Agenda Packet — Salinas City Council, December 9, 2025 (part 6 of 7)

GENERAL SERVICE

WARRANTY INFORMATION
Rear Drive Tandem/Tridem Axles – 2/Unl/P&L
MT-34-14X /P
MT-40-14T/P
MT-40-14X /P
MT-44-14X /P
RT-46-169
MT-52-616
RT-52-185
1 MT-58-616
RT-58-185
1 MT-70-380
RZ-188
1 Each vehicle must have a Request for Application Recommendation (RAR) approved by Cummins-Meritor prior to vehicle build. All RARs must identify the chassis number or V
IN. R
efer t
o P
roduct I
nformation L
etter #
303 a
nd #
396 f
or f
urther d
etails.

Rear Drive Tandem/Tridem – 3/Unl/P&L
RT-40-160/P RT-46-160/P RT-46-164/P RT-50-160/P RZ-166
Rear Drive Axles – 1/Unl/P&L
RND-14H RND-16A
PTO – 1/Unl/P&L
MPT-170
MPT-180
MPT-185
MPT-309
MPT-500
MPT-518
MPT-1702
Brake Components
Cam Q Series Trailer Brakes1 3/ Unl/P, 1/Unl/L
Cam P2 2/200/P
Ca
m 3
/Unl/P
Q+ Drum Brake™ 3/Unl/P&L
Q+ D
rum Brake™1,2 2/200/P&L
ASA 3
/Unl/P
ASA2 2/200/P
Hu
bs/Cast Drums and Other Wheel-End Components 1/
Unl/P
Hydraulic D
isc B
rakes 1/Unl/P
All Other Brakes 1/
Unl/P
STEELite X30 Drum Brake™3 12-Years or Wearable Life/P
E
X+ Air Disc Brake™4 2/Unl/P&L
1 For Trailer only, 3/300/P against rust jacking when equipped with Platinum Sh
ield I
II o
r C
hassis P
rotect.
2 Applies to Tour Bus and Cross Country Coach only.
3 Based on stamped wear diameter max.
4 Warranty coverage for boots, seals, caps, bushings and pins is 2/200/P.

Wa
rranty c
overage f
or p
ads i
s 1
/100/P.

Drivelines
RPL 4/ 400/P , 1/Unl/P&L
MXL 3/
350/P , 1/Unl/P&L
92N 1/
Unl/P
Rear Drive Single Axles – 2/Unl/P&L
MS-17-13X
MS-17-14X
MS-19-13X
MS-19-14X
MS-21-13X
MS-21-14X
MS-23-17X
RS-21-160
RC-23-160
RC-23-161
RC-23-162
1 RC-23-1651
RS-23-160
RS-23-161
RS-23-185
RS-23-186
RS-24-160
RC-25-160
RS-26-185
MS-26-616
MS-26-616-SP
RS-30-185
MS-30-616
MS-30-616-SP
RS-35-380
1 3/Unl/P&L if PreSet by Cummins-Meritor.
8 Trailer Axles1
Beam and Brackets2 5/ Unl/P, 1/Unl/L
TPX4000 A
xle S
eries3 10 /Unl/P, 1/Unl/L
Wheel E
nd S
ystems4
Standard System5 1/Unl/P&L
A
xlePak5 5/Unl/P&L
AxlePak76 7/Unl/P&L
A
xlePak107 10/ Unl/P&L
1 For brake components and ABS coverage, refer to appropriate product w
arranties.
2 9000 Series is 3/Unl/P , 1/Unl/L
3 Structural components only excluding spindle wear. Spindle wear 5/Unl/P, 1/Unl/L.
4 Includes hub, wheel seals and wheel bearings—all systems require annual in
spections a
nd p
roper d
ocumentation t
o e
nsure f
ull c
overage.
5 When installed by Cummins-Meritor.
6 When specified with AxlePak7 wheel end system, coverage on Meritor Tire In
flation S
ystem (
MTIS) t
hru-tee a
nd s
tator i
s 7
/Unl/P, 1
/Unl/L.
7 AxlePak10 is li mited to In termodal Ch assis ap plications eq uipped wi th TP X4000 ser
ies ax
les.

TAG/Pusher Axles1
TQ, TR Beam and Brackets 3/ Unl/P , 1/Unl/L
MC14002, MC16003, FH946 2 2/Unl/P&L
1 For brake components coverage, refer to appropriate product warranties. 2 3/Unl/P&L if sold with PreSet by Cummins-Meritor.

Meritor Tire Inflation System
(MTIS)
MTIS Components 5/ Unl/P , 1/Unl/L
Trailer Mechanical Suspension
Systems
1 IMS40 (Integrated Mechanical Suspension – Tandem)2 1/Unl/P&L IMS20 (
Integrated M
echanical S
uspension – S
ingle)2 1/Unl/P&L
1 For axle coverage, refer to appropriate product warranties. 2 All other suspension components refer to appropriate manufacturer’s warranty.

Trailer Air Suspension Systems1
MPA40 (Tandem Axle Parallelogram)2
Major Structural Components 5/ Unl/P, 1 /Unl/L
Curbing D
amage W
arranty3 5/ 500/P , 1/100/L
He
ight Control Valve 1/
Unl/P&L
Sh
ock Absorbers 2/
Unl/P&L
Ai
r Springs 2/
Unl/P , 1/Unl/L
Bu
shings 5/
P , 3/L
Pin
Loc Air Controls 1/
Unl/P&L
Pin
Loc Actuator 3/
Unl/P&L
MPA20 (
Single A
xle P
arallelogram)
Major S
tructural C
omponents 5/Unl/P, 1
/Unl/L
Height Control Valve 1/
Unl/P&L
Sh
ock Absorbers 2/
Unl/P&L
Ai
r Springs and Rebound Straps 2/
Unl/P , 1/Unl/L
Bu
shings 5/
P , 3/L
MTA an
d M
TA-Tec6 T
railing A
rm S
uspension S
ystem
Major S
tructural C
omponents 5/Unl/P, 1
/Unl/L
He
ight Control Valve 1/
Unl/P&L
Ai
r Springs 2/
Unl/P , 1/Unl/L
B
ushings4 5/ Unl/P, 3/Unl/L
Sh
ock Absorbers 2/
Unl/P&L
Lift K
it S
ystem 1/Unl/P&L
1 For axle coverage, refer to appropriate product warranties. 2 Fastener torque coverage is limited to 2/Unl/P&L when torqued by Cummins- Me
ritor.
3 “Curbing damage” is defined as deformation (bending, buckling or breakage), ca
used b
y s
udden i
mpact w
ith a c
urb o
r s
imilar fi
xed o
bject. D
amage t
o t
he
Ri
deSentry s
lider b
ox (
the s
uspension s
liding s
ub-frame, c
onsisting o
f t
he f
rame
ra
ils, c
ross-members a
nd c
entral A
-frame a
ssembly), c
aused b
y a
ccidental
tr
ailer i
mpact w
ith a c
urb o
r s
imilar fi
xed o
bject, i
s e
ligible f
or w
arranty
co
verage. D
amage t
o o
ther c
omponents o
r d
amage r
esulting f
rom c
ollision w
ith
an
other v
ehicle, r
ollover o
r fi
re i
s n
ot c
overed u
nder t
his p
rovision. W
arranty i
s
no
t t
ransferable t
o a
nother t
railer V
IN a
nd c
overage d
oes n
ot a
pply i
f t
he t
railer
is d
eemed t
o b
e a t
otal l
oss, s
crapped o
r o
therwise n
ot s
alvageable.
4 Raw wood applications 3/Unl/P, 1/Unl/L

GENERAL SERVICE

WARRANTY INFORMATION
9 Heavy Service/Specialty Vehicles
Airport Rescue Fire
F
ighting (
ARFF)
Airport Shuttle1
Asphalt Truck
Block Truck
Bottom Dump Trailer
C
ombination
Cementing Vehicle
Commercial Pick-Up
Concrete Pumper
Construction Material Hauler
Mixer
Demolition
Drill Rig
Dump
Equipment Hauling
Flatbed Trailer Hauler
Flatbed Truck
Fracturing Truck
Front Loader
Geophysical Ex ploration
Hopper Trailer Combinations
Landscaping Truck
Liquid Waste Hauler
Log Hauling
Lowboy
Michigan Special Gravel
Tr
ain
Michigan Special Log Hauler
Michigan Special Steel
H
auler
Michigan Special Waste
V
ehicle
Municipal Dump
Rear Loader (Refuse)
Recycling Truck
Residential Pic k-Up (R efuse)
Rigging Truck
Roll-Off
Scrap Truck
Semi-End Dump
Sewer/Septic Va cuum
Shuttle Bus1
Side Loader
Snowplow/Snowblower
Steel Hauling
Tanker
Tank Truck
Tractors with Pole Trailers
Tractor/Trailer wi th Jeeps
Transfer Dump
Transfer Vehicle
Utility Truck
Winch Truck
1 Commercial chassis only
Heavy Service/Specialty Vehicle
Typically Is:

Moderate mileage operation (less than 60,000 miles per year) On/off-road vocations (10% or more off-road)
Moderate to frequent stops/starts (up to 10 stops per mile) An average of three (3) miles between starting and stopping Front Non-Drive Steer Axles – 2/Unl/P&L
FD-965
FF-941
FF-942
FF-943
FF-944
FF-946
FF-961
FF-966
FF-967
FG-941
FG-943
FH-941
FH-946
F L-9 41
FL -943
MFS-6-151A-N
MFS-6-153B
MFS-6-162B
MFS-6-162C
MFS-7-113C-N
MFS-7-153C-N
MFS-7-163C-N
MFS-8-113B-N
MFS-8-153B-N
MFS-8-163B-N
MFS-10-122A
MFS-10-143A-N
MFS-10-144A-N
MFS-12-122
MFS-12E-122
MFS-12-122B-N
MFS-12E-122B-N
MFS-12-122C-N
MFS-12E-122C-N
MFS-12-124A-N
MFS-12-132B-N
MFS-12E-132B-N
MFS-12-132C-N
MFS-12E-132C-N
MFS-12-143A-N
MFS-12-144A-N
MFS-12-155
MFS-13-122
MFS-13-122B-N
MFS-13B-122B-N
MFS-13-122C-N
MFS-13B-122C-N
MFS-13-132B-N
MFS-13B-132B-N
MFS-13-132C-N
MFS-13B-132C-N
MFS-13-143A-N
MFS-13-144A-N
MFS-13-155
MFS-14-122
MFS-14-122B-N
MFS-14F-122B-N
MFS-14G-122B-N
MFS-14-122C-N
MFS-14F-122C-N
MFS-14G-122C-N
MFS-14-124A-N
MFS-14-132B-N
MFS-14F-132B-N
MFS-14G-132B-N
MFS-14-132C-N
MFS-14F-132C-N
MFS-14G-132C-N
MFS-14-142B-N
MFS-14F-142B-N
MFS-14G-142B-N
MFS-14-142C-N
MFS-14F-142C-N
MFS-14G-142C-N
MFS-14-143A-N
MFS-14-144A-N
MFS-16-122A-N
MFS-16-133A-N
MFS-16-135A-N
MFS-16-143A-N
MFS-18-133A-N
MFS-18-135A-N
MFS-18-192A-N
MFS-18-193A-N
MFS-20-133A-N
MFS-20-135A-N
MFS-20-192A-N
MFS-20-193A-N
MFS-22-135A-N
MFS-22H-135A-N
MFS-22-193A-N
MFS-22H-193A-N
RF-16-145
RF-21-160

HEAVY SERVICE/SPECIALTY VEHICLE

WARRANTY INFORMATION
Coverage under Cummins-Meritor’s warranty require that
the application of products be properly approved pursuant to OEM and Cummins-Meritor approvals. Refer to TP-9441
for axles, SP-8320 for trailer axles, TP-12126 for drivelines and/or contact Cummins-Meritor regarding specific
application approval questions on any product line.
10 Rear Drive Axles – 2/Unl/P&L
MS-17-14X
MS-19-14X
MS-21-14X
RS-21-160
RC-23-160
RH-23-160
RS-23-160
RC-23-161
RS-23-161
RS-23-185
RS-23-186/380
RS-24-160
RC-25-160
RS-25-160
MS-26-616
MS-26-616-SP
RS-26-185/380
RC-26-633
MS-30-616
MS-30-616-SP
RS-30-185/380
MS-35-380
RS-38-380
MT-58-616
MT-58-616-SP
Rear Drive Axles – 1/Unl/P&L
RND-14H RND-16A
Rear Drive Tandem/Tridem Axles – 2/Unl/P&L
MT-34-14X /P
MT-40-14T/P
MT-40-14X /P
MT-44-14X /P
RT-46-169
RT-58-160
MT-52-616
MT-52-616-SP
RT-52-185/380
1,2
MT-58-616
MT-58-616-SP
RT-58-185/380
1,2
RT-70-380
MT-70-380
RZ-188
1 Axle model designated will vary according to options and variations specified on these axles. Contact Cummins-Meritor Axle Applications Engineering for details. 2 Each vehicle must have a Request for Application Recommendation (RAR) approved by Cummins-Meritor prior to vehicle build. All RARs must identify the chassis number or VI
N. R
efer t
o P
roduct I
nformation L
etter #
303 a
nd #
396 f
or f
urther d
etails.

Rear Drive Tandem/Tridem – 3/Unl/P&L
RT-40-160/P/A3 RT-46-160/P/A1,3 RT-46-164/P2,3 RT-50-160/P/A3 RZ-166 1 U.S. only. Canadian warranty = 1/Unl/P for combination vehicles only. 2 Axle model designated will vary according to options and variations specified on these axles. Contact Cummins-Meritor Axle Applications Engineering for details. 3 Each vehicle must have a Request for Application Recommendation (RAR) approved by Cummins-Meritor prior to vehicle build. All RARs must identify the chassis number or VI
N. R
efer t
o P
roduct I
nformation L
etter #
303 a
nd #
396 f
or f
urther d
etails.

