Page 3 The City is located in a unique corridor that has seen it become a multi -modal hub of diverse socio- economic activity, eco-tourism, and national security assistance that necessitates its role as a leader in future -ready planning and resilient design. This being the case, the City's EV charging stations should be upgraded to "networked" or "smart" charging stations that can provide important usage telemetry and require user payment in order to offset increasing system demands. This is also stated in the City's 2021 Resiliency Action Plan in Preparedness Target #18 (page 55). Numerous EV advocate organizations and entities today no longer support offering free EV charging due to the sheer number of EVs now present. Upgrading to networked EV charging station infrastructure within the City will help to ensure: 1. Expanded access to EV charging for residents and visitors to help continue the US transportation sectors overall electrification process to meet expanding consumer, regulatory, and market demands. 2. A reduction in greenhouse gas emissions and other air pollutants, contributing to the City's goal to have net zero operations by mid-century. 3. An efficient transition to an electrified City vehicle fleet. 4. Adequate local access to universal charging stations during emergency evacuation situations (i.e., a hurricane -related evacuation) given the City's vulnerable location as a barrier island. 5. Increased economic activity by encouraging a usable market for EV users to come and utilize local businesses. 6. The City does not become a "charging desert", a term used to describe a location without easy access to EV charging infrastructure. 7. Long-term financial sustainability of public EV charging stations as they will become sources of revenue given that they will require payment to utilize. 8. Flexible and adaptable control over the management of the City's EV charging station program. 9. That the City continues to lead by example as a model twenty-first century coastal municipality. The US's growing network of EV charging stations provides the chance to build an inherently more resilient transportation sector by allowing for the decentralized distribution of charging stations as opposed to centralized traditional gas and diesel fuel stations. Charging stations, especially Level-1 and Level-2, can be installed at almost any location with minimal infrastructure when compared to a gas/diesel refueling station. Single points of failure can be reduced and accessibility can be increased. Project History: Staff began preliminarily investigating the possibility of upgrading each of the City's EV charging stations to networked variants in 2021 when a noticeable frequency in usage was observed. Staff began compiling a list of suitable alternatives to the City's existing ClipperCreek charging stations that included offerings from SemaConnect, NovaCHARGE, ChargePoint, FPL, and Blink. ChargePoint stations were quickly dismissed as an option due to their high upfront cost and ongoing networking fees, with a single dual plug Level-2 station costing over $6,000 per station plus an annual Page 4 networking fee of over $600. FPL EV charging stations were quoted to the City as being free; however, per the service agreement outlined by the company to Staff the charging stations would be required to be free to all users. SemaConnect was recently acquired by Blink, so Staff deemed utilizing the company and its quote to risky due to its changeover. Finally, the charging stations quoted by Blink were also quoted as free but would require too much supporting infrastructure upgrades (which require a cost) since they required more electricity to operate than what City facilities and buildings could offer. NovaCHARGE was seen as a viable vendor to utilize based on price, infrastructure needs, company stability, and versatility. Staff was ready to formally recommend NovaCHARGE to Council in a project proposal when in late 2021, Staff were connected with a California -based EV manufacture called Rivian via the Climate Mayors EV Collaborative. Rivian was seeking to install roughly 10,000 of its own purpose-built EV charging stations across the US as part of what it called its "Adventure Network". Rivian scoped the feasibility of installing their own EV charging stations at no cost in place of each of the City's existing ones. While these stations would have been publicly accessible, they would have been owned and operated by Rivian. When presented with this proposal, Council was supportive and asked Staff to pursue the project to completion with two specific goals in mind: 1) transitioning the City's current non -networked EV charging stations to networked variants, 2) requiring payment for use. After about a year of site visits, planning, and the nearly complete drafting of an agreement, Rivian representatives notified Staff in early 2023 that they no longer possessed the funds to continue forward with the project. Current Project Proposal/Outline: Today, Staff is prepared to once more recommend that the City move forward with the procurement and installation of six universal dual plug Level-2 networked EV charging stations from Orlando -based NovaCHARGE. NovaCHARGE has been in existence since 2008, and now has a long list of customers that includes the City of Orlando, Florida, Walt Disney World, the City of St. Petersburg, Florida, and Viera, Florida. These new EV charging stations would be located at: 1. Manatee Sanctuary Park, 1 unit, two plugs atop existing charging station pad 2. Banana River Park, 1 unit, two plugs atop existing charging station pad 3. City Hall, 3 units, two plugs each atop existing charging station pads 4. City of Cape Canaveral Community Center (C5), 1 unit, two plugs atop a new pad in the parking lot immediately north of the building The EV charging station that currently resides at the Cape Canaveral Public Library would be removed, and the two "EV Only" parking spaces dedicated to it would be converted to regular parking spaces. The services of this station would be moved to the C5's new charging station. The C5 was built to be "EV-Ready" with additional breaker space and pre -laid conduit for wiring already running to the intended exterior installation spot. This swap would still ensure the same level of charge service currently provided by the City while freeing up space for anticipated near -future parking lot improvements and facility upgrades at the Cape Canaveral Public Library. Page 5 At each location, the City would specifically utilize NovaCHARGE's NC8000 Series 240V/32A EV Charging Station. This networked charging station will offer a vast range of versatility and adaptability. Features and attributes include: • A wireless cellular connection that provides an uplink for software functions that will be independent of any of the City's internet or phone systems, offering enhanced cybersecurity. • NEMA-4 rated enclosures capable of withstanding major winds events, rain storms, and intense UV levels. • Each station's enclosure is made of an ultradurable plastic, meaning they will not suffer from corrosion. • A 25-foot flexible charging cord. • Software that can be updated at a moment's notice to change payment options and review relevant operational data (i.e., the number of EVs that have recharged, the amount of electricity dispensed, the amount of revenue generated, etc.). • The ability to automatically lower their voltage to accommodate increased charging requirements as more EVs plugin to reduce the possibility of circuit breaker tripping. • An Al -driven maintenance "bot" operating within the charging station's software that can self - identify and even sometimes fix issues that may arise. This bot is called NovaBOT, and is the first Al EV charging station diagnostic tool in the industry. • Each station will "check -in" every 15 minutes with a status update, notifying Staff of its health. • Each station can be remotely shutdown if ever necessary or be placed on a timer to designate specific hours of usage. • Each charging station is modular in design, so they can be easily removed from their pedestals and replaced if needed. Each station's module is no larger than the average laptop computer. • Being networked, each station will be visible on the US EV public charging network, making them more accessible to users in need of a charge. • Staff will have access to a data dashboard for each charging station 24 hours a day, 7 days a week for monitoring purposes. • Each charging station module's faceplate will be branded with the City's seal as these will be City - owned assets. • Electrified City fleet vehicles would not be fiscally charged for using these stations. Fleet drivers would be given a special access code and/or a key fob to indicate to each charging station that they are utilizing a City fleet vehicle and to not fiscally charge them for usage. Procurement to installation/activation would take 30 to 60 for all six new EV charging stations. Staff intends to work with NovaCHARGE on an education and awareness campaign in preparation of the launch of these new stations several weeks in advance of their activation that would indicate how each one works, how the public is to interface with them, and outline the payment structure. This campaign would also inform the public about when the old stations would be brought offline and when the subsequent temporary loss of charging services would occur. All existing ClipperCreek charging stations will be kept by the City as they are still in good working order. They will be utilized for City fleet operations where appropriate and feasible, and at least one will be installed Page 6 at the Brevard County Sheriff's Office Cape Canaveral Precinct Building to help the organization fulfill its own EV-related goals. Program Payment Structure: Payment will be structured as follows. It is advised that City residents be able to use the City's charging stations at a discounted rate compared to nonresidents. EV recharging costs are not structured as traditional gas/diesel refueling stations. They usually require significantly less cost to recharge over refueling an all - gas or diesel vehicle. This is because the average cost of electricity is less expensive — and has less fluctuation and market uncertainty — than the average cost of a gallon of gasoline or diesel fuel. It is proposed that residents be charged 15 cents per KWh to recharge. To reduce wait times and encourage turnover, this price will increase to 20 cents per KWh after five (5) hours. Nonresidents will be charged 20 cents per KWh, and after five (5) hours this will increase to 25 cents per KWh. Users will not be charged an additional fee for parking specifically within an "EV Only" designated spot. They will only be charged for the electricity dispensed to recharge their EV. All City charging stations will be programmed to cease operations at 8:00 pm every evening, and resume operations at 7:00 am every morning. Per City Code, it is prohibited to remain parked overnight at a City park (i.e., Manatee Sanctuary Park, Banana River Park, and Canaveral City park where the C5 is located). While not prohibited by code, the City does discourage overnight parking at City Hall to reduce the chances of loitering and risks during off -hours. To receive a resident -based charging rate, residents will need to send City Staff their email address with proof of residency (i.e., a driver's license, a utility bill, etc.) so it can be uploaded into each charging station's recognition software so the system will know to offer them the resident -based rate. This rate will only work for NovaCHARGE stations being operated on City property. No other NovaCHARGE charging stations, or any other charging station, will offer this same rate/payment structure. In the prelude to a severe tropical cyclone event and an evacuation order is given to leave the barrier island, charging stations fees will be reduced to 5 cents per KWh for all users. This will help facilitate evacuation traffic by offering recharges to EV users wishing to leave the island. This specific "emergency pricing plan" will only be instituted when an evacuation order is given. As with any utility, charging stations will not be physically turned off during a storm event, but their hours of operation will remain the same. It is impossible to determine an exact figure for the revenue stream these new charging stations will be able to produce; however, some generalized examples can be determined based on the KWh rate discussed above. Exact revenues will ultimately be determined by the length of time one uses a charging station, the type of EV make/model they have, and whether or not they are a resident. An all -electric Ford Focus with a 33-KWh battery pack would cost $5.60 to recharge from 0% to 100% at the City's proposed resident -based charging rate and $7.40 to recharge under the nonresident rate. A Ford Mach-E GT Performance Edition would cost $16.50 to recharge from 0% to 100% at the resident -based rate and $22.00 at the nonresident rate. A Tesla Model Y Standard Range would cost $8.30 to recharge from 0% to 100% at the resident -based rate and $11.10 at the nonresident rate. A Rivian R1T with a 180-KWh battery pack would cost $30.00 to Page 7 recharge from 0% to 100% at the City's proposed resident -based charging rate and $40.00 to recharge under the nonresident rate. Each NC8000 series charging station (240V/32A) has a power output of 7.68 kilowatts per hour. Assuming an EV uses a station's plug for four hours each weekday (with an average of 260 weekdays in a year), and taking into account the proposed resident -based rate of 15 cents per KWh, this equates to $5,990.40 worth of possible revenue generated, and across all charging twelve City plugs this goes up to $71,884.80. Using the proposed nonresident rate of 20 cents per KWh, these figure rises to $7,987.20 and $95,846.40 respectively. All of these figures do not consider the added cost of recharging after four hours as proposed. Any paid charging session will also incur a flat 50 cent + 5% of the total transaction cost to users. The City's new EV charging stations will also subsequently receive new supporting wiring and circuit breakers that will ensure tripping no longer occurs, which is included in the price and detailed in the proposed sales agreement. This is also just being done to ensure all supporting infrastructure is up-to-date and prepared to handle future wear and tear for years to come. It is not uncommon for the City's current charging stations to experience tripping, which necessitates a manual reset by Staff only when alerted by a member of the public or by in -person visual inspection since they are non -networked, creating an undesirable charging experience. Any largescale maintenance issues that may arise specific to each charging station unit will be handled by NovaCHARGE. Any maintenance issues that may arise with each charging station's supporting infrastructure will be handled by Staff. Each charging station has a warranty of four (4) years, with an opportunity to extend the warranty for a fifth year at any time at $170 per charger. Total upfront project cost at this time is $108,912.94. Ongoing networking fees will be $400 per year per charger. This $400 cost breaks down to $280 for the "ChargeUp" operating software within each charging station and $120 for the use of NovaBOT. Four of the six new charging stations will be located within the CRA (i.e., Canaveral City Park and City Hall). As such, Staff proposes utilizing CRA funds for the installation of these specific stations, and the general fund for the remaining two stations at Manatee Sanctuary Park and Banana River Park. This project is also eligible — via the Inflation Reduction Act — for a 30% direct reimbursement of EV charging station infrastructure. Savings from the IRA were not included in the upfront project scope in order to explicitly showcase complete project cost. Attachment 9 NovaCHARGE Empowering The Future NovaBOTTM Overview Chargeup Ensuring Uptime NovaBOT Proactive Maintenance Monitoring At NovaCHARGE we believe in creating successful ROI for all station (charger) owners. With 15+ years of experience in deploying EV charging hardware and software for marquee brands, we know how to build a seamless charging experience for EV drivers while creating proven value for station owners. A significant component of ensuring an excellent customer experience and maintaining optimal uptime to drive ROI is proactively addressing issues on the charging network that could potentially impact the charging experience. NovaCHARGEs AI -driven solution to this challenge is NovaBOTTM proactive maintenance monitoring. © Copyright 2023 NovaCHARGE. All rights reserved. Rev 06/01/2023 NovaCHARGE All chargers on NovaCHARGE's ChargeUP network can benefit from NovaBOT's continuous charger monitoring. During normal operation, the AI -driven NovaBOT regularly monitors deployed charger health and identifies potential charger health issues, automatically creating service tickets as necessary. Optionally, NovaBOT can be employed to automatically respond to identified charger issues and initiate charger self -healing. NovaBOT-enabled systems can reduce or eliminate the need for costly truck rolls by detecting, and in many cases solving, potential issues before they can impact the charging experience. Truck Roll 15% Non - Electrician 18% Fixed by NovaBot 67% NovaBOT solves roughly 67% of all support tickets and approximately 95% of all the tickets it creates on its own. When NovaBOT identifies that human intervention is required, it automatically creates high -priority service tickets to begin the support process. This drastically reduces the amount of human effort required to keep a charging network in top condition and ensures maximum uptime for all chargers. In most cases, potential issues are detected and corrected before any drivers experience issues at the affected charger, resulting in a seamless charging experience for our customers, and driving brand value and loyalty for the charger owner. Interested in learning more about NovaBOT? Let's Talk. sales@novacharge.net US Toll Free (866) 417-9995 International: +1 (813) 333-1119 NOVACHARGE.NET © Copyright 2023 NovaCHARGE. All rights reserved. Rev 06/01/2023 NovaCHARGE http://portal.novacharge.net/quote_display.aspx?quoteid=100476 Attachment 10 NovaCHARGE Empowering The FutureTM Q230321R2 Project: Total Quote for 4 Locations, 6 Dual Station EV Chargers Date Created: 6/8/2023 12:52:27 PM Contact City of Cape Canaveral Zach Eichholz 100 Polk Avenue — P.O. Box 326 Cape Canaveral, Florida 32920 z.eichholz@cityofcapecanaveral.org (321) 868-1220 x219 NovaCharge, Inc. 4201 Vineland Rd, Suite 1-5 Orlando, FL 32801 Phone: (813) 333-1119 www.novacharge.net Terms: Net 90 Days Sales Rep: Kathryn Buchanan Ship -To Zach Eichholz 601 Thurm Blvd Cape Canaveral, Florida 32920 z.eichholz@cityofcapecanaveral.org (321) 868-1220 x219 Items Name Description NC8012 NC8000, WIFI, 25' J1772 ruggedized connector, Hardwire installation, OCPP Configuration, Client NC8112 NC8000 Series 32A/7.68kW Gateway charger with AT&T/T-Mobile modem, RFID, WIFI, 25' J1772 ruggedized connector, OCPP 1.6 support, 4 year warranty NC8212 NC8000 Series 32A/7.68kW Gateway charger with Verizon modem, RFID, WIFI, 25' J1772 ruggedized connector, OCPP 1.6 support, year warranty Universal NC Pedestal 4" Universal Universal 4"x 4" Pedestal Mount for NC family of EVSE. All aluminum NC Pedestal designed to support 2 units and their holsters. ChargeUp Commercial 1 year ChargeUp Network Service Plan - Commercial, 1 year per port NovaBot License 1 year 1 year of NovaBot support, per port NC-SC-1X System Commissioning per unit fee - Dual units are counted as one 6 unit. NC Custom Custom Label for NC charger Label Installation- Charge Installation total across four locations Qty 7 4 1 6 12 12 6 12 1 Price $2,032.47 $2,721.60 $2,721.60 $679.62 $280.00 $120.00 $300.00 $0.00 $69,079.93 Total $14,227.29T $10,886.40T $2,721.60T $4,077.72T $3,360.00T $1,440.00T $1,800.00 $0.00T $69,079.93 Shipping Est: $1,320.00 Taxes 0%: $0.00 Total: $108,912.94 1 of 2 6/14/2023.2:45 PM Q230321R2 http://portal.novacharge.net/quote_display.aspx?quoteid=100476 Applicable Sales Tax to be collected at time of final invoicing Site survey and commissioning may be required for warranty activation, proper installation, and functionality of the system. Pricing is valid for 60 days from date of quote generation. Standard invoice terms are Net 30 days unless detailed above. A late fee of 1.5% will be added monthly to past due accounts. 3% additional charge for credit card processing. Manufacturer provided standard warranty applies to all products. All prices FOB source, customer pays freight. Cell Network service or Wifi connectivity are the responsibility of the host site. 2 of 2 6/14/2023, 2:45 PM Attachment 11 NovaCHARGE Empowering the Future TM This Sales Agreement (hereinafter referred to as the "Agreement") is entered into on this 06/30/2023 (date), (hereinafter referred to as the "Effective Date"), between: Seller: NovaCHARGE 4201 Vineland Rd, Suite 1-5 Orlando, FL 32811 United States (hereinafter referred to as the "Seller") Buyer: City of Cape Canaveral 100 Polk Avenue — P.O. Box 326 Cape Canaveral, FL 32920 United States (hereinafter referred to as the "Buyer") WHEREAS, the Seller is engaged in the business of manufacturing and supplying electric vehicle charging equipment, including the NovaCHARGE Level 2 NC8000 Series 32A EV Chargers, ChargeUP software, NovaBOT Artificial Intelligence Maintenance, and management over the installation of NovaCHARGE products provided by Owen Electric Company, Inc. WHEREAS, the Buyer desires to purchase the Products from NovaCHARGE along with the turnkey installation services contracted with Owen Electric Company, Inc. from the Seller. