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 WA0012
1. LIMITED WARRANTY
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.
2. DISCLAIMERS OF WARRANTIES
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.
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.
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.
Conditions and
Exclusions:
See Also
Paragraphs
2 thru 4
Limited Warranty
Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer:
(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
(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; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to:
Fire and Rescue Apparatus
Coverage:
Ten (10) Year Structural Integrity
Custom Cab
Ten (10) Years
- or -
100,000 Miles
Warranty Period
Ends After:
The date of the original purchase invoice (issued when the product ships from the factory). Warranty Begins:
The Pierce Custom Cab shall be free from structural failures caused by defects in material and workmanship
(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. (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;
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.
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.
3. BUYER'S EXCLUSIVE REMEDY.
Item #5.7.
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.
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.
3. BUYER'S EXCLUSIVE REMEDY.
Fire and Rescue Apparatus
Coverage:
Ten (10) Year Pro-Rated Paint and Corrosion
Cab
Ten (10) Years Warranty Period
Ends After:
The date of the original purchase invoice (issued when the product ships from the factory). Warranty Begins:
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.
(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. (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; Limited Warranty
Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer:
(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
(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; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to:
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 WA0055
1. LIMITED WARRANTY
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.
2. DISCLAIMERS OF WARRANTIES
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.
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.
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.
Conditions and
Exclusions:
See Also
Paragraphs
2 thru 4
Item #5.7.
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. 1/11/2011 WA0188
1. LIMITED WARRANTY
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.
2. DISCLAIMERS OF WARRANTIES
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.
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.
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.
Conditions and
Exclusions:
See Also
Paragraphs
2 thru 4
Limited Warranty
Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer:
(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
(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; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to:
Fire and Rescue Apparatus
Coverage:
54 Months Material and Workmanship
Camera System
Fifty - Four (54) months Warranty Period
Ends After:
Warranty Begins: The date of delivery.
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.
(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. (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;
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.
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.
3. BUYER'S EXCLUSIVE REMEDY.
Item #5.7.
Fire and Rescue Apparatus
Coverage:
Ten (10) Year Material and Workmanship
Pierce 12V LED Strip Light
Limited Warranty
Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to:
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.
1. LIMITED WARRANTY
(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; Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer:
(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
(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; The date of the original purchase invoice (issued when the product ships from the factory). Warranty Begins:
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.
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.
Conditions and
Exclusions:
See Also
Paragraphs
2 thru 4
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.
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.
3. BUYER'S EXCLUSIVE REMEDY.
(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.
Ten (10) Year Warranty Period
Ends After:
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. 7/5/2011 WA0203
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.
2. DISCLAIMERS OF WARRANTIES
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.
Item #5.7.
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
WARRANTY LIMITATIONS
(Whichever occurs first)
ADJUSTMENT CHARGE TO BE
APPLICABLE PAID BY THE CUSTOMER
MODELS
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 Series, 2000 Series,
2400 Series 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
Item #5.7.
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)
Item #5.7.
Warranty Begins:
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.
(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; (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.
Five (5) Years on Oil Cooler and three (3) years on collateral damage coverage
Warranty Period
Ends After:
Fire and Rescue Apparatus
Coverage:
Five (5) Year Material and Workmanship - Transmission Oil Cooler Three (3) Year Collateral Damage Coverage
1. LIMITED WARRANTY
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 Limited Warranty
Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer:
(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
(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; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to:
The date of delivery to the first retail purchaser.
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.
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.
Conditions and
Exclusions:
See Also
Paragraphs
2 thru 4
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.
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.
3. BUYER'S EXCLUSIVE REMEDY.
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. 2/22/2012 WA0216
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.
2. DISCLAIMERS OF WARRANTIES
capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty.
Item #5.7.
United Plastic Fabricating, Inc. (hereinafter called “UPF”) warrants each POLY-TANK®, Booster/Foam Tank POLYSIDE® Wetside Tank, Integrator Tank/Body, ELLIPSE™ Elliptical Tank, Ellip-T-Tank Tank and DEFENDER™ 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 response 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 description 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 improperly installed, operated, misused, abused, or modified from its intended or designed use. Serial number must not have been altered, defaced or removed. 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 Department 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 designee. UPF will make every reasonable effort to support our products though alternative means.
For Ellipse™ 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 Integrator™ Tank/Body units, all polypropylene components related to the tank shall carry the standard UPF lifetime
WARRANTY
FOR: POLY-TANK®, POLYSIDE®, INTEGRATOR™, ELLIPSE™, ELLIP-T-TANK™ & DEFENDER™ UNITED PLASTIC FABRICATING, INC.
LIFETIME SERVICE WARRANTY
Continued on back
E f f e c t i v e 1 A u g u s t , 2 0 0 9 Item #5.7.
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 Integrator™ 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 Protector™ 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 written 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 preauthorized and approved in writing by UPF prior to commencing the work. Any unauthorized third party repairs, alterations, actions or modifications 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 damage, 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 person 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 EXTEND BEYOND THE DESCRIPTION OF THE FACE HEREOF. THERE IS
NO EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR A
WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, THIS WARRANTY IS IN LIEU OF ALL OTHER OBLIGATION OR LIABILITIES ON THE PART OF UPF.
WARRANTY
FOR: POLY-TANK®, POLYSIDE®, INTEGRATOR™, ELLIPSE™, ELLIP-T-TANK™ & DEFENDER™ UNITED PLASTIC FABRICATING, INC.
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 Item #5.7.
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 WA0009
1. LIMITED WARRANTY
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.
2. DISCLAIMERS OF WARRANTIES
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.
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.
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.
Conditions and
Exclusions:
See Also
Paragraphs
2 thru 4
Limited Warranty
Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer:
(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
(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; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to:
Fire and Rescue Apparatus
Coverage:
Ten (10) Year Structural Integrity
Apparatus Body
Ten (10) Years
- or -
100,000 Miles
Warranty Period
Ends After:
The date of the original purchase invoice (issued when the product ships from the factory). Warranty Begins:
The apparatus body shall be free from structural failures caused by defects in material and workmanship
(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. (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;
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.
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.
3. BUYER'S EXCLUSIVE REMEDY.
Item #5.7.
Waterous Company
125 Hardman Avenue South
South St. Paul, MN 55075 USA
www.waterousco.com
F-2891 (04/15/20)
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.
Item #5.7.
Warranty Begins:
Stainless steel piping shall be free from structural failures caused by defects in material and workmanship, or
perforation caused by corrosion.
(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; (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.
Ten (10) Years
- or -
100,000 Miles
Warranty Period
Ends After:
Fire and Rescue Apparatus
Coverage:
Ten (10) Year Material and Workmanship
Stainless Steel Piping
1. LIMITED WARRANTY
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 Limited Warranty
Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer:
(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
(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; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to:
The date of the original purchase invoice (issued when the product ships from the factory).
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.
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.
Conditions and
Exclusions:
See Also
Paragraphs
2 thru 4
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.
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.
3. BUYER'S EXCLUSIVE REMEDY.
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. 3/22/2012 WA0035
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.
2. DISCLAIMERS OF WARRANTIES
capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty.
Item #5.7.
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.
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.
Conditions and
Exclusions:
See Also
Paragraphs
2 thru 4
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.
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.
3. BUYER'S EXCLUSIVE REMEDY.
(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.
One (1) Year & Five (5) Year Warranty Period
Ends After:
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. 1/30/2013 WA0231
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.
2. DISCLAIMERS OF WARRANTIES
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.
Fire and Rescue Apparatus
Coverage:
One (1) Year Material and Workmanship Foam System & Five (5) Year Material and Workmanship Control Head
Limited Warranty
Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to:
Limited warranty 1 year parts and labor for for the foam system and 5 years parts and labor for the control head.
1. LIMITED WARRANTY
(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; Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer:
(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
(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; The date of the original purchase invoice (issued when the product ships from the factory). Warranty Begins:
Item #5.7.
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 WA0057
1. LIMITED WARRANTY
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.
2. DISCLAIMERS OF WARRANTIES
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.
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.
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.
Conditions and
Exclusions:
See Also
Paragraphs
2 thru 4
Limited Warranty
Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer:
(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
(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; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to:
Fire and Rescue Apparatus
Coverage:
Ten (10) Year Pro-Rated Paint and Corrosion
Custom Body
Ten (10) Years Warranty Period
Ends After:
The date of the original purchase invoice (issued when the product ships from the factory). Warranty Begins:
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. (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. (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;
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.
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.
3. BUYER'S EXCLUSIVE REMEDY.
Item #5.7.
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. 2/22/2010 WA0018
1. LIMITED WARRANTY
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.
2. DISCLAIMERS OF WARRANTIES
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.
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.
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).
Conditions and
Exclusions:
See Also
Paragraphs
2 thru 4
Limited Warranty
Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer:
(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
(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; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to:
Fire and Rescue Apparatus
Coverage:
Three (3) Year Material and Workmanship
Goldstar® Gold Leaf Lamination
Three (3) Years Warranty Period
Ends After:
The date of the original purchase invoice (issued when the product ships from the factory). Warranty Begins:
Each Goldstar® gold leaf lamination shall be free from
defects in material and workmanship.
(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. (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;
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.
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.
3. BUYER'S EXCLUSIVE REMEDY.
Item #5.7.
JROGHQVWDWHĆUHFRP
DEALER SUPPLIED
PRODUCTS SERVICES
Exhibit “D”
5 AND
/OR
Item #5.7.
DEALER SUPPLIED EQUIPMENT and/or SERVICES
The following items and/or services will be provided by Golden State Fire Apparatus Inc. (GSFA) prior to final delivery:
LICENSED MANUFACTURER
The State of California Vehicle Code, section 11701 requires “every manufacturer of a vehicle subject to registration shall make application to the Department of Motor Vehicles (DMV) for a license containing a general distinguishing number”. The manufacturer has a current license at time of proposal and shall provide a copy upon request. Temporary licenses are not acceptable.
LICENSED DEALERSHIP
The State of California Vehicle Code, section 11701 requires a “dealer in vehicles of a type subject to registration, shall make application to the Department of Motor Vehicles (DMV) for a license containing a general distinguishing number”. Golden State Fire Apparatus, Inc. has a current license at time of bid as outlined above and is available upon request. Temporary licenses are not acceptable.
LICENSED SALES REPRESENTATIVE
The State of California Vehicle Code, section 11800 requires that it shall be “unlawful for any person to function as a vehicle salesperson without having first procured a license issued by the Department of Motor Vehicles (DMV)”. The representative has a current vehicle salespersons license at time of proposal and shall provide a copy upon request. Temporary licenses are not acceptable.
VEHICLE REGISTRATION
The State of California Vehicle Code section 11739 requires that the “dealer of a new motor vehicle sale is responsible for applying for the title, securing vehicle registration, and obtaining license plates for the Customer” through the Department of Motor Vehicles (DMV). Golden State Fire Apparatus, Inc. is a factory-authorized dealer of the vehicle being sold and is authorized to register with the State of California as a new vehicle manufacturer.