Front Drive Steer Axles – 1/Unl/P&L
MX-08-130-FV (F SD-08A)
MX-10-130-FV (F
SD-10A)
MX-12-130-FV (F
SD-12A)
MX-13-130-FV (F
SD-13A)
MX-14-130-FV (F SD-14A)
MX-16-130-FV (F
SD-16A)
MX-18-130-FV (F
SD-18A)
MX-18-130-SD (S
DA-1800)
MX-20-130-FV (F SD-20A)
MX-21-130-FV (
FSD-21A)
MX-21-130-SD (
SDA-2100)
MX-23-130-FV (F
SD-23A)
MX-23-130-SD (S DA-2300)

HEAVY SERVICE/SPECIALTY VEHICLE

WARRANTY INFORMATION
MX-10-120
MX-10-120 EVO
MX-12-120
MX-12-120 EVO
MX-14-120
MX-14-120 EVO
MX-16-120
MX-18-120
MX-17-140
MX-19-140
MX-21-140
MX-21-160
MX-23-160
MX-23-810
Front Drive Steer Axles – 2/Unl/P&L
MPT-170
MPT-180
MPT-185
MPT-309
MPT-500
MPT-518
MPT-1702
PTO – 1/Unl/P&L
11 Drivelines
RPL 3/ Unl/P , 1/Unl/P&L
92N 1/
Unl/P&L
MXL 1/
Unl/P&L
Transmission – 1/Unl/P&L
FAT 30
Brake Components
Cam P 3/ Unl/P
Cam P 2/
100/P
Cam Cast Plus™ 2/100/P&L
Q+ D
rum Brake™1 3/Unl/P&L
Q+ D
rum Brake™2 2/100/P&L
ASA 3
/Unl/P
ASA2 2/100/P
Hu
bs/Cast Drums and Other Wheel-End Components 3 1/Unl/P
Hy
draulic D
isc B
rakes 1/Unl/P
All Other Brakes 1/
Unl/P
EX+ Air Disc Brake4 2/100/P&L
1 For Trailer only, 3/300/P against rust jacking when equipped with Platinum Sh
ield I
II.
2 Applies to City Bus, Trolley, Shuttle Bus and Airport Shuttle only. 3 Based on stamped wear diameter max.
4 Warranty coverage for boots, seals, caps, bushings and pins is 2/100/P.

Wa
rranty c
overage f
or p
ads i
s 1
/100/P.

Trailer Axles1
Beam and Brackets2 5/ Unl/P, 1/Unl/L
Wheel E
nd S
ystems3
Standard System4 1/Unl/P&L
1 For brake components coverage, refer to appropriate product warranties. 2 9000 Series is 3/Unl/P , 1/Unl/L
3 Includes hub, wheel seals and wheel bearings—all systems require annual in
spections a
nd p
roper d
ocumentation t
o e
nsure f
ull c
overage.
4 When installed by Cummins-Meritor.

Trailer Air Suspension Systems1
MTA and MTA-Tec6 Trailing Arm Suspension System
M
ajor S
tructural C
omponents2 5/ 500/P , 1/100/L
He
ight Control Valve 1/
100/P&L
Ai
r Springs 2/
200/P , 1/100/L
B
ushings2 5/ 500/P , 3/300/L
Sh
ock Absorbers 2/
200/P&L
Lift K
it S
ystem 1/100/P&L
1 For axle coverage, refer to appropriate product warranties. 2 Raw wood applications 3/Unl/P, 1/Unl/L
Meritor Tire Inflation System
(MTIS)
MTIS Components 5/ Unl/P , 1/Unl/L
Gearboxes – 1/Unl/P&L
MGX-402
MGX-423
MGX-450
MGX-451
MGX-466
MGX-479
MGX-538
Transfer Cases – 1/Unl/P
MTC-2212-CV (306)
MT
C-3106-FV (T
C-137)
MTC-3111 (T
-2111)
MTC-3112-CV (5
48C)
MTC-3116 (
T-2111 t
hrough-shaft)
MTC-3118-FV (
TC-180 and T
C-180-23)
MTC-3118-CV (358
)
MTC-3120-FV (T
C-143)
MTC-3124 ( T-2119)
MTC-3203
MTC-3205-GV
(M
TC-25/RTC-25)
MTC-3206-FV (
TC-237)
MTC-3206-CS (
544)
MTC-3208-GV (R
TC-50)
MTC-3209-GV (MT
C-60/RTC-60)
MTC-3212-CV (
315 an
d 5
48B)
MTC-3312-FV (T C-270)
MTC-3220-FC (T
C-142)
MTC-4206-FV (
TC-38)
MTC-4208
MTC-4210
MTC-4213

HEAVY SERVICE/SPECIALTY VEHICLE

WARRANTY INFORMATION
12 Fire and Emergency Vehicles
Aerial Ladder Truck
Aerial Platform
Ambulance
Command Vehicle
Crash Fire Rescue
Pumper
Rapid Intervention
V
ehicle (R
IV)
Tanker
Fire and Emergency Typically Is:

Lower mileage operations (less than 20,000 miles/year)
Generally, on-road service (less than 10% off-road)
An average of three (3) miles between starting and stopping Front Non-Drive Steer Axles – 5/Unl/P&L
F L-9 41
FL -943
MFS-18-133A-N
MFS-18-135A-N
MFS-18-193A-N
MFS-20-133A-N
MFS-20-135A-N
MFS-20-193A-N
MFS-22-135A-N
MFS-22H-135A-N
MFS-22-193A-N
MFS-22H-193A-N
Rear Drive Single Axles – 5/Unl/P&L
RC-23-160
RS-23-160
RS-23-161
RS-23-185
RS-23-186
RS-24-160
RC-25-160
RS-26-185
RS-30-185
RS-35-185
1 RS-25-160
1 2/Unl/P&L if PreSet by Cummins-Meritor.

Rear Drive Tandem/Tridem Axles – 5/Unl/P&L
MT-40-14X /P
RT-40-160/P
MT-44-14X /P
RT-46-160/P
RT-46-164/P
RT-46-169
RT-50-160/P
MT-52-616
RT-52-185
1 MT-58-616
RT-58-185
1 MT-70-3802
1 Each vehicle must have a Request for Application Recommendation (RAR) approved by Cummins-Meritor prior to vehicle build. All RARs must identify the chassis number or V
IN. R
efer t
o P
roduct I
nformation L
etter #
303 a
nd #
396 f
or f
urther d
etails.
2 2/Unl/P&L
Front Drive Steer Axles – 2/Unl/P&L
MX-19-140 MX-21-140 MX-21-160 MX-23-160 MX-23-810

FIRE AND EMERGENCY

WARRANTY INFORMATION
Coverage under Cummins-Meritor’s warranty require
that the application of products be properly approved
pursuant to OEM and Cummins-Meritor approvals.

Refer to TP-9441 for axles, TP-12126 for drivelines
and/or contact Cummins-Meritor regarding specific
application approval questions on any product line.

Transfer Cases – 1/Unl/P
MTC-2212-CV (306)
MT
C-3106-FV (T
C-137)
MTC-3111 (
T-2111 t
hrough-shaft)
MTC-3112-CV (5
48C)
MTC-3118-FV (
TC-180 and T
C-180-23)
MTC-3118-CV (358
)
MTC-3120-FV (T
C-143)
MTC-3124 ( T-2119)
MTC-3206-FV (
TC-237)
MTC-3206-CS (
544)
MTC-3208-GV (R
TC-50)
MTC-3209-GV (MT
C-60/RTC-60)
MTC-3212-CV (
315 an
d 5
48B)
MTC-3312-FV (T
C-270)
MTC-3220-FC (T C-142)
MTC-4206-FV (
TC-38)
MTC-4208
MTC-4210
MTC-4213
13 PTO – 1/Unl/P&L
MPT-170
MPT-180
MPT-185
MPT-309
MPT-500
MPT-518
MPT-1702

FIRE AND EMERGENCY

WARRANTY INFORMATION
Brake Components
Cam 3 /Unl/P
Q+ Drum Brake™ 3/Unl/P&L
ASA 3
/Unl/P
Hubs/Cast Drums and Other Wheel-End Components 1/
Unl/P
Hydraulic D
isc B
rakes 1/Unl/P
All Other Brakes 1/
Unl/P
EX+ Air Disc Brake™1 2/ Unl/P&L
1 Warranty coverage for boots, seals, caps, bushings and pins is 2/200/P.

Wa
rranty c
overage f
or p
ads i
s 1
/100/P.

Drivelines
RPL 4/ 400/P , 1/Unl/L
MXL 3/
350/P , 1/Unl/L
92N 1/
Unl/P
14 Transit Bus Vehicles
Airport Shuttle
City Bus
Commuter Coach
Shuttle Bus
Transit Bus Trolley
Transit Bus Typically Is:

Moderate mileage operation (less than 50,000 miles per year) Moderate to frequent stops/starts (up to 10 stops per mile) Front Non-Drive Steer Axles – 5/300/P&L
FH-946 FH-9411 MFS-12-155 MFS-13-155
1 Commuter coach only – 2/Unl/P&L
Tag Axles – 2/Unl/P&L
Brake Components
Cam Cast Plus™ 2/100/P&L
Q+ D
rum Brake™1 2/ 100/P&L
ASA1 2/100/P
Hu
bs/Cast Drums and Other Wheel-End Components 1/
Unl/P
All Other Brakes 1/
Unl/P
EX+ Air Disc Brake2 2/100/P&L
1 Applies to City Bus, Trolley, Shuttle Bus and Airport Shuttle only. 2 Warranty coverage for boots, seals, caps, bushings and pins is 2/100/P.

Wa
rranty c
overage f
or p
ads i
s 1
/100/P.

Drivelines
RPL 3/ Unl/P , 1/Unl/L
92N 1/
Unl/P&L
MXL 1/
Unl/P&L
1 Commuter coach only – 2/Unl/P&L
Rear Drive Single Axles – 5/300/P&L
RS-23-160
RC-23-161
71163
79163
RC-23-162
1 RC-23-1651
RS-21-160
MC-14002 MC-16003 FH-946
Center Non-drive Axles – 5/300/P&L
MC-26000 71063 79063
Gearboxes – 1/Unl/P&L
MGX-450 MGX-451 MGX-538

TRANSIT BUS

WARRANTY INFORMATION
Coverage under Cummins-Meritor’s warranty require
that the application of products be properly approved
pursuant to OEM and Cummins-Meritor approvals.

Refer to TP-9441 for axles, TP-12126 for drivelines
and/or contact Cummins-Meritor regarding specific
application approval questions on any product line.
15 Industrial and Off-Highway Service Vehicles
Load-On/Load-Off
Port Tractor
Rail Yard Spotter
Roll-On/Roll-Off
Stevedoring Tractor
Trailer Spotter
Yard Jockey
All and Rough
T
errain Cranes
Forestry
Material Handling
Specialized He avy
Ha
ul
Excavator
Compactor
Fertilizer Spreader
Snow Blower
Mining and
S
pecialized Mining
Rail Car Mover
Loader
Tow Tractor
Pushback Tractor
Industrial and Off-Highway Service Typically Is:

Low mileage operation
Low speed vehicle speed res triction
Vehicles are not typically licensed for highway use
Six (6) starts/stops per mile (typical)
Front Non-Drive Steer Axles – 1/Unl/P
FF - 941
FF - 943
FF - 961
FF - 966
FG - 941
FG - 943
FL - 941
FL - 943
FN - 951
FS-25
MFS-20-133A-N
MFS-20-135A-N
MFS-20-192A-N
MFS-20-193A-N
MFS-22-135A-N
MFS-22H-135A-N
MFS-22-193A-N
MFS-22H-193A-N
MON-Z0 FAMILY
Gearboxes – 1/Unl/P&L
MGX-402
MGX-423
MGX-450
MGX-451
MGX-466
MGX-479
MGX-538
PTO – 1/Unl/P&L
MPT-170
MPT-180
MPT-185
MPT-309
MPT-500
MPT-518
MPT-1702
1 2/Unl/P for LO/LO Terminal Tractor applications
Planetary Axles – 1/Unl/P
MOB
MOC
MOD
MOE
MOF
MOG
MOH
MOR
MOS
MOT
MOX
M
OY
MOZ
Rear Drive Axles – 1/Unl/P
MT-14X1
RS-23-186
RS-23-380
RS-24-160
RS-30-185
RS-30-380
RT-145
1 RT-1601

OFF-HIGHWAY SERVICE

RPL MX L
Transmission – 1/Unl/P&L
FAT 30
Brake Components
Cam 3 /Unl/P
Q+ Drum Brake™ 3/Unl/P&L
ASA 3
/Unl/P
Hubs/Cast Drums and Other Wheel-End Components 1/
Unl/P
Hydraulic D
isc B
rakes 1/Unl/P
All Other Brakes 1/
Unl/P

OFF-HIGHWAY SERVICE

WARRANTY INFORMATION
Transfer Cases – 1/Unl/P
MTC-2212-CV (306)
MT
C-3106-FV (T
C-137)
MTC-3111 (
T-2111 t
hrough-shaft)
MTC-3112-CV (5
48C)
MTC-3116 (T
-2111)
MTC-3118-FV ( TC-180 and T C-180-23)
MTC-3118-CV (358
)
MTC-3120-FV (T
C-143)
MTC-3124 (
T-2119)
MTC-3206-FV (
TC-237)
MTC-3208-GV (R TC-50)
MTC-3209-GV (MT
C-60/RTC-60)
MTC-3220-FC (T
C-142)
17 Coverage Exclusions
Product Description
All
The c
ost o
f an
y r
epairs, r
eplacements o
r a
djustments t
o a c
overed
com
ponent (
1) a
ssociated w
ith n
oise; (
2) r
esulting f
rom t
he u
se
or i
nstallation of non-genuine Cummins-Meritor components or materials; (
3) d
ue t
o v
ibration a
ssociated w
ith i
mproper o
peration
or m
isapplication o
f d
rivetrain c
omponents; and (
4) d
amage
re
sulting f
rom c
orrosion.

For ax
le as
semblies su
pplied by Cu
mmins-Meritor wi
th su
spension
and i
nterface br
ackets d
esigned and
/or a
ttached b
y n
on-
Cummins-Meritor p
arties, C
ummins-Meritor w
arranty c
overage
do
es n
ot a
pply t
o t
he br
ackets, br
acket a
ttachment m
ethods
and fi
eld i
ssues c
aused b
y br
ackets o
r br
acket a
ttachments t
o
any c
overed c
omponent u
nless s
pecified i
n a s
eparate O
EM
agre
ement.

Front Axles1
Linehaul – King Pin Bushings 1yr/Unl P&L
Al
l O
ther V
ocations – K
ing Pi
n B
ushings E
xcluded
1 King Pin Bushing wear excluded for all vocations.