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Seller and the Buyer agree as follows: Product Description: The Seller agrees to sell and the Buyer agrees to purchase the following Product(s) and Services: NovaCHARGE Level 2 NC8000 Series 32A EV Chargers and the following accessories: 12 x Level 2 NC8000 Series 32A EV Chargers 6 x Universal Pedestals (4') All aluminum pedestals are designed to support 2 units and their holsters Software and Al Support: 12 x 1-Year ChargeUP Subscriptions (per charger) 12 x 1-Year NovaBOT Subscriptions (per charger) Turnkey Installation Services: Owen Electric Company, Inc. is the partner contracted by NovaCHARGE to complete the installation of the following locations. • City Hall — Replacement of existing 3 dual pedestal stations and service upgrade. • Community Center — Installing one dual pedestal station, new wire and breakers, and a new concrete base. • Banana River Park— Replacement of existing dual pedestal station and new wire with a new concrete base. • Manatee Sanctuary Park - Replacement of existing dual pedestal station and new wire. The existing dual pedestal station is mounted on the sidewalk. Use redhead anchors to mount the new unit. Purchase Price: The total purchase price for the Product and Services shall be $108,912.94 USD. The Buyer agrees to pay the Seller the full purchase price in accordance with the payment terms specified in this Agreement. Payment Terms: The payment shall be made by the Buyer to the Seller as follows: Standard invoice terms are Net 30 days. A late fee of 1.5% will be added to monthly past -due accounts. Payment shall be made in USD. Payment shall be made via check or credit card (3% additional charge for credit card processing). Delivery and Installation: The Seller shall deliver the Product(s) to the Buyer's designated location as specified by the Buyer. The turnkey installation services shall be provided by Owen Electric Company, Inc. as per their standard terms and conditions. The Seller will coordinate with Owen Electric Company, Inc. to ensure timely and proper installation. Warranty: The Product(s) shall be covered by the 4-year standard warranty provided by the Seller. The Seller shall provide the Buyer with warranty details and terms and conditions separately. The Buyer has the opportunity to extend their warranty to a 5t" year at any time during the standard 4-year warranty for an additional fee. Entire Agreement: This Agreement constitutes the entire agreement between the Seller and the Buyer concerning the sale and purchase of the Product(s) and Services. No other representations, warranties, or agreements, oral or written, shall be binding unless incorporated into this Agreement in writing. IN WITNESS WHEREOF, the Seller and the Buyer, intending to be legally bound, have executed this Sales Agreement as of the Effective Date. Seller: NovaCHARGE Buyer: City of Cape Canaveral X_______ X_________ Name (Printed): Name (Printed): Date: Date: Attachment 12 LIMITED WARRANTY FOR NC7000 & NC8000 SERIES ELECTRIC VEHICLE CHARGERS WARRANTY (this "Warranty") It is acknowledged that you have read and agree to the terms of this Warranty by using and installing this charger (the "Product"). Subject to the terms and conditions set forth in this Warranty, including but not limited to the Exclusions and Limitations, Warranty obligations for this Product are limited. NovaCHARGE warrants that this Product shall be free of defects in materials and workmanship under normal use for a period of four (4) years (commercial products), and two (2) years (residential Model NC7000-R and commercial Model NC8000-80A) from the date of delivery (the "W, warranty Period"). It is the requirement of the above remedy that you must contact NovaCHARGE and provide the model number, serial number and date of purchase during the Warranty Period. Upon NovaCHARGE's notice, you must return the Product and include (i) a copy of your original purchase invoice or receipt to verify your warranty; (ii) your name, address, and telephone number; (iii) the Return Materials Authorization (RMA) number. If any defect is found in the Product and a valid claim is received within the Warranty Period, your sole and exclusive remedy will be for NovaCHARGE, in its sole discretion and to the extent permitted by law, to (1) repair the defect in the Product at no charge, using new parts or refurbished parts, or (2) exchange the Product with new or refurbished hardware that is functionally equivalent to the original Product, or (3) if the Product is returned directly to NovaCHARGE and not to the original reseller, then NovaCHARGE reserves the right to replace the Product with an equivalent without any trademark/logo bearing. In addition, Warranty obligations do not apply to installation service of the Product. EXCLUSIONS AND LIMITATIONS This warranty applies only to the Product manufactured by NovaCHARGE and does not apply to any non-NovaCHARGE Product even if packaged or sold with the Product. Software distributed by NovaCHARGE with or without the NovaCHARGE brand name (including, but not limited to system software) is not covered under this warranty. NovaCHARGE does not warrant that the operation of the Product will be uninterrupted or error - free. NovaCHARGE is not responsible for damage arising from failure to follow instructions relating to the Product's use. This warranty does not apply to: (a) cosmetic damage; (b) removed or defaced serial numbers or warranty seal; (c) a product or part that has been modified to alter functionality or capability without the prior written permission; (d) damage caused by accident, abuse, misuse, fire, earthquake or any Force Majeure; (e) operating the Product not for the permitted or intended uses; (f) damage caused by use with non-NovaCHARGE products; (g) coatings unless failure has occurred due to a defect in materials or workmanship; or (h) damage caused by or via the network on which the Product is used including, but not limited to, any unauthorized online access. Version March 20, 2023 WARRANTY (CONTINUED) IMPORTANT WARNING Do not open, take apart or disassemble the Product in any way. Doing so may cause damage that is not covered by this warranty. Only NovaCHARGE or a NovaCHARGE authorized service provider should perform service on the Product. TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, NOVACHARGE SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NOVACHARGE OR A NOVACHARGE AUTHORIZED REPRESENTATIVE SHALL MODIFY OR EXTEND ANY WARRANTY. EXCEPT AS EXPRESSLY SET FORTH IN THIS WARRANTY, IN NO EVENT SHALL NOVACHARGE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR INDIRECT DAMAGES, OR FOR LOSS OF ACTUAL OR ANTICIPATED PROFITS, LOSS OF OPPORTUNITY, LOSS OF DATA, LOSS OF USE OF MONEY, LOSS OF INCOME OR REVENUE, BUSINESS INTERRUPTION ARISING OUT OF OR IN RELATION TO THIS AGREEMENT AND/OR THE PRODUCTS, WHETHER BASED ON PRINCIPLES OF CONTRACT, NEGLIGENCE, TORT OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY STATUTORY. NOTWITHSTANDING THE FOREGOING, THE LIABILITY OF NOVACHARGE ARISING IN CONNECTION WITH THIS WARRANTY OR THE USE OR INABILITY TO USE THE PRODUCTS IN CONNECTION THEREWITH, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, INCLUDING CONTRACT, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT, SHALL NOT EXCEED THREE TIMES THE AMOUNT OF THE PRODUCTS. PRODUCT REGISTRATION Thank you for selecting this NovaCHARGE Product. NovaCHARGE is a green business and we strive to reduce paper waste wherever possible. To that end, we offer electronic product registration and support documentation. Instructions: ❑ Go to https://www.novacharge.net/fags ❑ Select Register Product button & Complete the required contact and charger information ❑ Be sure to use the model number noted on the charger box O Submit registration © NovaCHARGE 2023 - All Rights Reserved. NovaCHARGE is a registered trademark of NovaCHARGE, LLC. Version March 20, 2023 Attachment 13 O Ready • Charging O Service Have a Key Fob? Tap it on the RFID Reader. Instructions: 1. Download and open the free ChargeUP Driver App on your iOS or Android Device 2. Plug the connector into your car 3. Select the Charge Icon on the App and scan the QR code 4. Press Pricing Option under Start Confirmation, to start charging For assistance, call: 833-789-1400 CAPE CANAVERAL 2063 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • JULY 18, 2023 AGENDA ITEM SUMMARY • ITEM # 11 Subject: Appoint one (1) Council Member to the City's internal Local Roads Committee. Department: Community + Economic Development Summary: The City of Cape Canaveral strives to provide safe, effective, and appealing transportation and transportation -adjacent infrastructure along its local roads. Proactively managing infrastructure and implementing projects of various scopes is a constant process that requires interdepartmental coordination and agency partnerships. As the City continues to improve its municipal infrastructure, Staff has noted an increased need for collaborative project management and comprehensive community engagement regarding the plans, projects, and programs related to municipal infrastructure on City roads. As such, Staff is establishing an internal Local Roads Committee (LRC) of department representatives to streamline decision making and ensure proactive and cohesive project management when it comes to transportation and adjacent infrastructure improvements. The LRC is a Staff -led initiative, with a scope that can be freely amended by Staff with City Manager approval. The LRC is proposed to meet every other month (six times per year) to collaborate on best management practices, including but not limited to: • Ensure projects support City Mission and Vision Statements and Resiliency Action Plan • Prioritize recommendations for the Presidential Streets Master Plan implementation • Capitalize on schedule and funding opportunities, including grants, for transportation and adjacent infrastructure projects • Collect community feedback and measurable transportation data, as needed • Assess new and relevant transportation -related technologies and practices The LRC's scope will specifically exclude private and state roadways. The LRC would act as an advisory body to the Council for transportation -related projects, including approved budget items and potential new items during a fiscal year, as applicable. The LRC meetings would be publicly noticed with time for citizen comment. The LRC would not be held to quorum to convene, make recommendations, or complete tasks. Given the nature of the LRC and the City's commitment to public representation, Staff is requesting Council to appoint one (1) member to the LRC with the responsibilities of: providing relevant updates to Council from the LRC meetings, as needed; facilitating community feedback and agency partner engagement, as appropriate; and acting as primary liaison for LRC recommendations to Council, as applicable. Submitting Department Director: Dave Dickey Attachment: Local Roads Committee Memo Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: Jenny Coldiron for John DeLeo The City Manager recommends the City Council take the following action: Appoint one (1) Council Member to the City's Local Roads Committee. Approved by City Manager: Todd Morley Memo Community + Economic Development TO: Todd Morley, City Manager VIA: Dave Dickey, Community + Economic Development Director FROM: Alexis "Lexi" Miller, Resilience Engineering Services Manager Kyle Harris, Senior Planner CC: Mia Goforth, City Clerk + Records Custodian + ADA Coordinator DATE: July 3, 2023 RE: Internal Local Roads Committee Proposal Background The City of Cape Canaveral ("City") strives to provide safe, effective, and appealing transportation and transportation -adjacent infrastructure along its local roads. Transportation infrastructure refers to physical features (like traffic lights, signs, sidewalks, pavement, bike paths, etc.) and programs (like traffic patterns, speed limits, and golf cart ordinances) that directly impact traffic and road users in the community. Transportation -adjacent (adjacent) infrastructure refers to physical features located near transportation infrastructure, like underground utilities, stormwater structures, and nearby properties. Local roads are defined as roads, streets, sidewalks, pathways, and other transportation infrastructure that are operated and maintained by the City. Local roads do not include beach accesses, private roads, driveways, pathways, or SR A1A. Both transportation and adjacent infrastructure need to be considered when implementing transportation projects. As a coastal community located on a barrier island in the heart of the Space Coast, the City faces unique challenges regarding flooding, sea level rise, traffic, tourism, and sense of place. To be strategic and responsible with its resources, the City maintains a number of principles, partnerships, and plans to prioritize decisions, actions, and projects for overall quality of life in the community. This proposal pays special attention to the quality of life provided by transportation - related services, and recognizes that it takes an interdepartmental effort to be successful. The principles of the City are captured in the City's most recently adopted vision and mission statements. The Cape Canaveral Vision Statement provides that the City seeks to create: 1 "A warm, inclusive beachside community that embraces its small-town feel and enhances the beauty and integrity of its natural environment; promoting resilience, safety, sensible mobility with an emphasis on pedestrian needs, business -friendly development, and responsible community stewardship; through a shared commitment to a balanced, respectful, and neighborly philosophy that inspires future - ready essential civic services and quality -of -life amenities." *Bolded terms are associated with the City's "Pillars," project building blocks in the City's Strategic Plan. The City of Cape Canaveral Mission Statement states: "The Mission of the City of Cape Canaveral is to provide excellence in municipal services by supporting a high quality of life, fiscal responsibility, leadership in environmental stewardship, celebrating our diversity and fostering innovation." The City collaborates with local and regional agency partners to implement and consider projects and programs for transportation and adjacent infrastructure, including, but not limited to: - Space Coast Transportation Planning Organization (SCTPO) - Florida Department of Transportation (FDOT) - Brevard County Traffic Operations - Space Coast Area Transit (SCAT) - City of Cocoa Beach - City of Cocoa Water Utility - Florida Power & Light - Canaveral Port Authority ("Port") - Brevard County Sheriff's Office (BCSO) - Canaveral Fire Rescue (CFR) - Brevard Public Schools (BPS) - East Central Florida Regional Planning Council (ECFRPC) - Brevard Zoo + Aquarium - East Coast Greenway Alliance (ECGA) - Federal Highway Administration (FHWA) City documents that should be considered for any transportation projects include, but are not limited to: - City Council Strategic Planning Retreat Report, as updated - Presidential Streets Master Plan (PSMP) - Golf Cart Study + Map - Vision Zero - Community Survey Reports, as updated - Resiliency Action Plan + Vulnerability Analysis (RAP + VA) - Comprehensive Plan ("Comp Plan") - Sewer Lateral Mapping Report - Resolution No. 2023-02: SR A1A Prioritized Improvements 2 - National Science Foundation CIVIC Phase I + II Final Reports - Bicycle & Pedestrian Master Plan (SCTPO) - Transportation Resiliency Master Plan (SCTPO) - Various SR A1A Improvements (FDOT) - FDOT Design Manuals, as updated - Manual on Uniform Traffic Control Devices, as updated (FHWA) The above principles, partners, and plans are not meant to be exhaustive lists. There is much to consider when implementing best management practices for City transportation and adjacent infrastructure. Local Roads Committee Proposal Justification At this time, City staff is proposing to establish an internal Local Roads Committee (LRC) to streamline decision making and ensure best management practices are in place when scheduling, budgeting, altering, and maintaining City roads and adjacent infrastructure. The LRC is a staff -led initiative, with a scope that can be freely amended by staff at any time with City Manager approval. The objectives of the LCR are as follows: 1. Ensure City principles, plans, and partners are fully considered with all transportation and adjacent infrastructure projects; 2. Provide strategic, prioritized guidance for road and traffic improvements, repair, and maintenance decisions, specifically regarding the PSMP; 3. Consider safety, utility needs, maintenance, and traffic control treatments proactively, relying on industry -standard and professionally -accepted guidelines; and, 4. Analyze and act on community -reported transportation feedback and measured relevant metrics. Examples of intended outcomes of the LCR include and are not limited to: 1. Decisions that are parallel to the City's purpose and intentions o (i.e., tying back to the Vision, Mission, and Pillars) 2. Fiscally sensible and sustainable transportation improvements for all road users o (i.e., capitalizing on funding opportunities) 3. More effective use of City resources for improved road and traffic conditions and timely maintenance o (i.e., planning and completing sub -base utility work with partners during proposed repaving or other earthwork -based projects) 4. Increased stakeholder engagement and partnership synergy o (i.e., investigating perceived citizen concerns) LRC Details Many communities rely on task forces, committees, and similar groups to guide their transportation improvement strategies and decisions. Groups comprise of qualified subject matter 3 experts from each municipal department, local agency partner representatives, and at least one (1) elected official. City staff proposes the following format for the Cape Canaveral LRC: A. Scope 1. The LRC may act as an advisory body to the Council for transportation -related projects within the City on local roads. o Regarding the given fiscal year's approved budget, the LRC serves to streamline the duty of staff to carry out the wishes of the Council in regards to transportation and adjacent infrastructure projects. o Regarding potential unapproved budget items, the LRC serves to propose new projects to the Council for consideration. 2. The LRC facilitates community engagement regarding transportation and adjacent infrastructure projects including, but not limited to: o Surveys + forms o Maps o FAQs o Workshops (standalone and with existing meetings/events) o Direct communication with co-chairs 3. In all instances, the LRC will rely on professionally -accepted, industry -standard guidelines and data -driven expertise to make decisions regarding transportation and adjacent infrastructure projects and improvements. 4. Examples of tasks that fall within the scope of the LRC include and may not be limited to: o Code change advisories, o Best management practices, o Large-scale infrastructure maintenance, o Transportation asset inventory maintenance, o Traffic control/treatment warrant analyses and implementation decisions, o Review of Outdoor Event and Entertainment Permits (OEEP), as needed, and o Coordination with local agency partners. 5. The LCR shall not be responsible for the following: o Routine maintenance and decisions, o Implementing case -specific traffic control and transportation safety measures o Projects located within the FDOT SR A1A right-of-way, and o Concerns or projects located on private roads, pathways, or driveways. B. Members should be considered qualified subject matter experts in their department or organization, with a relevant interest in transportation projects in the City. 4 1. One (1) Councilmember (appointed by Council) 2. Senior Planner (Co-chair) 3. Resilience Engineering Services Manager (Co-chair) 4. Public Works Services (Infrastructure Management) representative 5. Administrative/Financial Services representative 6. Capital Projects representative 7. BCSO representative 8. CFR representative 9. Agency representatives, as needed C. Meetings 1. The LRC meets every other month (six times per year) for approximately 1-2 hours at each meeting, and as needed. 2. Absence of a councilmember or agency partner representative will not suspend scheduled meetings, follow-up tasks, or agenda items for City Council review. 3. Meetings will be publicly noticed with potential for public participation. Quorum is not a requirement for meetings, nor is it required for tasks or decisions as outcomes from the meeting. 4. Agendas and discussion will cover various topics, ranging from project updates to citizen concerns to partner presentations. 5. Councilmember representative is responsible for o providing updates during Regular Council Meetings, as needed, o facilitating community feedback outside of meetings with staff, and o acting as primary liaison for LRC recommendations, with staff. 6. Co-chairs are responsible for o coordinating meeting schedules, minutes, and follow-up items, o engaging departments, stakeholders, and agency partners, and o preparing relevant and/or advisory agenda items for Regular Council Meetings, as needed. 7. Members, including co-chairs, are responsible for o providing relevant updates, and o contributing to project discussion and coordination. 5 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • JULY 18, 2023 AGENDA ITEM SUMMARY • ITEM # 12 Subject: Juneteenth Holiday Proposal Department: City Council Summary: I am requesting the approval to add Juneteenth to the list of paid City Holidays. Juneteenth is a holiday celebrating African American freedom from slavery and a time to engage and honor African American cultural heritage. In 2021, President Joe Biden declared Juneteenth a national holiday (Attachment 1). The State of Florida recognizes Juneteenth, but it is not a state holiday (Attachment 2). Currently City employees receive 11 paid holidays per year (See Attachment 3). There is no City Code limiting the number of paid holidays. If Council wishes to add Juneteenth, which falls on June 19th, as a paid holiday for City employees, Staff and the City Attorney's Office can be directed to move forward and prepare an ordinance for consideration, to update the employee policy accordingly, with first reading to occur at a future City Council Meeting. Submitting Council Member: Mayor Pro Tem Raymond Attachments: 1. June 13, 2023 Associated Press Article, "Biden Celebrates Juneteenth, the newest federal holiday, at the White House" 2. June 19, 2023 WESH2 Article, Juneteenth not considered state holiday in Florida" 3. City 2023 Holidays + Other Notable Dates Attachment 1 Biden celebrates Juneteenth, the newest federal holiday, at the White House Guests respond as Broadway Inspirational Voices performs during a Juneteenth concert on the South Lawn of the White House in Washington, Tuesday, June 13, 2023. (AP Photo/Susan Walsh) ASSOCIATED PRESS 4 of 6 Vice President Kamala Harris welcomes Opal Lee to the stage during a Juneteenth concert on the South Lawn of the White House in Washington, Tuesday, June 13, 2023. Opal Lee is considered the grandmother of Juneteenth. (AP Photo/Susan Walsh) Published 9:40 PM EDT, June 13, 2023 WASHINGTON (AP) — President Joe Biden hosted a massive concert on the South Lawn of the White House to commemorate Juneteenth, the country's newest federal holiday which the president said will "breathe a new life in the very essence of America." "To me, making Juneteenth a federal holiday wasn't just a symbolic gesture. It was a statement of fact for this country to acknowledge the origin of the original sin of slavery, to understand the war was never fought over it, it wasn't just about a union, but it was most fundamentally about the country and freedom." Vice President Kamala Harris said Juneteenth is an occasion to "honor Black excellence, culture and community." "America is a promise — a promise of freedom, liberty and justice," Harris said. "The story of Juneteenth as we celebrate it is a story of our ongoing fight to realize that promise. Not for some, but all." The concert also commemorated Black Music Month, and featured artists such as Tony Award winner Audra McDonald and singer and talk show host Jennifer Hudson. In 2021, Biden signed bipartisan legislation establishing Juneteenth as a federal holiday. The holiday marks the date (Highlighted-Blue) . when the last enslaved people in the United States learned they were free — which occurred June 19, 1865, when Union soldiers told enslaved Black people in Galveston, Texas, news of their freedom. Attachment 2 Juneteenth not considered state holiday in Florida WESH 2 Updated: 6:23 PM EDT Jun 19, 2023 Greg Fox Reporter Florida — Monday marks the third year in which Juneteenth is a federal holiday. It's also the third year in which Florida has not passed a law making it a state holiday, one that would provide a paid holiday benefit to state workers. The historic first Juneteenth was June 19, 1865. Two and a half years after President Lincoln signed the Emancipation Proclamation, the last remaining slaves in Galveston, Texas learned they were free. In 2021, President Joe Biden declared Juneteenth a national holiday, one with paid time off for federal workers. But Florida remains one of 22 States in which Juneteenth is "recognized" but is not a state holiday. Several bills have been filed, including SB 1164 in 2022, in the last three years to declare "Juneteenth Day as a paid holiday for employees of all branches and agencies of state government."\ II failed in the Republican -led legislature. "We're in a very dark period right now," said Democratic Orlando State Senator Geraldine Thompson. The longtime lawmaker founded the Wells' Built Museum of African American History & Culture. She's critical of efforts by Gov. Ron DeSantis and Republicans. They passed the "Stop WOKE Act" — Stop Wrongs to our Kids and Employees Act, formally called the Individual Freedom Act —which bans certain diversity training in the workplace, and school instruction. Critical Race Theory (CRT) is outlawed. And earlier this year, the state Florida Department of Education rejected some topics in the Advanced Placement African American Studies course for high school students. "How do you celebrate Juneteenth being the end of slavery if you cannot admit that slavery occurred, that it really existed? So that's where we are, this effort to whitewash history," Thompson said. Thompson says Democratic leadership this year declined to re -file the Juneteenth bills, expecting a chilly reception from Republicans. But she plans to file it next year, adding, "I celebrate July 4th, and I think we can celebrate June 19th as well as part of America's journey toward making all people free. Not just some people free." Thompson says African American history is Florida history, and that Juneteenth should be recognized as a state holiday. WESH 2 News reached out to the governor's office, asking if he would sign a bill making Juneteenth a state holiday. We'II update our story when we hear back. Attachment 3 CITY OF CAPE CANAVERAL 2023 Holidays + Other Notable Dates Monday 01/02/2023 Monday 01/16/2023 Tuesday 02/07/2023 Monday 02/20/2023 Sunday-2 A.M. 03/12/2023 Wednesday 04/26/2023 Begins 05/21/2023 Monday 05/29/2023 Tuesday 07/04/2023 Friday 07/21/2023 Monday -Noon 08/07/2023 Friday -Noon 08/18/2023 Friday 09/01/2023 Monday 09/04/2023 Begins 09/25/2023 Tuesday 09/26/2023 Tuesday 10/03/2023 Monday 10/16/2023 Sunday-2 A.M. 11/05/2023 Tuesday 11/07/2023 Friday 11/10/2023 Thursday 11/23/2023 Friday 11/24/2023 Monday 12/25/2023 Tuesday 12/26/2023 New Year's Day (observed) Martin Luther King Jr. Day School Crossing Guard Appreciation Day Presidents Day Begin Daylight Savings Administrative Professionals Day National Public Works Week Memorial Day Independence Day Park + Recreation Professionals Day City Election Qualifying Period Begins City Election Qualifying Period Ends Building + Code Staff Appreciation Day Labor Day Finance + Accounting Appreciation Week Human Resources Professionals Day National Night Out (tentative) Boss's Day End Daylight Savings Election Day Veterans Day (observed) Thanksgiving Day Day after Thanksgiving Christmas Eve (observed) Christmas Day (observed) City offices closed City offices closed City offices closed Set clocks forward + check smoke detectors City offices closed City offices closed For more info, contact the City Clerk's Office For more info, contact the City Clerk's Office City offices closed Set clocks back + check smoke detectors For more info, visit VoteBrevard.gov City offices closed City offices closed City offices closed City offices closed City offices closed CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • JULY 18, 2023 AGENDA ITEM SUMMARY • ITEM # 13 Subject: No Smoking in City Parks and the beach, especially when children are present. Department: City Council Summary: There was a new state law passed last year (Attachment 1). We may have to check with Anthony. Indian Harbour Beach, City Manager, Mark Ryan, was instrumental in getting the law passed. This would eliminate harmful smoke and cigarette butts, all over, especially, the beach. Butts are harmful to the wildlife, especially, sea turtles. Due to the wording in the municipal code, perhaps, it should be called tobacco free zones where children are, for instance, in the city parks, beaches, and Friday Fests. Smoking areas will be provided. Beach access area where ash cans are located on the crossovers, and a designated smoking area for city parks and Friday Fests. Submitting Council Member: Mayor Pro Tem Raymond Attachments: 1. June 17, 2022 WFLA Article, "New Florida law allows smomking bans at public beaches, parks" 2. June 27, 2023 WUSF Article, "Police spread the word about Clearwater's new smoking ban on beaches and parks" 7/5/23, 1:31 PM New Florida law allows smoking bans at public beaches, parks I WFLA Attachment 1 New Florida law allows smoking bans at public beaches, parks Getty Premium Image - WFLA Use Only by: Sam Sachs Posted: Jun 17, 2022 / 03:40 PM EDT Updated: Jun 17, 2022 / 06:12 PM EDT TAMPA, Fla. (WFLA) — Gov. Ron DeSantis signed a bill into law on Friday that allows counties and municipal governments to restrict smoking on public beaches and in public parks. {Highlighted-Purple} Under the bill, House Bill 105 or Senate Bill 224, local governments can create rules and ordinances limiting or outright banning smoking on public beaches and in public parks. The only exception is "unfiltered cigars" or if the additional restrictions "conflict with county ordinances," when the smaller government drafts the new regulation. In a statement released by the Ocean Conservancy following passage of the bill, the organization said cigarette butts "have been the most commonly found item on Florida beaches during Ocean Conservancy's annual International Coastal Cleanup." With the potential bans now legalized, and up to local governments to pursue, the Ocean Conservancy called the new law a "major victory for the health of our beaches and seas throughout the Sunshine State." The organization said that cigarette butts contribute to problems facing oceans as a result of microplastics. Cigarette butts, made of "tightly packed plastic fibers that erode into smaller bits" can build up in fish and other sea creatures over time, as a form of "pervasive" pollution. "Ocean Conservancy research has found cigarette butts to be the fourth most harmful type of plastic to marine life due to ingestion and contamination," the Ocean Conservancy said. "This hurts our seabirds, sea turtles, and marine mammals." The newly -signed law takes effect July 1. Copyright 2023 Nexstar Media Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. https://www.wfla.com/news/politics/new-florida-law-allows-smoking-bans-at-public-beaches-parks/#:~:text=TAMPA%2C Fla.,beaches and in public parks. 