GSFA will make all necessary applications and complete all transfer papers, including applying for California Exempt “E” license plates.
WEEKLY PROGRESS PHOTOGRAPHS
GSFA will provide weekly photographs of the apparatus or the major components as they are being constructed. The photographs will commence at the start of the manufacturing process and will continue through production by the manufacturer. The reports will show the progress of the apparatus through the course of each week. Special attention will be given to show the unique features and aspects of the apparatus as construction progresses.
PRE-CONSTRUCTION, FACTORY TRIP
A pre-construction trip to the manufacturing facility will be provided for three (3) Customer representative(s).
The intent of this trip is to review and finalize, in detail, the specifications prior to the start of production. The pre-construction trip will have a duration of four (4) days and three (3) nights and be scheduled at times mutually agreed upon between Golden State Fire Apparatus (GSFA). and the Customer. Costs for airfare, lodging, meals and ground transportation while at the manufacturer’s location will be the responsibility of GSFA. Air travel will be from one of the following airports: Sacramento, San Francisco or San Jose.
Costs such as Customer ground transportation in California, Customer airport parking, Customer luggage fees and Customer incidentals while traveling to the factory will be the responsibility of the Customer. Flight reservations are non-refundable and in the event of a cancellation after booking, the Customer will be responsible for all costs associated with this cancellation, which may include not only the original ticket cost but also any change or cancellation fees imposed by the airline and/ or travel agency. Flight reservations are also non-transferable.
Item #5.7.
FINAL INSPECTION FACTORY TRIP
A final inspection trip to the manufacturing facility will be provided for three (3) Customer representative(s). The intent of this trip is to ensure that the apparatus is built to specification and to detect any deficiencies that require correction. The final inspection trip will have a duration of four (4) days and three (3) nights and be scheduled at times mutually agreed upon between Golden State Fire Apparatus (GSFA). and the Customer. Costs for airfare, lodging, meals and ground transportation while at the manufacturer’s location will be the responsibility of GSFA. Air travel will be from one of the following airports: Sacramento, San Francisco or San Jose.
Costs such as Customer ground transportation in California, Customer airport parking, Customer luggage fees and Customer incidentals while traveling to the factory will be the responsibility of the Customer. Flight reservations are non-refundable and in the event of a cancellation after booking, the Customer will be responsible for all costs associated with this cancellation, which may include not only the original ticket cost but also any change or cancellation fees imposed by the airline and/ or travel agency. Flight reservations are also non-transferable.
DELIVERY TO AUTHORIZED SERVICE FACILITY
GSFA will, at their expense, deliver the apparatus (including any applicable equipment, spare parts, and supplies) to their Northern California facility in Sacramento for a dealer preparation inspection.
To ensure proper break in of all components while still under warranty, the apparatus shall be delivered under its own power - rail or truck freight shall not be acceptable.
PRE-DELIVERY SERVICE
After transportation from the factory and prior to delivery, the apparatus will receive a pre-delivery service to confirm proper operation and correction of any issues found as a result of said inspection. The Golden State Fire Apparatus, Inc. pre-delivery service consists of the following:
• Engine Compartment and Undercarriage – Check for any broken mounting brackets and inspect for correct capacities of the following (if applicable): engine oil, coolant, power steering fluid, washer reservoir fluid, transmission fluid, rear end fluid, pump transmission oil, and primer oil. • Interior – Operate all doors, windows, and locks for proper adjustment. Check upholstery. • Exterior – Repair reasonable paint scratches or chips. Tighten any loose hardware and inspect tires and wheels for proper pressure and lug torquing.
• Road Test – With the water tank (if applicable) full, the apparatus will be driven approximately twenty miles which allows the drive train components to get up to operating temperature. Road test will be on both city and highway roads. A DOT compliant brake test will be conducted to ensure the system is holding air. The brake condition and wheel seals will also be inspected. • Electrical - Operate all lights, sirens, and other electrical accessories to verify operation. • Pump - If applicable, vacuum test the pump to hold for 15 minutes. After vacuum test, operate the relief valve, transfer valve and check pump shift. Check water tank for leaks and inspect water level gauge for calibration. With discharge caps loose, rapid test all individual gauges and main gauges for calibration. Lubricate valve rods.
• Foam System – If applicable, tighten caps and connect foam lines. Test selector, valves, metering valve and operation of foam system (including flush).
• Fuel Tank - Fuel tank will be filled at the dealership location prior to final delivery. • DEF Tank - DEF tank will be filled at the dealership location prior to final delivery. • Wash - The apparatus will be thoroughly washed at the dealership location prior to final delivery.
Item #5.7.
DEALER PROVIDED LOOSE EQUIPMENT
Prior to final delivery, the following equipment will be provided by the dealer and installed on the vehicle:
• Two (2) lengths, 3.00” x 10’ hard suction hose with 2.50” NST rocker lug couplings • One (1), 2.50” barrel strainer
FINAL DELIVERY (CUSTOMER LOCATION)
GSFA will, at their expense, deliver the Product (including any applicable equipment, spare parts, and supplies) to the Customer specified address once completed. Prior to delivery of the Product, Customer agrees to provide proof of liability and physical damage insurance to GSFA. GSFA will not release the Product to the Customer until such proof of insurance is provided.
It is the responsibility of the Customer to have any outstanding balance due, paid in full to GSFA, prior to or at the time that the Product is complete and ready to deliver. If payment is late or delivery is delayed pending payment, a daily finance charge of $150.00 and a daily storage fee of $50.00 may apply until such payment is received.
Due to insurance liability, the Product will not be delivered without full acceptance and full payment (or prior written agreement between the Customer and GSFA).
END OF EXHIBIT “D”
Item #5.7.
Item #5.7.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Antoinette Freeman, Planning & Permit Technician
Meeting: City Council - Oct 22 2024
Subject: Green Committee Recommendations on the Napa County RCAAP Draft Document
AGENDA TITLE:
Green Committee Recommendations on the Napa County RCAAP Draft Document RECOMMENDATION:
Consider adopting the recommendations provided by the Green Committee on the proposed policies and programs outlined in the Napa County Regional Climate Action and Adaptation Plan (RCAAP) document entitled "Revised Preliminary Draft Napa RCAAP Greenhouse Gas Reduction Measures – July 2024" and directing the City Council representatives to the Countywide Climate Action Committee to advocate for these suggested changes to the document.
BACKGROUND:
Green Committee 2024 Goals & Work Plan
On June 21, 2022, the Calistoga City Council approved Resolution 2022-054, defining the Green Committee's role, duties, and responsibilities for FY 22-23. The resolution stated that the Committee shall advise the City Council on matters relating to policies and programs that will help create and implement the Calistoga Climate Action Plan and any future Napa County Regional Climate Action Plan programs.
On July 30, 2024, the Calistoga City Council approved the Green Committee's proposed work plan for FY 24/25. The work plan included monitoring the Napa County Climate Action Committee's (CAC) plan and programs. Additionally, the Council discussed and directed the Committee to work with the CAC and provide recommendations to the Council regarding the Napa County Regional Climate Action and Adaptation Plan (RCAAP) document entitled "Revised Preliminary Draft Napa RCAAP Greenhouse Gas Reduction Measures – July 2024" (RCAAP GHG Document). The RCAAP GHG Document can be viewed at this link: https://climateactionnapa.konveio.com/ghg-measuresmemo-and-matrix The Green Committee discussed and prepared recommendations on the RCAAP GHG Document draft in the regular Committee meetings held on Tuesday, August 13, 2024, and Tuesday, September 10, 2024. A special Committee meeting was held on Monday, September 30, 2024, to prepare the recommendations further. In the regular Committee meeting held on Tuesday, October 8, 2024, the Committee finalized the recommendations for presentation to the Council.
Item #7.1.
ANALYSIS:
Development of the Napa RCAAP GHG Measures Matrix Draft Document The Regional Working Group on Climate Change began meeting in September 2019, transitioning into the Climate Action Committee (CAC) in October 2019. On October 16, 2020, the CAC approved a Joint Powers Agreement (JPA), creating a collaborative framework among six jurisdictions. The six jurisdictions include Napa County and the cities of American Canyon, Calistoga, Napa, and St.
Helena, along with the Town of Yountville. This framework allows the region to work to coordinate efforts to reduce greenhouse gas emissions and mitigate climate change impacts. Establishing the JPA and CAC laid the foundation for all six jurisdictions to collaborate in preparing the upcoming RCAAP.
In late 2021, the Climate Action Commission (CAC) initiated a comprehensive update of the 2009 Regional Greenhouse Gas (GHG) Emission Inventory, incorporating technical memoranda on shortlived climate pollutants and carbon sequestration potential in Napa County. The updated GHG Inventory was finalized on November 30, 2022. Subsequently, with secured funding from the State, the CAC and its member jurisdictions commenced work on the Regional Climate Action and Adaptation Plan (RCAAP) in late 2023. The plan will encompass the following sections: an overview of the 2019 GHG inventory, an updated inventory integrating GHG emission projections, proposed GHG reduction measures and their prioritization, an evaluation of future climate risks, and an implementation and monitoring plan. Completion of the RCAAP is anticipated by the conclusion of 2024 for review by the member jurisdictions.
On June 14, 2024, the environmental consultant partnering with Napa County on the RCAAP, Ascent, released a memorandum sent to the project's staff representatives from Napa County and the City of Napa for review. The purpose of the memorandum was (1) to provide an overview of the proposed framework and guidelines for developing greenhouse gas (GHG) reduction strategies, measures, and actions that will be included as part of the Napa County Regional Climate Action and Adaptation Plan (RCAAP); and (2) present a refined preliminary list of GHG emission reduction strategies, measures, and actions for review and comment. The RCAAP GHG Document was attached to the memorandum for distribution.
On June 28, 2024, Napa County and Napa City project staff presented the memorandum and accompanying documents at the CAC's regular meeting. Following the meeting, the RCAAP GHG Document became publicly available for review and comment by Napa County jurisdictions.
Staff recommends Council approval of the Green Committee's recommendations based on the following:
1. The City of Calistoga entered into the Joint Powers Agreement to Fund and Administer the Napa Countywide Climate Action Program on April 20, 2021 (Resolution 2021-025). The resolution states that "the Parties desire to enter into an agreement for the purpose of addressing climate change through a regional effort and to seek out funding opportunities to assist in achieving common greenhouse gas reduction goals and strategies, as agreed to by the individual Member Agencies."
2. Participation with the Napa County Regional Climate Action Plan and formulation of recommendations for the City Council on local implementation policy is a stated Major Planning and Building Department Goal for FY 24/25 (City of Calistoga, Operating and Capital Improvement Budget Fiscal Year: 2024-25, page 53).