Rear Axles
Self-contained
t
raction e
qualizers and o
il fi
lters. T
he u
se o
f
No
SPIN d
ifferentials w
ill r
esult i
n t
he e
xclusion o
f a
xle s
hafts f
rom
war
ranty c
onsiderations. N
oSPIN i
s a pr
oduct o
f E
aton.

ASA
Boot
an
d b
ushing. B
ent, br
oken, o
ver-torqued, m
issing o
r
ot
herwise d
amaged p
awl a
ssemblies.

Cam Brake
Brake
l
ining w
ear an
d br
ake s
hoe “
rust-jacking.”
Disc Brake
Pad
w
ear, r
otor w
ear.

Coverage Limitations
Product Description
All
Any
c
laim b
eyond 6
0 d
ays f
rom d
ate o
f r
epair w
ill n
ot b
e a
ccepted
or h
onored u
nder t
his w
arranty pr
ogram. P
roducts p
urchased o
n
an i
ncomplete v
ehicle (
glider) ar
e l
imited t
o o
ne y
ear, u
nlimited
mi
les p
arts o
nly (
1/Unl/P).

Warranty c
overage o
n v
ehicles w
ith 1
,850 l
b-ft e
ngine t
orque and
ov
er m
ay b
e r
educed o
n i
ndividual d
rivetrain c
omponents. C
ontact
you
r C
ummins-Meritor r
epresentative f
or s
pecific d
etails.

Front Axles
Tie
r
od and t
ie r
od e
nds l
imited t
o 3
-year/300,000-mile o
r
pu
blished v
ocational c
overage, w
hichever i
s l
ess. W
heel s
eals,
ga
skets and w
heel b
earings ar
e c
overed f
or 1 y
ear/unlimited
mi
les i
f t
he w
heel e
nd e
quipment i
s s
upplied and a
ssembled b
y
Cu
mmins-Meritor.

Rear Axles
Pinion
and t
hrough s
haft s
eals l
imited t
o 3
-year/300,000-mile
or p
ublished v
ocational c
overage, w
hichever i
s l
ess, i
f y
oke i
s
in
stalled b
y C
ummins-Meritor. I
f y
oke i
s n
ot i
nstalled b
y C
ummins-
Meritor, t
hen C
ummins-Meritor d
oes n
ot w
arrant p
inion s
eals.

Whe
el s
eals, g
askets and w
heel b
earings ar
e c
overed f
or 1
ye
ar/unlimited m
iles i
f t
he w
heel e
nd e
quipment i
s s
upplied and
as
sembled b
y C
ummins-Meritor.

Rear Axles
The
C
ummins-Meritor br
eather p
art n
umber A
-2297-C-8765 w
ith
A-
3196-J-1336 h
ose m
ust b
e u
sed f
or e
ligibility o
f an
y p
otential
war
ranty c
onsideration r
elating t
o c
ontamination and
/or l
oss o
f
lu
be i
n a
xles.

Cam Brake
Limited
t
o br
acket, br
ake s
pider and c
amshaft s
tructural i
ntegrity.

STEELite X30
Wearable
l
ife i
s u
p t
o t
he d
iscard d
iameter o
f t
he d
rum.

Terms and Conditions
(1) What is Covered by this Commercial Warranty?
Meritor Heavy Vehicle Systems, LLC warrants to the owner (“Owner”) that th
e c
omponents l
isted i
n t
his p
ublication, w
hich h
ave b
een i
nstalled b
y a
n
Or
iginal E
quipment M
anufacturer (
“OEM”) a
s o
riginal e
quipment i
n v
ehicles
li
censed f
or o
n-highway u
se, w
ill b
e f
ree f
rom d
efects i
n m
aterial a
nd
wo
rkmanship. T
his w
arranty c
overage b
egins o
nly a
fter t
he e
xpiration o
f t
he
OE
M’s v
ehicle w
arranty f
or t
he a
pplicable c
overed c
omponents. W
arranty
co
verage e
nds a
t t
he e
xpiration o
f t
he a
pplicable t
ime p
eriod f
rom t
he d
ate
of v
ehicle p
urchase b
y t
he fi
rst O
wner o
r t
he a
pplicable mi
leage l
imitation,
wh
ichever o
ccurs fi
rst. D
uration o
f c
overage v
aries b
y c
omponent a
nd
vo
cation a
s d
etailed e
lsewhere i
n t
his w
arranty s
tatement.

Some c
omponents a
re w
arranted f
or p
arts o
nly a
nd t
he O
wner m
ust p
ay
an
y l
abor c
osts a
ssociated w
ith t
he r
epair o
r r
eplacement o
f t
he c
omponent.

Ot
her c
omponents a
re w
arranted f
or b
oth p
arts a
nd r
easonable l
abor t
o
re
pair o
r r
eplace t
he s
ubject c
omponent. C
omponents (
whether n
ew, u
sed o
r
re
manufactured) i
nstalled a
s r
eplacements u
nder t
his w
arranty a
re w
arranted
on
ly f
or t
he r
emainder o
f t
he o
riginal p
eriod o
f t
ime o
r mi
leage u
nder t
he
or
iginal wa
rranty.

For c
ertain c
omponents, c
overage r
equires t
he u
se o
f s
pecific e
xtended
dr
ain i
nterval o
r s
ynthetic l
ubricants. F
or f
urther i
nformation a
bout l
ubrication
an
d maintenance, see Cummins-Meritor publication Maintenance Manual Number l and the applicable Cummins-Meritor maintenance manual for the p
roduct i
n q
uestion. O
ther c
onditions a
nd l
imitations a
pplicable t
o t
his
wa
rranty a
re d
etailed b
elow.

TERMS AND CONDITIONS
Product models, brands, names and trademarks depicted herein are the property of their respective owners and, except where otherwise indicated, are not in any way associated with Meritor Heavy Vehicle Systems, LLC, or any parent or affiliate, thereof. (2) Designation of Vocational Use Required
To obtain warranty coverage, each Owner must notify Cummins-Meritor th
rough t
he O
EM n
ew t
ruck a
nd/or t
railer d
ealer o
f t
he i
ntended v
ocational
us
e o
f t
he v
ehicle i
nto w
hich t
he C
ummins-Meritor c
omponents h
ave b
een
in
corporated p
rior t
o t
he v
ehicle i
n-service d
ate. T
his n
otification m
ay b
e
ac
complished b
y r
egistering t
he v
ehicle t
hrough y
our O
EM n
ew t
ruck a
nd/or
tr
ailer d
ealer o
r w
ith C
ummins-Meritor d
irectly. F
ailure t
o n
otify C
ummins-
Meritor o
f (
I) t
he i
ntended v
ocational u
se o
f t
he v
ehicle o
r (
II) a c
hange i
n
vo
cational u
se f
rom t
hat w
hich w
as o
riginally d
esignated, w
ill r
esult i
n t
he
ap
plication o
f a o
ne y
ear, u
nlimited mi
leage, p
arts o
nly w
arranty (
1/Unl/P)
fr
om t
he i
nitial i
n-service d
ate.

A s
econd O
wner a
nd e
ach s
ubsequent O
wner m
ust a
lso n
otify C
ummins-
Meritor a
s t
o t
he i
ntended v
ocational u
se o
f t
he v
ehicle. T
his n
otification c
an
be s
ent d
irectly t
o C
ummins-Meritor o
r t
hrough t
he O
EM n
ew t
ruck a
nd/
or t
railer d
ealer. T
he d
uration a
nd mi
leage c
overage o
f t
his w
arranty c
annot
exc
eed t
he c
overage e
xtended t
o t
he fi
rst O
wner a
fter h
is o
r h
er i
nitial
de
signation o
f v
ocational u
se.

Coverage u
nder C
ummins-Meritor’s w
arranty r
equires t
hat t
he a
pplication
of p
roducts b
e p
roperly a
pproved p
ursuant t
o O
EM a
nd C
ummins-Meritor
ap
provals. R
efer t
o T
P-9441 f
or a
xles, S
P-8320 f
or t
railer a
xles, T
P-12126
fo
r d
rivelines a
nd/or c
ontact C
ummins-Meritor r
egarding s
pecific a
pplication
ap
proval q
uestions o
n a
ny p
roduct l
ine.
(3) What is the Cost of this Warranty?
There is no charge to the Owner for this warranty.
(4) What is not Covered by this Warranty?
This warranty does not cover normal wear and tear; nor does it cover a c
omponent t
hat f
ails, m
alfunctions o
r i
s d
amaged a
s a r
esult o
f (
I)
im
proper i
nstallation, a
djustment, r
epair o
r m
odification (
including t
he u
se
of u
nauthorized a
ttachments o
r c
hanges o
r m
odification i
n t
he v
ehicle’s
co
nfiguration, u
sage o
r v
ocation f
rom t
hat w
hich w
as o
riginally a
pproved
by C
ummins-Meritor), (
II) a
ccident, n
atural d
isaster, a
buse o
r i
mproper u
se
(i
ncluding l
oading b
eyond t
he s
pecified m
aximum v
ehicle w
eight o
r a
ltering
en
gine p
ower s
ettings t
o e
xceed t
he a
xle a
nd/or d
riveline c
apacity) o
r (
III)
im
proper o
r i
nsufficient m
aintenance (
including d
eviation f
rom a
pproved
lu
bricants, c
hange i
ntervals o
r l
ube l
evels). T
his w
arranty d
oes n
ot c
over a
ny
co
mponent o
r p
art t
hat i
s n
ot b
randed b
y C
ummins-Meritor. F
or vehicles
that operate full or part time outside of the United States and Canada, a one year, unlimited mileage, parts only warranty (1/Unl/P) will apply.
(5) R emedy
The exclusive remedy under this warranty shall be the repair or replacement of t
he d
efective c
omponent a
t C
ummins-Meritor’s o
ption. C
ummins-Meritor
re
serves t
he r
ight t
o r
equire t
hat a
ll a
pplicable f
ailed m
aterials a
re a
vailable
an
d/or r
eturned t
o C
ummins-Meritor f
or r
eview a
nd e
valuation.
(6) Disclaimer of Warranty

THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES

OR CONDITIONS, EXPRESSED, IMPLIED OR STATUTORY INCLUDING

ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR

PARTICULAR
P
URPOSE.
(7) Limitation of Remedies
In no event shall Cummins-Meritor be liable for special, incidental, indirect or consequential
d
amages o
f a
ny k
ind o
r u
nder a
ny l
egal t
heory, i
ncluding, b
ut
no
t l
imited t
o, t
owing, d
owntime, l
ost p
roductivity, c
argo d
amage, t
axes o
r
an
y o
ther l
osses o
r c
osts r
esulting f
rom a d
efective c
overed c
omponent.
(8) To Obtain Service
If the Owner discovers within the applicable coverage period a defect in ma
terial o
r w
orkmanship, t
he O
wner m
ust p
romptly g
ive n
otice t
o e
ither
Cu
mmins-Meritor o
r t
he d
ealer f
rom w
hich t
he v
ehicle w
as p
urchased. T
o
ob
tain s
ervice, t
he v
ehicle m
ust b
e t
aken t
o a
ny p
articipating O
EM n
ew t
ruck
an
d/or t
railer d
ealer o
r a
uthorized C
ummins-Meritor s
ervice l
ocation. T
he
de
aler w
ill i
nspect t
he v
ehicle a
nd c
ontact C
ummins-Meritor f
or a
n e
valuation
of t
he c
laim. W
hen a
uthorized b
y C
ummins-Meritor, t
he d
ealer w
ill r
epair
or r
eplace d
uring t
he t
erm o
f t
his w
arranty a
ny d
efective C
ummins-Meritor
co
mponent c
overed b
y t
his w
arranty.
(9) Entire Agreement
This is the entire agreement between Cummins-Meritor and the Owner ab
out w
arranty a
nd n
o C
ummins-Meritor e
mployee o
r d
ealer i
s a
uthorized t
o
ma
ke a
ny a
dditional w
arranty o
n b
ehalf o
f C
ummins-Meritor. T
his a
greement
al
locates th
e res
ponsibilities fo
r co
mponent fa
ilure bet
ween Cu
mmins-Meritor
an
d t
he O
wner.

TERMS AND CONDITIONS
Cummins Inc.

Box 3005
Columbus, IN 47202-3005
U.S.A.
cummins.com
SP-95155
Bulletin 6451105 Produced in U.S.A. Rev. 1/24
©2024 Meritor, Inc.
)LUHDQG5HVFXH$SSDUDWXV
Coverage:
7KUHH

<HDU0DWHULDODQG:RUNPDQVKLS
0HULWRU:DEFR$%6%UDNH6\VWHP
Limited Warranty
Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to:

The Meritor Wabco ABS brake system shall be covered by
Meritor Wabco as indicated in the attached Meritor Wabco warranty coverage description
/,0,7(':$55$17<
(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:
(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.

Three (3) YearWarranty Period
Ends After:

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 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.

The exclusions listed in the attached Meritor Wabco warranty description shall apply.

Conditions and
Exclusions:

See Also
Paragraphs
2 thru 4
(;&/86,212)&216(48(17,$/$1',1&,'(17$/'$0$*(6
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.
%8<(5
6(;&/86,9(5(0('<
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.
2/25/2013 WA0232
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.
',6&/$,0(562):$55$17,(6
capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty.

WARRANTY
Warranty coverage is essential to protecting your investment. But understanding the full details of your coverage can be challenging. This straightforward approach allows you, our valued customer, to better understand how your specific vehicle applications will be covered in your region. Our component warranty coverage is provided according to vocation/usage categories listed below. • Linehaul covers high mileage operation (over 60,000 miles/year) on well-maintained major highways of concrete or asphalt construction.
• General Service covers moderate mileage operations (less than 60,000 miles/year) on well-maintained public roads (less than 10 percent off-road) typically with less than three (3) stops per mile. • Heavy Service (Vocational) covers vehicles with more than 10 percent off-road OR moderate to frequent starts/stops typically with more than three (3) stops per mile.
• Off-Highway Service covers lower mileage operations. Vehicles are not typically licensed for highway use. • The standard aftermarket warranty for WABCO products - including WABCO Original parts, WABCO Reman Solutions, ProVia quality aftermarket parts and WABCO retrofit solutions - is one year, parts only from in-service date when purchased from ZF distributor networks or its affiliates and/or subsidiaries.