1/9 7/5/23, 1:32 PM Police spread the word about Clearwater's new smoking ban on beaches and parks I Health News Florida Attachment 2 HealthNews FLORIDA TM Police spread the word about Clearwater's new smoking ban on beaches and parks WUSF Public Media - WUSF 89.7 I By Susan Giles Wantuck Published June 27, 2023 at 7:39 AM EDT LISTEN . 1:03 Daylina Miller, / WUSF Public Media The Ocean Conservancy reports that in the past three decades, cigarette butts have been among the biggest offenders when it comes to Florida beach cleanups. The police department is working with hotels and beach commanders on flyers, signs and social media to spread the word about the ban on smoking and vaping before handing out citations. Clearwater police are working on an information campaign to let visitors know that Live Radio - News & Inform. https://health.wusf.usf.edu/health-news-florida/2023-06-27/police-spread-the-word-about-clearwaters-new-smoking-ban-on-beaches-and-parks 1/9 7/5/23, 1:32 PM Police spread the word about Clearwater's new smoking ban on beaches and parks I Health News Florida Interim Police Chief Michael Walek said it's not fair for a family of four vacationing from England or other places where the attitudes toward smoking may be a little more relaxed, to be fined $118 for smoking. Instead, he said his department is working with hotels and his beach commander to put together flyers, post signs, and distribute information on social media to spread the word about the new ban, before handing out citations. Clearwater leaders passed the ordinance after the governor signed House Bill 105, which allows local lawmakers to ban smoking on beaches and in public parks, with an eye toward reducing secondhand smoke and the pollution and environmental damage caused by cigarette butts. The Ocean Conservancy reports that in the past three decades, cigarette butts have been among the biggest offenders when it comes to Florida beach cleanups. And they break down into microplastics which can threaten the health and reproductive cycle of flora and fauna of the sea, and humans who eat the affected sea life. Walek said his department has been working with St. Petersburg, which has a similar ordinance in place, for uniformity. Sarasota and Longboat Key also have cigarette smoking bans on their beaches. Copyright 2023 WUSF 89.7 Tags Health News Florida Clearwater Beach smoking Clearwater vaping beaches 2023 Florida Legislature Susan Giles Wantuck Susan Giles Wantuck is our midday news host, and a producer and reporter for WUSF Public Media who focuses her storytelling on arts, culture and history. See stories by Susan Giles Wantuck Now Playing Live Radio - News & Inform. https://health.wusf.usf.edu/health-news-florida/2023-06-27/police-spread-the-word-about-clearwaters-new-smoking-ban-on-beaches-and-parks 2/9 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • JULY 18, 2023 AGENDA ITEM SUMMARY • ITEM # 14 Subject: Coyote Management Plan in Cape Canaveral Department: City Council Summary: The Council discussed Coyotes at a previous meeting due to the recent reports on deaths of local pets have increased due to the presence of coyotes. The Council and Staff discussed more the specifically desire to pursue any options to humanely relocate coyotes with respect to their natural habitat and the FWC recommendations in managing coyotes. The attached includes a management plan with proposed resolutions and or ordinance options the Council could take. Consider requesting the City Manager and City Attorney's review to amend and or give direction to the Council on adopting and implementing. Questions: Estimated time and costs? FWC Presentation? Property owner notification? Submitting Council Member: Mayor Wes Morrison Attachment(s): 1.) Coyote Management Plan with proposed Resolution: (https://www.humanesociety.org/sites/default/files/docs/HSUS-Coyote-Mgt- Plan 2020.pdf) 2.) Coyote Advocacy Kit (https://www.humanesociety.org/sites/default/files/docs/Coyote- Advocate-Toolkit 2020.pdf) 3.) FWC FAQ Reference Link: (https://myfwc.com/conservation/you- conserve/wiIdlife/coyotes/faq/) 4.) Attach City Flyers from Cape Canaveral and Cocoa Beach. Attachment 1 Solving Problems with Coyotes A template conflict management plan THE HUMANE SOCIETY OF THE UNITED STATES CONTENTS CONTENTS 1 HOW TO USE THIS TEMPLATE COYOTE MANAGEMENT PLAN 3 INTRODUCTION AND GOALS 4 THE COYOTE 5 Ecological importance 5 General biology, reproduction and behavior 6 COYOTE ATTRACTANTS IN URBAN AREAS 7 COYOTE COEXISTENCE STRATEGIES AND TECHNIQUES 9 Monitoring and collecting data 9 Human -coyote conflict definitions 9 Education and outreach 10 Hazing: an intervention technique 10 Lethal control 11 Local ordinances 12 HUMAN -COYOTE CONFLICT CLASSIFICATION AND RECOMMENDED RESPONSES 13 APPENDICES 15 Coyote incident report form 15 Definitions: 16 Guidelines for implementing a community -based hazing program 17 Creating a volunteer hazing team 17 Coyote hazing tips for success 17 Coyote yard audit checklist 19 Example coyote resolution 20 How to use this template coyote management plan This coyote management and coexistence plan has been prepared by the Humane Society of the United States for use by communities (including, but not limited to, cities, villages, towns, counties, homeowners associations, etc.) in humanely and effectively preventing and solving conflicts among coyotes, people and companion animals. The information in this plan has been gathered from scientific and peer -reviewed articles, from experts in the field of human -coyote conflict resolution, and from successful coyote management plans across the U.S. We invite you to use this plan as your own or modify it as necessary to suit the needs of your community. Acknowledgements The HSUS would like to specially thank Paula -Marie Lewis, a Ph.D. student at Griffith University, Australia, for her work in the creation of this management plan. We would also like to acknowledge the following coyote management plans, which helped to influence the ideas and guidelines presented in this plan: ■ City and County of Broomfield (CO) Coexistence with Wildlife Policy ■ City of Calabasas (CA) Coyote Management Plan ■ City of Centennial (CO) Coyote Management Plan ■ City of Davis (CA) Coyote Management and Coexistence Plan ■ City and County of Denver (CO) Coyote Management Plan ■ Portland (OR) -Vancouver (BC) Model Coyote Management Policy ■ Village of Riverside (IL) Coyote Home Audit Checklist ■ City of Wheaton (IL) Coyote Policy Solving Problems with Coyotes 3 Introduction and goals The goal of this template coyote management and coexistence plan is to provide a program for reducing human -coyote conflicts while prioritizing human safety. The suggested actions outlined in this plan are designed to increase citizens' knowledge and understanding of how coyotes behave and make clear how such behavior can be managed to reduce or eliminate conflicts with coyotes. This coyote management and coexistence plan is based on scientific research, a thorough understanding of coyote ecology and biology in urban settings, and the best known management practices and management tools. This plan is guided by the following basic principles: 1. Human safety is a priority in managing human - coyote interactions. 2. Coyotes serve an important role in ecosystems by helping to control the population of rodents, Canada geese, rabbits and other urban mammals. 3. Preventive practices such as reduction and removal of food attractants, habitat modification and responding appropriately when interacting with wildlife are key to minimizing potential interactions with coyotes. 4. Solutions for coyote conflicts must address both problematic coyote behaviors (such as aggression toward people and attacks on pets) and the problematic human behaviors (intentionally or unintentionally feeding coyotes and letting pets outside unattended) that contribute to conflicts. 5. Non -selective coyote removal programs are ineffective for reducing coyote population sizes or preventing human -coyote conflicts. 6. A community -wide program that involves residents is necessary for achieving coexistence among people, coyotes and pets. 4 Solving Problems with Coyotes The coyote Due to their intelligence and adaptability —in addition to extensive urbanization and the subsequent decline of larger predators —coyotes have successfully expanded their range across North America. Coyotes are now found in all states in the U.S. except Hawaii and have become well established in nearly every ecosystem. They live in deserts, swamps, tundra and grasslands, brush, dense forests, cities and suburbs. People can live among coyotes yet never see them. Often it's only an evening chorus or group howling and yipping that alerts us to the presence of this wild canid in our neighborhoods. It is important to keep in mind that coyotes have been interacting with and adapting to people for at least the last 100 years. ECOLOGICAL. IMPORTANCE Coyotes are curious, smart and adaptable creatures and our urban areas provide the perfect balance of food, shelter and water for them. What you may not know is that even in fragmented and urbanized landscapes, coyotes can play an integral role in their environment by providing ecosystem services and helping to maintain species diversity. Coyotes in urban areas not only provide free rodent control by feeding on mice and rats, but also help to regulate the population size of other species that may cause conflicts with people in urban areas (such as voles, wild turkeys, white-tailed deer and Canada geese). Solving Problems with Coyotes 5 GENERAL BIOLOGY, REPRODUCTION AND BEHAVIOR Appearance and signs: Most coyotes weigh approximately 25-35 pounds, although their long legs and thick fur make them appear larger. Coyote fur varies in color from gray -brown to yellow -gray. They have a black -tipped tail which helps to distinguish them from other canids such as foxes. Coyotes also have yellow/amber eyes (which help to distinguish them from domestic dogs), large ears and narrow, pointed muzzles (which help to distinguish them from wolves). Since coyotes are naturally very skittish and afraid of humans, they are rarely seen. Thus, their signs (including prints, scat and vocalizations) may be a better indicator of their presence. Coyote prints are similar to those of a domestic dog's, but are usually observed in a straight line (as opposed to the meandering path of domestic dog tracks). More commonly, coyote howling or other vocalizations may be heard. Coyotes produce a variety of sounds (including howls, barks, whines and yips) to communicate with one another and defend their territory. Small groups of two or three coyotes can distort their voices and sound like a group of 20. Coyotes also use scat (feces) to communicate by depositing it in the middle of a trail or on the edge of their territory. Coyote scat is similar to dog scat in size and appearance, but unlike dog scat, it is rope -like and typically filled with hairs, seeds and bones. Diet: Coyotes are opportunistic omnivores with great flexibility in their diet. They generally hunt small mammals such as mice, rats, voles, rabbits and prairie dogs, but will also eat fruit and berries and will even scavenge road -killed animals. In urban areas, coyotes are also known to eat pet food, unsecured garbage and compost. They may also prey on unattended domestic pets such as cats and small dogs if given the opportunity. This does not indicate a danger to humans, but is rather a natural coyote behavior. This behavior can be prevented by reducing human -associated food attractants in urban areas and not letting pets outside unattended (unless protected by a coyote -proof enclosure or fence). Social structure: Most coyotes (called resident coyotes) live in family groups with one breeding pair and three to four other related individuals. Coyotes do not hunt in packs, but work together to defend their territory from other coyote family groups. Other coyotes (called transient coyotes) live alone or as an isolated mated pair. Coyotes mate once per year during their breeding season (which occurs from January through March). During the pup season (April through August), the breeding pair will give birth to pups (typically in April or May). Litter size depends on available resources and the number of coyotes in the area. The average litter size is four to seven pups. Coyotes will place their pups in a den for the first 6 weeks, after which the pups will learn to hunt with their parents. Coyote dens are found in steep banks, rock crevices and underbrush, as well as in open areas. During dispersal season (September through December), the pups from the previous year (yearlings) will leave the family group and become transient coyotes in search of a new home range. Habitat: Coyotes are naturally diurnal (most active at dawn and dusk), but often shift to more nocturnal activity in urban and suburban areas in an effort to avoid people. Coyotes prefer open space and natural preserve areas over human -dominated landscapes, but are extremely adept at living in proximity to people. Coyotes thrive in these areas because food, water and shelter are abundant. Home range sizes vary for each individual coyote. Research has shown that home range sizes for resident coyotes average 2-5 square miles, while transient coyotes have larger home ranges (averaging 10 square miles). Home range size can be an important indicator of resource distribution and abundance and also may correlate with population density. 6 Solving Problems with Coyotes Coyote attractants in urban areas Coyotes are drawn to urban and suburban areas for the following reasons: 1. Food. Urban areas provide a bounty of natural food choices for coyotes, who primarily eat rodents such as mice and rats. However, coyotes can be further attracted into suburban neighborhoods by human - associated food such as pet food, unsecured compost or trash, and fallen fruit in yards. Intentional and unintentional feeding can lead coyotes to associate humans with sources of food, which can result in negative interactions among coyotes, people and pets. To reduce food attractants in urban and suburban areas: • Never hand -feed or otherwise deliberately feed a coyote. • Avoid feeding pets outside. Remove sources of pet food and water. If feeding pets outside is necessary, remove the bowl and any leftover food promptly. • Never compost any meat or dairy (unless the compost is fully secured). • Maintain good housekeeping, such as regularly raking areas around bird feeders, to help discourage coyote activity near residences. • Remove fallen fruit from the ground. • Keep trash in high -quality containers with tight- fitting lids. Only place the cans curbside the morning of collection. If you leave trash cans out overnight, they are more likely to be tipped over and broken into. • Bag especially attractive food wastes such as meat scraps or leftover pet food. If it is several days before garbage will be picked up, freeze the food temporarily or take it to a dumpster or other secure storage container. 2. Water. Urban areas provide a year-round supply of water in the form of storm water impoundments and channels, artificial lakes, irrigation, pet water dishes, etc., which support both coyotes and their prey. • In dry conditions, water can be as alluring as food, so remove water bowls set outside for pets and make watering cans unavailable. 3. Access to shelter. Parks, greenbelts, open spaces, golf courses, buildings, sheds, decks and crawl spaces, etc., increase the amount and variability of cover for coyotes. They allow coyotes to safely and easily remain close to people, pets, homes and businesses without detection. • In the spring, when coyotes give birth and begin to raise young, they concentrate their activities around dens or burrows in which their young are sheltered. Coyotes may take advantage of available spaces under sheds or decks for use as a den, bringing them into close contact with people and pets. 4. Unattended pets. Pets are a normal part of an urban landscape. Within their territory, coyotes may consider pets as potential prey or potential competitors. Free -roaming pets, especially cats and sometimes small dogs, may attract coyotes into neighborhoods. The best way to minimize risk to pets is to not leave them outside unattended. • Cats. Coyotes primarily eat small mammals such as mice and rats, but will also prey on slightly larger mammals such as rabbits and groundhogs. Approximately the same size as a groundhog or rabbit, free -roaming outdoor cats may also be seen as eligible prey items by coyotes. It is important to note that attacks on cats are normal coyote behavior and do not indicate a danger for people. The only way to protect cats from coyotes (and the other dangers of outdoor life such as cars, disease, dogs and other wildlife) is to keep cats indoors (or only let them outside in a secure enclosure or when accompanied by a person and under the control of a leash and harness). • Feral cats. People who feed feral cats are often concerned that coyotes might prey on the cats. These concerns are well founded, as coyotes will be attracted to both the outdoor pet food and the cats themselves as prey. Although there is no sure way to protect feral cats from coyotes, the following tips can be helpful: • Feed cats only during the day and at a set time —and pick up any leftovers immediately. Solving Problems with Coyotes 7 • Provide escape routes for cats. • Haze coyotes seen on the property (see Appendix B). Making them feel uncomfortable will encourage them to stay out of the area. • Dogs are also vulnerable to coyote confrontations. These incidents generally involve coyotes who are accustomed or habituated to people (usually due to wildlife feeding) or coyotes who are protecting their territory and pups (usually during breeding season). Small, unattended dogs may be seen as potential prey for coyotes. It is important to either keep dogs on a leash 6 feet long or shorter when outdoors or to stay within 6 feet of them when outside. (Coyotes may view a dog on a leash longer than 6 feet as an unattended pet.) Attacks on unattended small dogs are normal coyote behavior and do not indicate a danger for people. Although attacks on larger dogs are rare, coyotes will sometimes go after a large dog when they feel that their territory is threatened. This generally occurs during the coyote breeding season, which takes place from January through March. During this time, it is especially important not to let dogs outside unattended and to keep them on leashes (6 feet long or shorter) when in public areas. Fences can be used to keep coyotes out of residential yards, but they must be "coyote - proof." Coyote -proof fences are at least eight feet tall and made of a material that coyotes cannot climb or at least 6 feet tall with a protective device on top such as a "coyote roller (coyoteroller.com) that rolls off any coyotes (and dogs) that try to scramble over the fence. To prevent coyotes from digging under a fence, it should extend underground at least twelve inches or include an L-shaped mesh apron that extends outward at least 18 inches and is secured with landscape staples. • Other domestic animals kept outside, such as chickens and rabbits, may also be viewed as prey by coyotes. Protect poultry or other outdoor animals from coyotes (and other predators) with protective fencing (both structural and electric), by ensuring that they are confined in sturdy cages or pens each evening and by using livestock -guarding animals where possible. 8 Solving Problems with Coyotes Coyote coexistence strategies and techniques MONITORING AND COLLECTING DATA Monitoring and data collection are critical components of an effective coyote management plan. This is best accomplished with input from both residents and city officials using a coyote hotline and/or an online reporting form. The purpose of monitoring human -coyote interactions is to document where coyotes are frequently seen, to count how many coyotes are within an area and to identify human -coyote conflict hotspots. Gathering specific data on incidents will allow for targeting of educational campaigns and conflict mitigation efforts, as well as the ability to measure success in reducing conflicts over time. A standard Coyote Incident Form (Appendix A) should be made available to residents and employees to allow for consistent reporting of coyote incidents. Contact information —including the date, time, name, address and phone number of the individuals submitting the report —should be included, as well as specific information about the incident. HUMAN -COYOTE CONFLICT DEFINITIONS The following definitions will be used for the process of categorizing human -coyote conflicts: Coexistence: Humans and coyotes exist together. Humans take an active role in helping coyotes in their community stay wild by removing attractants, taking responsibility for pet safety, hazing coyotes in their neighborhood and learning about coyote ecology and behavior. Observation: The act of noticing signs of a coyote(s), such as tracks, scat or vocalizations, but without visual observation of the coyote(s). Sighting: A visual observation of a coyote(s). A sighting may occur at any time of the day or night. Encounter: A direct meeting that is between human and coyote(s) with no physical contact and that is without incident. Incident: A conflict between a human and a coyote where the coyote exhibits any of the following behaviors: growling, baring teeth, lunging or making physical contact with the person. A human is not bitten. Human attack: A human is bitten by a coyote(s). Provoked: An attack where the involved human encourages the coyote to engage. Examples include a human hand -feeding a coyote, approaching a coyote with pups or intervening in a coyote attack on a pet. Unprovoked: An attack where the involved human does not encourage the coyote to engage. The following definitions will also be used for the process of categorizing conflicts among coyotes, pets and livestock. Pet attack: Coyote(s) kills or injures a domestic pet. Attended:• Pet is on a leash less than 6 feet in length or is in the presence of a person less than 6 feet away. Unattended:• Pet is free -roaming, walking off -leash more than 6 feet from a person, or on a leash longer than 6 feet. Livestock loss/depredation: Coyote(s) kills or injures livestock. Solving Problems with Coyotes 9 EDUCATION AND OUTREACH A critical element of a successful coyote management plan is the education and awareness of residents. Education is the key to having residents make appropriate decisions regarding their safety and managing their property and pets. This involves decreasing food attractants, taking precautions with pets and creating tolerance of normal coyote behavior. An educational campaign should focus on how residents can coexist with coyotes successfully. Educational outreach opportunities include: 1. Educational materials. These can include brochures, informational postcards mailed or hand - delivered to specific neighborhoods with a high number of coyote sightings and interactions, detailed information and appropriate links made available on local websites, e-newsletters, development of various public service announcements to run on public access channels, or coyote signage posted in appropriate parks and open spaces. 