Item #7.1.
FINANCIAL IMPACT:
The cost of implementing any RCAAP recommendations has not been evaluated.
CEQA STATUS:
The proposed action is not a project as defined by 14 California Code of Regulations 15378 (State CEQA Guidelines) and therefore CEQA is not applicable.
ATTACHMENT(S):
City of Calistoga - Green Committee - RCAAP Comments 10.08.24 APPROVAL(S):
Laura Snideman, City Manager Approved - Oct 15 2024
Yudiana Galvan, City Clerk Approved - Oct 14 2024
Connie Cardenas, Admin. Services Director Approved - Oct 09 2024 Greg Desmond, Planning and Building Director Approved - Oct 10 2024 Item #7.1.
City of Calistoga - Green Committee - Tuesday, October 8, 2024 Regional Climate Action and Adaptation Plan (RCAAP) Comments Category Strategy Measure Comments
BUILDING ENERGY
Clean and Efficient
Energy Use in Existing
Buildings
Develop a comprehensive energy
retrofit program
Establish clear triggers for mandatory electrification, such as -Property sale/purchase
-Permitted remodel
-New HVAC or H2O installation
BUILDING ENERGY
Clean and Efficient
Energy Use in Existing
Buildings
Increase renewable energy
generation
Timely success will likely require serious rebate/incentive options. We urge aggressive research on grant possibilities along with incentive programs.
BUILDING ENERGY
Clean and Efficient
Energy Use in Existing
Buildings
Increase renewable energy
generation
Pre-electrification/Preparing for increased electricity demand:
Until/unless PGE steps up, meaningful reduction of greenhouse gases will likely require local electricity generation measures. Consider promoting such things as:
*Solar panel farms on available acreage
*Solar panel electricity generation at wastewater treatment facilities (Healdsburg, Petaluma, and is under consideration in the City of Napa.)
*Elevated panels in parking lots (Kaiser + other facilities).
BUILDING ENERGY
Zero Carbon
Development
Clean and efficient energy use in
existing buildings
Strive for a mandatory ban on natural gas for all new construction, including restaurants, wineries, nonresidential, and residential. Everything. (Recognizing complications related to Berkeley Case)
BUILDING ENERGY
Education Awareness
and Behavior Change
Strengthen community awareness
and promote community action
On the County's website, consider an online check-box form to input information on what gas and/or electric systems respondents currently have. Use that data to email the individual appropriate flyers, incentive options, links, etc. If a check box model is used, this could possibly be automated. Data collected could be useful too.
BUILDING ENERGY
Zero Carbon
Development
Clean and efficient energy use in
existing buildings Trees should not be removed for the sole purpose of installing solar panels.
ON-ROAD
TRANSPORTATION
Low and ZeroEmission VehiclesIncrease access to zero emissions vehicle (ZEV) fueling infrastructure
Adopt the latest technology to provide charging to all types of electric vehicles. Until a universal plug for all EV types becomes the norm, the type of charging stations provided should reflect the proportion of Tesla to non-Tesla EV types. (Noting that a number of resorts currently have Tesla charging, which might skew the proportions.) Proportion considerations should also apply to the mandated EV-enabled parking spaces for residential and non-residential development.
*Encourage the installation of charging stations in commercial areas. * Work with PG&E and NVTA to ensure sufficient electric power and charger locations are available for shuttles, school buses, and other bus needs.
*Engage grant specialist(s) to find and expedite grants for EV charging. 1 Item #7.1.
City of Calistoga - Green Committee - Tuesday, October 8, 2024 Regional Climate Action and Adaptation Plan (RCAAP) Comments Category Strategy Measure Comments
ON-ROAD
TRANSPORTATION
Improve active transportation
(walking, biking)
Include the "Complete Streets" model in considering new road construction, major road rebuilding, and smaller street upgrades. Complete Streets model aims for balance, safety, and a non-hierarchical approach, where cars are not prioritized over other considerations, such as safety, the environment, biking, and walking.
"A Complete Streets approach integrates people and place in the planning, design, construction, operation, and maintenance of our transportation networks. This helps to ensure streets put safety over speed, balance the needs of different modes, and support local land uses, economies, cultures, and natural environments." (Smart Growth America)
ON-ROAD
TRANSPORTATION
Transportation
Demand Mgmt. (TMD)
Increase implementation of TMD
strategies
Develop a carpool program and hubs to facilitate shared transportation to/from Santa Rosa, Lake County, and Solano County.
ON-ROAD
TRANSPORTATION
VMT Reductions from
Businesses
Napa County Trip Reduction Pgm. &
NVTA's V-Commute Pgm Encourage electrification of shuttles and buses throughout county.
ON-ROAD
TRANSPORTATION Support ZEVs Increase ZEV adoption Consider allocating a given proportion of available parking spaces in large parking areas for EV and ZEV vehicles only.
OFF-ROAD
VEHICLES AND
EQUIPMENT
Electrification and
Clean Alternatives
Reduce landscaping related
emissions
Ban the use, not just the sale, of all gas landscaping equipment within city limits, as Calistoga did successfully with gas-powered leaf blowers. This was accomplished by a rebate program that included such requirements as a receipt for the purchase of a compliant machine and the turning-in of the gaspowered item.
OFF-ROAD
VEHICLES AND
EQUIPMENT
Electrification and
Clean Alternatives
Reduce landscaping related
emissions
Consider a Check-Out system similar to a public library. Homeowners could borrow a piece of (electric) garden equipment for a given period.
SOLID WASTE Zero Waste
Increase diversion of solid waste to
achieve at least 80% of waste from
landfills by 2035
Fines for food-service permit holders without onsite compost receptacles:
A complication arises when the landlord is responsible for the bins, and it is the merchant that is in noncompliance.
Setting quantitative food-diversion goals without guardrails:
Sending spoiled and expired products to food banks, thus avoiding the labor-intensive tasks of checking dates, separating compostables, recyclables (including rinsing), and landfills. In addition to the many hours per month required of volunteer workers to do this, the food bank also pays for the collection service to haul waste away. Merchants should not be penalized when they dispose of spoiled products in assessing whether they are meeting a % goal. Food banks should also be protected from being used as free trash handlers.
2 Item #7.1.
City of Calistoga - Green Committee - Tuesday, October 8, 2024 Regional Climate Action and Adaptation Plan (RCAAP) Comments Category Strategy Measure Comments
SOLID WASTE Zero Waste Waste education and awareness
Event permits. Event permits should include language confirming mandatory compliance with all foodware, waste, and other regulations.
Unified School System: Urge schools to include mandatory, age-appropriate curriculum at all class levels.
It is often the children who educate their parents on environmental issues, especially when language barriers are a consideration. Education of young people will thus expand the broader community's understanding of the proper use of trash receptacles, composting, pollution associated with car idling, etc.
SOLID WASTE Landfill Emissions Increase methane capture to 85% by 2035
Relocate Clover Flat
SOLID WASTE Landfill Emissions Prohibit food vendors from providing prepared food to customers in polystyrene containers, whether for sale or for leftovers.
SOLID WASTE Landfill Emissions
Polystyrene Foodware shall not be sold, used, or provided by any Vendor or Event Promoter in the County, except containers that are wholly encapsulated or encased within a more durable material, such as Polystyrene-insulated reusable coolers.
WASTEWATER /
WATER Water Conservation Increase water conservation
Additional rebates/incentives for:
-rainwater harvesting systems
-graywater systems
-pool removal
-pool covers
WASTEWATER /
WATER Water Conservation Increase water conservation Wastewater regulation:
Review new water performance benchmarking requirements every 5 years rather than 10.
WASTEWATER /
WATER Water Conservation Increase water conservation Encourage greywater systems in all new construction.
WASTEWATER /
WATER Water Conservation Recycled water
Whenever roads/streets are opened for repair/replacement of anything, install piping to carry non-potable, treated water into residential and park areas. Currently, in at least some municipalities there is an excess of such water in wastewater facilities. Once installed, homeowners would have the option to pay to bring piping from the street to the property for vegetation, car washing, etc. Perhaps incentives could be found to assist.
WASTEWATER /
WATER Water Conservation Recycled water Programs to distribute free low-flow shower heads, faucet regulators, garden hose nozzles. 3 Item #7.1.
City of Calistoga - Green Committee - Tuesday, October 8, 2024 Regional Climate Action and Adaptation Plan (RCAAP) Comments Category Strategy Measure Comments
WASTEWATER /
WATER Water Conservation
Wastewater conservation &
education
Easy-to-access and easy-to-use webpage detailing programs such as:
-cash for grass
-gray water rebates
-additional rebates
AGRICULTURE &
OPEN SPACE
Increase Carbon
Storage
Reforesting burned areas with oak
trees
*Focus on native plants and animal species.
*Re-oaking and planting of native trees in urban streets and urban open space can provide major benefits of cooling, carbon sequestration, etc.
*Encourage parks, pocket parks, and urban open spaces where cooling and healthy air are especially needed. Support outdoor community activities and appreciation of other life forms. *For a healthy eco-system, consider the development of "passive" open spaces with no associated programming.
AGRICULTURE &
OPEN SPACE
Increase Carbon
Storage Napa Green Vineyard Certification Mandatory Napa Green Vineyard Certification for all new vineyards and significant vineyard expansion projects. 4 Item #7.1.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Greg Desmond, Planning and Building Director
Meeting: City Council - Oct 22 2024
Subject: Professional Services Bureau Veritas Agreement Amendment and Approving an Amendment to the Personnel and Staffing Listing Adding Building Official and Associated Salary Schedule
AGENDA TITLE:
Professional Services Bureau Veritas Agreement Amendment and Approving an Amendment to the Personnel and Staffing Listing Adding Building Official and Associated Salary Schedule RECOMMENDATION:
Consider Adopting the Resolution
BACKGROUND:
Due to the need for specialized skills and the lack of full-time work related to those skills, the prior Planning and Building Director chose to contract with Bureau Veritas North America, Inc. (BV) to provide certain limited building-related services. The cost of services and the need for services have both increased. Staff is therefore recommending a) an amendment to the BV agreement for additional funds for a transition period to hire staff and b) adding a Building Official staff position.
ANALYSIS:
The existing agreement with Bureau Veritas North America, Inc. provides certain limited buildingrelated services such as plan check, inspection, and building official services on a contractual basis.
The contract cost has escalated dramatically from $125,000 to $351,520 per calendar year. In response to these cost increases, the Planning & Building Director is seeking an additional $149,980 to ensure continuity of services through the end of the 2024 calendar year.
Given the substantial increase in costs and a desire to have more daily oversight and control of some of the building processes, the new Planning & Building Director recommends amending Resolution 2024-40, adopted on June 11, 2024, to include the position of Building Official in our fulltime staffing budget. Having full-time access to a Building Official may result in enhanced assistance with development proposals and permit applications. More notably, a staff Building Official will be able to perform additional duties and functions outside the scope of the existing contract services agreement, such as supervising City staff and developing programs and budgets. This integrated and more comprehensive role will enhance cohesion within the Department and increase accessibility of City staff to the community. The Building Official salary survey of the City’s comparable agencies was conducted on September 20, 2021, revealing a median wage of $11,383 per month.