MODEL YEAR 2021 VEHICLES
How to Read Warranty Coverage (Example)
Number of Years Mileage (in thousands) Unl=Unlimited P=Parts Only P&L=Parts & Labor 3 300 P
WARRANTY - MODEL YEAR 2021 VEHICLES
¹ ZF and WABCO branded components.
2 WABCO compressors installed on Cummins, Mercedes, and DDC engines are not warranted or serviced by ZF. Please contact your respective dealer/distributor of those engines for warranty and servicing. 3 An extended warranty of 4/400/P will apply when a WABCO Trailer Control Line Filter is used in combination with a WABCO Trailer ABS valve.
• Aerial Ladder Truck
• Aerial Platform
• Ambulance
• Auto Hauler
• Beverage Truck
• Bulk Hauler
• Chip Hauler (Truck)
• Cross Country Coach
• Doubles
• Flatbed
• Front Engine Commercial
Chassis
• Front Engine Integral
Coach
• General Freight
• Grain Hauler
• Intercity Coach
• Intermodal Chassis
• Livestock Hauler
• Meat Packer
• Moving Van
• Municipal Truck
• Pipe Hauler
• Platform Auto Hauler
• Pumper
• Rear Engine Integral Coach
• Recreational Vehicles
• Refrigerated Freight
• School Bus
• Stake Truck
• Tanker
• Tanker Truck
• Triples
• Tour Bus
• Wrecker

LINEHAUL/GENERAL SERVICE VEHICLES

LINEHAUL/GENERAL SERVICE WARRANTY INFORMATION

LINEHAUL TYPICALLY IS
• High mileage operation (over 60,000 miles/year)
• Well maintained major highways of concrete or
asphalt construction

GENERAL SERVICE TYPICALLY IS
• Moderate mileage operations (less than 60,000 miles/year) • Well maintained public roads (less than 10% off-road) • Less than three (3) stops per mile
WABCO Components1
Air Management
Air Brake Valves
1/100/P&LTrailer Lift Axle Control Valve
Trailer Control Line Filter3
Air Compressors (ALL)2 2/200/P&L
Air Dryers (ALL) 3/300/P&L
Aerodynamics
OptiFlow® TrailerSkirt 2/UnU/P
OptiFlow® Trailer Tail and AutoTail 2/UnI/P
Braking Systems
ABS (Anti-Lock Braking System) Air
3/300/P&L
ABS (Anti-Lock Braking System) Hydraulic
Electronic Braking System (EBS)
Electronic Stability Control (ESC)
Roll Stability Control (RSS)
Trailer Roll Stability Support (RSS)
Trailer ABS (Anti-Lock Braking System)
3 Driveline Suspension Control
Clutch Controls 2/200/P&L
Leveling Valves
1/100/P&L
OptiRide® Automated Manual Transmission (AMT)
OptiRide® Electronically Controlled Air Suspension
(ECAS) 3/300/P&L
WABCO Components1 (cont.)
Safety
OnGuardACTIVE®
3/300/P&L
OnLane®
OnLaneALERT®
OnSide®
Trailer SafeStart™
Trailer TailGUARD™
Telematics
TrailerCAST™ Telematics Device 3/300/P&L
Wheel End Solutions
EasyFit™ Slack Adjuster 6/600/P
MAXXUS™ Truck Air Disc Brake 5/500/P&L
IVTM - Wheel Module 6/P
IVTM - All Other Products 2/P
Pan 17 and 19 Air Disc Brake 2/Unl/P and
1/Unl/L
Pan 22 Air Disc Brake 5/500/P and 1/L
TRISTOP™ D Actuator w/ IBV or IRB 6/600/P
TRISTOP™ D Actuator 3/300/P
UNISTOP™ Actuator 2/200/P
Trailer MAXX22T™ Air Disc Brake 5/500/P and 1/L
1 ZF and WABCO branded components. 2 WABCO compressors installed on Cummins, Mercedes, and DDC engines are not warranted or serviced by ZF. Please contact your respective dealer/distributor of those engines for warranty and servicing. 3 An extended warranty of 4/400/P will apply when a WABCO Trailer Control Line Filter is used in combination with a WABCO Trailer ABS valve.

WABCO Components1
Air Management
Air Brake Valves
1/100/P&L
Air Compressors (ALL)2
Air Dryers (ALL)
Trailer Control Line Filter
3 Braking Systems
ABS (Anti-Lock Braking System) Air 3/300/P&L
ABS (Anti-Lock Braking System) Hydraulic 2/200/P&L
Electronic Braking System (EBS)
3/300/P&L
Electronic Stability Control (ESC)
Trailer ABS Valve3
Roll Stability Control (RSS)
Trailer Roll Stability Support (RSS)
Driveline Suspension Control
OptiRide® Electronically Controlled Air Suspension
(ECAS) 2/200/P&L
Leveling Valves 1/100/P&L
Clutch Controls 2/200/P&L
Safety
OnGuardACTIVE®
3/300/P&L
OnLane®
OnLaneALERT®
OnSide®
Trailer SafeStart™
Trailer TailGUARD™
Telematics
TrailerCAST™ Telematics Device 3/300/P&L
Wheel End Solutions
EasyFit™ Slack Adjuster 2/200/P
MAXXUS™ Air Disc Brake 1/Unl/P&L
IVTM - Wheel Module 6/P
IVTM - All Other Products 2/P
Pan 22, 19 and 17 Air Disc Brake 1/Unl/P&L
Trailer MAXX22T™ 1/Unl/P&L
TRISTOP™ D Actuator w/ IBV 3/Unl/P
TRISTOP™ D Actuator 2/200/P
UNISTOP™ Actuator 1/100/P
• Airport Rescue Fire (ARF)
• Airport Shuttle
• Asphalt Truck
• Block Truck
• Bottom Dump Trailer
Combination
• Cementing Vehicle
• City Bus
• Commercial Pick-Up
• Concrete Pumper
• Construction Material Hauler
• Crash Fire Rescue (CFR)
• Mixer
• Demolition
• Drill Rig
• Dump
• Emergency Service
• Equipment Hauling
• Flatbed Trailer Hauler
• Flatbed Truck
• Fracturing Truck
• Front Loader
• Geophysical Exploration
• Hopper Trailer Combinations
• Landscaping Truck
• Liquid Waste Hauler
• Log Hauling
• Lowboy
• Michigan Special
Gravel Trains
• Michigan Special
Log Hauler
• Michigan Special
Steel Hauler
• Michigan Special
Waste Vehicle
• Municipal Dump
• Newspaper Delivery
• Package Delivery
• Pick-up and Delivery
• Rapid Intervention
Vehicle (RIV)
• Rear Loader
• Recycling Truck
• Residential Pick-Up/Waste
• Rigging Truck
• Roll-Off
• Scrap Truck
• Semi-End Dump
• Sewer/Septic Vacuum
• Shuttle Bus
• Side Loader
• Snowplow/Snowblower
• Steel Hauling
• Tanker
• Tank Truck
• Tractors with Pole Trailers
• Tractor/Trailer with Jeeps
• Transfer Dump
• Transfer Vehicle
• Transit Bus
• Trolley
• Utility Truck
• Winch Truck

HEAVY SERVICE VEHICLES

HEAVY SERVICE (VOCATIONAL) WARRANTY INFORMATION

HEAVY SERVICE TYPICALLY IS
• On/Off road vocations (10% or more off-road) OR
• Moderate to frequent starts/stops typically more than three (3) stops per mile
WARRANTY - MODEL YEAR 2021 VEHICLES

INDUSTRIAL AND OFF-HIGHWAY SERVICE

TYPICALLY IS
• Low mileage operation3
• Vehicles are not typically licensed for highway use
¹ ZF and WABCO branded components. 2 WABCO compressors installed on Cummins, Mercedes, and DDC engines are not warranted or serviced by ZF. Please contact your respective dealer/distributor of those engines for warranty and servicing. 3 Equivalent hours of service limit: 2,000 hours for all components.

INDUSTRIAL/OFF-HIGHWAY SERVICE WARRANTY INFORMATION
WABCO Components1
Air Management
Air Brake Valves
2/Unl/PAir Compressors (ALL)2
Air Dryers (ALL)
Brake Actuation
Air/Hydraulic Actuators
2/Unl/P
Master Cylinders
Remote Actuators
Slave and Wheel Cylinders
Two Fluid Actuators
Brake Locks
Brake Locks (ALL)
2/Unl/PElectric Brake Locks
Lever Locks
Braking Systems
ABS (Anti-Lock Braking System) Air
1/100/P&L
ABS (Anti-Lock Braking System) Hydraulic
Driveline Suspension Control
Clutch Controls
1/100/P&L
Leveling Valves
Electrohydraulics & Controls
Electronic Pedals
2/Unl/PElectrohydraulic Brake Valves (EBV)
Pressure Switches
Hydraulic Braking Solutions
Accumulator Charging Valves
2/Unl/PHydraulic Throttle Controls and Switches
Modulating Brake Valves
Wheel End Solutions
EasyFit™ Slack Adjuster 2/200/P
Caliper Disc Brakes 2/Unl/P
MAXXUS™ Air Disc Brake 1/Unl/P&L
Multiple Disc Brakes 2/Unl/P
IVTM - Wheel Module 6/P
IVTM - All Other Products 2/P
Pan 22, 19 and 17 Air Disc Brake 1/Unl/P&L
TRISTOP™ D Actuator w/ IBV 3/Unl/P
TRISTOP™ D Actuator 2/200/P
UNISTOP™ Actuator 1/100/P
Market Common Application Types
Agriculture
Fertilizer Spreader, Tractor, Heavy Duty Ag
Trailers, Harvester, Sprayer, Skid Loader, Silage
Bagger, Slurry Wagons, Grain Cart
Airport Support
Pushback Tractor, Towing Tugs, Aircraft Tow
Tractor, Refueling Trucks, Food Service Trucks,
Baggage Tractors, De-Icing Equipment,
Runway Clearing Equipment
Construction
All-Terrain Crane, Rough Terrain Crane,
Excavator, Compactor, Wheel Loader, Road
Roller, Motor Grader, Articulated Dump Truck,
Rubber Tire Road Roller, Backhoe Loaders,
Haul Trucks, Scraper Rough Terrain Forklifts,
Trenchers, Drills
Forestry Logging Forwarder, Kidder, Loaders, Yard
Forklifts, Harvesters Fellers
Material Handling
Port Tractor, Rail Yard Spotter, Stevedoring
Tractor, Trailer Spotter, Yard Jockey, Scissor
Lift, Straddle Carrier, Manlift, Forklift, Boom Lift
Telebandlers, Aerial Work Platforms
Mining
Specialized Mining, Excavator, Haul Truck,
Underground Loader, Service Trucks, Wheel
Loaders, Scrapers, Load Haul Dumps,
Personnel Transports, Bolters, Scalers
Municipal
Street Sweeper, Utility Tractor, Utility Trucks,
Tree Trimmers, Dump Trucks, Tow Trucks, Flat
Bed Trucks, Winch Applications
Oil & Gas
Fracturing Trailer, Injecter Heads, Top Drives,
Jack/Lift Boats, Wireline Trucks, Load-On /
Load-Off
Rail
Railcar Mover, Track Layers, Grinders, Platform
Crane, Locomotive Railcars, Ballast Equipment,
Winch Applications

ABS, ELECTRONIC STABILITY CONTROL (ESC),
ROLL STABILITY CONTROL (RSC), OPTIRIDE®,
ONGUARD® AND ONLANE®, COLLECTIVELY
“ELECTRONICS”
Failure of electronic components due to overvoltage
condition, improper grounding, electrostatic discharge
(ESD), improper shielding, electromagnetic interference (EMI), or other wiring or installation issues. Malfunctions and failure codes caused by other electronic subsystem failures (data bus, engine, transmission, dashboard, etc.)

HYDRAULIC COMPONENTS
For certain components, brake fluid DOT3 or DOT4 is
used as the operating medium. Use of any other fluid will void all warranties associated with that component. For hydraulic braking applications the brake fluid is considered a maintenance item. Maintenance intervals are listed in TB- 1367.

COVERAGE LIMITATIONS

PRODUCT DESCRIPTION

ALL PRODUCTS
Any claim beyond 60 days from date of repair will not be accepted or honored under this warranty program.

Products purchased on an incomplete vehicle (glider) are limited to one year, 1/Unl/P .

For vehicles that operate full- or part-time outside of the United States and Canada, a 1-Year/Unlimited Miles parts only (1/Unl/P) will apply.

TOOLBOX PLUS™ DIAGNOSTIC SOFTWARE
Proper diagnostics of WABCO Electronics may require the latest version of TOOLBOX PLUS™. Additional labor due
to use of an outdated version of TOOLBOX™ software
and/or the time to purchase or install the latest version of TOOLBOX PLUS™ are not covered under product
warranty.

TERMS AND CONDITIONS

COVERAGE EXCLUSIONS

PRODUCT DESCRIPTION

ALL PRODUCTS
This Warranty shall not apply to the following, but not limited to: (1) damage to the product or its component
parts caused by incorrect use, installation, maintenance or repair, including without limitation (a) improper fit of mating components or brackets, damaged threads, cut, broken,
chafed, pinched or otherwise damaged wiring (sensors,
harnesses and connectors), (b) sensors damaged during
removal when seized in block, or associated with sensor adjustments/ alignments, and (c) damage resulting from the use or installation of non-genuine WABCO components or
materials; (2) damage to the product, its component parts, or diminished product or component part performance due to incorrect operation, deviation from approved conditions or misapplication; (3) any unauthorized disassembly of the product or its component parts including without limitation (a) obliterated, defaced or missing WABCO or WABCO
name plate, serial numbers or label identifying the device as a ZF
product or WABCO component, (b) changes to sealed
adjusting screws, and (c) opening or attempted repair of non-serviceable components; (4) malfunction
of the component due to inter
nal contamination of the
ve
hicle system including without limitation (a) water and other contamination damage that is due to the use of a
non-genuine air dryer cartridge or (b) valve failures due to co
ntamination in air system, (5) complaints associated
with noise, (6) damage resulting from corrosion (including oxidation of electrical devices and connections).

AIR DRYERS
Mounting brackets (see vehicle OEM). Desiccant cartridge housing only.

AIR SYSTEM COMPONENTS
Normal wear items; Gladhand seals, dash valve knobs,
valve actuation handles, treadles, pedals.