2. Trainings. Incorporate coyote education in schools and make educational seminars and trainings available to the public. 3. An outreach and education team. Composed of trained community volunteers (Appendix B), a team can help with community outreach by tabling at community events, presenting in classrooms and/or following up directly with individuals and neighborhoods who may have concerns. HAZING: AN INTERVENTION TECHNIQUE Generally, coyotes are reclusive animals who avoid human contact. Coyotes in urban and suburban environments, however, may learn that neighborhoods provide easy sources of human -associated food while presenting few real threats. These coyotes, having lost their fear of humans, may visit yards and public areas even when people are present and may cause conflicts with people and pets. Humans have contributed to this habituation of coyotes by not reacting when they see a coyote. We have a tendency to either ignore them due to fear or to be enamored by them because they are wild and it is "cool" to see one. To coexist safely, it's important to modify this behavior and attitude in resident coyote populations. The best solution for addressing problematic coyote behavior is by instituting a community -based hazing program (See Appendix B). Hazing is an activity or series of activities that is conducted in an attempt to change behaviors of habituated coyotes and/or to re -instill a healthy fear of people in the local coyote population. Hazing techniques include generating loud noises, spraying water, shining bright lights, throwing objects, shouting, etc. Hazing can help maintain coyotes' fear of humans and deter them from neighborhood spaces such as backyards, greenbelts and play spaces. A hazing program encourages the use of harassing actions without employing weapons or causing bodily harm to the coyote. The more often an individual animal is hazed, the more effective hazing is in changing coyote behavior. Being highly intelligent animals, coyotes who are hazed quickly learn to avoid neighborhoods, people and pets. The goals of hazing are to: ■ Reverse the habituation of coyotes to people, teaching them to once again fear and avoid humans ■ Discourage coyotes from entering public areas such as parks, playgrounds and yards when people are present ■ Discourage coyotes from approaching people and pets ■ Empower residents by giving them tools to use when they encounter a coyote, thereby reducing their fear of coyotes ■ Increase awareness about coyote behavior among residents and involve the community in coyote management efforts Basic hazing: Consists of directly facing the coyote and being "big and loud" by waving your arms over your head, making loud noises or squirting the coyote with water until the coyote(s) chooses to leave. Using a variety of different hazing tools is critical because coyotes can become desensitized to the continued use of just one technique, sound or action (see Appendix B). Basic hazing can be performed by anyone and includes the following techniques: 10 Solving Problems with Coyotes • Yelling and waving your arms while approaching the coyote. • Making loud noises with whistles, air horns, megaphones, soda cans filled with pennies, pots and pans. • Throwing projectiles such as sticks, small rocks, cans, tennis balls or rubber balls at the direction of the coyote. • Squirting water from a hose, water gun or spray bottle (with vinegar water). See this fun and educational video for more hazing tips: bit.ly/19hkRB2 High -intensity hazing: Consists of approaching the animal quickly and aggressively, throwing projectiles, paint balls, pepper balls, sling shots, clay pellets or pepper spray at the coyote. High -intensity hazing should only be carried out by trained professionals such as animal control and police officers. High -intensity hazing should be used in specific areas and only in response to more egregious incidents. LETHAL CONTROL Lethal control programs may seem a like a quick fix to problems among coyotes, people and pets. However, removal programs are not effective in reducing coyote populations or addressing the root causes of conflicts. Coyote removal programs are costly (due to the difficulty of catching coyotes) and controversial among the public. When implementing lethal control, it is extremely difficult to ensure that problem -causing coyote(s) will be the ones located and killed. Since firearms are usually unsafe to use in urban and suburban areas, traps (which are by design non -selective for particular coyotes) are generally the method used. Because coyotes are so intelligent and wary of human scent, it is very difficult to catch any coyote in a trap, never mind the problem - causing coyote. Research has shown that when lethally controlled, coyotes exhibit a "rebound effect" (a surge in their Why killing doesn't work Shoot or poison coyotes and you will have jest as many again within a year or two. Kill one or both mem- bers of the alpha pair (A) —the only one that normally reproduces —and other pairs will form and reproduce. At the same time, lone coyotes will move in to mate, young coyotes will start having offspring sooner, and Iitter sizes will grow. KEY PACK FEMALE PACK MALE OUTSIDER MALE PUP YEARLING STABLE PACK Only the alpha pair reproduces, and Its litters are small. Pack members are less likely to eat sheep. KILLING Cuts numbers by half, but only temporarily. PACK DISRUPTED BY LETHAL CONTROL Surivors, joined by males from outside, start reproducing. Litter sizes Increase. The need to feed many pups can lead adults to prey on sheep. Solving Problems with Coyotes 11 reproductive rates), allowing for quick regeneration of their population numbers. The disruption of their family group structure leads to an increase in the number of females breeding in the population, and the increase in available resources leads to larger litter sizes, earlier breeding ages among females and higher survival rates among pups. This allows coyote populations to bounce back quickly, even when as much as 70 percent of their numbers are removed through lethal control efforts. For these reasons, lethal programs are not effective at reducing coyote populations, and non -selective coyote trapping programs are not effective at solving conflicts. In addition, coyotes removed from an area will quickly be replaced by transient coyotes looking for a vacant home range. If the root causes of human -coyote conflicts have not been addressed, incoming coyotes may quickly become nuisance coyotes as well. It is far better to have well-behaved resident coyotes who will hold territories and keep transients at bay then to risk having to deal with newcomers who do not know the "rules." Lethal responses (coyote removal) should be considered only in the event of an unprovoked, confirmed attack on a human. If implemented, lethal control efforts should focus on the offending coyote(s) only, rather than the coyote population at large. This requires significant surveillance efforts to make sure that the correct animal(s) is targeted and removed. Lethal control should be considered as only one of a suite of management interventions (e.g., removal of attractants, hazing, etc.) that involve an array of humane and non -lethal measures. It is worth remarking that if non -lethal control techniques are effective enough to reduce human -coyote interactions and conflicts to acceptable levels, then the lethal control limited option may remain in the toolbox without being used. LOCAL ORDINANCES In addition to the suggested responses below, the following community -wide ordinances may be helpful: Leash law. Implementing a leash law and monetary fine for off-leash dogs can help address problematic behavior that could lead to coyote -pet conflicts. Residents should be instructed to keep pets on a leash 6 feet long or shorter. Anti -feeding ordinance. Banning the feeding of wildlife (exceptions may be made for bird feeders) and establishing a monetary fine may be helpful in addressing problematic feeding behavior that can lead to the habituation of coyotes. 12 Solving Problems with Coyotes Human -coyote conflict classification and recommended responses Coyote Behavior Classification Response Coyote heard; scat or prints seen Observation Distribute educational materials and information on normal coyote behavior. Coyote seen moving through the area (day or night) Sighting Distribute education materials and information on normal coyote behavior. Coyote seen resting in area (day or night) Sighting If area frequented by people, educate on normal coyote behavior and how to haze to encourage animal to leave. Look for and eliminate attractants. Coyote entering a yard (no person present) Sighting Educate on coyote attractants; provide hazing information and yard audit*. Coyote following or approaching a person with no incident Encounter Educate on hazing techniques. Look for and eliminate attractants. Coyote following or approaching a person and pet with no incident Encounter Educate on hazing techniques and pet management. If an open area, post education signs to alert other residents to keep dogs on leash and to haze coyotes. If it is pup season and there is a known den nearby, consider blocking off the path or area until pup season is over. Coyote entering a yard with pets, no incident Encounter Educate on coyote attractants and pet management, provide hazing information and yard audit*. Coyote entering yard with people and pets, no pet attack occurring Encounter Gather information on specific animals involved and report circumstances. Educate on coyote attractants and pet management, provide hazing information and yard audit*. Coyote injures or kills unattended pet in backyard Unattended Pet Attack Gather information on specific animals involved and report circumstances. Educate on coyote attractants and pet management, provide hazing information and yard audit*. Coyote injures or kills pet off -leash in open space area Unattended Pet Attack Gather information on specific animals involved and report circumstances. Educate on pet management and hazing, Look for and eliminate food attractants. Post education signs in open area to alert other residents to keep dogs on leash and to haze coyotes. If it is pup season and there is a known den nearby, consider blocking off the path or area until pup season is over. Coyote injures or kills livestock Livestock Loss/Depredation Gather information on specific animals involved and report circumstances. Educate on proper livestock husbandry (including the use of secure enclosures, livestock guarding animals, and/or proper fencing). Solving Problems with Coyotes 13 Coyoyte Behavior Classification Response Coyote injures or kills pet off leash with human nearby (within 6 feet) Attended Pet Attack Gather information on specific animals involved and report circumstances. Educate on pet management, coyote attractants and hazing, Perform yard/neighborhood /public area audit*. Post education signs and/or send educational materials to residents in the area. Implement high intensity hazing techniques (by ACOs, police, etc.) -using rubber bullets, paintball guns, etc. Coyote injures or kills pet on -leash (within 6 feet) Attended Pet Attack Gather information on specific animals involved and report circumstances. Educate on pet management, coyote attractants and hazing. Perform yard/neighborhood/ public area audit*. Post education signs and/or send educational materials to residents in the area. Implement high-intensity hazing techniques (byACOs police, etc.)-using rubber bullets, paintball guns, etc. Coyote aggressive toward person, showing teeth, back fur raised, lunging, nipping without contact Incident Gather information on specific animals involved and report circumstances. Educate on pet management, coyote attractants and hazing. Perform yard/neighborhood/ public area audit*. Post education signs and/or send educational materials to residents in the area. Implement high -intensity hazing techniques (by ACOs, police, etc.) -using rubber bullets, paintball guns, etc. Coyote has bitten human (Human encouraged coyote to engage by hand feeding, approaching coyote with pups, intervening during pet attack, etc.) Provoked Human Attack Identify and gather information on all details of attack (including action of victim before and after attack, whether feeding or pets were involved, action of victim towards coyote and how incident was resolved.) Any human bitten by a coyote(s) will need to seek the advice of their physician concerning the administration of a post - exposure rabies vaccination. If the offending coyote is killed, he/she should not only be tested for rabies, but should be also given a full necropsy (to determine general health and whether feeding was involved). Educate residents on coyote attractants, yard/neighborhood audits, hazing and pet management. Levy fines (for wildlife feeding or leash law violations) when appropriate. Implement high -intensity hazing techniques (by ACOs, police, etc.) -using rubber bullets, paintball guns, etc. for any other habituated or bold coyotes in area. Coyote has bitten human (Human did not encourage coyote to engage) Identify and gather information on all details of attack (including action of victim before and after attack, whether feeding or pets were involved, action of victim towards coyote and how incident was resolved.) Any human bitten by a coyote(s) will need to seek the advice of their physician concerning the administration of a post - exposure rabies vaccination. If the offending coyote is killed, he/she should not only nprovoked be tested for rabies, but should be also given a full necropsy (to determine general uman Attack health and whether feeding was involved). Lethal control efforts, if implemented, should focus on the offending coyote(s), rather than the coyote population at large. Educate residents on coyote attractants, yard/neighborhood audits, hazing and pet management. Levy fines (for wildlife feeding or leash law violations) when appropriate. Implement high -intensity hazing techniques (by ACOs, police, etc.) - using rubber bullets, paintball guns, etc. for any other habituated or bold coyotes in area. * (See Appendix C) 14 Solving Problems with Coyotes Appendices Appendix A: COYOTE INCIDENT REPORT FORM Date: Time of interaction: Duration of Interaction• Name of reporting party Address of reporting party: Phone number of reporting party: Address of interaction: Location type (park, commercial property, residential property, natural preserve, vacant land, other)• Type of interaction: Observation, Sighting, Encounter, Incident, Pet Attack: Attended/Unattended, Human Attack: Provoked/ Unprovoked?(See reverse for definitions) Activity of reporting party prior to interaction (e.g., walking, running, riding bike): Was the coyote being intentionally fed? Yes ❑ No ❑ Was there pet food present? Yes ❑ No ❑ Was unsecured garbage present? Yes ❑ No ❑ Were other food attractants present? Yes ❑ No ❑ (e.g., bird seed, compost, fruit, etc.) If yes, describe: Was a pet involved? Yes ❑ No ❑ Type of pet: Cat ❑ Dog ❑ Other ❑ Breed/weight of pet: Was pet on leash? Yes ❑ No ❑ (If yes, was leash longer than 6 ft.?) Yes ❑ No ❑ Description of interaction/what happened: Actions taken by reporting party (e.g., ran away, hazed coyote, none, etc ): How did coyote respond? (e.g.,* ran away, approached, etc.) Solving Problems with Coyotes 15 OFFICE USE ONLY: Outcome of incident: Human injuries: Post -exposure rabies vaccination recommended: Yes 0 No 0 Pet injuries: Pet killed: Yes 0 No 0 Coyote injuries: Coyote euthanized: Yes 0 No 0 Coyote necropsy results. Stomach contents: human food: Yes 0 No 0 Sign of disease: Yes 0 No 0 If Yes, describe: DEFINITIONS: OBSERVATION: The act of noticing signs of a coyote(s), such as tracks, scat or vocalizations, but without visual observation of the coyote(s). SIGHTING: A visual observation of a coyote(s). A sighting may occur at any time of the day or night. ENCOUNTER: A direct meeting that is between human and coyote(s) with no physical contact and that is without incident. INCIDENT: A conflict between a human and a coyote where the coyote exhibits any of the following behaviors: growling, baring teeth, lunging or making physical contact with person. A human is not bitten. HUMAN ATTACK: Provoked: An attack where the involved human encourages the coyote to engage. Examples include a human hand -feeding a coyote, approaching a coyote with pups or intervening in a coyote attack on a pet. Unprovoked: An attack where the involved human does not encourage the coyote to engage. PET ATTACK: Coyote(s) kills or injures a domestic pet. Attended: Pet is on a leash less than six feet in length or is in the presence of a person less than six feet away. Unattended: Pet is free -roaming, walking off -leash more than six feet from a person or on a leash longer than six feet. LIVESTOCK LOSS/DEPREDATION: Coyote(s) kills or injures livestock. 16 Solving Problems with Coyotes Appendix B: GUIDELINES FOR IMPLEMENTING A COMMUNITY -BASED HAZING PROGRAM Because coexisting with wildlife involves the community, the most successful coyote hazing programs involve residents and volunteers. Residents are best equipped to respond consistently and at the most opportune times in their own neighborhoods, greenbelts, parks and open spaces. Coyotes will also learn to fear the general public faster if they are hazed by the residents that they already encounter in their home ranges. Involving the community in coyote hazing efforts has the additional benefit of empowering residents and reducing their fear of coyotes by giving them tools to address coyote conflicts themselves. Before attempting to haze coyotes on their own, residents should first be properly trained on the following topics: • Basic coyote ecology and behavior. • Seasonal behavior changes —breeding season, pups, denning behavior. • Influences of human behavior on coyotes. • How to identify and remove food attractants. • Safety tips for pets. • Hazing techniques, tools and tips for success. When possible, in -person trainings and meetings are the best way to relay this information to residents and to train them in coyote hazing techniques. Supplemental materials, such as handouts, brochures and websites, can also provide this information when necessary. CREATING A VOLUNTEER HAZING TEAM A group of volunteers trained in coyote hazing techniques can be quite useful to respond to coyote conflicts in public areas (such as parks, playgrounds, etc.). The following guidelines are suggested for managing a volunteer hazing team: 1. Volunteers should be trained in proper coyote hazing techniques (as discussed above). 2. Volunteers should be added to a Community Citizen Volunteer email list, from which they will be notified of "hot spots" and asked to haze in the area. 3. Updates, additional coyote information, electronic flyers and handouts should be sent to members of the Community Citizen Volunteer group to disseminate to the general public. 4. Volunteers should fill out a Hazing Interaction Report after each hazing activity. 5. Hazing Interaction Reports will include the following details: • Date, location, time of day, number of coyotes. • Initial coyote behavior, hazing behavior, coyote response. • Effectiveness ratings. • Tools and techniques used. • Additional details/comments. COYOTE HAZING TIPS FOR SUCCESS 1. Hazing is most effective when an individual coyote is hazed by a variety of people using a variety of tools and techniques. 2. The coyote being hazed must be able to recognize that the potential threat is coming from a person. Therefore, hiding behind a bush and throwing rocks or hazing from inside a car or house (for example) isn't effective. 3. When hazed for the first time, a coyote may not respond at first or may run a short distance away. If this happens, it is important to continue hazing (and intensify the hazing if possible) until the coyote leaves the area. Otherwise, the coyote will learn to wait until the person gives up. Inconsistent hazing will create an animal more resistant to hazing instead of reinforcing the notion that "people are scary." 4. Make sure to provide an escape route for the coyote. Do not corner the coyote or chase the animal in the direction of traffic or other people. 5. A group of coyotes should be hazed in the same manner as a single coyote. In a group, there will always be a dominant coyote who will respond first, and once he runs away, the others will follow. Solving Problems with Coyotes 17 6. Hazing efforts should be exaggerated at the beginning of a hazing program, but less effort will be needed as coyotes learn to avoid people and neighborhoods. Coyotes learn quickly, and their family members and pups will emulate their behavior, leading to a ripple effect throughout the local coyote population. 7. Certain levels of hazing must always be maintained so that coyotes do not learn or return to unacceptable habits. 8. Obviously sick or injured coyotes should not be hazed by the general public. In these cases, police or animal control officers should be contacted. 9. People should never run from or ignore a coyote. Running from a coyote can initiate a chasing instinct, while ignoring a coyote creates habituation and negates the positive effects of hazing. 10. It is important to identify and remove possible coyote attractants in conjunction with hazing. Hazing will be less effective if food attractants are plentiful in a neighborhood. 