FINANCIAL IMPACT:
Item #7.2.
Funds for this amendment will be paid from accounts 01-4125-4402 and 01-4115-4402 and is within the budgets appropriated in these accounts for FY24/25. The savings associated with replacing contract services with an in-house building official should be in the range of $60,000- 112,000, depending on the hired salary range and benefits for the position.
CEQA STATUS:
This action does not meet the definition of a “project” under the California Environmental Quality Act (CEQA).
ATTACHMENT(S):
ATTCH 1 CC Resolution BV amendment and Building Official (1) (002) ATTCH 2 CC Agreement amendment 2
Salary Schedule
Authorized Position List for FY 2024-25
Unrepresented Mid-Management
APPROVAL(S):
Connie Cardenas, Admin. Services Director Approved - Oct 10 2024 Laura Snideman, City Manager Approved - Oct 15 2024
Yudiana Galvan, City Clerk Approved - Oct 15 2024
Item #7.2.
RESOLUTION NO. 2024-XXX
ADOPTED XXXX, 2024
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA AUTHORIZING
THE CITY MANAGER TO EXECUTE AN AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT WITH BUREAU VERITAS NORTH AMERICA, INC. (BVNA),
APPROVING AN AMENDMENT TO THE PERSONNEL AND STAFFING LISTING BY
INCREASING PLANNING AND BUILDING DEPARTMENT STAFF, AND TO AUTHORIZE STAFF TO INITATE THE RECRUITMENT PROCESS TO HIRE A FULLTIME, IN-HOUSE BUILDING OFFICIAL.
WHEREAS, the city currently utilizes BVNA for some highly specialized buildingrelated services; and WHEREAS, in December of 2023, the city approved a professional services agreement contract with BVNA for the 2024 calendar year for a not to exceed amount of $125,000; and
WHEREAS, in May of 2024, the city approved an amendment authorizing an additional $75,000 to the contracting services budget of $75,000 in order to provide a continued high level of service through the end of the 2023/2034 fiscal year and in light of an increase in development activity; and
WHEREAS, an amendment to the contracting services budget of $149,980 is required in order to provide a continued high level of service through the 2024 calendar year. This is a not to exceed amount and there is sufficient funding in the Department’s FY 24/25 budget (accounts 01-4115-4402 & 01-4125-4402) to accommodate this amendment; and
WHEREAS, the total contract services amount for providing these services for the 2024 calendar year will be $349,980; and
WHEREAS, the City's unrepresented Mid-Management group is not represented by a recognized labor association and do not negotiate for a collective bargaining agreement; and
WHEREAS, the classification of Building Official is an already established classification within the Salary and Benefits Plan – Mid Management; and WHEREAS, having conducted a compensation survey of the City’s comparable agencies, the City Manager recommends a top monthly salary of $12,549 per month for the Building Official; and
WHEREAS, having reviewed the Building and Planning Department staffing needs, the City Manager recommends amending Resolution 2024-40 by adding the position of Building Official; and
WHEREAS, transitioning to an in-house, full-time Building Official may result in cost savings and will provide more direct city control over responsibilities of related plan check, code enforcement, inspection and/or plan check services.
Item #7.2.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Calistoga hereby
1) Authorizes the City Manager to enter into an amendment for professional services agreement with BVNA for the provision of building official, building inspection and plan check services; and
2) Updates the Personnel and Staffing Listing to add a Building Official; and 3) Confirms the Building Official is an at-will exempt position, in the midmanagement group for the purposes of benefits; and 4) Authorizes the city manager to make any technical corrections as necessary to the various documents; and
5) Updates the Classification and Pay Rates schedule as shown below for a building official:
Classification and Pay
Rates
Unit Step 1 Step 2 Step 3 Step 4 Step 5
Building Official UMM $10,324 $10,840 $11,383 $11,952 $12,549 PASSED, APPROVED AND ADOPTED this 22nd day of OCTOBER 2024. I, YUDIANA GALVAN, CITY CLERK OF THE CITY OF CALISTOGA, HEREBY CERTIFY the foregoing resolution was introduced and passed at a regular meeting of the Calistoga City Council by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
____________________________ __________________________ Yudiana Galvan, City Clerk Donald Williams, Mayor
Item #7.2.
AMENDMENT No. 2
to
AGREEMENT No. 892 FOR CONSULTANT SERVICES
This Amendment No. 2 (“Amendment”) to Authorizing Agreement No. 892 (“Agreement”) is dated this 22nd day of October 2024, by and between the City of Calistoga, herein called the "City", and Bureau Veritas North America, Inc. (BVNA), herein called the "Consultant".
RECITALS
A. City and Consultant entered into the Agreement effective August 9, 2021, by which the Consultant agreed to provide Building Official, Building Inspection and Plan Check services more particularly described in the Agreement.
B. City and Consultant have operated under this Agreement with annual contract updates since this agreement was adopted.
C. The City approved a $125,000 contract update with BVNA on December 19, 2023 for the 2024 calendar year.
D. The City amended this contract on May 21, 2024, for a not to exceed amount of $75,000 to extend services through the end of the 23/24 fiscal year.
B. Due to additional and increasing demand for these services, both parties agree it is necessary to amend the Agreement to a not-to-exceed amount of $149,980 for these services through the end of the 2024 calendar year.
AGREEMENT
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1. Not to Exceed Amount. This amendment increases Bureau Veritas North America Inc’s not-to-exceed budget for non-cost recovery items by $149,980 for a total of $349,980 for the 2024 calendar year.
2. Incorporation by Reference. This Amendment hereby incorporates by reference all terms and conditions set forth in the Agreement, unless specifically modified by this Amendment. All terms and conditions set forth in the Agreement which are not specifically modified by this Amendment shall remain in full force and effect.
IN WITNESS WHEREOF, the Parties have executed this Amendment as of the date set forth above.
CITY OF CALISTOGA
By: _______________________________ Date: ________________ Laura Snideman, City Manager
Item #7.2.
CONSULTANT
By: _______________________________ Date: ________________ By: _______________________________ Date: ________________ Attest
By: _______________________________
Yudiana Galvan, City Clerk
Approve As To Form
By: _______________________________
Michelle Marchetta Kenyon, City Attorney
Item #7.2.
Classification Date Unit Monthly-1 Monthly-2 Monthly-3 Monthly-4 Monthly-5 Hourly-1 Hourly-2 Hourly-3 Hourly-4 Hourly-5 FLSA Accountant 2023-12-24 CPEA $7,045.22 $7,397.49 $7,767.36 $8,155.73 $8,563.52 $40.6455 $42.6778 $44.8117 $47.0523 $49.4049 Non-Exempt Accounting Assistant 2023-12-24 CPEA $5,052.85 $5,305.65 $5,570.44 $5,849.40 $6,141.44 $29.1511 $30.6095 $32.1372 $33.7465 $35.4314 Non-Exempt Administrative Aide 2023-01-01 UTE $16.00 $16.78 $17.59 $18.44 $19.34 Non-Exempt Administrative Assistant 2023-12-24 CPEA $5,438.59 $5,709.92 $5,995.42 $6,295.08 $6,610.00 $31.3765 $32.9418 $34.5890 $36.3178 $38.1346 Non-Exempt Administrative Services Director 2023-12-24 UEM $15,644.67 $19,015.86 $90.2577 $109.7069 Exempt Administrative Services Technician 2023-12-24 CPEA $5,849.40 $6,141.44 $6,448.73 $6,771.27 $7,110.16 $33.7465 $35.4314 $37.2042 $39.0650 $41.0202 Non-Exempt Assistant City Manager 2023-12-24 UEM $16,847.71 $20,478.46 $97.1983 $118.1450 Exempt Assistant Engineer 2023-12-24 CPEA $7,839.16 $8,230.35 $8,642.25 $9,074.86 $9,528.16 $45.2259 $47.4828 $49.8591 $52.3550 $54.9702 Non-Exempt Assistant Planner 2023-12-24 CPEA $7,763.97 $8,151.90 $8,559.44 $8,987.68 $9,437.72 $44.7921 $47.0302 $49.3814 $51.8520 $54.4484 Non-Exempt Associate Civil Engineer 2023-12-24 UMM $8,918.77 $9,364.76 $9,832.38 $10,324.72 $10,840.75 $51.4544 $54.0275 $56.7253 $59.5657 $62.5428 Exempt Associate Planner 2023-12-24 CPEA $8,559.44 $8,987.68 $9,437.72 $9,909.55 $10,404.26 $49.3814 $51.8520 $54.4484 $57.1705 $60.0246 Non-Exempt Building Inspector 2023-12-24 CPEA $6,941.26 $7,287.78 $7,651.73 $8,034.21 $8,436.30 $40.0457 $42.0449 $44.1446 $46.3512 $48.6710 Non-Exempt Building Official 2023-12-24 UMM $10,324.72 $10,840.75 $11,383.56 $11,952.12 $12,549.52 $59.5657 $62.5428 $65.6744 $68.9545 $72.4011 Exempt Chief Plant Operator (Water & Wastewater) 2023-12-24 CPEA $8,810.49 $9,251.71 $9,713.61 $10,199.63 $10,709.79 $50.8298 $53.3753 $56.0401 $58.8440 $61.7873 Non-Exempt City Clerk 2023-12-24 UMM $9,599.60 $10,078.55 $10,583.25 $11,112.67 $11,666.81 $55.3823 $58.1455 $61.0572 $64.1116 $67.3085 Exempt City Manager 2022-08-02 UCM $20,848.00 $120.2769 Exempt Coach/Referee 2023-01-01 UTE $16.00 $16.78 $17.59 $18.44 $2,024.00 Non-Exempt Code Enforcement Officer 2023-12-24 UMM $6,655.86 $6,989.58 $7,339.78 $7,703.37 $8,090.65 $38.3992 $40.3245 $42.3449 $44.4425 $46.6768 Non-Exempt Councilmember 1986-05-20 Elected $200.00 Exempt