WARRANTY - MODEL YEAR 2021 VEHICLES
(1) What is Covered by this Commercial Warranty?
ZF CV Systems North America LLC and its North American
subsidiaries and affiliates (ZF) warrant to the owner (“Owner”) that the components listed in this
publication, which have been installed by an
Original Equipment Manufacturer (“OEM”) as original equipment will be free from defects in material and workmanship. This warranty coverage begins from the original in-service date to the limits provided and runs concurrently with any warranties provided by OEMs and/or any distribution agreements and/or any service contracts that cover the components
listed in this publication, if any. If the components
listed in this
publication are covered by an OEM warranty and/or
service contract,
then the OEM’s warranty and/ or service contract
shall supersede
ZF’s warranty and Owner shall comply with all OEM’s
warranty and/or service contract requirements for claims under such OEM’s warranty and/or service contract until those agreements expire.

Once those agreements expire and provided the ZF warranty has not expired under the terms stated above, the ZF warranty will be in effect until its expiration date.

Warranty coverage ends at the expiration of the applicable time period from the date of vehicle pur
chase by the first Owner, or, the applicable
mileage limitation, whichever occurs first. Duration of coverage varies by component and vocation as detailed previously in this publication.

Some components are warranted for parts only and the Owner must pay any labor costs associated with the repair or replacement of the component. Other components are warranted for both parts and reasonable labor to repair or replace the subject component.

Additional diagnostic time due to use of an outdated version of TOOLBOX™, time to purchase or install latest version of TOOLBOX™ are the responsibility of the authorized ZF distributor networks and are not covered under product warranty. Components installed as replacements under this warranty are warranted only for the remainder of the original period of time or mileage under the original warranty. (2) Designation of Vocational Use Required. To obtain warranty coverage, each Owner must notify ZF through the OEM new truck and/or trailer dealer of the intended vocational use of the vehicle into which the
WABCO components have been incorporated prior to the vehicle in- service date. This notification may be accomplished by registering the vehicle through your OEM new truck and/or trailer dealer or with ZF directly. Failure to notify
ZF of (I) the intended vocational use of the
vehicle or (II) a change in vocational use from that which was originally designated, will result in the application of a one year, unlimited mileage, parts only warranty (1/Unl/P) from the initial in- service date. A second Owner and each subsequent Owner must also notify
ZF as to the intended vocational use of the vehicle. This notification can be sent directly to ZF or through
the OEM new truck and/or trailer dealer. The duration and mileage coverage of this warranty cannot exceed the coverage extended to the first Owner after his or her initial designation of vocational use. Coverage under ZF’s warranty requires that the application of products be properly approved pursuant to OEM and ZF
, approvals.
(3) What is the Cost of this Warranty? There is no charge to the Owner for this warranty.
(4) What is not Covered by this Warranty? In addition to the items listed on "Coverage Exclusions," this warranty does not cover normal wear and
tear, or service items; nor does it cover a component that fails, malfunctions or is damaged as a result of (a) improper handling, storage, installation, adjustment, repair or modification including the use of unauthorized attachments or changes or modification in the vehicle’s configuration, usage, or vocation from that which was

originally approved by ZF, (b) accident, fire or other casualty, natural disaster
, road debris, negligence, misuse, abuse, or improper use (including loading beyond the specified maximum vehicle weight or altering engine power settings to exceed the brake system capacity), or (c) improper or insufficient maintenance (including
deviation from
maintenance intervals, approved lubricants, or lube
levels). This
warranty does not cover any component or part that is not sold by ZF. (5) To obtain service. If the owner discovers within the applicable coverage period a defect in material or workmanship, the Owner must promptly give notice to either ZF or the dealer from which the vehicle was purchased. To obtain service, the vehicle must be taken to any
participating OEM dealer or ZF
distributor networks' servicer. The
dealer or ZF
authorized servicer will inspect the vehicle and contact ZF for an evaluation of the claim. When
authorized by ZF, the dealer or ZF
authorized servicer
will repair or replace during the term of this
warranty any defective WABCO component covered by this warranty. (6) Disclaimer of Warranty and Limitation of remedies. TO THE MAXIMUM

EXTENT PERMITTED BY LAW, THE LIMITED WARRANTY SET

FORTH HEREIN IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER

WARRANTIES, EXPRESS OR IMPLIED, ARISING BY OPERATION OF

LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY

IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A

PARTICULAR PURPOSE AND/OR WARRANTY FOR HIDDEN OR

LATENT DEFECTS, AND IN NO EVENT WILL ZF OR ANY OF ITS

AFFILIATES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL,

PROGRESSIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY
KIND.

TERMS AND CONDITIONS
(7) Legal action. Any legal action or claim arising from or related to this Warranty, in contract or otherwise, must be commenced within one year from the accrual of that cause of action, or be barred forever. Any dispute arising in connection with this agreement shall be governed by
and construed according to the laws of the State of Michigan and be brought, heard and determined exclusively in either the Circuit Court for the County of Oakland, State of Michigan or the United States District Court for the Eastern District of Michigan. The parties stipulate that the referenced venues are convenient.
(8) Remedy. The exclusive remedy under this warranty shall be the repair or replacement of the defective component at ZF's option. ZF reserves the right to require that all applicable covered
components are available
and/or returned to ZF for review
and evaluation. THE MAXIMUM LIABILITY, IF ANY
, OF ZF FOR ALL

DAMAGES, INCLUDING WITHOUT LIMITATION CONTRACT

DAMAGES, BREACH OF WARRANTY, NEGLIGENCE, STRICT

LIABILITY, OR OTHER TORT, IS LIMITED TO AN AMOUNT NOT TO EXCEED THE PURCHASE PRICE OF THE PRODUCT and where
indicated in the product and application warranty information above, the inclusion of labor is limited to the standard repair time. THE

PARTIES ACKNOWLEDGE AND AGREE THAT THE LIMITATION

OF DAMAGES PROVISION SET FORTH IN THIS PARAGRAPH

SURVIVES BETWEEN THE ORIGINAL END USER AND ZF EVEN IF

THE EXCLUSIVE REMEDY SET FORTH ABOVE IS DEEMED TO FAIL
OF ITS ESSENTIAL PURPOSE. ZF
may change the design or make
improvements to its Products without incurring any
warranty obligation
for previously manufactured Product .
(9) Entire Agreement. This is the entire agreement between ZF and the Owner about warranty and no, ZF
employee, or dealer is authorized to
make any additional warranty on behalf of ZF
unless in writing and
signed by an authorized representative of
ZF.

About ZF Friedrichshafen AG
ZF is a global technology company and supplies systems for passenger cars, commercial vehicles and industrial technology, enabling the next generation of mobility. ZF allows vehicles to see, think and act. In the four technology domains Vehicle Motion Control, Integrated Safety, Automated Driving, and Electric Mobility, ZF offers comprehensive solutions for established vehicle manufacturers and newly emerging transport and mobility service providers. ZF electrifies different kinds of vehicles. With its products, the company contributes to reducing emissions and protecting the climate.

ZF, which acquired WABCO Holdings Inc. on May 29, 2020, now has 160,000 employees worldwide with approximately 260 locations in 41 countries. In 2019, the two then-independent companies achieved sales of €36.5 billion (ZF) and $3.4 billion (WABCO). For more information, visit: www.wabco-na.com
© 2021 ZF CV Systems North America LLC - All rights reserved - SP1375 / 2.2021 For further product details contact your distributor or the WABCO Customer Care Center at 855-228-3203.

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.

3. BUYER'S EXCLUSIVE REMEDY.

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.

3. BUYER'S EXCLUSIVE REMEDY.

Fire and Rescue Apparatus
Coverage:

Ten (10) Year Pro-Rated Paint and Corrosion
Cab
Ten (10) YearsWarranty 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:

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.

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

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.

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 applies to all of the control modules for the Command Zone system, including the full color graphic displays. Related wire harnesses, cables and connectors are not covered under this limited warranty and are instead covered under the Pierce One Year Basic Apparatus Limited Warranty.

Conditions and
Exclusions:

Fire and Rescue Apparatus
Coverage:

Five (5) Year Material and Workmanship
Command Zone Electronics
Five (5) YearsWarranty Period
Ends After:

The date of the original purchase invoice (issued when the product ships from the factory).Warranty Begins:

Command Zone control modules shall be free from 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.

3. BUYER'S EXCLUSIVE REMEDY.

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.

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:

Fire and Rescue Apparatus
Coverage:
54 Months Material and Workmanship
Camera System
Fifty - Four (54) monthsWarranty Period
Ends After:

The date of delivery.Warranty Begins:

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 th e
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.

3. BUYER'S EXCLUSIVE REMEDY.

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 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.

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) YearWarranty Period
Ends After:

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.

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 te rms, 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 Distribut or 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

PAID BY THE CUSTOMER APPLICABLE
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

Page 1 of 2 ends

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 a pplications and installations; — Alterations or modification of th e transmission or the vehicle, and — Damage resulting from improper storage (refer to long-term st orage 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 totale d.  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 th e 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 maintena nce schedule intervals applicable to the transmission; — Failure to use transmission fluids or maintain transm ission fluid levels recommended in the Operator’s Manual.  MAINTENANCE — Normal maintenance (such as replacement of filters, screens, and transmission fluid) is not covered and is the owner’s responsibility.
 REPAIRS by UNAUTHORIZED DEALERS — Defects and damage caused by a service outlet that is not an authorized Allison Transmission Distributor or Dealer are not covered.
 USE of OTHER THAN GENUINE ALLISON TRANSMISSION PARTS — Defects and damage caused by the use of parts that are not genuine Allison Transmission parts are not covered.  EXTRA EXPENSES — Economic loss and extra expenses are not covered. Examples include but are not limited to: loss of vehicle use; inconvenience; storage; payment for loss of time or pay; vehicle rental expense; lodging; meals; or other travel costs.  “DENIED PARTY” OWNERSHIP — Warranty repair parts and labor costs are not reimbursed to any participating or non-participating OEMs, dealers or distributors who perform warranty work for, or on behalf of, end users identified by the United States as being a “denied party” or who are citizens of sanctioned or embargoed countries as defined by the U.S. Department of Treasury Office of Foreign Assets Control. Furthermore, warranty reimbursements are not guaranteed if the reimbursement would be contrary to any United States export control laws or regulations as defined by the U.S. Department of Commerce, the U.S. Department of State, or the U.S. Department of Treasury.

OTHER TERMS APPLICABLE TO CONSUMERS AS DEFINED by the MAGNUSON-MOSS WARRANTY ACT This warranty gives you specific legal rights and you may also have other rights which vary from state to state.

Allison Transmission does not authorize any person to create for it any other obligation or liability in connection with these transmissions.

ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE APPLICABLE TO THESE TRANSMISSIONS IS LIMITED IN DURATION TO THE DURATION OF THIS WRITTEN WARRANTY.

PERFORMANCE OF REPAIRS AND NEEDED ADJUSTMENTS IS THE EXCLUSIVE REMEDY UNDER THIS WRITTEN WARRANTY OR ANY IMPLIED WARRANTY. ALLISON TRANSMISSION SHALL NOT BE LIABLE FOR INCIDENTAL OR

CONSEQUENTIAL DAMAGES (SUCH AS, BUT NOT LIMITED TO, LOST WAGES OR VEHICLE RENTAL EXPENSES) RESULTING FROM BREACH OF THIS WRITTEN WARRANTY OR ANY IMPLIED WARRANTY.** ** Some states do not allow limitations on how long an implied warranty will last or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

OTHER TERMS APPLICABLE TO OTHER END-USERS

THIS WARRANTY IS THE ONLY WARRANTY APPLICABLE TO THE ALLISON TRANSMISSION MODELS LISTED

ABOVE AND IS EXPRESSLY IN LIEU OF ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALLISON

TRANSMISSION DOES NOT AUTHORIZE ANY PERSON TO CREATE FOR IT ANY OTHER OBLIGATION OR LIABILITY IN CONNECTION WITH SUCH TRANSMISSIONS. ALLISON TRANSMISSION SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM BREACH OF THIS WARRANTY OR ANY IMPLIED WARRANTY.

QUESTIONS
If you have any questions regarding this warranty or the performance of warranty obligations, you may contact any Allison Transmission Distributor or Dealer or write to:

Allison Transmission, Inc.

P.O. Box 894
Indianapolis, IN 46206-0894
Attention: Warranty Administration PF-9

Form SE0616EN (201009)

Page 2 of 2 ends

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 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,

3. BUYER'S EXCLUSIVE REMEDY.

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.

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.

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:

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.

3. BUYER'S EXCLUSIVE REMEDY.

Effective March 15, 2010

AMDOR Inc. TERMS OF BUSINESS AND GENERAL INFORMATION

Warranty:

All AMDOR Inc. roll-up door products are warr anted for a period of 10 years from the date of delivery (with the exception of wet paint adhesion - please see below). AMDOR Inc. liability covers the replacement or repai r of any component that fails due to defects in material and / or workmanship during the coverage period. We accept no liability for claims made for damages to any part (or parts ) of a vehicle and / or machine (of any type) or injury claims by a person or persons assumed or alleged to have been brought about by the use or misuse of any product supplied by AMDOR Inc. Warranty coverage does not extend to door atta chments including (but not lim ited to) decals, emblems, stripes and adhesives.

In order to initiate the claims process please contact your authoriz ed representative of AMDOR Inc. Warranty claims must be acco mpanied by a written description providing full and reasonable details as to the nature of the defect. Upon receipt of your claim arrangements will be made to inspect the defective produc t (if necessary). Justified warranty claims will be repair ed, exchanged, or credited to the customer's account at AMDOR Inc.'s discretion. All warranty claims must be approved in writing by the Customer Service Manager for AMDOR Inc. There are no exceptions to this clause.

Limited warranty coverage includes the labor associated with the disassembly and assembly of products deemed to be defective by AMDOR Inc. Labor allowances are based on a set time schedule as determined by AMDOR Inc. The maximum allowable hourly labor rate is $ 50. All warranty labor claims must be approved in writing by an authorized representative of AMDOR Inc. prior to commenc ement of work. Allowances for removal and installation:

Curtain replacement: 3/4 hour
Balancer replacement: 1 hour
Door ajar switch 3/4 hour
Bottom Panel Assembly: 1/2 hour
Slat replacement: 3/4 hour
Door removal and replacement 1 1/2 hours

Items authorized for return must be acco mpanied by a Return Goods Authorization (RGA) number. We will accept collect sh ipments of items de emed to be defective provided that they are returned via the most economical carrier. Should items be returned by means other than the most economical carrier the difference will be charged back to the sender.