18 Solving Problems with Coyotes Appendix C: COYOTE YARD AUDIT CHECKLIST (For municipal or homeowner use) FOOD OK FIX Ways to mitigate FOOD NEVER hand -feed or intentionally feed a coyote! Pet Food Never feed pets outdoors; store all pet food securely indoors. Water Sources Remove water attractants (such as pet water bowls) in dry climates. Bird Feeders Remove bird feeders or clean fallen seed to reduce the presence of small mammals that coyotes prefer to eat. Fallen Fruit Clean up fallen fruit around trees. Compost Do not include meat or dairy among compost contents unless fully enclosed. BBQ Grills Clean up food around barbeque grills after each use. Trash Secure all trash containers with locking lids and place curbside the morning of trash pickup. Periodically clean cans to reduce residual odors. LANDSCAPING Trim vegetation to reduce hiding places and potential denning sites. STRUCTURES/ OUTBUILDINGS Restrict access under decks and sheds, around woodpiles, or any other structure that can provide cover or denning sites for coyotes or their prey. FENCING Enclose property with an 8-foot fence (or a 6-foot fence with an additional extension or roller -top) to deter coyotes. Ensure that there are no gaps and that the bottom of the fence extends underground 6 inches or is fitted with a mesh apron to deter coyotes from digging underneath. PETS Never leave pets unattended outside. Never allow pets to "play" with coyotes. Fully enclose outdoor pet kennels. Walk pets on a leash no longer than 6 feet in length. We encourage you to take steps to eliminate attractants on your property in order to minimize conflicts with coyotes. We also urge you to share this information with friends and neighbors because minimizing conflicts is most effective when the entire neighborhood works together. Solving Problems with Coyotes 19 Appendix D: EXAMPLE COYOTE RESOLUTION RESOLUTION NO A RESOLUTION APPROVING A COYOTE MANAGEMENT PLAN WHEREAS, the City of has a duty and responsibility to its residents to protect the public health, safety, and welfare of its residents; and WHEREAS, the city of desires to identify and achieve a balance between the importance of human safety and the ecology of the region; and WHEREAS, due to the varied interests of persons and organizations regarding actions that can be taken in the management of coyotes, a written management plan is desirable to ensure that the varied interests are evaluated and considered when seeking to address conflicts with coyotes, and; WHEREAS, the City of has developed a Coyote Management Plan to provide recommendations for educating the community regarding living and interacting with wildlife and addressing perceived or actual conflicts with coyotes including sightings, attacks on pets, aggressive behavior of coyotes, and a general fear of harm to life and property caused by coyotes, and; WHEREAS, the purpose of the Coyote Management Plan is to provide effective solutions to coyote conflicts, including a behavior classification and recommended response chart, to resolve and reduce human -coyote conflicts within the City in a humane and effective manner; and WHEREAS, a combination of education and hazing have been found to be the most effective methods to alleviate the potential dangers that may result from coyote -human interactions, and WHEREAS, the is directed to utilize non -lethal methods, including education and hazing methods, as primary methods in coyote management, considering lethal responses (coyote removal) only in the event of an unprovoked attack on a human, NOW, THEREFORE, BE IT RESOLVED by , that: The Coyote Management Plan attached hereto and incorporated herein by reference, is hereby approved. The resolution shall be effective immediately. APPROVED AND ADOPTED THIS DAY OF ATTEST: 20 Solving Problems with Coyotes PHOTO CREDITS FRONT COVER: WILLIAM WEAVER/WILLIAM WEAVER PHOTO. PAGE 3: JGARERI/ISTOCK.COM. PAGE 4: STEVE SHINN/STEVE SHINN PHOTOGRAPHY. PAGE 5: SPONDYLOLITHESIS/ISTOCK.COM. PHOTO CREDITS FRONT COVER: WILLIAM WEAVER/WILLIAM WEAVER PHOTO. PAGE 3: JGARERI/ISTOCK.COM. PAGE 4: STEVE SHINN/STEVE SHINN PHOTOGRAPHY. PAGE 5: SPONDYLOLITHESIS/ISTOCK.COM. Our Promise We fight the big fights to end suffering for all animals. Together with millions of supporters, we take on puppy mills, factory farms, trophy hunts, animal testing and other cruel industries. With our affiliates, we rescue and care for thousands of animals every year through our animal rescue team's work and other hands-on animal care services. We fight all forms of animal cruelty to achieve the vision behind our name: a humane society. And we can't do it without you. THE HUMANE SOCIETY OF THE UNITED STATES 1255 23rd Street, NW, Suite 450 Washington, DC 20037 humanesociety.org ©2019 THE HSUS. ALL RIGHTS RESERVED. Attachment 2 Coexisting with Coyotes An advocate's guide for preventing coyote killing programs in your community THE HUMANE SOCIETY OF THE UNITED STATES How to use this toolkit We fight the big fight for all animals, but we can't do it without your help. This toolkit is designed to add power to your passion, enabling you to be an effective advocate for coyotes in your community. For more than a century, a war has been waged on coyotes: Poison, guns, hunting dogs and many other cruel killing methods have been used to try to eradicate the species. Yet thanks to the wary nature of coyotes —and their remarkable adaptability —they've expanded their range throughout North America, and they are now found in every state and major city in the U.S. (except Hawaii). Most coyotes in urban and suburban areas do their best to avoid people. However, free buffets in the form of unsecured garbage and pet food left outside can encourage coyotes to come closer into neighborhoods, where conflicts with people and pets may ensue. Trapping and killing programs are often proposed in an attempt to solve these conflicts, but these programs are ineffective both at reducing coyote populations and at getting to the root cause of conflicts. The adoption of a humane coyote conflict management plan —focused on tools such as public education and coyote hazing — is a much more effective way to solve conflicts among coyotes, people and pets. This toolkit is designed to empower advocates like you to take action to help the coyotes in your community. Many people believe that the voice of a large, national animal welfare organization is enough to protect animals, but the voice of a constituent —yours! —is an incredibly powerful tool in the fight to protect coyotes. Local decision -makers want to hear from you, not an outsider. A groundswell of local opposition to a coyote killing program —or support of a humane coyote management plan —as the greatest impact. This toolkit teaches you how best to voice your opinion and how to inspire others to do the same. The toolkit includes the following sections: • Learn the issue: Knowing more about the types of conflicts your community might have with coyotes can help you better understand how to address them humanely. • Gather information: Asking key questions of the community and its leaders will equip you with the details needed to develop your strategy. • Take action: What should you do? Here you'll find steps you can take to oppose lethal management and to encourage the adoption of a humane coyote management plan. • Helpful tools: Communicating effectively is paramount to success. We've included sample language for everything from social media posts to testimony, as well as fact sheets you can distribute to your community. Don't have much time? We recognize that life is filled with competing priorities, and we applaud you for making the coyotes in your community one of them! Following this toolkit from beginning to end will enable you to make the greatest possible impact, but if you only have a few moments to spare, skip straight to the Take Action section on page 9. There you will find tips for actions that require less time yet still make a big impact, such as posting on social media or writing a letter to the editor. The Helpful Tools section (page 13) makes these actions easy by providing sample language. 2 CONTENTS How to use this toolkit 2 Contents 3 Learn the issue 4 Gather information 8 Take action 9 Helpful tools 13 Sample letters to officials 13 Sample request for meeting 14 Sample testimony 15 Sample social media items 16 Sample letter to the editor 17 Sample opinion piece (op-ed) 18 Example ordinance 19 Factsheets 22 Preventing Coyote Conflicts 22 Coyote Hazing Guidelines 24 Coyote Solutions 26 3 Learn the issue GENERAL BIOLOGY, REPRODUCTION AND BEHAVIOR Appearance: Most coyotes weigh approximately 25-35 pounds, although their long legs and thick fur make them appear larger. Coyote fur varies in color from gray-brown to yellow-gray. They have a black -tipped tail, which helps to distinguish them from other canids such as red foxes. Coyotes also have yellow/amber eyes (which help to distinguish them from domestic dogs), large ears and narrow, pointed muzzles (which help to distinguish them from wolves). Diet: Coyotes are opportunistic omnivores with great flexibility in their diet. They generally hunt small mammals such as mice, rats, voles, rabbits and prairie dogs, but will also eat fruit and berries and will even scavenge road -killed animals. In urban areas, coyotes sometimes eat pet food, unsecured garbage and compost. Habitat: Due to their intelligence and adaptability —in addition to extensive urbanization and the subsequent decline of larger predators —coyotes have successfully expanded their range across North America. Coyotes are now found in all states in the U.S. except Hawaii and have become well established in nearly every ecosystem. They live in deserts, swamps, tundra and grasslands, brush, dense forests, cities and suburbs. Social structure: Most coyotes (called resident coyotes) live in family groups with one breeding pair and three to four other related individuals. Coyotes do not hunt in packs, but they work together to defend their territory from other coyote family groups. Other coyotes (called transient coyotes) live alone or as an isolated mated pair. Coyotes mate once per year during their breeding season (which occurs from January through March). During the pup season (April through August), the breeding pair gives birth to pups (typically in April or May). Litter size depends on available resources and the number of coyotes in the area. The average litter size is four to seven pups. Coyotes place their pups in a den for the first 6 weeks, after which the pups learn to hunt with their parents. Coyote dens are found in steep banks, rock crevices and underbrush, as well as in open areas. During dispersal season (September through December), the pups from the previous year (yearlings) leave the family group and become transient coyotes in search of a new home range. ECOLOGICAL IMPORTANCE Coyotes are curious, smart and adaptable creatures, and our urban areas provide the perfect balance of food, shelter and water for them. What you may not know is that even in fragmented and urbanized landscapes, coyotes can play an integral role in their environment by providing ecosystem services and helping to maintain species diversity. Coyotes in urban areas not only provide free rodent control by feeding on mice and rats, but they also help regulate the population size of other species that may cause conflicts with people in urban areas (such as voles, wild turkeys, white-tailed deer and Canada geese). COYOTE ATTRACTANTS IN URBAN AREAS Food: Urban areas provide a bounty of natural food choices for coyotes, who primarily eat rodents such as mice and rats. Human -associated food such as pet food, unsecured compost or trash, and fallen fruit in yards, can attract coyotes to suburban neighborhoods. Intentional and unintentional feeding can lead coyotes to associate humans with sources of food, which can result in negative interactions among coyotes, people and pets. Not feeding pets outside, removing fallen fruit and bird seed from the ground, keeping trash in high - quality containers with tight -fitting lids, and never 4 deliberately feeding a coyote are some ways to reduce food attractants in urban and suburban areas. Water: Urban areas provide a year-round supply of water —in the form of storm water impoundments and channels, artificial lakes, irrigation, pet water dishes, etc. —which support both coyotes and their prey. In dry conditions, water can be as alluring as food, so remove water bowls set outside for pets and make watering cans unavailable. Access to shelter: Parks, greenbelts, open spaces, golf courses, buildings, sheds, decks, crawl spaces and other shelters increase the amount and variability of cover for coyotes. They allow coyotes to safely and easily remain close to people, pets, homes and businesses without detection. Unattended pets and feral cats: Pets are a normal part of urban and suburban landscapes. Within their territory, coyotes may consider pets as potential prey or potential competitors. Free -roaming pets, especially cats and sometimes small dogs, may attract coyotes into neighborhoods. It is important to note that attacks on cats are normal coyote behavior and do not indicate a danger for people. The only way to protect cats from coyotes (and the other dangers of outdoor life, such as cars, disease, dogs and other wildlife) is to keep cats indoors or only let them outside in a secure enclosure or when accompanied by a person and under the control of a leash and harness. (See humanesociety.org/indoorcats for tips on making the transition to indoors!) Although there is no sure way to protect community cats from coyotes, it can be helpful to feed cats during the day and at a set time —and to pick up any leftovers immediately. Small, unattended dogs may be seen as potential prey for coyotes. It is important to either keep dogs on a leash 6 feet long or shorter when outdoors or to stay within 6 feet of them when outside. (Coyotes may view a dog on a leash longer than 6 feet as an unattended pet.) Although attacks on larger dogs are rare, coyotes will sometimes go after a large dog when they feel that their territory is threatened. This generally occurs during the coyote breeding season, which takes place from January through March. During this time, it is especially important not to let dogs outside unattended and to keep them on leashes (6 feet long or shorter) when in public areas. Fences can be used to keep coyotes out of residential yards, but they must be "coyote -proof." Coyote -proof fences are at least 8 feet tall and made of a material that coyotes cannot climb or at least 6 feet tall with a protective device on top such as a "coyote roller (coyoteroller.com) that rolls off any coyotes (and dogs) who try to scramble over the fence. To prevent coyotes from digging under a fence, it should extend underground at least twelve inches or include an L- shaped mesh apron that extends outward at least 18 inches and is secured with landscape staples. Other domestic animals: Animals kept outside, such as chickens and rabbits, may also be viewed as prey by coyotes. Protect poultry or other outdoor animals from coyotes (and other predators) by using protective fencing (both structural and electric), by ensuring that they are confined in sturdy cages or pens each evening, and by using livestock -guarding animals where possible. HUMAN -COYOTE ENCOUNTERS Coyote attacks on people: Coyote attacks on people are very rare. More people are killed by errant golf balls and flying champagne corks each year than are bitten by coyotes. Often, coyote attacks are preventable by modifying human behavior and educating people about ways to prevent habituation. In many human attack incidents, it turns out that the offending coyote was being fed by people. In many other instances, people were bitten while trying to rescue their free -roaming pet from a coyote attack. Less often, people are bitten by injured coyotes, or even more rarely, rabid coyotes. 5 Public health concerns: Coyotes, like all warm-blooded animals, may contract rabies. Their close kinship to dogs places coyotes at greater risk where there are populations of unvaccinated domestic dogs. Recent advances in rabies control using oral bait to immunize wild animals without having to capture them have made controlling the spread of rabies in coyotes much more effective. SOLVING HUMAN -COYOTE CONFLICTS Education and outreach: A critical element of successful human -coyote coexistence is education and awareness. Education helps local people make appropriate decisions to keep their property and pets safe. Precautions include decreasing food attractants, being careful with pets and tolerating normal coyote behavior. An education campaign should focus on how to coexist with coyotes. Outreach opportunities include: ■ Educational materials: These can include brochures, informational postcards mailed or hand -delivered to specific neighborhoods with a high number of coyote sightings and interactions, detailed information and appropriate links made available on local websites, e-newsletters, development of various public service announcements to run on public access channels, or signage posted in appropriate parks and open spaces. ■ Trainings: Incorporate coyote education in schools and make educational seminars and trainings available to the public. ■ An outreach and education team: Composed of trained community volunteers, a team can help with community outreach by tabling at community events, presenting in classrooms and/or following up directly with individuals and neighborhoods who may have concerns. Hazing: An intervention technique: Generally, coyotes are reclusive animals who avoid human contact. Coyotes in urban and suburban environments, however, may learn that neighborhoods provide easy sources of human -associated food while presenting few real threats. These coyotes, having lost their fear of humans, may visit yards and public areas even when people are present and may cause conflicts with people and pets. Humans have contributed to this habituation of coyotes by not reacting when they see a coyote. We have a tendency to either ignore them due to fear or to be enamored by them because they are wild and it is "cool" to see one. To coexist safely, it's important to modify this behavior and attitude in resident coyote populations. The best solution for addressing problematic coyote behavior is by instituting a community -based hazing program. Hazing is an activity or series of activities that attempts to change behaviors of habituated coyotes and/or to re -instill a healthy fear of people in the local coyote population. Hazing techniques include generating loud noises, spraying water, shining bright lights, throwing objects, shouting, etc. Hazing can help maintain coyotes' fear of humans and deter them from neighborhood spaces such as backyards, greenbelts and play spaces. A hazing program encourages the use of harassing actions without employing weapons or causing bodily harm to the coyote. The more often an individual animal is hazed, the more effective hazing is in changing coyote behavior. Being highly intelligent animals, coyotes who are hazed quickly learn to avoid neighborhoods, people and pets. Humane coyote management plan: The Humane Society of the United States has prepared a template coyote management plan for use by communities (including, but not limited to, cities, villages, towns, 6 counties, homeowners associations, etc.) in humanely and effectively preventing and solving conflicts among coyotes, people and companion animals. The suggested actions outlined in the plan help increase citizens' knowledge and understanding of how coyotes behave and share how to manage such behavior to reduce or eliminate conflicts with coyotes. The plan is based on scientific research, a thorough understanding of coyote ecology and biology in urban settings, and the best- known management practices and management tools. Find the plan at humanesociety.org/coyotes Why killing coyotes doesn't work: Lethal control programs may seem a like a quick fix to problems among coyotes, people and pets. However, removal programs are not effective in reducing coyote populations or addressing the root causes of conflicts. Coyote removal programs are costly (due to the difficulty of catching coyotes) and controversial. When implementing lethal control, it is extremely difficult to ensure that problem -causing coyote(s) will be the ones located and killed. Since firearms are usually unsafe to use in urban and suburban areas, traps (which are by design non -selective for particular coyotes) are generally the method used. Because coyotes are so intelligent and wary of human scent, it is very difficult to catch any coyote in a trap, never mind the problem - causing coyote. Research shows that when lethally controlled, coyotes exhibit a "rebound effect" (a surge in their reproductive rates), allowing for quick regeneration of their population numbers. The disruption of their family group structure leads to an increase in the number of females breeding in the population, and the increase in available resources leads to larger litter sizes, earlier breeding ages among females and higher survival rates among pups. This allows coyote populations to bounce back quickly, even when as much as 70% of their numbers are removed through lethal control efforts. In addition, coyotes removed from an area are quickly replaced by transient coyotes looking for a vacant home range. If the root causes of human -coyote conflicts have not been addressed, incoming coyotes may become nuisance coyotes as well. It is far better to have well- behaved resident coyotes who will hold territories and keep transients at bay then to risk having to deal with newcomers who do not know the "rules." Lethal responses (coyote removal) should be considered only in the event of an unprovoked, confirmed attack on a human. If implemented, lethal control efforts should focus on the offending coyote(s) only, rather than the coyote population at large. This requires significant surveillance efforts to make sure that the correct animal(s) is targeted and removed. For other conflicts, a combination of hazing and public education (focusing on the elimination of food attractants) is a much more effective way to addressing problematic coyote behavior. 7 Gather information Whether you're trying to stop proposed lethal control or proactively encourage the adoption of a humane management plan, asking some key questions of your community leaders will help you develop your strategy. KEY QUESTIONS: ■ What are the complaints about, specifically (e.g., coyote seen in yard, coyote -pet conflict, livestock depredation, etc.)? How many complaints have there been and from whom? ■ What resources are attracting the coyote to that location (e.g., intentional feeding, a nearby water source, unsecured compost, etc.)? ■ What actions have been taken so far to address the situation? Have education materials been distributed? Has hazing been tried? ■ Are there any local ordinances or laws prohibiting the feeding of coyotes and/or laws requiring pets to be kept on a 6-foot leash? ■ Does the county, city or town have an existing coyote policy? Have any nearby counties, cities or towns adopted a successful humane coyote management plan that you can point to? 8 Take action Having learned about the issue and gathered information, you're ready to take action. This section is divided into actions you can take to engage your local officials, your community and the media, as well as actions to influence policy. Be sure to see the Helpful tools section on page 13 for sample language and materials, making taking action that much easier! ENGAGING LEADERS Contact your officials Public officials take constituents' interests seriously; they prioritize responding to constituents over non - constituents. Writing letters, sending emails and making phone calls to your leaders is perhaps the most important step you can take to help the coyotes in your community. Make your voice heard! Be cordial and factual, and stick to two or three key points that will most interest the official (e.g., coyote killing programs don't work, are inhumane, and are unnecessary). See a sample letter to officials on page 13. Request a meeting with your officials Politely request to meet with your officials (see page 14 for sample language). You can attend the meeting by yourself or invite other constituents (e.g.,your friends, family, neighbors) to participate. Plan for the meeting to last about 15 minutes (be sure to be on time!) and be aware that you may actually meet with a staff member rather than your elected official. Call or email to confirm the meeting two or three days before the scheduled meeting time. Prepare your materials: ■ Bring a concise fact sheet with you highlighting the problems with coyote killing programs and the benefits of adopting a humane coyote management plan (see the fact sheets at the end of this toolkit for an example). Helpful tips for your meeting: ■ Before any meeting with an official, research the person you'll be meeting with as much as you can, develop an agenda and prepare a packet of the materials to leave with the official. ■ Dress professionally, be cordial and listen to and address their concerns. Practice your presentation ahead of time. If you do not know the answer to a question, tell the official you will find out and get back to them. Do not be discouraged if the official agrees with only a portion of your proposal. Compromise is often necessary in advocacy. Be candid about which entities will likely oppose your proposal. Follow up: ■ Promptly follow up on your meeting by sending a letter or email thanking the official for their time, briefly restating your position, and responding to any unanswered questions that came up during the meeting. Testify at a town hall meeting Perhaps the most important action you can take is to attend a town hall meeting where your local elected official(s) will be present. These meetings typically 9 include time for public comments or questions, but it is important that only those involved (e.g., residents) do so, as officials don't always respond well to "outsiders." This is an ideal opportunity to discuss why a humane coyote management plan is a good alternative to a cull and put the issue right before the decision -makers for comment. There is normally a time limit of about three minutes for oral testimony in meetings of commissions and councils, so please keep your remarks brief and concise (see sample testimony on page 15). You might also coordinate with other advocates to ensure that you don't duplicate each other's testimony and instead each focus on a specific topic. For example, one person can talk about why coyote killing programs don't work and another can briefly explain the different ways to solve conflicts with coyotes humanely (e.g., hazing). Having all residents who support humane coyote management — the coalition you've worked so hard to build! —wear the same color shirt, or even a button, helps make the weight of your collective voice clear to officials. ENGAGING THE COMMUNITY Build a coalition Getting your community to voice opposition to a coyote killing program takes significant effort. You'II need to reach out to officials and while engaging others in your community. Even in big cities, it can be common for very few people to get involved in local issues —which means a small group of people are often the ones changing policies. Getting active support from diverse groups in the community can make or break the adoption of a humane coyote management plan and/or the stopping of a coyote killing program. Let them know about your efforts and secure letters of support, along with commitments to meet with their elected officials, attend and/or testify at hearings, and provide outreach to other community residents. Spread the word on social media Engage your local network on social media, asking only those directly involved (i.e., constituents) to contact their officials to voice their opinion. Inform them of scheduled community meetings and ask them to get involved by submitting op-eds or letters to the editor, and by contacting their elected officials. Social media is a great way to find like-minded individuals who will help you in your mission! Our toolkit includes a sample share graphic, tweets and Facebook posts (see page 16). You may also find it helpful to create a Facebook group of like-minded neighbors. You can use it to advocate for coyotes now, and you can reach back out again