Community Service Officer 2024-07-01 CPOA $5,794.92 $6,082.59 $6,387.70 $6,708.07 $7,041.51 $33.4322 $35.0919 $36.8521 $38.7004 $40.6241 Non-Exempt Deputy City Clerk 2023-12-24 UMM $7,704.40 $8,089.62 $8,494.41 $8,918.77 $9,364.76 $44.4485 $46.6709 $49.0062 $51.4544 $54.0275 Exempt Deputy City Manager 2024-07-01 UEM $15,644.67 $19,015.86 $90.2577 $109.7069 Exempt Deputy Finance Director 2023-12-24 UMM $11,498.16 $12,073.06 $12,676.71 $13,310.55 $13,976.07 $66.3355 $69.6523 $73.1349 $76.7916 $80.6312 Exempt Deputy Public Works Director 2023-12-24 UMM $11,383.56 $11,952.12 $12,549.52 $13,176.79 $13,835.99 $65.6744 $68.9545 $72.4011 $76.0199 $79.8230 Exempt Executive Assistant to the City Manager 2023-12-24 UMM $5,893.66 $6,186.18 $6,497.24 $6,821.69 $7,162.62 $34.0019 $35.6895 $37.4841 $39.3559 $41.3228 Non-Exempt Facility Attendant 2023-01-01 UTE $18.08 Non-Exempt
Fairgrounds Revitalization Director 2024-02-01 UEM $15,644.67 $19,015.86 $90.2577 $109.7069 Exempt Fire Captain 2023-12-24 CPFA $8,775.19 $9,213.24 $9,674.18 $10,158.00 $10,665.79 $36.1615 $37.9666 $39.8661 $41.8599 $43.9524 Non-Exempt Fire Captain 2023-01-01 UTE $30.57 $32.10 $33.71 $35.40 $37.17 Non-Exempt Fire Chief 2023-12-24 UEM $16,847.71 $20,478.46 $97.1983 $118.1450 Exempt Fire Engineer 2023-12-24 CPFA $7,957.93 $8,355.67 $8,774.10 $9,212.15 $9,673.09 $32.7937 $34.4327 $36.1570 $37.9622 $39.8616 Non-Exempt Fire Engineer 2023-01-01 UTE $28.75 $30.19 $31.70 $33.29 $34.95 Non-Exempt Fire Fighter 2023-12-24 CPFA $7,218.04 $7,579.81 $7,957.93 $8,355.67 $8,774.10 $29.7447 $31.2355 $32.7937 $34.4327 $36.1570 Non-Exempt Fire Fighter 2023-01-01 UTE $24.99 $26.24 $27.55 $28.93 $30.38 Non-Exempt Head Lifeguard 2023-01-01 UTE $17.65 $18.53 $19.46 $20.43 $21.45 Non-Exempt Human Resources/Finance Specialist 2023-12-24 UMM $7,339.78 $7,703.37 $8,087.56 $8,492.35 $8,919.80 $42.3449 $44.4425 $46.6590 $48.9943 $51.4604 Non-Exempt Human Resources Manager 2023-12-24 UMM $9,831.97 $10,323.57 $10,839.74 $11,381.73 $11,950.81 $56.7229 $59.5591 $62.5370 $65.6638 $68.9470 Exempt Lifeguard I 2023-01-01 UTE $16.56 $17.39 $18.26 $19.17 $20.13 Non-Exempt Maintenance Superintendent 2023-12-24 UMM $9,561.49 $10,039.41 $10,541.02 $11,068.38 $11,621.49 $55.1624 $57.9197 $60.8136 $63.8560 $67.0471 Exempt Maintenance Technician I 2023-12-24 CPEA $5,052.85 $5,305.65 $5,570.44 $5,849.40 $6,141.44 $29.1511 $30.6095 $32.1372 $33.7465 $35.4314 Non-Exempt Maintenance Technician II 2023-12-24 CPEA $5,570.44 $5,849.40 $6,141.44 $6,448.73 $6,771.27 $32.1372 $33.7465 $35.4314 $37.2042 $39.0650 Non-Exempt Management Analyst I 2023-12-24 UMM $7,521.06 $7,897.01 $8,292.53 $8,705.56 $9,141.25 $43.3907 $45.5597 $47.8415 $50.2244 $52.7380 Exempt Management Analyst II 2023-12-24 UMM $8,705.56 $9,141.25 $9,599.60 $10,078.55 $10,583.25 $50.2244 $52.7380 $55.3823 $58.1455 $61.0572 Exempt Mayor 1986-05-20 Elected $200.00 Exempt
Non-Classified Employee-Professional/Technical 2023-01-01 UTE $16.00 $150.00 See Note 3 Office Assistant I 2023-01-01 UTE $16.00 $16.78 $17.59 $18.44 $19.34 Non-Exempt Office Assistant II 2023-01-01 UTE $17.09 $17.94 $18.84 $19.78 $20.77 Non-Exempt Operator-in-Training 2023-01-01 UTE step 5 is set at 20% below a Plant Operator I step 1 Non-Exempt Parks & Recreation Director 2023-12-24 UEM $15,644.67 $19,015.86 $90.2577 $109.7069 Exempt Permit Technician 2023-12-24 CPEA $5,833.20 $6,125.32 $6,431.13 $6,752.91 $7,090.67 $33.6531 $35.3384 $37.1027 $38.9591 $40.9077 Non-Exempt Planning & Building Director 2023-12-24 UEM $15,644.67 $19,015.86 $90.2577 $109.7069 Exempt Plant Operator I 2023-12-24 CPEA $6,437.95 $6,759.25 $7,097.10 $7,452.66 $7,824.77 $37.1420 $38.9957 $40.9448 $42.9961 $45.1429 Non-Exempt Salary schedule as of 2024-07-01 (2)
Item #7.2.
Plant Operator II 2023-12-24 CPEA $7,270.75 $7,634.58 $8,016.13 $8,416.59 $8,837.12 $41.9466 $44.0457 $46.2469 $48.5573 $50.9834 Non-Exempt Police Chief 2023-12-24 UEM $16,847.71 $20,478.46 $97.1983 $118.1450 Exempt Police Lieutenant 2023-12-24 UMM $11,952.12 $12,549.52 $13,176.79 $13,835.99 $14,527.12 $68.9545 $72.4011 $76.0199 $79.8230 $83.8103 Exempt Police Officer 2023-12-24 CPOA $7,359.69 $7,727.35 $8,113.45 $8,519.07 $8,945.29 $42.4598 $44.5809 $46.8084 $49.1485 $51.6074 Non-Exempt Police Officer Trainee 2023-01-01 UTE step 5 is set at 20% below a Police Officer step 1 Non-Exempt Police Technician 2023-01-01 UTE $16.00 $16.78 $17.59 $18.44 $19.34 Non-Exempt Police Sergeant 2023-12-24 CPOA $8,731.64 $9,169.79 $9,626.38 $10,110.08 $10,615.48 $50.3748 $52.9026 $55.5368 $58.3274 $61.2432 Non-Exempt Pool Manager 2023-01-01 UTE $18.73 $19.67 $20.65 $21.68 $22.76 Non-Exempt Public Safety Communications Manager 2023-12-24 UMM $8,066.11 $8,500.70 $8,935.30 $9,369.90 $9,804.50 $46.5353 $49.0425 $51.5498 $54.0571 $56.5644 Exempt Public Safety Community Services Officer 2023-12-24 CPOA $5,794.92 $6,082.59 $6,387.70 $6,708.07 $7,041.51 $33.4322 $35.0919 $36.8521 $38.7004 $40.6241 Non-Exempt Public Safety Dispatch Supervisor 2023-12-24 CPOA $6,708.07 $7,041.51 $7,394.57 $7,763.97 $8,151.90 $38.7004 $40.6241 $42.6610 $44.7921 $47.0302 Non-Exempt Public Safety Dispatcher 2023-12-24 CPOA $5,794.92 $6,082.59 $6,387.70 $6,708.07 $7,041.51 $33.4322 $35.0919 $36.8521 $38.7004 $40.6241 Non-Exempt Public Works Director/City Engineer 2023-12-24 UEM $15,644.67 $19,015.86 $90.2577 $109.7069 Exempt Recreation Aide 2023-01-01 UTE $16.00 $16.78 $17.59 $18.44 $19.34 Non-Exempt Recreation Coordinator 2023-12-24 CPEA $5,254.89 $5,517.40 $5,792.80 $6,082.26 $6,386.96 $30.3167 $31.8312 $33.4200 $35.0900 $36.8478 Non-Exempt Recreation Manager 2024-07-01 UMM $9,831.97 $10,323.57 $10,839.74 $11,381.73 $11,950.81 $56.7229 $59.5591 $62.5370 $65.6638 $68.9470 Exempt Recreation Leader 2023-01-01 UTE $16.56 $17.39 $18.26 $19.17 $20.13 Non-Exempt Senior Accounting Assistant 2023-12-24 CPEA $5,709.92 $5,995.42 $6,295.08 $6,610.00 $6,941.26 $32.9418 $34.5890 $36.3178 $38.1346 $40.0457 Non-Exempt Senior Civil Engineer 2023-12-24 UMM $10,078.55 $10,258.80 $11,112.67 $11,666.81 $12,250.82 $58.1455 $59.1854 $64.1116 $67.3085 $70.6778 Exempt Senior Maintenance Technician 2023-12-24 CPEA $6,592.02 $6,921.79 $7,268.68 $7,631.54 $8,012.66 $38.0309 $39.9334 $41.9347 $44.0281 $46.2269 Non-Exempt Senior Planner 2023-12-24 UMM $9,364.76 $9,832.38 $10,324.72 $10,840.75 $11,383.56 $54.0275 $56.7253 $59.5657 $62.5428 $65.6744 Exempt Senior Planner/Assistant to the City Manager 2023-12-24 UMM $10,324.72 $10,840.75 $11,383.56 $11,952.12 $12,549.52 $59.5657 $62.5428 $65.6744 $68.9545 $72.4011 Exempt Senior Plant Operator 2023-12-24 CPEA $7,973.94 $8,369.50 $8,790.11 $9,229.49 $9,691.40 $46.0035 $48.2856 $50.7122 $53.2471 $55.9119 Non-Exempt Senior Recreation Leader 2023-01-01 UTE $18.73 $19.67 $20.65 $21.68 $22.76 Non-Exempt Speciality Instructor I 2023-01-01 UTE $16.56 $17.39 $18.26 $19.17 $20.13 Non-Exempt Speciality Instructor II 2023-01-01 UTE $18.73 $19.67 $20.65 $21.68 $22.76 Non-Exempt Swim Instructor I 2023-01-01 UTE $16.00 $16.78 $17.59 $18.44 $19.34 Non-Exempt Swim Instructor II 2023-01-01 UTE $17.65 $18.53 $19.46 $20.43 $21.45 Non-Exempt Utilities Systems Superintendent 2023-12-24 UMM $10,701.70 $11,236.27 $11,798.65 $12,387.81 $13,007.87 $61.7406 $64.8246 $68.0691 $71.4681 $75.0454 Exempt Water Conservation Manager 2023-01-01 UTE $27.42 $28.79 $30.23 $31.74 $33.33 Non-Exempt Water Conservation Specialist 2023-01-01 UTE $17.26 $18.12 $19.03 $19.98 $20.98 Non-Exempt Water Conservation Technician 2023-12-24 CPEA $5,052.85 $5,305.65 $5,570.44 $5,849.40 $6,141.44 $29.1511 $30.6095 $32.1372 $33.7465 $35.4314 Non-Exempt Legend
CPEA - Calistoga Public Employees Association
CPFA - Calistoga Professional Firefighters Association
CPOA - Calistoga Police Officers Association
Elected - Mayor & Councilmembers
UCM - City Manager
UEM - Unrepresented Executive Management
UMM - Unrepresented Mid-Management
UTE - Unrepresented Temporary Employee
Notes
1 - Hourly, except FLSA Non-Exempt fire safety, is the Yearly (Monthly x 12) divided by 2,080 hours, rounded to 4 decimal places 2 - Hourly FLSA Non-Exempt fire safety is the Yearly (Monthly x 12) divided by 2,912 hours (2,756 regular hours + 156 overtime hours) 3 - Exempt or non-exempt status under the FLSA is to be reviewed based on the assigned duties and pay; pay is at any value from the minimum to the maximum. 4 - A Temporary Employee working in a classification which not listed in Group UTE receives the same wage/salary schedule as the represented classification 5 - UEM classifications have a minimum and maximum rate; an employee may be at any value from the minimum to the maximum.