AMDOR Inc. reserves the right to reject any claim when a product has been opened, interfered with or modified. Claims may also be rejected when damage to the product (or any sub-assembly) has been brought about by accident, misuse, abuse, vandalism, incorrect installation, temperature extremes, chemical exposure or any factor other than regular operating conditions.

Limited Wet Paint Match Adhesion Warranty

AMDOR Inc. warrants wet paint finishes applied by AMDOR utilizing our approved factory paint specification. All wet paint matc h colors must be approved in writing by an authorized OEM representative. AMDOR Inc. will provide a color spray out for this purpose. The time required for shipping and cons ideration of initial color spray outs will be considered over and above stated lead time s. Warranty coverage will extend for a period of not less than 5 years from the date of delivery as determined by AMDOR Inc.'s Packing Slip. AMDOR reserves the right to determine whether individual units will be replaced and / or repaired by an AMDOR approved vendor. An allowance will be made for labor associated with the disassembly and assembly of individual units at the prescribed hourly rate of $ 50 per hour. Compensation for labor will not exceed the maximum time allowance permitted for door removal and replacement. Written approval including specified allowance for time must be obtained from AMDOR prior to initiating work. Warranty coverage will ext end to the following visible paint system defects:

1./ Loss of mechanical adhesion as eviden ced by peeling, cr acking or blistering which exposes the substrate material.

2./ Corrosion of the substrat e due to paint system failure.

3./ Fading which results in a subs tantial departure from the primary AMDOR approved body color.

Wet paint adhesion limited warranty coverage will be excluded when damages to the system are determined by AMDOR Inc. to be a result of the following:

1./ Damage caused through the use of atta chments including (but not limited to) decals, labels, adhesives, non factory approved coatings.

2./ Loss of gloss, discoloration or damage due to improper maintenance (including but not limited to) mechanical wash systems, pressure washers, steam cleaners, non approved wash or polishing agents.

3./ Abuse, acts of nature, excessive heat / cold, chemical exposure, vandalism and / or accidents.

4./ Scratches, chips, abrasions, or dents from any source.

This document supercedes all previous written and / or verbal warranties provided by AMDOR Inc. and / or it's affiliates.

Fire and Rescue Apparatus
Coverage:

Twenty (20) Year Structural Integrity
Pierce Aerial Device
Limited WarrantyLimited WarrantyLimited WarrantyLimited Warranty Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to:

Each new Pierce Aerial Device shall be free from defects in material and workmanship.

Aerial Device Models Covered by this warranty include:

Aerial Platforms
Aerial Ladders
SkyBoom

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 torque box, turntable, aerial sections and other structural components of the aerial
device, as identified in the Pierce specifications for the aerial device. This warranty shall be void if, or to the extent that the aerial device is not maintained in strict compliance with NFPA Standard 1911 in effect at time of sale, including such periodic inspections and testing by qualified third parties as are required by that Standard as it may be in effect from time to time. Proof of such compliance shall accompany any
claims under this warranty. Third party testing agencies known to Pierce to be qualified for such purposes may be obtained from the Pierce Customer Service Department
This warranty does not apply to damage caused by
corrosion.

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,

Twenty (20) Years
- or -
100,000 Miles
Warranty Period
Ends After:

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.

{00046826;v2}
AMITY FIRE AND SAFETY, INC.
3750 CHESTNUT ROAD
ALBURTIS, PA 18011-0451
Phone: 610-966-3115
Fax: 610-965-6313

* STANDARD FIVE YEAR WARRANTY *
(standard warranty is in effect for parts shipped after 4/15/10) Three Function Swivel

A. PRESHIPMENT TESTING The Three Function Swivel fabricated by Amity which is exposed to pressure during normal use is subject to final inspection using the following pressure minimums:

1. Hydrostatic applications will be tested to 400 PSI unl ess specified otherwise on approved drawings. Operating pressures on installed systems are not to exceed 250 PSI at any point in the system. Warranty will be voided and Amity will not be held liable for failure and/or damage occu rring from Water Hammering or freezing of water in any system.

2. Hydraulic applications will be tested to 4000 PSI. System operating pressure in application to be 3000 PSI maximum.

3. Dielectric and Continuity Test all circuits. 30 Amp max current loading.

B. THREE FUNCTION SWIVEL MAINTENANCE – Our Three Function Swivel has be en fully tested at assembly. Under no circumstances is there to be any main tenance performed internally or externa lly to the Three Function Swivel by Purchaser or any other third party other than an authorized representative of or Amity itself. The Three Function Swivel is sealed and must remain so. The Three Function Swivel is designed for a long maintenance free life. Should any problems occur or replacement be necessary, first contact Amity. There is to be no field maintenance performed on the Three Function Swivel .

C. MOUNTING REQUIREMENTS – The following are the mounting requirements for the Three Function Swivel:

1. Mounting points and methods are to be determined at th e initial design stage. All drawings and applicable documentation must be signed off by both parties and filed fo r future reference. No deviation to the approved mounting is allowed without approval from Amity.

2. The Three Function Swivel is to be mounted concentric to the center of the turntable bearing.

3. All inlet and outlet plumbing to conform to swivel mounti ng, under no circumstances is the Three Function Swivel to be positioned to match connections. This will avoid putting excessive loads on the Three Function Swivel. All tubing or piping to be supported by means other than the Three Function Swivel.

D. LIMITED WARRANTY, LIMITATIONS, CONDITIONS AND PROCEDURES REQUIRED.

1. The Three Function Swivel is warranted to be free of def ects in labor and/or materials for a period of five (5) years from the Date of Service. For purpos es here, “Date of Service” shall mean the date when the Three Function Swivel, or the unit to which the Three Function Swivel is incorp orated, passes final Underwriters Laboratory testing, or similarly compliant testing, and is certified for service. Evidence of such Date of Service shall be required in connection with any warranty claim by Purchaser.

2. The Three Function Swivel shall be repaired or replaced at the sole option and expen se of the Amity provided the Three Function Swivel alleged to be defective was used for its intended normal use of operation and subject to the following qualifications and limitations.

3. Any alteration of the Three Function Swivel without consent from Amity is strictly forbidden and shall void warranty.

4. No welding shall be performed on finished Three Function Swivel.

5. No responsibility is assumed for any malfunctions or damages which are occasionally caused by foreign objects which may be ingested into water or hydraulic systems such as, but not limited to stones, sand or metal chips.

6. Amity assumes responsibility for our Three Function Swivel, which is defective only, and therefore, it will not assume responsibility for labor to either remove or install our Three Function Swivel unless it agrees in writing to assume such responsibility.

7. Unless otherwise approved in writing by the Amity a ll returns of defective Three Function Swivels (or allegedly defective Three Function Swivels) are at Purchaser’s expense and must include a RGA number issued by the Amity.

{00046826;v2}

8. All warranty claims must be presented at the time the problem occurs, or as soon as practical thereafter, either called or faxed to the Amity and include the numbers on the asse mbly’s Amity’s label with a detailed explanation of the difficulty in order for the matter to be appropriately evaluated and resolved.

9. Amity will not be held liable for damage incurred during shipment.

10. No responsib ility shall be assumed for misuse or improper mounting, unreason ably use or abuse of the Three Function Swivel and or failure to provide or use improper maintenance, failure to follow written installation and use in instruction or any use other than the customary designed use.

THE REMEDIES PROVIDED IN TH E ABOVE EXPRESS LIMITED WARRANTY AND ARE THE SOLE AND EXCLUSIVE REMEDIES AVAILABLE. NO OTHER EXPRESS WARRANTIES ARE MADE. ALL IMPLIED

WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE ARE LIMITED IN DURATION AS SET FORTH ABOVE. IN NO EVENT SHALL THE AMITY ASSUME OR BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES.

THE WITHIN DESCRIBED WARRANTY SHALL ONLY BE AFFORDED TO THE ORIGINAL PURCHASER OR FOR

INCORPORATION INTO ANOTHER UNIT AND TO FIRS T PURCHASER AS PART OF COMPLETED UNIT,

HOWEVER, THE WARRANTY PERIOD OF FIVE YEARS IS FROM THE DATE OF SERVICE WITH THE UNDERSTANDING IT IS INSTALLED WITHIN A REASONABLE TIME PERIOD.

Dated: _______________ ____, 20__

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.

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
hydraulic lines, fittings, valves, seals, cylinders, filters, pumps, hydraulic motors, rotary actuators, or components which Pierce determines to have failed due to defective material and workmanship.

This warranty shall not apply unless the aerial device is inspected in accordance with NFPA 1911 Standard for
Inspection, Maintenance, Testing, and Retirement of In- Service Automotive Fire Apparatus and the applicable Pierce Operator and Maintenance Manuals.

Conditions and
Exclusions:

Fire and Rescue Apparatus
Coverage:

Five (5) Year Material and Workmanship Aerial Hydraulic System Components
Three (3) Year Material and Workmanship Aerial Hydraulic System Seals
Five (5) Years and Three (3) YearsWarranty Period
Ends After:

The date of the original purchase invoice (issued when the product ships from the factory).Warranty Begins:

The aerial hydraulic system components and seals shall be free from component or structural failures caused by defects in material and/or 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,

3. BUYER'S EXCLUSIVE REMEDY.

{00046826;v2}
AMITY FIRE AND SAFETY, INC.
3750 CHESTNUT ROAD
ALBURTIS, PA 18011-0451
Phone: 610-966-3115
Fax: 610-965-6313

* STANDARD TEN YEAR WARRANTY *
(standard warranty is in effect for parts shipped after 4/15/10) Telescopic Waterways

A. PRESHIPMENT TESTING All waterways fabricated by Amity are final inspected using the following pressure minimums:

B. COMPONENTS DESCRIPTION AND MAINTENANCE

1. All components are thoroughly greased at assembly. Since in ternally lubricated seals are used, regular greasing is not required. We recommend components not be greased at installation.

2. Slip Tube Assemblies may be greased at the Amity’s regul arly scheduled Aerial Inspections. The seals in the Slip Tube Assemblies are self-lubricating, so greasing is not mandatory. We do recommend a visual inspection of the Slip Tube Assembly while it is fully extended after initial installation, from that point on we recommend inspection every ten hours of aerial operation. If any deposits of aluminum appear, they are to be rubbed off using a Teflon scouring pad.

Slip Tube Assemblies are designed to give long maintenance free service; however, like any product, problems may occur and periodic visual insp ections will aid in determining if a potential problem exists and warrants a call to us.

Care must be taken to keep debris off of extended tubes. We recommend wiping tubes with light oil (10 weight) or hydraulic oil after use, if tubes appear to have contamination on them. Under no circumstance are tubes to be cleaned with lacquer thinner, or any other solvent.

C. LIMITED WARRANTY, LIMITATIONS, CONDITIONS AND PROCEDURES REQUIRED.

1. Products are warranted to be free of defects in labor and/or materials for a period of ten years from the date of purchase from the Amity and shall be repaired or replaced at the sole option and expense of the Amity provided the products alleged to be defective was used for its intended normal use operation and subject to the following qualifications and limitations.

2. Any alteration of product without consent from Amity is strictly forbidden and shall void warranty.

3. No welding shall be performed on finished product.

4. No responsibility is assumed for any malfunctions or damages which are occasionally caused by foreign objects which may be ingested into water system such as, but not limited to stones, sand or metal chips.

5. Amity assumes responsibility for our product, which is defec tive only, and therefore, it will not assume responsibility for labor to either remove or install our product unless it agrees in writing to assume such responsibility.

6. Unless otherwise approved in writing by the Amity all returns of defective (or allegedly defective products) are at Purchaser’s expense and must include a RGA number issued by the Amity.

7. All warranty claims must be presented at the time the problem occurs, or as soon as practical thereafter, either called or faxed to the Amity and include the numbers on the asse mbly’s Amity’s label with a detailed explanation of the difficulty in order for the matter to be appropriately evaluated and resolved.

8. Amity will not be held liable for damage incurred during shipment.

9. No responsibility shall be assumed for misuse or improper mounting, unreasonabl y use or abuse of the Product and or failure to provide or use improper maintenance, failure to follow written installation and use in instruction or any use other than the customary designed use.

THE REMEDIES PROVIDED IN TH E ABOVE EXPRESS LIMITED WARRANTY AND ARE THE SOLE AND EXCLUSIVE REMEDIES AVAILABLE. NO OTHER EXPRESS WARRANTIES ARE MADE. ALL IMPLIED

WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR

{00046826;v2}
FITNESS FOR A PARTICULAR PURPOSE OR USE ARE LIMITED IN DURATION AS SET FORTH ABOVE. IN NO EVENT SHALL THE AMITY ASSUME OR BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES.

THE WITHIN DESCRIBED WARRANTY SHALL ONLY BE AFFORDED TO THE ORIGINAL PURCHASER OR FOR

INCORPORATION INTO ANOTHER UNIT AND TO FIRS T PURCHASER AS PART OF COMPLETED UNIT,

HOWEVER, THE WARRANTY PERIOD OF TEN YEARS COMMENCES UPON INSTALLATION INTO FINAL ASSEMBLY WITH THE UNDERSTANDING IT IS INSTALLED WITHIN SIX MONTHS OF PURCHASE.

Dated: ____________________ ____, 20___

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.

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
0-24 months 100%
25-48 months 50%
Integrity of Coating System: Adhesion, Blistering/Bubbling 0-24 months 100%
25-48 months 50%
Corrosion: Dissimilar Metal and Crevice
0-24 months 100%
25-48 months 50%
Corrosion Perforation
0-24 months 100%
25-48 months 50%
This limited warranty applies only to exterior paint.

Conditions and
Exclusions:

Fire and Rescue Apparatus
Coverage:

Four (4) Year Pro-Rated Paint and Corrosion
Aerial Device
Four (4) YearsWarranty Period
Ends After:

The date of the original purchase invoice (issued when the product ships from the factory).Warranty Begins:

Aerial device shall be free from blistering, peeling, corrosion or any other adhesion defect caused by defective
manufacturing methods or paint material selection for
exterior surfaces.
(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.