in the future if other animal welfare issues come up.. Organize a public education event in your community If you have a strong grasp of the issue and how it impacts your community, consider hosting a public event to educate fellow citizens about preventing conflicts with coyotes. You can encourage attendees to take action to stop lethal management and to support a humane management plan. (See the fact sheets at the end of this toolkit for use at such an event). You'II want to invite key stakeholders to co -host, speak at or attend the event. Prepare for opposition While every community is different, the odds are that someone in your area will support killing coyotes and oppose the adoption of a humane coyote management plan. Be sure to prepare sympathetic officials with information about the opponent's concerns and the data, facts and talking points to address them (see the fact sheets at the end of this toolkit for helpful material). ENGAGING THE MEDIA Submit a letter to the editor of your local paper Letters to the editor are an important tool for influencing public opinion, as they are typically the most widely read section of the newspaper. Lawmakers frequently read the opinion section to gauge the interest of their constituents on a variety of matters. The more letters submitted to the same publication that express similar viewpoints, the greater the likelihood that one or more letters will be published, so encourage others to write as well. It can also help shape news coverage if editors recognize this as an issue that's important to readers. The average letter to the editor is only about five or six sentences —keep it short and direct. Some papers list their word count limit in the letters section. State your main point (i.e., coyote killing programs don't work) in the beginning of the letter to grab the reader's attention. Don't forget to include an "ask" (i.e., the action you want readers to take after reading your 10 letter). Timing is also important, so submit your letter before a killing program or vote on the adoption of a humane management plan is scheduled to occur. This toolkit contains a few examples of letters to the editor that you can adapt for your needs (see page 17). Submit an opinion piece to your local paper Opinion editorial pieces (commonly known as "op-eds") are similar to letters to the editor, but they are longer and provide more context regarding a particular issue. While letters to the editor may be around 250 words or fewer, op-eds may be 500 to 800 words. Media outlets are more likely to publish op-eds written by individuals who have authority on a particular issue or are seen as a leader in their community. Outline your stake in the issue: Are you a veterinarian, wildlife rehabilitator, animal shelter/rescue worker or volunteer, scientist, member of academia, hunter, hiker, wildlife watcher, or parent, school or community association concerned with animal welfare or public safety? Say so! State your main point (i.e., coyote killing programs don't work) in the beginning of the op-ed to grab the reader's attention. Don't forget to include an "ask" (i.e., the action you want readers to take after reading your op- ed). Timing is also important, so submit your op-ed before a killing program or vote on the adoption of a humane management plan is scheduled to occur. See page 18 for a sample op-ed. Use the media to influence public opinion After you submit letters to the editor and opinion pieces ("op-eds"), request to meet with the newspaper's editorial board to encourage them to weigh in supporting you position. Cultivate a relationship with local reporters and keep them updated on developments. INFLUENCE POLICY Below are actions you can take to encourage the adoption of a humane coyote management plan. Learn the process The process for adopting local policies varies around the country and among HOAs, so take the time to become familiar with how things work in your community. Another member of your HOA or an official or employee in your local government may be able to help you. Attend a few meetings of the governing body you hope to influence. Listen to the kinds of questions they ask and the issues they take most seriously. By understanding their general concerns, you will be able to craft persuasive and targeted arguments. Find a friend in office Public officials take constituents' interests seriously, so try talking to your own councilmember, county commissioner, alderman or HOA board of directors first. As much as we would like the people we elect to agree with us, this may not always be the case. If your own official is not interested, do not despair. Try to find other official(s) with an interest in animal issues and pitch your idea to them. Often, your local animal control bureau or nonprofit humane society can point you toward a sympathetic decision -maker. Provide sample policy Providing a sample policy that your community leaders can adopt makes it easier for them to do so. Our template coyote conflict management plan (available at humanesociety.org/coyote) can serve as a resource. You can also encourage your officials to adopt a leash law (monetary fine for off -leash dogs) and a wildlife feeding ban like the one found at the end of this toolkit. 11 Lobby elected officials If a public hearing has been scheduled regarding your proposal, make every effort to ensure that you have the votes you need for it to pass. Ensure that you have met with every official, provided your information packets and responded to their concerns. Don't be afraid to ask whether you have their vote. Encourage as many residents as possible to write to and call their officials. Reach out to your coalition partners to help publicize the issue and issue a call to action through alerts and letters. They key is to convince a majority of the officials to vote in your favor. Public hearing Once your elected officials call a public meeting to discuss your proposal, you will need to determine who will testify at the hearing and get others to attend. Work closely with your supportive officials on how best to present your case to other officials. They may recommend limiting the number of speakers. Plan ahead to make sure that everyone does not speak on the exact same points (a common problem at public hearings). You most likely will have very limited time (probably only three to five minutes per person), so dividing talking points among a handful of speakers can ensure that all of your key arguments are heard. It is especially influential if you can get those who will be enforcing the humane management plan to testify in support. Professionals in uniform add an additional air of importance and mainstream acceptance to an issue. Also, it is a good idea to make sure the elected officials can readily identify those in attendance who are in support of your proposal. Create and distribute stickers, buttons or matching T-shirts with the a relevant message (e.g., "[city] citizens for humane coyote management"). Follow up after the hearing Oftentimes, an issue is not voted on during a public hearing. During the hearing, take careful notes on who speaks in opposition, what their arguments are and how the officials respond to them. Also note what questions the officials ask. This will help you provide information to officials following the hearing to help alleviate any specific concerns. Check in with your sympathetic officials to debrief about the public hearing and decide on what steps to take next. After the vote If a vote is taken and you win, celebrate! If you lose, take all that you have learned during the campaign and put it to good use when you try again. It can often take several attempts before a community adopts a humane management plan, so do not be discouraged if your first effort fails. Talk to the officials who opposed the plan and discuss what changes could be made to garner their support in the future. Remember that regardless of the outcome, you educated many people with your message. Public education is critical to the success of any animal welfare campaign and, over time, an educated public can push for positive changes in their community. 12 Sample letters to officials LETTER IN SUPPORT OF A HUMANE COYOTE MANAGEMENT PLAN [DATE] [OFFICIAL'S ADDRESS] Dear [OFFICIAL], As a resident, I'm writing to ask that [city] adopt a humane coyote management and coexistence plan. The Humane Society of the United States has prepared a template coyote management plan (available at huamnesociety.org/coyote) designed for use in communities like ours to prevent and solve conflicts among coyotes, people and companion animals. The information in the plan has been gathered from scientific and peer -reviewed articles, from experts in the field of human -coyote conflict resolution, and from successful coyote management plans across the U.S., including in nearby [nearby city]. I urge you to adopt this ready -to -implement, humane and effective management plan. Let's send a powerful message that [city] cares about the responsible management of our state's natural resources. Thank you for your time. Sincerely, [NAME] [ADDRESS & CONTACT INFORMATION] LETTER IN OPPOSITION TO COYOTE KILLING PROGRAM [DATE] [OFFICIAL'S ADDRESS] Dear [OFFICIAL], As a resident of [city], I —along with many other citizens and community leaders —ask that the proposed coyote killing program be cancelled. Killing coyotes doesn't work. For more than a century, we've waged a war on coyotes, killing them with poison, guns, hunting dogs and a variety of other cruel killing methods. Nonetheless, the wary nature of coyotes and their remarkable adaptability has allowed them to expand their range throughout North America. Coyotes are here to stay; we must learn to coexist! Rather than engaging in the endless cycle of trapping and killing coyotes, residents of [city] should focus on long-term solutions, such as removing food attractants that lure coyotes into communities, properly protecting pets, and hazing coyotes. Thank you for your time. Sincerely, [NAME] [ADDRESS & CONTACT INFORMATION] 13 Sample request for meeting I FTTER OR EMAIL REQUESTING TO MEET [DATE] [COMMUNITY LEADER ADDRESS] Dear [COMMUNITY LEADER], My name is [name]. I am a constituent and would like to schedule a meeting with you or an appropriate staff person to discuss a humane option for managing conflicts with coyotes in our community. Would you be available on any of the following dates [list dates]? [If others are attending] I expect several other constituents to attend the meeting and will forward their names prior to the meeting date. I have attached a copy of the template coyote management plan I will be proposing and will bring a copy to our meeting. Thank you for your time. I look forward to hearing from you. Sincerely, [NAME] [ADDRESS & CONTACT INFORMATION] 14 Sample testimony My name is [name] and I've been a resident of [town] for [number] years. What has traditionally been a welcoming community has since become divisive over the subject of coyotes. It has been proposed by some that we trap and kill coyotes, but there is a better, more humane and effective way to address our conflicts with them. Killing coyotes doesn't work. It's nearly impossible to completely eradicate coyotes from an area. Despite bounties and large-scale efforts to kill coyotes over the last 100 years, coyotes have, in fact, expanded their range throughout the U.S. and Canada tremendously. One study even found that killing 75% of a coyote population every year for seven years would still not exterminate the population. Rather than engage in an endless and expensive cycle of trapping and killing coyotes, we should focus on long- term solutions, such as removing food attractants that lure coyotes into communities, properly protecting pets, and hazing coyotes. The Humane Society of the United States has created a ready -to -adopt template coyote conflict management plan which outlines these and other humane and effective steps we can take as a community to prevent and solve conflicts among coyotes, people and companion animals. I urge [town] to adopt this plan instead of wasting resources on that which doesn't work. Thank you for your time and the opportunity to address this important issue. 15 Sample social media items SAMPLE FACEBOOK POSTS Facebook can be a great way to mobilize your coalition to take action. But remember, community leaders only want to hear from those in their community, not "outsiders," so be sure to target your post to those directly involved in the issue —and ask others to do the same. 1. [City] has proposed killing coyotes in the area. But killing coyotes won't solve our conflicts with them! Instead, we must address the root causes of the conflicts, such as unsecured trash and pet food left outside. Please join me in urging Mayor [Name] to cancel the proposed lethal management of coyotes, and to instead adopt a humane and effective coyote management plan. If you are a resident of [city], call [phone number] to voice your opinion. Please call only if you are a resident! 2. Coexisting with coyotes is possible! An effective, humane coyote management plan exists and has been implemented in communities across the country. Urge your local officials (find out who represents you at the link below) to adopt humane conflict resolution strategies. 3. Killing coyotes doesn't work! Research has shown that when lethally controlled, coyotes exhibit a "rebound effect" (a surge in their reproductive rates), allowing for quick regeneration of their population numbers. Write a letter to the editor of your local paper to voice your opposition to killing coyotes —it's a waste of time and resources! 4. Attention, all members of [town]! A meeting has been scheduled for [date and time] to vote on proposed lethal management of coyotes. Come voice your support for a humane alternative! SAMPLE TWEETS Tweets have a character limit and can include a photo, video, GIF and even a poll. Incorporate the use of a hashtag (#) in your postings. Be mindful that using too many hashtags can clutter a post and make it more difficult to read. Retweeting other tweets is also a great idea! 1. Killing coyotes is not the answer. Peaceful coexistence is possible! Say "no" to @city's lethal coyote management plan. #noto[city]killingcoyotes #supportcoexistence 2. @Mayor, please cancel plans to trap and kill coyotes in @city. Killing coyotes doesn't solve conflicts with them. A humane alternative is available! #noto[city]killingcoyotes #supportcoexistence 3. @City needs a sustainable, humane coyote management plan, not a temporary fix. @official vote yes to support coexistence! #supportcoexistence SAMPLE GRAPHIC TO GO ALONG WITH SOCIAL MEDIA POSTS Speak up for coyotes! The city of Springfield is planning to trap and kill coyotes. Contact our city leaders now to urge them to cancel this killing program and to use humane solutions for solving conflicts with coyotes instead! Photo Credit: Jgareri/iStock THE HUMANE SOCIETY OF THE UNTIED STATES 16 Sample letters to the editor Use these samples for inspiration, but do not copy and submit them verbatim: Newspapers prefer to print letters that are unique submissions to their publication. SAMPLE LETTER TO THE EDITOR: IN RESPONSE TO FEAR OF PET AND HUMAN ATTACKS [City]'s impulse to trap and kill coyotes is based on false fears and misconceptions. Neither the Centers for Disease Control and Prevention (CDC) nor local and state health departments have classified coyotes as a human safety risk. Only a handful of people are bitten by coyotes nationwide each year, whereas over 330,000 people are bitten by domestic dogs annually. More people are killed by errant golf balls and flying champagne corks annually than are bitten by coyotes. Although coyotes will occasionally prey on free -roaming cats and small dogs, the fear of coyotes eating pets is greatly exaggerated. Many more dogs and cats meet the unfortunate fate of being struck by an automobile than being killed by a coyote. Taking precautions such as keeping cats indoors and dogs on a 6-foot leash can help keep pets safe. To help ease minds, [city] should empower its residents through public education. Equipped with tools to prevent and solve conflicts with coyotes, residents can learn to live in peace with coyotes, rather than to fear them. SAMPLE LETTER TO THE EDITOR: IN SUPPORT OF A HUMANE COYOTE MANAGEMENT PLAN Coyote sightings have been making the news in the [city] area, but there is no reason to be fearful. Coyotes live in every major city in the U.S. (including Los Angeles, Chicago, New York City, and Washington, D.C.) and their surrounding suburbs, but they mostly stay hidden from their human neighbors. An occasional glimpse of a coyote traversing through a park or neighborhood (even during the daytime) is nothing to be concerned about. However, this isn't to say that we should merely enjoy the presence of a coyote who passes through our front yard; allowing a coyote to lose a healthy fear of humans can lead to conflicts. A coyote should be "hazed," or scared away from, any area where he or she is unwanted. Hazing is simply one tool of many outlined in a coyote management plan like the one developed by the Humane Society of the United States (available at humanesociety.org/coyote). The plan prioritizes public education: teaching residents steps to take to prevent and solve conflicts with coyotes, such as securing garbage, not leaving pets unattended, and picking up fallen fruit from the ground. Cities across the country have adopted similar plans with great success. Let's join them in efforts to better coexist with our wild neighbors. 17 Sample opinion piece (op-ed) Use this sample for inspiration, but do not copy and submit it verbatim: Newspapers prefer to print letters that are unique submissions to their publication. SAMPLE OP-ED While coyotes may be increasingly unwelcome in [city], shooting, trapping or even relocating them will not solve the city's coyote problems. Killing coyotes simply doesn't work. Coyote populations reduced by hunting or trapping will respond by having more pups and breeding at earlier ages, resulting in a quick bounce -back in numbers. Additionally, vacant habitats created by reduction programs are quickly filled by coyotes from neighboring areas. No matter how many coyotes are removed from [city], others will repopulate any vacant niches. Although it may seem like a humane alternative to killing, relocating coyotes is often also a death sentence. Relocated coyotes can be injured or killed in territorial disputes with established coyotes, and most will do anything to get back home, often getting killed by cars in the process. Coyotes aren't going anywhere, despite our best efforts. As such, we must learn to coexist, to do what we can to prevent and solve conflicts with them. Conflicts tend to arise when coyotes become habituated —when they've lost their fear of people. This occurs when they learn that neighborhoods provide easy sources of food, such as pet food left outside and unsecured garbage, and that people don't pose a threat to them. Every time we see a coyote and merely stand and look, take a picture, or worse yet, run away, we teach the coyote that humans are harmless. Coyotes relay this information to their family members and become bolder the next time they come into yards looking for food. The good news is we can train coyotes to fear us and stay out of our neighborhoods by "hazing" them. Hazing a coyote means scaring them away by yelling and waiving your arms, blowing a whistle or air horn, or dousing them with a water gun or squirt gun. Hazing quickly sends the message to coyotes that people should be feared, and they will learn to avoid people and neighborhoods (and will pass along this information to family members). In addition to hazing coyotes, there are other steps we can take to prevent conflicts, such as cleaning up pet food, fallen fruit, unsecured garbage and spilled bird seed from yards, because this tempting buffet attracts coyotes in the first place. It's also essential to keep pets on leashes, keep cats inside and accompany dogs outside in the yard. Unattended small pets look very similar to the small mammals coyotes naturally eat and may be viewed as potential prey. Large dogs who are off -leash may also be viewed as a threat to a coyote's mate or territory. Despite the panic coyotes have caused in [city], the thing to remember is that they shouldn't be feared. By making a few small changes to our behavior, we can shape theirs. Coexistence is possible! 18 Example ordinance Below is an example of an ordinance, in this case one adopted by the city of Sterling, Illinois. ORDINANCE NO ORDINANCE AMENDING CHAPTER 14 (ANIMALS) TO ADD A NEW SECTION 14-13 PROHIBITING THE FEEDING OF WILD ANIMALS WITHIN THE CITY LIMITS OF STERLING AND ADDING A NEW SECTION 14-14 PROVIDING FOR RULES APPLICABLE TO THE FEEDING OF CATS WHEREAS, the Illinois Municipal Code, 65 ILCS 5/11-20-5, authorizes any municipality to enable all acts or make all regulations which are necessary to protect the health, safety, and welfare of the community; and WHEREAS, the Illinois Municipal Code, 65 ILCS 5/11-60-2, authorizes any municipality to define, prevent, and abate nuisances; and WHEREAS, the Mayor and City Council of the City of Sterling (the "City") deem it advisable, necessary, and in the public interest that a prohibition on feeding wild animals, other than feral cats, within the municipal boundaries is required to prevent the attraction of wild animals unnaturally to the municipality, causing a public nuisance; and WHEREAS, the increased influx of wild animals into the municipality increases the potential for damage to public parks and private property as well as elevating the potential for the spread of diseases found through contact with the wild animals, wild animal's feces, and the unsanitary and unsafe conditions created by the presence of wild animals; and WHEREAS, the City has been receiving complaints concerning citizens feeding wild animals, other than feral cats, within the municipality's limits, leading to safety and health concerns; and WHEREAS, pursuant to the provisions in the Illinois Municipal Code, it is necessary that the City adopt an ordinance prohibiting the feeding of wild animals and establishing penalties for the violation thereof. NOW THEREFORE BE IT ORDAINED, by the Mayor and City Council of the City of Sterling, Whiteside County, Illinois as follows: SECTION 1: The recitals as set forth in the preambles of this Ordinance, are true and correct and are hereby incorporated herein as if fully set forth in this Section 1. SECTION 2: That Chapter 14 be amended to add a new Section 14-13 entitled Wild Animals which shall read as follows: 14-13 Wild Animals A. Definitions. Wild animal is defined as any feral dog, raccoon, skunk, opossum, coyote, deer, fox, squirrel, wild turkey, ducks, geese, and any other animal that is deemed a nondomesticated animal according to Section 14-3 of this Chapter. B. Nuisance Feeding Prohibited. The feeding of any wild animal by any means, including hand feeding or the placing or setting of food to be left attended or unattended outside of appropriate waste containers and in such a manner as to harbor or attract wild animals, which creates or has the potential to create a hazard to public health or safety is hereby declared to be a public nuisance and to be unlawful. C. Presumption. If any person places or sets out food that is, in fact, consumed by a wild animal, that person shall be presumed to have fed a wild animal. This provision shall not apply to persons setting out refuse or garbage for collection in conformance with the City Code, or to persons growing crops or gardens in conformance with the city ordinance, or to the baiting 19 of traps. D. Exceptions. Exceptions to this Section include: (1) Above ground bird feeders and squirrel feeders, no more than four (4) per lot, that are designed for the specific purpose of feeding birds and squirrels. Above ground feeders shall be a minimum of four (4') feet off the ground. Feeders must be designed to minimize any nuisances, including but not limited to excessive spillage of feed. All feeders shall be located at least five (5') feet within property lines. (2) The incidental, sporadic, or infrequent feeding of wild animals (e.g. attaching an ear of corn to a squirrel feeder) E. Penalty. In addition to all other remedies, any person who violates, disobeys, omits, neglects or refuses to comply with any provision of this section shall be subject to a penalty of $150.00 for each offense. SECTION 3: That Chapter 14 be amended to add a new Section 14-14 entitled Feeding of Cats which shall read as follows: 14-14. Feeding of Cats. A. Rules applicable to cats, excluding managed community cats covered in subsection B below, are as follows: (1) The feeding of cats outdoors shall take place primarily during daylight hours to minimize the risk of domestic -wildlife interactions that have increased potential of rabies exposure for cats. Any food provided after daylight hours shall only be provided for such time required for feeding, and no longer than 30 minutes, after which it shall be removed. (2) Feeding outdoors is only allowed when an appropriate amount of food for daily consumption of the cat being cared for is provided. Food must be appropriately placed in a sanitary container sufficient for the cat being fed. Automatic feeders that are properly maintained and secured may be used to dispense daily food rations and may be present during night hours. (3) Dumping excess quantities of food on the ground, placing excess quantities in bowls or other containers, and leaving open food packages is prohibited. (4) Feeding outdoors must take place on the property owned by the person placing the food or be done with the consent of the property owner. Feeding on public property, road right-of-ways, parks, common land of a multifamily housing unit or any property without consent of the owner is prohibited. B. Community Cat Management Initiatives: The City of Sterling recognizes the need for innovation in addressing the issues presented by feral, free -roaming and other community cats. To that end it recognizes that there are community care givers of cats, and acknowledges that properly managed community cats may be part of the solution to the continuing euthanasia of cats; and establishes the following requirements: (1) All managed community cat groups must be maintained on private property of the caregiver, or with permission on the private property of another landowner (including city, state, and federal public property). (2) All cats that are part of community cat management programs (TNR) must be sterilized, vaccinated against the threat of rabies, and ear -tipped for easy identification; if these requirements are met the community cat is exempt from licensing, stray, at -large and 20 possibly other provisions of this ordinance that apply to owned animals. (3) If a person is providing care for the community cats, he or she is required to provide certain necessities on a regular/ongoing basis, including, but not limited to, proper nutrition and medical care as needed. If medical care is unavailable or too expensive, the caregiver must not allow the cat to suffer. (i) Food must be provided in the proper quantity for the number of cats being managed and is to be supplied no less than once per day. Food must be maintained in proper feeding containers. (ii) Water, if supplied, must be clean, potable and free from debris and algae. (iii) If shelter is provided, it shall be unobtrusive, safe, and of the proper size for the cat(s). SECTION 4: In all other respects, Chapter 14 shall remain in full force and effect. SECTION 5: The additions to Chapter 14 shall be deemed to be separable and the invalidity of any portion of the Ordinance shall not effect the remainder. SECTION 6: All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. SECTION 7: The City Clerk is directed to publish this ordinance in pamphlet form. SECTION 8: This Ordinance shall be in full force and effect from and after its passage, publication, and approval as provided by law. Approved this day of , 2019. 