Salary schedule as of 2024-07-01 (2)
Item #7.2.
City of Calistoga Fiscal Year 24-25 Budget
Personnel and Staffing
Full Time Personnel by Position
Actuals Actuals Actuals Actuals Actuals Budgeted Proposed Proposed Position FY 17-18 FY 18-19 FY 19-20 FY 20-21 FY 21-22 FY 22-23 FY 23-24 FY 24-25 Accountant 0.00 0.00 0.00 0.00 0.00 1.00 1.00 0.00
Accounting Assistant 0.00 0.00 0.00 0.00 1.00 0.00 0.00 0.00 Administrative Analyst 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Administrative Assistant 1.00 1.00 0.00 0.00 0.00 0.00 0.00 0.00 Administrative Secretary 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Administrative Services Technician 2.00 2.00 2.00 2.00 2.00 4.00 4.00 4.00 Aquatics/Recreation Manager 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Assistant/Associate Planner 0.00 0.00 0.00 0.00 1.00 0.00 0.00 0.00 Assistant/Associate Engineer 0.00 0.00 0.00 0.00 1.00 1.00 1.00 1.00 Assistant City Manager 0.00 0.00 0.00 0.00 0.00 1.00 1.00 1.00 Building Official 1.00 1.00 1.00 1.00 1.00 1.00 0.00 1.00 Chief of Police 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Chief Water Plant Operator 1.00 1.00 1.00 1.00 1.00 1.00 1.00 0.00 City Clerk 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00
City Manager 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00
Code Enforcement Officer 0.00 1.00 0.00 0.00 0.00 0.50 0.00 0.00 Community Services Officer 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Deputy City Manager 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1.00 Deputy Finance Director 0.00 0.00 0.00 0.00 0.00 0.00 1.00 1.00 Deputy Public Works Director 1.00 1.00 0.00 0.00 0.00 0.00 0.00 0.00 Director of Admnistrative Services 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Director of Planning and Building 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Director of Public Works 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Dispatcher 3.00 3.00 3.00 4.00 4.00 4.00 4.00 4.00
Dispatcher Supervisor 1.00 1.00 1.00 1.00 1.00 1.00 0.00 0.00 Dispatcher Manager 0.00 0.00 0.00 0.00 0.00 0.00 1.00 1.00 Executive Secretary to the City Manager 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Executive Assistant to the City Manager 1.00 1.00 0.00 0.00 0.00 0.00 1.00 1.00 Fairgrounds Revitalization Director 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1.00 Fire Chief 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00
Fire Captain 0.00 0.00 1.00 1.00 1.00 2.00 3.00 3.00
Fire Engineer 3.00 3.00 4.00 4.00 4.00 3.00 3.00 3.00
Fire Fighter 2.00 3.00 1.00 1.00 1.00 4.00 3.00 3.00
HR/Finance Specialist 0.00 0.00 1.00 1.00 1.00 0.00 0.00 0.00 Human Resources Manager 0.00 0.00 0.00 0.00 0.00 0.00 1.00 1.00 Maintenance Superintendent 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Maintenance Technician I 2.00 2.00 2.00 2.00 2.00 2.00 2.00 3.00 Maintenance Technician II 4.00 4.00 4.00 3.00 3.00 3.00 3.00 3.00 Maintenance Technician III 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Management Analyst II 0.00 0.00 0.00 0.00 0.00 1.00 0.00 0.00 Permit Technician 0.00 0.00 1.00 1.00 1.00 2.00 2.00 2.00 Plant Operator I 2.00 2.00 1.00 1.00 1.00 1.00 1.00 1.00 Plant Operator II 3.00 3.00 4.00 3.00 3.00 4.00 4.00 4.00 Plant Superintendent 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Police Lieutenant 0.00 0.00 0.00 0.00 1.00 1.00 1.00 1.00 Police Officer 8.00 8.00 8.00 8.00 8.00 9.00 10.00 10.00 Police Sergeant 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 Recreation Services Manager 1.00 0.00 0.00 0.00 0.00 0.00 0.00 1.00 Recreation Coordinator 1.00 2.00 2.00 1.00 2.00 2.00 2.00 2.00 Recreation Director 0.00 1.00 1.00 1.00 1.00 1.00 1.00 0.00 Senior Account Clerk 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Senior Accounting Assistant 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Senior Civil Engineer 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Senior Maintenance Technician 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 Senior Planner 0.00 0.00 0.00 0.00 0.00 1.00 1.00 1.00
Senior Planner/Assistant to the City Manager 1.00 1.00 1.00 0.00 0.00 0.00 0.00 0.00 Senior Plant Operator 0.00 0.00 0.00 0.00 1.00 1.00 1.00 1.00 Senior Police Officer 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total Full Time Funded Personnel by Position 54.00 57.00 55.00 52.00 58.00 66.50 69.00 71.00 Item #7.2.
Amended 7-01-2024 (Resolution 2024-40)
Salary and Benefits – Management
Effective July 1, 2024
Table of Contents Page
1. Covered Positions............................................................................................................................ 2
2. Salaries............................................................................................................................................. 2
2.1 Salary Ranges ................................................................................................................................... 2
2.2 Pay Dates .......................................................................................................................................... 2
2.3 Pay for New or Rehired Employees .................................................................................................. 3
2.4 Pay Upon Promotion ........................................................................................................................ 3
2.5 Pay Upon Demotion ......................................................................................................................... 3
2.6 Pay Upon Reclassification ................................................................................................................. 3
2.7 Merit Increases ................................................................................................................................. 3
2.8 Service Longevity Pay ....................................................................................................................... 3
2.9 Working Out of Class ........................................................................................................................ 4
3. Benefits............................................................................................................................................ 4
3.1 Medical Benefits............................................................................................................................... 4
3.2 Share the Savings / Alternate Health Insurance............................................................................... 4
3.3 Supplemental Retiree Health Insurance Reimbursement................................................................ 4
3.4 Dental Insurance .............................................................................................................................. 6
3.5 Vision Insurance ............................................................................................................................... 6
3.6 Life Insurance ................................................................................................................................... 6
3.7 Disability Insurance .......................................................................................................................... 7
3.8 CalPERS Retirement .......................................................................................................................... 7
3.9 Deferred Compensation – 457 Plan ................................................................................................. 8
3.10 Deferred Compensation – 401(a) Plan ............................................................................................. 8
3.11 Social Security and Medicare ........................................................................................................... 8
3.12 Uniform Allowance........................................................................................................................... 9
4. Incentives and Differentials............................................................................................................. 9
4.1 Bilingual Pay ..................................................................................................................................... 9
4.2 Technology Allowance ...................................................................................................................... 9
4.3 Educational Reimbursement ............................................................................................................ 9
5. Vacation ........................................................................................................................................... 9
6. Sick Leave....................................................................................................................................... 10
7. Management Administrative Leave.............................................................................................. 11
8. Bereavement Leave and Other Leaves.......................................................................................... 11
8.1 Bereavement Leave ........................................................................................................................ 11
8.2 Other Leaves .................................................................................................................................. 12 Item #7.2.
Salary and Benefits – Management Page 2
9. Holidays ......................................................................................................................................... 12 Appendix A – Executive Management Wage Scale....................................................................... 14
1. Covered Positions
This Salary and Benefits Resolution for Management positions covers the following classifications:
• Associate Civil Engineer
• Building Official
• City Clerk
• Code Enforcement Officer
• Deputy City Clerk
• Deputy Finance Director
• Deputy Public Works Director
• Executive Assistant to the City Manager
• Human Resources/Finance Specialist
• Human Resources Manager
• Maintenance Superintendent
• Management Analyst I/II
• Police Lieutenant
• Recreation Manager
• Senior Civil Engineer
• Senior Planner
• Senior Planner/Assistant to the City Manager
• Utilities Systems Superintendent
Employees in a temporary position are excluded.
2. Salaries
2.1 Salary Ranges
Salary ranges and effective dates for Covered Positions are listed in Appendix A.
2.2 Pay Dates
Employees are paid semi-monthly, with pay on approximately the 15th of each month for hours worked from the first through the fifteenth of that same month and paid on approximately the last day of each month for hours worked from the sixteenth through the last day of that same month.
In the event the City moves to biweekly pay periods, the City may mitigate the effects of this pay date move with a one-time advance of one thousand five hundred dollars ($1,500), to be paid back to the City in equal installments over the second, third and fourth paycheck following implementation of biweekly pay periods.
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Salary and Benefits – Management Page 3
2.3 Pay for New or Rehired Employees
An Appointing Authority may appoint a new employee in a Covered Position at any salary step within the employee’s classification; however, any placement above the second salary step requires the City Manager’s approval.
2.4 Pay Upon Promotion
An employee promoted to a Covered Position receives the closest salary step within the employee’s (new) classification which provides at least a five percent (5%) over his/her current (pre-promotion) classification but not exceeding the maximum amount of the promoted classification. The City Manager may, however, grant a promotion salary step that is greater than which is prescribed in this section.
2.5 Pay Upon Demotion
An employee demoted to a Covered Position having a salary range lower than the class or position from which he/she was demoted from shall receive the highest salary step in the new classification which provides a minimum five percent (5%) reduction, but not less than the minimum nor exceeding the maximum of the demoted classification.
2.6 Pay Upon Reclassification
A. If the position is reclassified to a classification with the same salary range, the salary and merit increase eligibility date will not change.
B. If the position is reclassified to a classification with a higher salary range, the reclassification will be considered to be a promotion.
C. If the position is reclassified to a classification with a lower salary range, the reclassification will be considered to be a demotion.
2.7 Merit Increases
A Covered Position shall be considered for a merit increases annually, to be effective, initially, effective the beginning of the pay period closest to the employee’s hire date, and then annually thereafter.