3. BUYER'S EXCLUSIVE REMEDY.

STANDARD

Harrison Hydra-Gen® (Seller) extends to the original purchaser (Buyer) of goods for use (whether it be an OEM, dealer, re-seller, or end-user) the following warranty covering the Harrison Hydra- Gen® Generator System, subject to the qualifications indicated. Harrison Hydra-Gen® Generator Systems shall consist of a Harrison generator tray assembly and its’ components, a Harrison hydraulic pump assembly, and a Harrison supplied meter assembly; unless otherwise specified in below guidelines.

Harrison Hydra-Gen® warrants the original purchaser that the Generator System manufactured or supplied by Harrison Hydra-Gen® will be free from defects in materials and workmanship, provided such goods are:

1. Installed, operated and maintained in accordance with the Harrison Hydra-Gen® owner’s manual, and/or written installation addendums.

2. Each new application has been reviewed and approved by the Harrison Hydra-Gen® Application Engineering Group.

PERIOD OF WARRANTY

*Two (2) years or 2000 hours of usage, whichever
comes first, from the date the product is shipped from
Harrison to the Installer.

*The END USER must complete and return to Harrison Hydra-Gen the Harrison Hydra- Gen Warranty Registration Card, Form WR-1, provided in the generator manual and provided online @ www.harrisonhydragen.com, within 45 days of delivery.

Warranty includes all parts and labor. In addition, maintenance items that are contaminated or damaged by a proven warrantable failure are covered in years 1-2, and Labor time up to 4 hours, travel time up to 2.5 hours, and mileage up to 100 miles for warranty related repairs are covered.

| 14233 West Road | Houston TX 77041 | Tel 281.807.4420 | Fax 281.807.4815 | www.harrisonhydragen.com | Repair or replacement parts are warranted for ninety (90) days from date of purchase, excluding labor and travel expenses. Any part repaired or replaced during the warranty period assumes the remainder of the warranty or ninety (90) days, whichever is greater.

Only components supplied by Harrison Hydra-Gen are covered under this warranty.

There is no other express warranty. Implied warranties, including merchantability and fitness for a particular purpose, are limited to periods set forth above and to the extent permitted by law. Any and all implied warranties are excluded. In no event is Harrison Hydra-Gen liable for incidental or consequential damages.

The Buyer (OEM, dealer, re-seller, or end-user) must notify Harrison Hydra-Gen, an Authorized Distributor, or a designated Harrison Hydra-Gen Service Representative, in writing, within thirty (30) calendar days after goods or parts failed to meet this warranty.

The sole liability of Harrison Hydra-Gen and the Buyer’s sole remedy for a failure of goods under this warranty and for any and all other claims arising out of the purchase and use of the goods, including negligence on the part of the manufacturer, shall be limited to the repair or replacement of the product, at the option of Harrison Hydra-Gen, of the parts that do not conform to this warranty, provided that the product or parts are returned to the Harrison Hydra- Gen manufacturing facility.

A Returned Goods Authorization (RGA) is required for all products and parts being returned, and may be requested by phone, fax, email, or mail.

Failure to make timely delivery to Harrison Hydra-Gen of the goods claimed to be defective shall void any warranty.

Unless previous written agreements have been made between the Buyer and Harrison Hydra- Gen, the Buyer shall be responsible for all freight and shipping charges in connection with the delivery of the goods claimed to be defective, to Harrison Hydra-Gen at its manufacturing facility, and the return of repaired or replacement goods to the Buyer.

If Harrison Hydra-Gen determines that no warranty coverage is available for goods claimed to be defective, whether determination is based on the warranty being voided, the product failure

| 14233 West Road | Houston TX 77041 | Tel 281.807.4420 | Fax 281.807.4815 | www.harrisonhydragen.com | being due to a cause not covered by the warranty, the failure to make a timely and proper warranty claim, or otherwise, the Buyer shall have the option of either:

1. Having the goods not repaired and returned to the Buyer, freight collect.

2. Having the goods repaired, If Harrison Hydra-Gen determines that the product is repairable, and returned to the Buyer, freight collect. The Buyer will be responsible for all costs associated with the repair and testing of the goods and shall authorize Harrison Hydra-Gen, in writing, to have the goods repaired and tested by Harrison Hydra-Gen.

The owner is obligated to operate and maintain the goods in accordance with the recommendations published by Harrison Hydra-Gen in the owner’s manual. The owner is responsible for the costs associated with such maintenance and any adjustments that may be required.

This warranty shall not apply to:

1. Damages or defects caused by normal wear, accident, misuse, abuse, abnormal operating conditions, negligence, corrosion, accident causes, or attributable to written specifications or instructions furnished by the installer.

2. Damages or defects caused by improper maintenance in accordance with the Harrison Hydra-Gen product manuals and operating guidelines.

3. Damages caused by operator error.

4. Damages or defects caused by improper installation.

5. Damages or defects caused by inadequate water drainage provided by the installer in the area where the generator is installed or stored.

6. Damages or defects caused by inadequate air flow space or ventilation provided by the installer in the area where the generator is installed.

7. Any product or part altered or modified by the installer or service facility without written prior consent by Harrison Hydra-Gen.

8. Cost of normal maintenance, adjustments, installation or start-up.

9. Normal wear items and components needing periodic maintenance such a rubber hoses and filters.

10. Excessive labor due to components being concealed in vehicle as a result of installation.

11. Water, road debris, excessive dirt, salt, abrasive particles, or large foreign objects found in the generator.

12. Telephone or other communications expense.

13. Paint, hydraulic fluid, and interconnecting hoses (internal or external to system assemblies).

No person is authorized to give any other warranties or to assume any other liabilities behalf of Harrison Hydra-Gen, unless made or assumed in writing by an officer of Harrison Hydra-Gen.

Contact Harrison Hydra-Gen for questions regarding your warranty rights and responsibilities at (281) 807-4420; or visit our website at www.harrisonhydragen.com.

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.

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:

Conditions and
Exclusions:

Fire and Rescue Apparatus
Coverage:

Ten (10) Year Pro-Rated Paint and Corrosion
Custom Body
Ten (10) YearsWarranty 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.

3. BUYER'S EXCLUSIVE REMEDY.

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.

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:

Fire and Rescue Apparatus
Coverage:

One (1) Year Material and Workmanship
Graphics Fading and Deterioration
One (1) YearWarranty Period
Ends After:

The date the apparatus is placed in service, or 60 days from the original buyer invoice date, whichever comes first.Warranty Begins:

Each graphic lamination shall be free from defects in material ,
workmanship, fading, and deterioration.
(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.

3. BUYER'S EXCLUSIVE REMEDY.

JROGHQVWDWHĆUHFRP

DEALER SUPPLIED

PRODUCTS SERVICES
Exhibit “D”
5 AND
/OR
1 DEALER SUPPLIED EQUIPMENT and/or SERVICES
The following items and/or services will be provided by Golden State Fire Apparatus Inc. (GSFA) and are shown PER UNIT unless otherwise noted:

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.

WEEKLY PROGRESS REPORTS
GSFA will provide weekly progress reports including photographs of the apparatus or the major components as they are being constructed. The reports 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.

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.

PRE-CONSTRUCTION, FACTORY TRIP
A pre -construction trip to the manufacturing facility will be provided for four (4) 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 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 2 ticket cost but also any change or cancellation fees imposed by the airline and/ or travel agency. Flight reservations are also non-transferable.

FINAL INSPECTION, FACTORY TRIP
A final inspection trip to the manufacturing facility will be provided for four (4) 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 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.

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.

CONTINGENCY RESERVE FUND
A Contingency Reserve Fund amounting to $25,000 per unit is incorporated into the quotation to address potential change orders, unforeseen items, or necessary work that may arise during the contract. The utilization of this reserve fund is at the sole discretion of the Customer. It is essential to note that this reserve fund is not an estimate for the aforementioned contingencies, and the actual costs associated with change orders, unforeseen items, or required work may surpass the reserved amount depending on their nature.

Any unused portion of the Contingency Reserve Fund will be credited back on the final invoice.

Alternatively, if not credited, the remaining funds will be promptly returned to the Customer in the form of a check following the completion of the final invoicing process. This approach guarantees financial transparency and effective management throughout the project.

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 s hall 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.

3 • 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.

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”
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#25-493, Version: 1
Treasurer’s Report - Quarter Ended September 30, 2025
Accept the Treasurer’s Report for FY 2025-26 first quarter ended September 30, 2025.

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CITY OF SALINAS

COUNCIL STAFF REPORT
DATE: DECEMBER 9, 2025
DEPARTMENT: FINANCE
FROM: SELINA ANDREWS, FINANCE DIRECTOR
TITLE: TREASURER’S REPORT – QUARTER ENDED SEPTEMBER 30, 2025

RECOMMENDED MOTION:

A motion to accept the Treasurer’s Report for FY 2025-26 first quarter ended September 30, 2025.

EXECUTIVE SUMMARY:

The Treasurer’s Report is required to be submitted to the City Council at least quarterly in accordance with California Government Code Section 53600 et. seq. The purpose of the Treasurer’s Report is to update the City Council and the public on the status of the City’s cash balances and investments. The scope of this report covers the first quarter of the 2025 -26 fiscal year ending September 30, 2025, a nd is in compliance with the State’s reporting requirements.

Going forward, staff will present a Treasurer’s Report to Council and highlight material changes between reporting periods.

BACKGROUND:

In February 2022, the City contracted with Chandler Asset Management to provide non- discretionary investment advisory services. Staff is working in conjunction with Chandler to ensure cash and investments adhere to the principles of safety, liquidity, and yield.

At September 30, 2025, the value of the City’s total portfolio is $204.4 million. The City’s market value balances increased by $1.3 million from the prior quarter with an ending balance of $205.8 million. The funds are held as follows:

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The book value represents the culmination of previously appropriated and unspent capital improvement projects, reserves, and estimated fund balances at September 30, 2025 for all funds.

The reserves include Economic Contingency, Facilities Maintenance, Inf rastructure, Other Post Employment Benefits (OPEB), and Enterprise Reserve Funds (Airport and Permit). Currently, the Economic Contingency is maintained at 12%, or $22,114,549, of the Adopted General Fund Budget. Per Government Financial Officers Associati on (GFOA) it is best practice to maintain reserves at 17% - 25% of the current year operating expenditure budget. The table below summarizes the pooled investments by type at September 30, 2025.

On December 2, 2025, staff presented the Treasurer’s Report to the Finance Committee. Of note, the $115 million CIP Carryover identified in the Summary of Pooled Investment Portfolio by Type includes $41 million in encumbered and $74 million in unencumbered projects. There was discussion about both encumbered and unencumbered projects and examples were provided from both categories . Staff will continue to review projects and timelines and present them to the Finance Committee for further discussion. Committee members had clarifying questions and deemed the report received.

Cash & Investments Distribution Book Value Market Value Cash at Banking Institutions 16,946,496 16,946,496
BNY Custody 108,586,164 109,895,081
Money Markets 33,809,588 33,809,588
Local Agency Investment Fund (LAIF) 45,078,313 45,165,296 Total 204,420,561 205,816,461
CIP Carryover 115,000,000$
Reserves 40,600,000
Estimated Fund Balances at 9/30/25 48,821,000
Total 204,421,000$
* Balances are unaudited
Summary of Pooled Investment Portfolio by Type*
September 30, 2025
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The overall portfolio is well diversified with $108.6 million invested in marketable securities, $45.1 million is invested in LAIF, $33.8 Million invested in money markets that are considered liquid (Money markets and cash held in investment accounts), and $16.9 million held in banking institutions. Staff, in conjunction with our financial advisors, periodically review the mix of liquid and long-term investments and adjusts the portfolio according to the market conditions and our short-term cash needs.

Staff review investment statements and make appropriate inquiries of its investment advisors to confirm the existence and viability of the City’s assets. The City invests conservatively in investment policy options in accordance with California State Governm ent Code. The long -term assets are in securities that can be held to maturity, thus are less vulnerable to the fluctuations of the market. All securities are in compliance with the City’s investment policy. There are sufficient funds to meet the City’s expenditure requirements for the next six months.

Cash at
Banking
Institutions

8.29%
Local Agency
Investment Fund
(LAIF)

22.05%
Money Markets

16.54%
BNY Custody
Account

53.12%
Investment Portfolio
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The distribution of investments is displayed in the charts below.

Under 1 Year

21.4%
1 to 3 Years 65.7%
Over 3 Years

12.9%
Maturity Dates
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The first quarter Treasurer’s Report for the period ended September 30, 2025 containing detailed information is attached.

CEQA CONSIDERATION:

Not a Project . The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).

In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or foreseeable indirect physical change on or in the environment, this matter is not a project. Any subseq uent discretionary projects resulting from this action will be assessed for CEQA applicability.

CALIFORNIA GOVERNMENT CODE §84308 APPLIES:

Money Markets

16.4%
Cash at Banking
Institutions

8.2%
Local Agency
Investment Fund (LAIF)

21.9%
US Treasury Note/Bond

27.1%
Federal Agency
Commercial Mortgage-
Backed Security

12.1%
Corporate Note

14.2%
Allocation By Security Type
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No.

STRATEGIC PLAN INITIATIVE:

This item achieves the City Council 2025 Strategic Goal of City Services ensuring fiscal responsibility and finance management.

DEPARTMENTAL COORDINATION:

This staff report was coordinated with the City Manager’s Office and City Attorney’s Office.

FISCAL AND SUSTAINABILITY IMPACT:

Fund

General Ledger Number
(Operating/CIP)
General Ledger Account
Name

Remaining Budget
Appropriation
Amount Requested
n/a n/a n/a n/a n/a

ATTACHMENTS:

Treasurer’s Report – Quarter ended September 30, 2025

ATTACHMENT 1

CITY OF SALINAS

TREASURER'S REPORT
FOR THE QUARTER ENDED September 30, 2025

ITEM

ATTAC

ITEM
ATTACHMENT 1

ATTAC

ATTA

ATTAC

ATTA

ATTACHMENT 1
ITEM 9.10.

ATTACHMENT 1
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#25-548, Version: 1
California Library Literacy Services Adult and Family Literacy Grant Award Approve a Resolution accepting the California Library Literacy Services (CLLS) block grant award in support of Adult Literacy and Family Literacy, for a total award of $231,508 and authorizing the establishment of the CLLS - Adult and Family Literacy fund appropriation totaling $231,508 and corresponding revenue budget to support grant activities; and authorizing the City Manager to execute all grant acceptance documents with the California State Library.