21 THE HUMANE SOCIETY OF THE UNITED STATES Preventing Coyote Conflicts How to keep coyotes out of your yard and keep your pets safe Coyotes generally avoid humans, even when their home range encompasses largely urban or suburban habitat. However, the presence of a free buffet in the form of pet food, compost or trash can lure coyotes into yards and create the impression that these places are bountiful feeding areas. Without the lure of food or other attractants, their visits will be brief and rare. But a coyote who finds food in one yard may learn to search for food in others. What attracts coyotes to urban and residential areas? Food Deliberately feeding coyotes is a mistake. You may enjoy hand -feeding animals, but this is a surefire way to get them accustomed to people, and it will ultimately lead to their demise. Here are some general rules: • Avoid feeding pets outside. If you must, feed them only once per day and remove the food bowl as soon as your pet has finished her meal. • If you compost, use enclosed bins and never compost meat or fish scraps. • Clean up spilled bird seed around feeders. • Remove fallen fruit from the ground. • Keep trash in high -quality containers with tight -fitting lids and place the cans curbside the morning of collection (instead of the night before). PHOTOS, FROM LEFT TO RIGHT, BY: PAT JOYCE; DILULLO/ISTOCK.COM How to protect dogs Dogs (especially small dogs) are also vulnerable to coyote confrontations. These incidents generally involve coyotes who are either accustomed (habituated) to people (usually due to wildlife feeding), or coyotes who are protecting their territory, their mate (during breeding season, January - March), or their pups (during pup season, April-August). Dogs should not be left outside unattended and should always be kept on a leash in public areas. Never let your dog interact or play with a coyote. Keep pet food and water indoors to avoid attracting coyotes to your yard. Although attacks on larger dogs are rarer, coyotes sometimes go after a large dog when they feel that their territory is threatened. This generally occurs during coyote breeding season, which takes place from January through March. During this time, it is especially important not to leave dogs outside unattended and to keep them on leashes in public areas. Don't leave dogs of any size alone in a fenced yard unless the fence is "coyote -proof." Coyote -proof fences are either at least eight feet tall —and made of a material that coyotes cannot climb —or at least six feet tall with a protective device on top, such as a "coyote roller" (coyoteroller.com), that rolls off any coyotes who try to scramble over the fence. To prevent coyotes from digging under a fence, make sure the fence extends at least 12 inches underground or includes an L-shaped mesh apron that extends outward at least 18 inches and is secured with landscaping staples. PHOTO BY: CHARLES WOOD Shelter Coyotes are secretive animals, and studies have shown they can live for a long time in close proximity to dense human settlements without ever being noticed. These coyotes are abiding by the rules we set for minimal conflicts and should be left alone. In the spring, when coyotes give birth and begin to raise litters, they concentrate their activities around dens or burrows in which the young are sheltered. At these times, they may become defensive and territorial and challenge any other coyote or dog who comes close to the pups. People walking their dogs in parks and wooded areas may run into these situations and be followed or confronted by a parent coyote. Fights rarely occur, and when they do, they happen most often when dogs are off leash. It's important to recognize such incidents for what they are —a defense of space, not a random attack. If you encounter a coyote when walking your pet, do NOT run away. Instead, haze the coyote with the techniques described in our Coyote Hazing Guidelines fact sheet. Free -roaming pets Free -roaming pets, especially cats (and sometimes small dogs), may attract coyotes into neighborhoods. The best way to minimize risk to pets is never to leave them outside unattended. For cats, this means either keeping them indoors at all times or letting them outside only under your supervision wearing a harness and leash or in a secure enclosure (such as a catio). Always walk dogs on a leash (6 ft long or less), and attend to them when they're outside unless you have a coyote -proof fence (see above). Community cat colonies People who feed community cats are often concerned that coyotes might prey on the cats. These concerns are well-founded, as coyotes are attracted to both the outdoor pet food and the cats themselves as prey. Here are some general suggestions for keeping such cats safer: • Feed cats only once per day and at a set time. Pick up any leftovers immediately. • Elevate feeding stations beyond coyotes' ---but not the cats'---reach. •Give community cats escape routes (in the form of "cat posts") in places where trees and other climbing opportunities are scarce. These can be wooden posts (four inches by four inches or corner posts) that stand out of the ground at least 10 to 12 feet and can be climbed by cats but not by coyotes. ■ Discourage/harass coyotes seen on the property. Go after them aggressively, using the techniques described in our Coyote Hazing Guidelines. Making them feel uncomfortable encourages them to stay out of the area. PHOTO BY: JAMES EVANS For more information and tips, visit humanesociety.org/coyotes. THE HUMANE SOCIETY OF THE UNITED STATES THE HUMANE SOCIETY OF THE UNITED STATES Coyote hazing guidelines How to haze for effective reshaping of coyote behavior PHOTO BY: CHARLES WOOD Generally, coyotes are reclusive animals who avoid human contact. Coyotes who've adapted to urban and suburban environments, however, may realize there are few real threats and approach people or feel safe visiting yards even when people are present. These coyotes have become habituated (lost their fear of humans), likely due to the ready availability of food in our neighborhoods. Sometimes, this food is deliberately provided by people who like to watch wild animals or misguidedly feel they are helping them by offering food. These bold coyotes should not be tolerated or enticed. Instead, they should be given the message that they should not be so brazen. Hazing is a method that uses deterrents to move an animal out of an area or discourages an undesirable behavior or activity. Hazing can help maintain coyotes' fear of humans and deter them from neighborhood spaces such as backyards and playgrounds. "GO AWAY, COYOTE!" • The simplest method of hazing a coyote involves being loud and large. Watch this fun video for a demonstration: bit.ly/19hkRB2 • If a coyote has not been hazed before, he might not immediately run away when you yell at him. If this happens, you might need to walk toward the coyote and increase the intensity of your hazing. If the coyote does run away, he might stop after a distance and look back at you. It's important to continue to haze the coyote until he leaves the area completely. You might Remember: ■ NEVER run away from a coyote! • If the coyote doesn't leave at first, continue approaching him and/or increase the intensity of your hazing until he runs away. If he runs a short distance away and then stops and looks at you, continue hazing him until he leaves the area completely. ■ If a coyote returns after you've successfully hazed him or her, continue to haze the coyote as you did before. It typically takes only one or two times to haze a coyote away for good. • Contact authorities and do not interact with a coyote whom you suspect of being sick or injured. Although coyotes are skittish by nature and generally aren't aggressive toward people, engaging animals who are sick or injured can result in unpredictable behavior. PHOTO BY: SPONDYLOLITHESIS/ISTOCK.COM need to use multiple tactics, such as shaking noisemakers, stomping your feet and spraying him with a hose to get him to leave. Dog -walking tools There are several tools for repelling coyotes that you can carry with you while walking your dog. Of course, remember that you should always walk your dog on a leash (6 ft. in length or less). If you see a coyote, either pick up your dog (if possible) or place him or her behind you before hazing the coyote. Then: • Blow a whistle or air horn at the coyote. • Squirt a squirt gun at the coyote. • Yell and wave your arms. • Use a homemade noisemaker, such as pennies in a sippy cup or soda can (sealed with duct tape). • Pick up sticks or rocks and throw them toward the coyote. In your yard Keeping pets and pet food inside is the best way to keep coyotes out of your yard. If you do encounter coyotes, all of the above methods can be used in your yard. First, try the "Go Away, Coyote!" method (yell and wave your arms as you approach the coyote). You can also squirt the coyote with your garden hose or a squirt gun or bang pots and pans together. PHOTO BY: DAWN MACHECA PHOTO BY: CHARLES WOOD Tips for success ■ Hazing is most effective when an individual coyote is hazed by a variety of people using a variety of tools and techniques. • A coyote who is being hazed must be able to recognize that the potential threat is coming from a person. Therefore, hiding behind a bush and throwing rocks or hazing from inside your car isn't effective. • You can use hazing techniques and tools for one animal or multiple animals. There is usually a dominant animal in the group who will respond, and others will follow her lead. ■ Don't stop hazing after it's been successful. Coyotes or their pups could return to their unacceptable habits or behaviors if you stop. • Share this information by teaching your family, friends and neighbors how to haze coyotes too! The more people that get involved in hazing, the more quickly you will see results. For more information and tips, visit humanesociety.org/coyotes. THE HUMANE SOCIETY OF THE UNITED STATES THE HUMANE SOCIETY OF THE UNITED STATES Solutions for Coyote Conflicts Why killing doesn't solve conflicts with coyotes As coyotes have expanded their range across North America, encounters with people have increased. These encounters alarm people who fear for the safety of their pets and children. To allay this fear, communities might feel that they need to pay for wide -scale programs to remove coyotes from the population. However, these killing programs are inhumane —and they don't work. Better solutions exist. Why don't coyote killing programs work? They're ineffective. • It's extremely difficult to ensure that the problem -causing coyote(s) will be the one(s) located and killed. • New coyotes will quickly replace coyotes removed from an area. Coyote pairs hold territories, which leave single coyotes ("floaters") constantly looking for new places to call home'. • New coyotes can quickly become "nuisance" coyotes if attractants (e.g., pet food and garbage) aren't removed from a neighborhood. They won't reduce coyote populations. • Research suggests that when coyote populations are controlled aggressively, the remaining coyotes often experience a reproductive boom by breeding at earlier ages, having larger litters and experiencing a higher survival rate among the young". Therefore, coyote populations bounce back quickly, even when up to 70% of their numbers are removed". • It's nearly impossible to completely eradicate coyotes from an area. Despite bounties and large-scale efforts to kill coyotes over the last 100 years, coyotes have in fact expanded their range throughout the U.S. and Canada tremendously. One study even found that killing 75% of a coyote population every year for 50 years would still not exterminate the population". Why killing doesn't work Shoot or poison coyotes and you will have just as many again within a year or two. Kill one or both mem- bers of the alpha pair (A) —the only one that normally reproduces —and other pairs will form and reproduce. At the same time, lone coyotes will move in to mate, young coyotes will start having offspring sooner, and litter sizes will grow. KEY PACK FEMALE PACK MALE OUTSIDER MALE PUP YEARLING STABLE PACK Only the alpha pair reproduces, and Its litters are small. Pack members are less likely to eat sheep. KILLING Cuts numbers by half, but only temporarily. PACK DISRUPTED BY LETHAL CONTROL Surivors, joined by males from outside, start reproducing. Litter sizes increase. The need to feed many pups can lead adults to prey on sheep. THE HUMANE SOCIETY OF THE UNTIED STATES humanesociety.org/coyotes Removal is costly. • Coyotes are very intelligent animals, and they're difficult to catch. Even a very skilled trapper or sharpshooter —who works for a hefty price — needs many hours to catch a targeted coyote. Trapping is inhumane. • The most common devices used to capture coyotes are leghold traps and neck snares. Both can cause severe injuries, pain and suffering". • Pets become unintended victims of traps set for coyotes. An informal search of media reports suggests thousands of unintended incidents have occurred, causing heartbreak for affected families. • Non -target wildlife is also caught, and many sustain injuries so severe that they die or must be killed. PHOTO BY: RICHARD SEELEY What about relocation? Although it may seem like a more humane alternative, in most cases relocating a coyote is a death sentence for that animal"'. Coyotes are very territorial and occupy large home ranges, in some cases up to 40 square miles. After being relocated, they will do just about anything to get back home and will undoubtedly face many challenges along the way. Unfamiliar with their new terrain, they are often killed while crossing roads and highways. They may also be injured or killed during territorial disputes with coyotes who are already established in the area where they're released. In addition, state wildlife laws usually prohibit the relocation of coyotes, since they are a rabies -vector species (although rabies is rare in coyotes). The bottom line is that killing is not a solution for managing conflicts between people and coyotes. Instead, a two-part program that combines education and hazing is emerging as the most humane way to resolve conflicts with coyotes". Education involves teaching residents of your community how to remove food attractants that lure coyotes into communities and how to properly protect pets. Hazing changes the behavior of problem coyotes by teaching them to avoid people and pets. For more information and tips, visit humanesociety.org/coyotes. THE HUMANE SOCIETY OF THE UNITED STATES i Gehrt, S. D. 2004. Chicago coyotes part II. Wildl. Control. Technol. 11(4):20-21, 38-9, 42. ii Knowlton, F.F. 1972. Preliminary interpretations of coyote population mechanics with some management implications. J. Wildl. Manage. 36:369-382. iii Connolly, G.E. 1978. Predator control and coyote populations: a review of simulation models. Pages 327-345 in M. Bekoff, ed. Coyotes: biology, behavior, and management. Academic Press, New York, N.Y. iv Connolly, and W.M. Longhurst. 1975. The effects of control on coyote populations: a simulation model. Univ. California, Div. Agric. Sci., Bul1.1872. 37pp. v Fox, C.H. and C.M. Papouchis (eds.). 2004. Cull of the Wild: A Contemporary Analysis of Wildlife Trapping in the United States. Animal Protection Institute, Sacramento, California. vi Gehrt, S.D. 2004.Urban coyote ecology and management: The Cook County, Illinois, coyote project. Ohio State University Extension Bulletin, 929. vii White, L. and A. Delaup. 2012. A new technique in coyote conflict management: changing coyote behavior through hazing in Denver, Colorado. Proceedings of the 14th WDM Conference: 133-137. Our Promise We fight the big fights to end suffering for all animals. Together with millions of supporters, we take on puppy mills, factory farms, trophy hunts, animal testing and other cruel industries. With our affiliates, we rescue and care for thousands of animals every year through our animal rescue team's work and other hands-on animal care services. We fight all forms of animal cruelty to achieve the vision behind our name: a humane society. And we can't do it without you. THE HUMANE SOCIETY OF THE UNITED STATES 1255 23rd Street, NW, Suite 450 Washington, DC 20037 humanesociety.org ©2020 THE HSUS. ALL RIGHTS RESERVED. PHOTO CREDITS COVER PAGE: RICHARD SEELEY; PAGE 4: RICHARD SEELEY; PAGE 5: SILKE KLEWITZ-SEEMANN/ALAMY; PAGE 6: CHARLES WOOD; PAGE 7: CHARLES WOOD; PAGE 8: JGARERI/ISTOCK; PAGE 9: WILLIAM WEAVER/WILLIAM WEAVER PHOTO; PAGE 11: CHARLES WOOD; PAGE 14: CHARLES WOOD; PAGE 15: CHARLES WOOD; PAGE 16: JGARERI/ISTOCK; PAGE 18: JOHN HARRISON Attachment 3 MENU Florida Fish and Wildlife Conservation Commission Site Search Home > Conservation > How You Can Conserve > Living with Wildlife and Preventing Wildlife Conflicts > Coyotes > Coyotes in Florida: Frequently Asked Questions (FAQ) Coyotes in Florida: Frequently Asked Questions (FAQ) Expand All Collapse All What do coyotes look like? Coyotes are medium-sized mammals in the same family as dogs, wolves and foxes. Their fur is generally salt -and -pepper gray, with tan or brown patches. They have a thick, bushy tail, long, pointy nose and pointy ears. Adults in Florida weigh between 20 and 35 pounds on average, and males are generally larger and heavier than females. Where are coyotes found? Coyotes are found in several habitat types and are common in rural, suburban, and even some urban landscapes. According to a 2007 FWC report, the presence of coyotes has been documented in all 67 Florida counties. Have there been encounters between people and coyotes? Encounters between people and coyotes in Florida are occurring more often. As coyotes become used to people, they may lose some fear of people, so sightings of coyotes during the day may increase. Coyotes also become more difficult to scare away if they lose their fear of people. But, like other wild animals, that tendency will vary from one coyote to another. Coyote attacks on dogs and cats have been reported in Florida. In some cases, pet owners were present at the time of the attack. However, unprovoked coyote attacks on humans are very rare. There have been very few reported instances of humans being bitten by coyotes in Florida. It is important to note, however, that coyotes — like other animals — can be defensive and potentially aggressive if injured or ill and approached too closely. If you see a coyote that appears to be injured or sick, do not approach that animal and contact a licensed wildlife rehabilitator instead. If you see a coyote exhibiting unusual behavior, such as approaching people closely, allowing people to approach closely, or acting in an aggressive manner, you should contact the FWC. Find the regional FWC office near you. What should I do if I'm approached by a coyote? Coyotes are not large animals and rarely pose a threat to people, especially adults. Using common sense around coyotes and other carnivores is the best protection against having problems. If a coyote approaches you, immediately use a noisemaker or shout at the coyote and wave your arms. A solid walking stick or a golf club is a powerful deterrent at close range. Throwing stones, a strong spray from a water hose, pepper spray, or a paintball gun also can be good deterrents. A "coyote shaker" or an air horn can be effective noisemakers. You can make a coyote shaker by placing a few washers, pebbles or pennies in an empty drink container. What should I do if a coyote approaches my child? Adults should yell loudly and then move toward the coyote. In many cases, an adult who yells and approaches quickly can startle the coyote. That can give the adult a chance to lift the child as quickly as possible. That adult then should be prepared to back away from the coyote while being ready to defend himself, if necessary. How can I protect my pets from coyotes? Don't allow your dogs or cats to roam freely. Most coyote attacks on pets occur either at night or in the early evening and early morning hours (that is, dusk and dawn). During those times especially, be careful if you're going to walk your pet in wooded areas or areas where there are a lot of other plants growing, which could conceal coyotes. Also, keep your dog close and on a short leash that is less than six feet. Keep cats indoors. When cats roam freely their risk of injury from coyotes, domestic dogs, and other threats is greatly increased. Be cautious if you are going to pick up your pet when you see a coyote. Picking up a pet may stop a coyote attack, but it can also lead to a situation in which an aggressive coyote continues to go after that pet while in the arms of a person. A well -maintained fence may assist in keeping coyotes out of yards. If pets are kept in a fenced yard, be sure the fence is at least six feet high to deter coyotes from jumping over it. Also, check the bottom of the fence regularly to make sure there are no holes that would allow coyotes to get underneath. Consider adding an electrified fence if you think additional protection is needed. How can I report a coyote attack or encounter? You can report the incident to the Florida Fish and Wildlife Conservation Commission by calling the FWC regional office nearest to you or by calling 888-404-3922. What if a coyote has become a nuisance? The most effective ways to reduce problems with coyotes involve removing food or other attractants. Seeing a coyote in your area should not be a cause for concern because coyotes are common and will continue to exist near humans. However, if a coyote has lost its fear of humans or continues to be a problem, lethal control measures may be necessary. Such methods should be directed at specific coyotes or toward coyotes in a specific area. What methods can be used to remove coyotes from an area? Hunting and trapping are allowable methods year round for dealing with coyotes on private lands in Florida, or a professional trapper can be hired to remove coyotes. An FWC permit is required use steel traps. The FWC does not license nuisance wildlife trappers but does maintain a list of trappers that have registered their contact information. The USDA Wildlife Services also can provide assistance with wildlife trapping: call 866-487-3297. Do coyotes live in my area? Yes, if you live anywhere in Florida, you share the landscape with coyotes. Coyotes are found across the state and have been documented in all 67 counties. They are common in rural, suburban and even urban landscapes. How can I keep my family safe from coyotes? While coyote attacks on people are extremely rare, it is important to avoid conflicts by securing attractants such as garbage and outdoor pet food. Pets and livestock can be at risk from coyote