Advancement within the salary range is not automatic for merely completing a specific period of service, but rather based on merit as documented on a performance evaluation form, with said performance evaluation form in a manner prescribed by the City Manager. A merit increase is to the next higher step within the limits of the employee’s classification’s salary range.
A performance evaluation must be submitted within three (3) months following the employee’s last merit increase. If the performance evaluation is not submitted, then performance is deemed to be satisfactory, and the employee will receive a merit increase effective on the scheduled date.
2.8 Service Longevity Pay
An employee in a Covered Position receives a one-time Service Longevity Pay calculated on the employee’s annualized base pay for completion of a specific number of years of service with the City according to the following schedule:
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Completion of “x” years of Calistoga Service Percentage of Annualized Base Pay 5 years 1.5%
10 years 2.0%
15 years 2.0%
20 years 2.5%
25 year, and each 5 years thereafter 2.5%
Service Longevity Pay shall be paid by the City to the employee on the paycheck closest to the hire date anniversary with the City. If the employee has left City service and later returns to City service, then the most recent hire date is used in determining the appropriate payment schedule although all years of service are considered in determining the percentage to be paid.
2.9 Working Out of Class
An employee in a Covered Position working in an out-of-class assignment for more than three (3) consecutive days receives an increase of five percent (5%) within the employee’s current salary range or be placed on a new salary range that provides for a one-step adjustment.
Benefits of the higher classification are not available, and the employee will continue to receive the benefits of the employee’s assigned (i.e., not working out of class) classification.
3. Benefits
3.1 Medical Benefits
Employees in a Covered Position are members of the Public Employees Medical and Hospital Care Act (“PEMHCA” or “PERS Health”) insurance program. The City’s monthly contribution to provide health insurance benefits for the individual employee and the employee’s eligible dependents shall be the minimum payment required by the PEMHCA.
3.2 Share the Savings / Alternate Health Insurance
An employee in a Covered Position who waives health insurance because the employee demonstrates to the City that he/she has alternate health insurance coverage shall receive three hundred dollars ($300) per month. Annually, the employee who participates in this Share the Savings program will need to recertify eligibility by documenting to the City the employee’s alternate health insurance coverage. Effective with payments beginning in January 2023, the Share the Savings amount shall increase from three hundred dollars ($300) to four hundred dollars ($400) per month.
3.3 Supplemental Retiree Health Insurance Reimbursement A. Eligibility
1. The City offers a Supplemental Retiree Health Insurance Reimbursement for eligible unrepresented employees of:
• City Clerk
• Administrative Analyst/Deputy City Clerk
• Maintenance Superintendent
• Utilities Systems Superintendent
• Police Lieutenant
• Senior Civil Engineer
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• Associate Civil Engineer
•
2. An eligible employee must have a minimum of ten (10) years of continuous service with the City and has been continuous employed since April 21, 2015 or earlier.
B. Benefit
1. The City’s reimbursement is calculated at the rate of three percent (3%) per City service years to a rate of three and one-half percent (3.5%) per City service years after twenty years of continuous City service.
Years of Continuous
Service with City
Total Percent of Combined
Required CalPERS Retiree
Contribution and City Supplemental
Reimbursement for Single Kaiser
Premium for 3% per year
Total Percent of Combined
Required CalPERS Retiree
Contribution and City Supplemental
Reimbursement for Single Kaiser
Premium for 3.5% per year
10 30.0%
11 33.0%
12 36.0%
13 39.0%
14 42.0%
15 45.0%
16 48.0%
17 51.0%
18 54.0%
19 57.0%
20 70.0%
21 73.5%
22 77.0%
23 80.5%
24 84.0%
25 87.5%
26 91.0%
27 94.5%
28 98.0%
29 100%
30 and greater 100%
2. Retirees must be eligible for CalPERS Retiree Medical Coverage and required City retiree premium payment. This means that the retiree must retiree from the City of Calistoga, be vested in CalPERS, and continue participation in CalPERS PEMHCA within one hundred twenty (120) days of retirement.
3. Supplemental Retiree Health Insurance Reimbursement amount based on difference of the required CalPERS Retiree premium payment as a percentage to the Kaiser single premium (of the plan offered within Napa County) and the percentage in the table above based on years of continuous City service at time of retirement.
In no event will the combined CalPERS premium payment and City Supplemental Reimbursement be greater than 100% of the Kaiser single premium (of the plan offered within Napa County).
4. Continuous City employment means from initial hire date to date of retirement. If the retiree left City employment and then returned, the subsequent date of hire will begin a new period of employment for the determination of continuous City Item #7.2.
Salary and Benefits – Management Page 6
employment. This would not include statutory leaves for military, industrial disability, extended sick of Family Medical.
5. Supplemental payments will continue as long as the retiree in participating in CalPERS PEMHCA to when eligible for Medicare coverage.
6. Eligibility for the Supplemental Retiree Health Insurance Reimbursement will be authorized by the City Manager upon notification that the retiree is continuing to participate in the CalPERS PEMHCA.
7. Supplemental Retiree Health Insurance Reimbursement will be made on a monthly basis, in arrears, as a direct deposit or check to the retiree based on information provided by CalPERS on retiree participation in CalPERS PEMHCA.
3.4 Dental Insurance
An employee in a Covered Position is eligible for dental insurance coverage for the employee and eligible dependents beginning the first of the monthly following appointment with the City.
3.5 Vision Insurance
An employee in a Covered Position is eligible for vision insurance coverage for the employee and eligible dependents beginning the first of the month following appointment with the City.
3.6 Life Insurance
An employee in a Covered Position is eligible for life/accidental death and dismemberment insurance coverage for the employee beginning the first of the month following appointment with the City. The City pays 100% of the monthly premium for the life insurance. The life insurance policy is valued at 1x the employee’s annual salary.
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The City may offer supplemental life insurance policies, at the employee’s cost, for additional life insurance coverage for the employee and/or the employee’s eligible dependents.
3.7 Disability Insurance
An employee in a Covered Position is eligible for disability insurance for the employee beginning the first of the month following appointment with the City. The City pays 100% of the monthly premium for the disability insurance. The policy provides a benefit equal to 66-2/3% of the employee’s first $1,500 of salary, less deductible income, if the employee is unable to work due to injury/illness lasting seven (7) days or longer.
3.8 CalPERS Retirement
A. Employees Hired Before May 1, 2012
For employees hired before May 1, 2012 only, the City shall provide employees with retirement coverage through the Public Employees’ Retirement System (PERS) including the following:
• Government Code §20965, Sick Leave Service Credit, and • Either:
o Government Code §21354.4 – 2.5% @ 55 formula for PERS “miscellaneous” members (i.e., non-safety employees), or
o Government Code §21354.3 – 3% @ 55 formula for PERS fire safety members, or
o Government Code §21354.3 – 3% @ 55 formula for PERS police safety members B. Employees Hired on or after May 1, 2012 and Before January 1, 2013, or Employees who qualify for PERS Reciprocity
For employees hired on or after May 1, 2012 and before January 1, 2013, as well as for employees who qualify for pension reciprocity pursuant to Government Code §7522.02(c) and any related reciprocity requirements established by PERS, the City shall provide retirement coverage of:
• Government Code §20965, Sick Leave Service Credit, and • Either:
o Government Code §21353 – 2% @ 60 formula for PERS “miscellaneous” members (i.e., non-safety employees),or
o Government Code §21369 – 2% @ 55 formula for PERS fire safety members, or o Government Code §21369 – 2% @ 55 formula for PERS police safety members C. Employees Hired on or After January 1, 2013
For employees hired on or after January 1, 2013 who do not qualify for pension reciprocity pursuant to Government Code §7522.02(c) and any related reciprocity requirements established by PERS, the City shall provide retirement coverage of:
• Government Code §20965, Sick Leave Service Credit, and • Either:
o Government Code §7522.20 – 2% @ 62 formula for PERS “miscellaneous” members (i.e., non-safety employees), or
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Salary and Benefits – Management Page 8
o Government Code §755.25 – 2% @ 57 formula for PERS fire safety members, or o Government Code §755.25 – 2% @ 57 formula for PERS police safety members D. Employee Contributions
All employees shall pay the full employee’s share of PERS employee contribution as determined by PERS; the City shall not pick up any portion of the required employee contribution.
3.9 Deferred Compensation – 457 Plan
An employee in a Covered Position may make a voluntary payroll deduction into the Internal Revenue Code 457 deferred compensation plan, subject to the contribution limits established by the Internal Revenue Service.
3.10 Deferred Compensation – 401(a) Plan
A fire safety employee and a police safety employee in a Covered Position who is either a) a PEPRA tier participant in the City’s CalPERS Retirement Plan or b) a Class Tier II participant in the City’s CalPERS Retirement Plan receives a five percent (5%) of pre-tax base salary contribution to the Calistoga 401(a) Money Purchase Plan account, up to the annual limit under IRC §415(c), which is equal to the lesser of (i) one hundred percent (100%) of each said PEPRA employee’s IRC 415 compensation or (ii) the dollar limit in effect for the year.
These contribution limits are inclusive of the contributions of City, which also includes any other 401(a) accounts said PEPRA employees hold with the City or any other entities related to the City that meets the controlled group rules under IRC §414(b), the common control rules under IRC §414(c), or the affiliated service group rules under IRC §414(m) as set forth in the Internal Revenue Code.
Because the City’s contribution is derived from base salary, the City’s dollar contribution 401(a) Money Purchase Plan account shall increase with any increase to the employee’s base salary, subject to the contribution limits set forth above.
In no event will the City contribution exceed five percent (5%) of the employee’s pre-tax base salary.
No employee contribution is permitted to the employee’s Calistoga 401(a) Money Purchase Plan account.
3.11 Social Security and Medicare
Each employee in a Covered Position has coverage under Federal Social Security in accordance with the provisions of law. The system requires contributions by both the employee and City in accordance with schedules provided by the federal government.
Each employee in a Covered Position has coverage under Medicare in accordance with the provisions of law. The system requires contributions by both the employee and City in accordance with schedules provided by the federal government. //
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3.12 Uniform Allowance
The City Manager is authorized to provide a fire safety management employee with uniforms, uniform cleaning and replacement, and/or a uniform allowance in the same manner as the City provides uniforms, uniform cleaning and replacement to fire safety employees represented by the California Professional Firefighters’ Association.
The City Manager is authorized to provide a police safety management employee with uniforms, uniform cleaning and replacement, and/or a uniform allowance in the same manner as the City provides uniforms, uniform cleaning and replacement to police safety employees represented by the California Police Officers’ Association.
4. Incentives and Differentials
4.1 Bilingual Pay
Each employee in a Covered Position who qualified shall receive five percent (5%) of base salary as bilingual differential at the discretion of the City Manager. Generally, bilingual skills should be relevant to the provision of City services in the City of Calistoga. An employee shall be deemed qualified who is determined by the City to be fluent in an appropriate language as determined by the City Manager.