predation. Coyotes naturally prey on smaller animals, so they can and do prey on cats and small dogs. To prevent interactions between coyotes and pets: • Keep cats indoors, and walk small dogs on a short leash, especially at night, dusk, or dawn. Pets should not roam freely. Any time a pet is not on a leash it may be at risk of injury or predation by wildlife. • Use caution when walking pets in wooded areas or near heavy foliage, as these are areas where coyotes could den or rest. • If pets are kept in a fenced area outside, keep in mind that coyotes can climb fencing. Before letting pets outside at night, make noise and flashlights to startle wildlife that could be in the yard. Additionally, the bottom of the fence should be checked regularly to ensure that coyotes cannot crawl underneath. Can I shoot a coyote? Coyotes may be taken as a furbearer year-round on private property with landowner permission by rifle, shotgun, pistol, muzzleloader, air gun, cross bow, or bow. However, it is important to check with the local police department or sheriff's office about the legality of discharging a firearm in certain areas. It is also important to note that coyotes are established throughout Florida and new coyotes can move into areas where others have been removed. I am seeing coyotes in my residential neighborhood. Can they be relocated back to the wild? Coyotes are established throughout Florida and have learned to live in densely populated areas. Relocating coyotes has been proven to be a poor method for reducing their numbers in an area, as coyotes from surrounding areas can move directly into these same spaces. This species will continue to be present in urban locations as well as rural land despite human interference. Securing attractants like pet food, pets, livestock, and garbage is the best way to minimize negative interactions with coyotes. Learn more about securing attractants and how to keep pets safe here. Why won't FWC remove coyotes? Coyotes are established throughout Florida. Coyotes and other predators self -regulate their populations by the amount of available space for territories and food availability. Indiscriminate trapping and removal disrupt this balance; coyote populations quickly rebound in response to trapping and removal through increased litter sizes or expansion of surrounding coyote territories into areas not previously inhabited. Eradication strategies in other areas of the country have historically been ineffective at controlling coyote populations in the long term. There are children and elderly people that walk dogs in my neighborhood. Will coyotes attack them? Coyote attacks upon people are statistically rare and the mere presence of coyotes is not an imminent risk to public safety. Coyotes in populated areas may display behaviors that range from curiosity to indifference in the presence of people. This does not necessarily mean that these animals have lost their fear of humans and may just reflect that they have adapted to living around people. However, coyotes can and do follow people or dogs. This can be for one of a variety of reasons. Most commonly, a person or a dog is unknowingly approaching a den. Coyote parents are protective of their young and may follow people or dogs to ensure their den is not threatened. Less commonly, coyotes may follow people because they have been fed and are expecting a handout, or they may be attempting to prey upon a small dog. In all these situations, the FWC recommends hazing coyotes and keeping small dogs on short, non - retractable leashes. Avoid the area where the coyotes may be denning. Never run from a coyote. Never feed coyotes — It is illegal. If a coyote is approaching people closely, allowing people to approach closely, or acting in an aggressive manner, you should contact the FWC. Find the regional FWC office near you: Regional Office Contacts FWC (myfwc.com). There is a sick, injured or mangy coyote in my community. Can FWC help? The FWC is not able to rehabilitate sick or injured coyotes. For assistance with this, contact a licensed wildlife rehabilitator. Select Language Follow Us: See a full list of our Social Media accounts Subscribe: The Commission About The Commission Commission Meetings Wildlife Alert Calendar of Events Customer Service Outlook E-mail Links Technical Help Limited English Proficiency Plan Office of Supplier Diversity Americans with Disabilities EEO/AA Privacy Statement Sitemap Florida Fish and Wildlife Conservation Commission • Farris Bryant Building 620 S. Meridian St. • Tallahassee, FL • (850) 488-4676 Copyright 1999 - 2023 State of Florida Pursuant to section 120.74, Florida Statutes, the Fish and Wildlife Conservation Commission has published its 2022 Agency Regulatory Plan. Attachment 4 IMPORTANT SAFETY TIPS O Feeding Coyotes is illegal. They can lose their fear of humans. O Secure garbage cans. Clean up pet food and fallen fruit. O Secure livestock in predator resistant enclosures. O Keep pets in enclosed areas and walk small dogs on a short leash. O If coyotes approach you or your child yell loudly and move towards the coyote. REMOVAL OF SPECIES Coyotes are established throughout Flori- da. Coyotes and other predators self - regulate their populations by the amount of available space for territories and food availability. Indiscriminate trapping and removal disrupt this balance; coyote popu- lations quickly rebound in response to trapping and removal through increased litter sizes or expansion of surrounding coyote territories into areas not previously inhabited. Eradication strategies in other areas of the country have historically been ineffective at controlling coyote popula- tions in the long term. City of Cape Canaveral 100 Polk Avenue P.O. Box 326 Cape Canaveral, Florida 32920 Phone: 321-868-1220 E-mail: info@cityofcapecanaveral.com SUN SPACE AND SEA CITY OF CAPE CANAVERAL The space Between ® Coyote Safety Beachside How to protect your property and pets and allow the coyote to live in harmony. Coyotes in Florida Coyotes live in urban, suburban and rural areas throughout Florida. Follow these tips to avoid conflicts. FEEDING COYOTES is ILLEGAL. THEY WILL LOSE THEIR FEAR of HUMANS. SECURE GARBAGE CANS. PET FOOD and FALLEN FRUIT. SECURE LIVESTOCK in PREDATOR- RESISTANT Enclosures. KEEP PETS IN ENCLOSED AREAS. WALK DOGS ON A SHORT LEASH. Coyotes are an important of the landscape in Florida. They help maintain healthy ecosystems by managing populations of rodents, insects and other small animals. By preventing conflicts, we can better coexist with coyotes and other wildlife. Average Florida COYOTE WEIGHS 28 lbs. COYOTE LOCATIONS Coyotes have been in Florida for many years and according to Flor- ida Fish and Wildlife Commission (FWC), they reside in all 67 coun- ties. All coyotes have a natural fear of humans, which tends to keep them from getting to close. However, these typically shy and elusive creatures encountering humans more often. WHAT SHOULD YOU DO IF COME INTO CONTACT? If a coyote approaches too close- ly, frighten it by making loud noises and acting aggressively. This will typically cause a coyote to leave an area, but you may need to increase and continue hazing efforts until the coyote is leaves the area for good. PREVENT PROBLEMS Never feed coyotes either intentionally or unintentionally. This includes placing food outside to attract wildlife. Clean up pet food, fallen fruit and seed around bird feeders — coyotes are opportunistic feeders and will be drawn to and eat all of these potential food sources. Secure garbage cans and secure compost. Close off crawl spaces under porches and sheds to prevent coyotes and other animals from resting or raising their young in areas around your home. Educate your neighbors and ask them to follow these same steps. Coyotes that associate places where people live as an easy place to find food may gradually lose their natural fear of humans. Be aware of unusual coyote behavior. Unusual behavior could include a coyote that has lost its fear of humans and is approaching people, chasing joggers and bikers, or attacking leashed pets. Report any unusual coyote behavior to your nearest FWC Regional Office. Contact FWC for more information at https.//myfwc.com or contact the local office for Brevard County via phone at 386-758-0525 PROTECT YOUR PETS Coyotes can and do prey on domestic cats and small dogs. Most of these attacks occur at night or during dusk and dawn. To protect your pets, do not allow them to roam freely. Keep cats indoors as free -roaming cats are high risk of being preyed on by coyotes and other predatory animals. Walk small dogs on a short leash that is less than six fee, especially at night, dusk or dawn. Be extra careful if you are going to walk your pet in wooded areas or areas that have heavy foliage, where coyotes may rest. Coyotes are an important part of the ecosystem of Florida Beachside Coyotes Coyotes are found throughout Florida and have been documented in all 67 counties. This medium- sized canid is extremely adaptable and can be found in rural, suburban and even urban landscapes. They are typically shy and elusive but encounters between people and coyotes in Florida are occurring more often. Coyotes help maintain balanced ecosystems by controlling the populations of rodents and small predators, such as foxes, opossums and raccoons, They are native to North America, have been in Florida for many years, and will continue to make their homes around the state. How to Stay Safe Coyotes are not large animals and rarely pose a threat to people, especially adults. They can be curious but are also timid and generally run away if challenged. If a coyote approaches too closely, there are methods you can use to deter it and frighten it away. Hazing the animal by making loud noises and acting aggressively will typically cause a coyote to leave an area. There are several methods of hazing that are effective with coyotes, such as waving your arms and yelling; use noisemakers; throw stones or sticks if necessary. How to Keep Pets Safe While coyote attacks on people are rare, pets are not so lucky. Those that are small or elderly are especially at risk. Owners will greatly improve the safety of their pets by taking the actions listed below: * Never leave pets outside and unattended, even during daylight hours. * Avoid feeding pets outside if at all possible, or feed them during the day and remove all bowls when finished. * Remove all food attractants from your yard including fallen fruit. * Clean areas around bird feeders and store feed indoors. www.MyFWC.com COCOA BEACH POLICE DEPARTMENT 85 S. Orlando Ave Cocoa Beach, FL 32931 321-868-3251 www. cityofcocoabeach.com Report a dangerous coyote encounter to local law enforcement EMERGENCY Dial 9-1-1 Coyote Safety in Our Community Coyotes in Florida Coyotes live in urban, suburban and rural areas throughtout Florida. Follow these tips to avoid conflicts. FEEDING COYOTES is ILLEGAL. THEY WILL LOSE THEIR FEAR of HUMANS. SECURE GARBAGE CANS. CLEAN UP PET FOOD and FALLEN FRUIT. SECURE LIVESTOCK in PREDATION- RESISTANT Enclosures. KEEP PETS IN ENCLOSED AREAS. WALK DOGS ON A SHORT LEASH. Coyotes are an important part of the landscape in Florida. They help maintain healthy ecosystems by managing populations of rodents, insects and other small animals. By preventing conflicts, we can better coexist with coyotes and other wildlife. Average Florida COYOTE WEIGHS 28 lbs. Coyotes are extremely dangerous: FALSE! Coyote's innate fear of humans tends to keep them from getting too close. Coyotes are a new problem: FALSE Coyotes have been in Florida for many years and will continue to make their homes around the state. Coyotes can be totally eliminated: FALSE! Removing coyotes from one location is an ineffective method to control populations. They compensate by increasing litter sizes and new coyotes will move into areas where others have been removed. *Do NOT feed coyotes or any wildlife *Do NOT leave pet food outside *Do NOT run from a coyote, as this may cause the animal to chase. CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • JULY 18, 2023 AGENDA ITEM SUMMARY • ITEM # 15 Subject: Life Safety Discussion on S.R. A1A and the Beach/Ocean Department: City Council Summary: City Staff and Council discussion about the latest issues and life safety on S.R. A1A and our beaches. Submitting Council Member: Mayor Wes Morrison Attachment(s): None CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • JULY 18, 2023 AGENDA ITEM SUMMARY • ITEM # 16 Subject: Sign Code Department: City Council Summary: City Staff and Council discussion about making improvements and revising the City of Cape Canaveral sign code. Submitting Council Member: Mayor Wes Morrison Attachment(s): None CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • JULY 18, 2023 AGENDA ITEM SUMMARY • ITEM # 17 Subject: Discussion on Community Development -Building Dept.-Code Enforcement Department: City Council Summary: City Staff and Council discussion about the City of Cape Canaveral Community Development - Building Department -Code Enforcement Submitting Council Member: Mayor Wes Morrison Attachment(s): None ITEM # 18 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 (Handwritten -Intitial) FROM: John DeLeo, Administrative/Financial Services Director (Handwritten-Initital) DATE: June 23, 2023 RE: Monthly Financial Report— May 2023 Staff is pleased to present the Monthly Financial Report for the period ending May 31, 2023. At this point in the Fiscal Year, the Year -to -Date Actuals should be 66.7% of the total annual budget. Total General Fund Departmental costs are 11.1% below target. Administrative Services is running below target by 3%. Community Development/Code Enforcement/Economic Development is under target at 61.4%. Building Department is below target at 58.1%. Protective Services are over target by 9.1%. Fire Rescue is over target by 9%. Parks Recreation/Community Affairs is 16.4% below target. Non -Departmental expenditures are below budgetary projections by 37.1%. The Community Redevelopment Agency (CRA) has incurred $1,532,501 of expenses for the current Fiscal Year. Wastewater Fund overall costs are under target at 34.1%. The Stormwater Fund is under target cost at 13.6%. The City's General Fund investments total $8,992,319.25; Special Revenue investments total $403,509.96; and Enterprise Fund investments total $830,719.11. The Grand total of all investments is $10,226,548.32. The Annual Rate of Return for each Investment is attached. If you have questions or wish anything additional, please contact me. Florida State Treasury - Special Purpose Investment Account (SPIA) & FL SAFE As of May 31, 2023 Funds were invested with the State of Florida Division of Treasury, with a rate of return 2.95% Interest earned for the month: $ 37,735.51 General Fund Restricted (by outside party) Total Restricted $ Committed (Constrained by Council) Expansion Recreation Expansion Police A1A Replenishment Capital Equipment Renewal & Replacement Total Committed Assigned - General Fund Emergency Reserve Unassigned Total General Fund SPIA Investments: Florida Safe General Fund Emergency Reserve - 0.06% (average monthly) Florida Safe Note 2021 - 0.06% (average monthly) Florida Safe ARPA Reserve - 0.06% (average monthly) Total General Fund Florida Safe Investments: 44,966.44 34,044.13 24,000.00 222,317.22 $ 325,327.79 $ 1,495,348.97 $ 458,950.11 1,298,478.95 204,297.91 5,209,915.52 2,748,686.69 $ 2,279,626.87 $ 6,712,692.38 $ 6,712,692.38 Total General Fund Investments: $ 8,992,319.25 Special Revenue Funds Restricted (by outside party) Police Education Fund 12,708.58 Aerial Fund 32,644.43 School Crossing Guard Fund - Library Fund 171,089.04 Library Fund Restricted 185,249.35 Law Enforcement Trust Fund 1,818.56 Capital Expansion Funds: Fire Rescue Capital Expansion - General Government Capital Expansion Total Restricted $ 403,509.96 Total Special Revenue Fund SPIA Investments: $ 403,509.96 Enterprise Funds Wastewater Fund: Wastewater General - Unrestricted Wastewater Fund Renewal & Replacement Stormwater Fund: Stormwater Fund - Unrestricted Stormwater Fund Renewal & Replacement 452,817.25 $ 452,817.25 377,901.86 $ 377,901.86 Total Enterprise Fund SPIA Investments: $ 830,719.11 TOTAL SPIA & FLSAFE INVESTMENTS $ 10,226,548.32 City of Cape Canaveral Fund Narrative Period Ended May 31, 2023 Revenue Ad Valorem Tax To date, the City has received 99.1% 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 -March and an accrual for April and May. This revenue source is right on target at 68.3%. Franchise Fees, Utility Service Taxes and Communications Service Tax This amount represents some actuals for October -May and some accruals for April and May. These are right on target at 66.4%. Permits and Licenses Permits and Licenses are below target at 53.1%. 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 65.6%. This amount represents some actuals for October -May, as well as some accruals for April and May. 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 -April and an accrual for May. These are above target at 79.5%. Recreation Fees (Leisure Services) Recreation Fees are below target at 54.1%. Investment Income Investment Income is above target at 754.5%. 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 -April and an accrual for May. It is slightly below target at 66.0%. Stormwater Utility Fees (Stormwater Fund) This amount represents actual collections for October -April and an accrual for May. It is on target at 67.1%. City of Cape Canaveral Statement of Revenues & Expenditures Period Ended May 31, 2023 GENERAL FUND REVENUE Cash Forward Cash Forward R&R Ad Valorem Taxes Local Option Gas Tax Franchise Fees Utility Taxes Communications Service Tax Permits & Licenses State Grants ARPA Revenue State Shared Revenue Local Shared Revenue Charges for Services Garbage & Recycling Revenue Recreation Fees Fines & Forfeitures Interest Income Fire Hydrant Rental Fee Miscellaneous Revenue PAL Program Revenue Transfer from School Guard Crossing Fund Transfer from CRA Fund Contribution from Wastewater Fund Contribution from Stormwater Fund Loan Proceeds TOTAL REVENUES EXPENDITURE Legislative Administrative Services Comm Dev/Code Enf/Econ Development Protective Services Fire / Rescue Services Building Infrastructure Maintenance Parks Recreation + Community Affairs Legal Services Solid Waste Debt Service Non -Departmental Contingency TOTAL EXPENDITURES FY 2022-2023 MAY 23 YTD % OF TARGET BUDGET ACTUAL BUDGET ACTUAL 2,222,000 898,500 5,512,589 361,000 949,066 1,302,226 422,000 693,450 75,000 3,937,000 1,098,700 127,601 30,818 1,270,215 300,300 12,600 32,700 85,637 40,750 12,000 2,050 814,947 720,656 19,566 250,000 5,461,012 246,444 618,608 939,311 260,800 368,125 721,283 127,601 25,398 1,010,239 162,603 10,014 246,710 49,472 56,141 57,870 1,088,811 480,437 13,044 0.0% 0.0% 99.1% 68.3% 65.2% 72.1 61.8% 53.1% 0.0% 0.0% 65.6% 100.0% 82.4% 79.5% 54.1% 79.5% 754.5% 57.8% 137.8% 482.2% 0.0% 133.6% 66.7% 66.7% 0.0% 1,481,333 599,000 3,675,059 240,667 632,711 868,151 281,333 462,300 50,000 2,624,667 732,467 85,067 20,545 846,810 200,200 8,400 21,800 57,091 27,167 8,000 1,367 543,298 480,437 13,044 166,667 $ 21,191,371 $ 11,943,921 56.4% $ 14,127,581 98,573 540,548 868,177 3,501,187 3,008,064 449,605 1,682,911 1,693,649 344,293 1,271,215 1,420,737 6,080,875 231,537 57,993 344,118 532,851 2,653,973 2,277,853 261,029 652,337 851,544 134,941 842,220 1,379,952 1,801,964 58.8% 63.7% 61.4% 75.8% 75.7% 58.1% 38.8% 50.3% 39.2% 66.3% 97.1% 29.6% 0.0% 65,715 360,365 578,785 2,334,125 2,005,376 299,737 1,121,941 1,129,099 229,529 847,477 947,158 4,053,917 154,358 $ 21,191,371 $ 11,790,774 55.6% $ 14,127,581 Excess of Revenues Over / (Under) Expenditures $ 153,148 Page 1 of 7 City of Cape Canaveral Statement of Revenues & Expenditures Period Ended May 31, 2023 POLICE EDUCATION FUND FY 2022-2023 MAY 23 YTD % OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Police Education Income 1,020 846 82.9% 680 Interest Income 75 154 205.3% 50 TOTAL REVENUES $ 1,095 $ 1,000 91.3% $ 730 EXPENDITURE Education & Training Contingency 1,095 0.0% 730 TOTAL EXPENDITURES $ 1,095 $ 0.0% $ 730 Excess of Revenues Over / (Under) Expenditures $ 1,000 FIRE PROTECTION FUND FY 2022-2023 MAY 23 YTD % OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward R&R Interest Income 264 395 149.8% 176 TOTAL REVENUES $ 264 $ 395 149.8% $ 176 EXPENDITURE Contingency 264 0.0% 176 TOTAL EXPENDITURES $ 264 $ 0.0% $ 176 Excess of Revenues Over / (Under) Expenditures $ 395 Page 2 of 7 City of Cape Canaveral Statement of Revenues & Expenditures Period Ended May 31, 2023 SCHOOL CROSSING GUARD FUND FY 2022-2023 MAY 23 YTD % OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 1,200 0.0% 800 Parking Fine Surcharge 900 710 78.9% 600 TOTAL REVENUES $ 2,100 $ 710 33.8% $ 1,400 EXPENDITURE Transfer to General Fund 2,100 0.0% 1,400 Contingency 0.0% TOTAL EXPENDITURES $ 2,100 $ 0.0% $ 1,400 Excess of Revenues Over / (Under) Expenditures $ 710 LIBRARY FUND FY 2022-2023 MAY 23 YTD % OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Ad Valorem Taxes 70,193 69,591 99.1% 46,795 Ad Valorem Tax Delinquent 50 0.0% 33 Tax Penalty Income 60 23 38.1% 40 Interest Income 7,380 4,317 58.5% 4,920 Interest - Tax Collections 42 138 328.3% 28 TOTAL REVENUES 77,725 $ 74,068 95.3% $ 51,817 EXPENDITURE Operating Expenses 34,275 Capital Purchases 30,000 Contingency 13,450 24,782 21,882 72.3% 72.9% 0.0% 22,850 20,000 8,967 TOTAL EXPENDITURES 77,725 46,663 60.0% $ 51,817 Excess of Revenues Over / (Under) Expenditures $ 27,405 Page 3 of 7 City of Cape Canaveral Statement of Revenues & Expenditures Period Ended May 31, 2023 CAPE CANAVERAL COMMUNITY REDEVELOPMENT AGENCY FY 2022-2023 MAY 23 YTD % OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward Shared Revenue from Cape Canaveral 1,099,809 1,058,562 96.2% 733,206 Shared Revenue from Brevard County 1,099,809 1,058,562 96.2% 733,206 Interest Income 288 2,347 814.8% 192 Transfer from General Fund 250,000 121,000 48.4% 166,667 TOTAL REVENUES 2,449,906 2,240,471 91.5% $ 1,633,271 EXPENDITURE Operating Expenses Capital Purchases Debt Service Due to General Fund Contingency TOTAL EXPENDITURES 5,999 1,232,312 867,270 344,325 1,749 389,617 832,455 308,680 29.1% 31.6% 96.0% 0.0% 0.0% 3,999 821,541 578,180 229,550 2,449,906 1,532,501 62.6% $ 1,633,271 Excess of Revenues Over / (Under) Expenditures $ 707,970 Page 4 of 7 City of Cape Canaveral Statement of Revenues & Expenditures Period Ended May 31, 2023 IMPACT FEES FUND REVENUE Impact Fees - Police Impact Fees - Fire/Rescue Impact Fees - Transportation Impact Fees - Parks/Recreation Impact Fees - General Government Impact Fees - Aerial Fire Truck Impact Fees - Library TOTAL REVENUES EXPENDITURE Contingency TOTAL EXPENDITURES Excess of Revenues Over / (Under) Expenditures FY 2022-2023 MAY 23 YTD % OF TARGET BUDGET ACTUAL BUDGET ACTUAL 19,250 128 0.7% 3,376 74 2.2% 0.0% 22,700 152 0.7% 15,850 106 0.7% 9,520 - 0.0% 12,000 80 0.7% 12,833 2,251 15,133 10,567 6,347 8,000 82,696 540 0.7% $ 55,131 82,696 0.0% 55,131 82,696 0.0% $ 55,131 $ 540 LAW ENFORCEMENT TRUST FUND FY 2022-2023 MAY 23 YTD % OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 5,229 6,902 132.0% 3,486 Contraband Income 1,650 0.0% 1,100 Interest - State 45 22 48.8% 30 TOTAL REVENUES 6,924 6,924 100.0% $ 4,616 EXPENDITURE School Resource Officer TOTAL EXPENDITURES 6,924 6,924 100.0% 4,616 6,924 6,924 100.0% $ 4,616 Excess of Revenues Over / (Under) Expenditures $ (0) Page 5 of 7 City of Cape Canaveral Statement of Revenues & Expenditures Period Ended May 31, 2023 WASTEWATER ENTERPRISE FUND REVENUE Cash Forward Utility Operating Income Utility Penalty Income Sewer Assessment Fees Reuse Hook -Up Fees Reclaimed Water Revenue Investment Income Sale of Fixed Assets Transfer from General Fund Transfer from CRA Fund SRF Loan Proceeds Miscellaneous Income TOTAL REVENUES EXPENDITURE Personal Services Operating Expenses Debt Service Capital Purchases Contribution to General Fund Contingency TOTAL EXPENSES Excess of Revenues Over / (Under) Expenses FY 2022-2023 MAY 23 YTD % OF TARGET BUDGET ACTUAL BUDGET ACTUAL 644,500 4,667,300 70,000 84,000 2,925 91,650 2,520 2,000 2,500,000 52,324 1,320,000 2,000 3,081,918 35,998 1,349 61,836 6,332 27,795 52,324 667,097 6,673 0.0% 66.0% 51.4% 1.6% 0.0% 67.5% 251.3% 0.0% 1.1% 100.0% 50.5% 333.7% 429,667 3,111,533 46,667 56,000 1,950 61,100 1,680 1,333 1,666,667 34,883 880,000 1,333 9,439,219 3,941,322 41.8% $ 6,292,813 1,913,966 1,597,455 666,911 4,499,930 720,656 40,301 1,166,693 717,170 312,500 541,578 480,437 61.0% 44.9% 46.9% 12.0% 66.7% 0.0% 1,275,977 1,064,970 444,607 2,999,953 480,437 26,867 9,439,219 3,218,378 34.1% $ 6,292,813 $ 722,944 STORMWATER ENTERPRISE FUND FY 2022-2023 MAY 23 YTD % OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 626,500 0.0% 417,667 Stormwater Utility Fees 1,087,800 729,550 67.1% 725,200 Investment Income 1,380 3,894 282.2% 920 Transfer from General Fund 1,175,000 89,957 7.7% 783,333 TOTAL REVENUES $ 2,890,680 $ 823,401 28.5% $ 1,927,120 EXPENDITURE Personal Services Operating Expenses Capital Purchases Contribution to General Fund Contingency TOTAL EXPENSES 366,873 271,230 1,501,500 19,566 731,511 237,460 106,707 35,054 13,044 64.7% 39.3% 2.3% 66.7% 0.0% 244,582 180,820 1,001,000 13,044 487,674 2,890,680 392,265 13.6% $ 1,927,120 Excess of Revenues Over / (Under) Expenses $ 431,136 Page 6 of 7 City of Cape Canaveral Statement of Revenues & Expenditures Period Ended May 31, 2023 Page 7 of 7