4.2 Technology Allowance
Each employee in a Covered Position receives one hundred dollars ($100) per month technology allowance for use of the employee’s personal internet, laptop and cellphone services to conduct City business.
4.3 Educational Reimbursement
An employee in a Covered Position is eligible to receive up to one thousand dollars ($1,000) per fiscal year for reimbursement of expenditures on tuition, books, travel and any other costs associated with the employee’s successful completion of any professional or educational program approved by the City Manager. This benefit is funded at the maximum “pooled” total of five thousand dollars ($5,000) per fiscal year and is available beyond employees in a Covered Position (see other employees’ collective bargaining agreements and/or other salary/benefit documents for other employees’ eligibility for pooled dollars) on a first-come, first-served basis.
Once the total annual benefit amount is reached, the benefit is no longer available to any employee until the next fiscal year.
5. Vacation
A. The City believes that its employees and the City benefit when employees have scheduled time away from work for relaxation and recreation. In order to provide for such absence without concern for continuation of pay, the City has adopted the following paid vacation leave plan for employees in Covered Position:
Years of City Service Hours per Year Maximum Accrued Hours 1 through 3 80 hours 240 hours
4 through 6 120 hours 360 hours
7 or more 160 hours 480 hours
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The City Manager may place an employee in a Covered Position on the vacation accrual schedule based on the employee’s total years of public service experience.
An employee shall not accrue vacation once the accrued vacation hours have been reached (i.e., three times the annual accrual rate). An employee who had exceed the maximum begins to accrue vacation when the employee’s balance is reduced below his/her maximum.
Vacation leave shall be taken with the employee’s Appointing Authority’s approval.
Vacation shall not include any official City holidays when occurring during the scheduled vacation period.
Upon employment separation from the City, an employee receives pay for his/her current vacation leave balance at the employee’s equivalent hour rate of base pay.
B. Prior to the beginning of next calendar year, an employee wishing to cash out up to eighty (80) hours of vacation accruals may make such a request before the end of the current calendar year. The election is irrevocable. Payment will be made upon the employee’s request, before December 31 of the next calendar year, but no sooner than at the time the employee has accrued the number of vacation hours requested to be cashed out.
6. Sick Leave
A. The City provides a sick leave program for the purpose of minimizing the economic hardships that may result from unexpected personal or dependent illness or injury. It is not intended for incidents of minor discomfort.
B. Accrual. Sick leave shall be accrued at the rate of eight (8) hours for each calendar month of service.
C. Use. Sick leave may be used for personal illness or injury, emergency, or routine medical or dental appointments, and for reasonable travel time to and from health care facilities.
D. Family Care. Up to twenty-four (24) hours of sick leave may be used per calendar year to care for members of the Employee’s immediate family who are ill or injured. Immediate family means: parent, step-parent, and any other family member living in the same household as the Employee.
E. Personal Leave. Employees have the option of taking a maximum of up to three (3) days sick leave each year as personal leave days. An Employee may take personal leave if the Employee has a current sick leave balance that is at least equal to the number of personal leave days the Employee opts to take. Employees are required to obtain approval from the City Manager prior to taking personal leave.
F. Buy-Out. On completion of the fifth (5th) year of service, based on the anniversary date of initial hire, City may purchase from each Employee covered hereunder all but fifteen (15) of the accumulated sick leave days for non-safety Employees and twenty (20) of the accumulated sick leave days for safety Employees, at the rate of twenty-five percent (25%) of the covered Employee’s then existing wage. At each Employees’ option, said buy-out may Item #7.2.
Salary and Benefits – Management Page 11
occur earlier than set forth hereinabove, so long as the buy-out occurs on or about the anniversary date of initial hire and there remains a minimum sick leave bank of fifteen (15) accumulated days. Employees who are absent without pay for any reason for more than ten (10) working days during a calendar month shall not accumulate sick leave for that month. If an Employee’s employment is terminated for any reason, there will be deducted from the final check the amount of sick leave taken during employment with City in excess of the amount accrued.
7. Management Administrative Leave
A. In recognition that their responsibilities occasionally require work in excess of the normal forty (40) hour work week, FLSA-exempt employees receive an Administrative Leave benefit.
This is in lieu of any payment or compensatory time off for work performed in excess of forty (40) hours per week.
B. Eighty (80) hours of Administrative Leave shall be granted annually to an employee in a Covered Position effective January 1 of each calendar year.
A new employee receives a pro-rata lump sum number of Administrative Leave hours based on the number of full pay periods remaining in the calendar year.
An employee who works less than full-time receives Administrative Leave on a pro rata basis.
An employee who promotes into a Covered Position and has unused accrued compensatory time off will be paid off for all accrued compensatory time off (CTO) hours based on the equivalent hourly rate of pay of the classification last held. A management employee who receives Administrative Leave and who is promoted into a Covered Position receives the full calendar year allotment of Management Administrative Leave less the non-Management Administrative Leave the employee already received for that calendar year.
C. Subject to advance approval by the employee’s Appointing Authority, Administrative Leave may be taken at any time during the calendar year and must be taken within the calendar year in which it is given.
D. No employee shall carry over Administrative Leave from one calendar year to another.
E. There is no cash out of Administrative Leave.
8. Bereavement Leave and Other Leaves
8.1 Bereavement Leave
Employees may have three (3) work days leave of absence for each death in their immediate family for the purpose of bereavement and for the arranging of, and attendance at, the funeral.
Immediate family means:
• Father
• Mother
• Father in-law
• Spouse
• Domestic partner
• Child
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• Mother in-law
• Stepparent where there is a child rearing
relationship
• Grandparent
• Brother
• Sister
• Brotherin-law
• Sister in-law
• Employee is a parent in a child rearing
relationship
• Stepchild where there is a child rearing
relationship
• Grandchild
If an Employee must attend a funeral more than five hundred (500) miles from the City, or if the death is to a member of the Employee’s extended family, then the Employee has the option to use up to three (3) days of sick leave from his/her current sick leave balance in addition to any leave provided above.
The Employee may be required to submit proof of the relative’s death before final approval of leave with pay is granted.
8.2 Other Leaves
Consult the City’s Personnel Rules for leaves that apply to employees in Covered Positions:
• Jury Duty
• Witness Duty
• Maternity Leave
• Unpaid Leave of Absence
• Military Leave
• Medical Leave – Non-Occupational
• Medical Leave – Work-Related
• Time Off to Vote
9. Holidays
A. The City recognizes the following days as official City holidays and employees in a Covered Position normally scheduled to work on these days will be given the day off with pay:
• New Year’s Day January 1
• Martin Luther King Jr. Birthday 3rd Monday in January • Presidents’ Day 3rd Monday in February
• Memorial Day Last Monday in May
• Juneteenth June 19
• Independence Day July 4
• Labor Day 1st Monday in September
• Veterans’ Day November 11
• Thanksgiving Day 4th Thursday in November
• Day after Thanksgiving
• Christmas Eve December 24
• Christmas Day December 25
Item #7.2.
Salary and Benefits – Management Page 13
B. If one of the holidays listed above falls on a Sunday, then it shall be observed on the following Monday. If one of the holidays listed above falls on a Saturday, then it shall be observed on the previous Friday.
C. When a day is proclaimed by the Mayor of the City for a day of mourning, or holiday, then each employee in a Covered Position is granted time off with pay from his/her scheduled hours.
D. An employee in a Covered Position receives two (2) floating holidays (total 16 hours) per calendar year, which may be taken at a time mutually agreeable to the employee and the City Manager. Unused floating holiday time is not carried over into the following calendar year. Employees hired between May 1 and August 31 are credited with twelve (12) hours of floating holiday time for that calendar year, and employees hired between September 1 and December 31 are credited with eight (8) hours of floating holiday. Unused floating holiday hours have no cash value upon an employee’s separation from City employment.
Item #7.2.
Salary and Benefits – Management Page 14
Appendix A
Management Wage Scale
1. Effective January 1, 2023, the base wages of the following classifications shall be adjusted to:
Classification Monthly-1 Monthly-2 Monthly-3 Monthly-4 Monthly-5 FLSA Associate Civil Engineer $8,659 $9,092 $9,546 $10,024 $10,525 Exempt Building Official $10,024 $10,525 $11,052 $11,604 $12,184 Exempt City Clerk $9,320 $9,785 $10,275 $10,789 $11,327 Exempt Code Enforcement Officer $6,462 $6,786 $7,126 $7,479 $7,855 Non-Exempt Deputy City Clerk $7,480 $7,854 $8,247 $8,659 $9,092 Exempt Deputy Public Works Director $11,052 $11,604 $12,184 $12,793 $13,433 Exempt Executive Assistant to the City Manager $5,722 $6,006 $6,308 $6,623 $6,954 Non-Exempt Human Resources/Finance Specialist $7,126 $7,479 $7,852 $8,245 $8,660 Non-Exempt Maintenance Superintendent $9,283 $9,747 $10,234 $10,746 $11,283 Exempt Management Analyst I $7,302 $7,667 $8,051 $8,452 $8,875 Exempt Management Analyst II $8,452 $8,875 $9,320 $9,785 $10,275 Exempt Police Lieutenant $11,604 $12,184 $12,793 $13,433 $14,104 Exempt Senior Civil Engineer $9,785 $10,274 $10,789 $11,327 $11,894 Exempt Senior Planner $9,092 $9,546 $10,024 $10,525 $11,052 Exempt Senior Planner/Assistant to the City Manager $10,024 $10,525 $11,052 $11,604 $12,184 Exempt Utilities Systems Superintendent $10,390 $10,909 $11,455 $12,027 $12,629 Exempt
2. Effective January 1, 2023, the Management classifications listed above shall receive a lump sum payment of one thousand dollars ($1,000). The City intends that the lump sum payment is not subject to CalPERS reporting of benefits. A part-time employee shall receive a pro-rata amount based on the employee’s full-time equivalence. Temporary employees do not qualify for any lump sum payment.
3. Effective the beginning of the pay period which includes January 1, 2024, the base wages set forth in this Appendix A, paragraph 1, above, shall be increased by the San Francisco-OaklandHayward Consumer Price Index, all urban consumers (CPI-U) for the October 2023 twelve-month increase with such wage increase to be a minimum of three percent (3%) and a maximum of five percent (5%).
4. Effective the beginning of the pay period which includes January 1, 2025, the base wages set forth in this Appendix A, paragraph 3, above, shall be increased by the San Francisco-OaklandHayward Consumer Price Index, all urban consumers (CPI-U) for the October 2024 twelve-month increase with such wage increase to be a minimum of three percent (3%) and a maximum of five percent (5%).
5. The hourly rate is calculated by multiplying the monthly pay rate by twelve (12) months and dividing that value by two thousand eighty (2,080) hours.
Item #7.2.