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CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: DECEMBER 9, 2025
DEPARTMENT: LIBRARY & COMMUNITY SERVICES DEPARTMENT FROM: KRISTAN LUNDQUIST, LCS DIRECTOR BY: ERNESTO LIZAOLA, COMMUNITY EDUCATION MANAGER
TITLE: CALIFORNIA LIBRARY LITERACY SERVICES ADULT AND

FAMILY LITERACY GRANT AWARD

RECOMMENDED MOTION:

A motion to approve a Resolution:

1. Accepting the California Library Literacy Services (CLLS) block grant award in support of Adult Literacy and Family Literacy, for a total award of $231,508;

2. Authorizing the establishment of the CLLS – Adult and Family Literacy fund expenditure appropriation totaling $231,508 and corresponding revenue appropriation to support grant activities; and

3. Authorizing the City Manager to execute all grant acceptance documents with the California State Library.

EXECUTIVE SUMMARY:

On September 16 , 202 5, the Salinas Public Library’s Literacy Services was notified by the California State Library Literacy Services (CLLS) of approval for an award of $231,508 to support Adult Literacy and Family Literacy program s. These funds are distributed to all California Libraries providing literacy programs annually and will support adult and family literacy programming for English-speaking adults with low-literacy skills, and their families, and will be provided primarily to adults and f amilies enrolled in the library’s Adult Literacy and Family Literacy programs.

BACKGROUND:

The Library’s Adult Literacy program is dedicated to promoting lifelong learning through a variety of literacy programs and services. The grant will enable the library to employ temporary part-time staff to work in adult and family literacy programs, acquire books, supplies and learning materials Page | 2
that enhance our adult and family education programs, and increase our capacity to provide high- quality adult and family literacy services, including but not limited to Computer Literacy instruction, Citizenship and High School Equivalency preparation programs, Family Reading Circles, Family Learning events, and staff trainings to enhance family literacy skills and best practices. Library staff are prepared to offer both in-person and/or virtual instruction.

The California Library Literacy Services funding formula for Adult Literacy programs includes a baseline amount ($2 5,000) for each approved library literacy program, and a per capita amount per adult learner served in our program as reported in the most recent Final Report on file from our library; and additional funding based on local funds raised and expended for adult literacy services, reflecting a commitment to state /local partnerships in support of literacy services. The City’s total allocation for FY 2025-26 is $231,508. Because the City continues to invest in its Literacy Services, and the library continues to run a very successful program which served more than 400 adults in 2024/2025, the library award is one of the highest in the State.

CEQA CONSIDERATION:

Not a Project . The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).

CALIFORNIA GOVERNMENT CODE §84308 APPLIES:

No.

STRATEGIC PLAN INITIATIVE:

Approving the resolution will support the City Council Strategic Plan Goals to provide important city services and relevant literacy programs to Salinas families, including youth and seniors.

DEPARTMENTAL COORDINATION:

The Library & Community Services Department will work with the Finance Department to receive funds, establish expenditure accounts, and prepare final budget reports required at the end of the grant period.

FISCAL AND SUSTAINABILITY IMPACT:

No matching fu nds are required from the City of Salinas to receive the grant funds, and the Resolution will authorize the establishment of a revenue appropriation and corresponding expense budget to support grant activities.

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Fund

General Ledger Number
(Operating/CIP)
General Ledger Account
Name

Remaining Budget
Appropriation
Amount Requested
3252 70.7340 – various
(expenditure)
Library Literacy NA $142,956
3252 70.7350 – various
(expenditure)
Family Literacy NA $88,552
3252 70.7340-55.6222 (revenue) Library Literacy NA $142,956 3252 70.7350-55.6222 (revenue) Family Literacy NA $88,552

ATTACHMENTS:

Council Resolution
Award Letter, California Library Literacy Services dated September 16, 2025

RESOLUTION NO. _________ (N.C.S.)

A RESOLUTION ACCEPTING THE CALIFORNIA LIBRARY LITERACY SERVICES GRANT AWARD IN THE AMOUNT OF $231,508 IN SUPPORT OF ADULT LITERACY AND

AUTHORIZING RECEIPT OF FUNDS
WHEREAS, the California Library Literacy Services granted funding in the amount of $231,508 in support of Adult and Family Literacy programs for Salinas Public Library; and

WHEREAS, this grant will support the Library’s Adult and Family Literacy programs and provide greater learning opportunity that matches the needs of our community; and

NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council authorizes the receipt of the California Library Literacy Services (CLLS) block grant awar d in the amount of $231,508 and authorizes the establishment of the CLLS – Adult and Family Literacy fund expenditure appropriation totaling $231,508 and corresponding revenue appropriation to support grant activities; and

BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to execute all grant acceptance documents with the California State Library.

PASSED AND APPROVED this 9th day of December, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
____________________________________
Dennis Donohue, Mayor

ATTEST:
______________________________
Patricia M. Barajas, City Clerk

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16 September 2025
Kristan Lundquist
Salinas Public Library
350 Lincoln Avenue
Salinas, CA 93901
Dear Kristan Lundquist,
We are pleased to provide funds to support your California Library Literacy Services program and the important work that you, your staff, and your volunteers do in your community.

Your total award amount for the 2025-2026 fiscal year beginning July 1, 2025, is:
• Adult Literacy and Family Literacy Services: $231,508 • Total Award: $231,508
CLLS programs with Family Literacy Services will receive one award total, referred to as a “block grant,” for the 2025-2026 project period. Your library is responsible for allocating award funds between Adult Literacy Services and Family Literacy Services to respond to community needs and for adhering to the following requirements:
• At least 51 percent of the block grant award must be allocated to Adult Literacy Services.
• At least 26 percent of the block grant award must be allocated to Family Literacy Services.
• Programs who requested a fixed award for Family Literacy Services may adjust their request by +/- 25 percent. Contact your state team for support.

The block grant model does not apply to English as a Second Language Services funds for the 2025-2026 project period.

Your award will be claimed in two stages. The claim form included in this award packet will allow you to request the first 90% of your total award:
• Total Initial Award Amount: $208,357
Information about claiming the rest of your award is included in the payment schedule at the end of your award packet.

You must encumber your funds by June 30, 2026. You must fully expend funds by September 30, 2026, or by the final report due date, in accordance with your approved Docusign Envelope ID: F955D8DE-DBD7-4DB8-95E1-8F1FFF756573 >ŝďƌĂƌǇʹ ŽƵƌƚƐƵŝůĚŝŶŐ ϵϭϲͲϯϮϯͲϵϳϱϵ
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budget on file with the State Library. Encumbered funds are those that have been deposited in the grantee’s accounting system and for which a budget has been provided to and approved by the State Library.

Review the California Library Literacy Services Allowable and Unallowable Expenses guidelines to ensure project expenditures are consistent with the California Library Literacy Services allowable expenses. If you have questions about expenses or expending award funds, contact Allyson Jeffredo at [email protected].

We strongly encourage your program staff to develop and maintain community partners to strengthen your program, attend regular regional library literacy network meetings, participate in your local Adult Education Consortium/a, and participate in library literacy training opportunities offered by the regional networks and the State Library to meet the California Library Literacy Services Mission, Values, and Program Essentials. Additional California Library Literacy Services resources can be found on the California Library Literacy Services website.

The payment process begins when we receive your completed and signed claim form, certification form, and State Funded Grants Award Agreement and Certificate of Compliance included in this packet. All forms should be completed and signed through Docusign to be processed for payment.

Our library literacy staff are available to assist you throughout the year. Contact your Program Consultant Julianna Robbins and your Grant Monitor Allyson Jeffredo at [email protected] with any questions.

Thank you for your willingness to do so much for those in your community. Best wishes for a successful year.

Respectfully yours,
Greg Lucas
California State Librarian
Cc: Julianna Robbins, [email protected]
Allyson Jeffredo, [email protected]
State Library Fiscal Office, [email protected] Cathy Andrews, [email protected]
Enc: Re: CLLS25-67: Claim form, certificatio n form, and State Funded Grants Award Agreement and Certificate of Compliance
Docusign Envelope ID: F955D8DE-DBD7-4DB8-95E1-8F1FFF756573 10/11/2025

City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#25-551, Version: 1
Modifications to Biological Resource Mitigation Measures for West Area Specific Plan (WASP Mitigation Measures 3.2-1 through 3.2-4 and 3.2-7)
Approve a Resolution amending the Mitigation Monitoring and Reporting Program (“MMRP”) for the West Area Specific Plan (“WASP”) to make modifications to mitigation measures for potential impacts to the California tiger salamander (“CTS”), the California red-legged frog (“CRLF”), and irrigation ditches and roadside ditches potentially subject to federal or state regulatory jurisdiction.

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1 CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: DECEMBER 9, 2025
DEPARTMENT: CITY ATTORNEY’S OFFICE
FROM: CHRISTOPHER A. CALLIHAN, CITY ATTORNEY

JAMES MOOSE, OUTSIDE LEGAL COUNSEL

TITLE: MODIFICATIONS TO BIOLOGICAL RESOURCE MITIGATION

MEASURES FOR WEST AREA SPECIFIC PLAN
(WASP Mitigation Measures 3.2-1 through 3.2-4 and 3.2-7)

RECOMMENDED MOTION:

A motion to approve a Resolution amending the Mitigation Monitoring and Reporting Program (“MMRP”) for the West Area Specific Plan ( “WASP”) to make modifications to mitigation measures for potential impacts to the California tiger salamander ( “CTS”), the California red - legged frog ( “CRLF”), and irrigation ditches and roadside ditches potentially subject to federal or state regulatory jurisdiction.

EXECUTIVE SUMMARY:

The proposed Resolution amends the M MRP for the W ASP by making modifications to Mitigation Measures 3.2 -1 through 3.2 -4 and 3.2 -7. Mitigation Measures 3.2 -1 through 3.2 -4 relate to the process required for addressing potential impacts to the California tiger salamander and California red-legged frog and their habitats. Mitigation Measure 3.2 -7 relates to the process required for addr essing potential impacts to irrigation and roadside ditches. The recommended changes to the affected mitigation measures would benefit the City as a whole because the mitigation measures as revised could facilitate the more prompt development of housing wi thin the WASP, which has already been delayed for four years due to litigation over the WASP and its EIR filed in January 2020 by the Santa Rita Union School District (“SRUSD”) and the Salinas Unified High School District (“SUHSD”). That litigation was not resolved in the City’s favor until November 2023.

BACKGROUND:

In December 2019, when the City Council approved the WASP, the Council also approved an MMRP committing the WASP developers to carry out various mitigation measures developed in the Environmental Impact Report ( “EIR”) for the WASP. The mitigation measures for the CTS assumed the need for formal inter-agency consultation and permitting under both the federal

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2 Endangered Species Act ( “ESA”)1 and the California Endangered Species Act ( “CESA”)2; and the mitigation measures for CRLF assumed the need for consultation and permitting under the ESA. The mitigation for impacts to irrigation and roadside ditches called for inter-agency consultation and (possibly) permitting under the federal Clean Water Act (“CWA”) and under California Fish and Game Code provisions governing the alteration of the bed, channel, or banks of rivers, streams, and lakes.

City staff have recently learned that it is not certain that the assumed ESA and CE SA consultations for CTS and CRLF will be necessary, as City staff and the City’s environmental consultants had assumed in 2019 . It now appears that, at least in some areas within the WASP, development can occur without any adverse effects on CTS, CRLF, or their hab itats. The City Attorney is therefore recommending that the relevant mitigation measures be modified to require such consultation only if CTS and CRLF are determined to be actually present within the WASP.

The proposed changes would allow the approval of discrete “development projects” within the larger WASP area to proceed without the need for ESA and/or CESA consultations on the entire WASP, so that areas free of CTS and CRLF and their habitats can proceed without such consultations. The changes might al so allow the entire WASP to avoid consultations if future surveys show an absence of any suitable habitat for the two species.

City staff ha ve also reviewed the mitigation measure dealing with the “irrigation ditches and/or roadside ditches” within the WASP area. The adopted mitigation language requires the WASP developers to obtain “jurisdictional determinations” from both t he United States Army Corps of Engineers (“USACE”) and the California Department of Fish and Wildlife (“CDFW”) . These determinations would address whether USACE has authority over the ditches under the CWA and whether CDFW has authority over them under the Fish and Game Code.

Obtaining such jurisdictional determinations from these two agencies would likely be quite time- consuming, even if the agencies were to ultimately determine they do not have any regulatory jurisdiction over the ditches. Proposed new language would save the WASP developers time by assigning the initial task of assessing possible USACE and C DFW jurisdiction over the ditches to a “qualified wetland consultant,” who would also consider the possible jurisdiction of the Regional Water Quality Control Board (“RWQCB”), which also participates in wetland permitting. If such a qualified wetland consu ltant f inds that these three agencies ha ve no jurisdiction over the ditches, the WASP developers could save substantial amounts of time and money in their efforts to build new housing in the City.

Although approved by the City Council in late 2019, the W ASP was tied up in litigation for nearly four years in litigation filed by the SRUSD and SHUSD. During that time period, the WASP

1 16 U.S.C. § 1531 et seq.

2 Fish & G. Code, § 2050 et seq.

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3 developers were unable to proceed with steps to develop their properties due to the ongoing litigation. As is typical, financi al institutions (banks and other lenders) will not provide construction loans on land for which litigation under the California Environmental Quality Act (“CEQA”)3 is pending. And developer s themselves, aware of the uncertain outcomes in CEQA litigation, are generally reluctant to invest large sums of money in reliance on project approvals that, at least in theory, could be set aside by a court. The litigation was not resolv ed until August 2023 (Santa Rita Union School Dist. v. City of Salinas (2023) 94 Cal .App.5th 298) ; and final judgment in favor of the City and the WASP developers was not entered until November 2023.

The litigation focused entirely on issues relating to the provision of school facilities for future students living within the WASP. The mi tigation measures for biological resources were never a t issue. The MMRP for the WASP included a total of four mitigation measures directed at potential impacts on the CTS and the CRLF. The CTS is listed as “threatened” under both ESA and CESA.

The CRLF is listed as threatened under ESA but is not listed under CESA. The relevant federal agency for ESA consultation and permitting is the United States Fish and Wildlife Service (“USFWS”), and the relevant state agency under CESA is the California Department of Fish and Wildlife (“CDFW”). Each of these agencies has permitting authority to allow for the “incidental take” of listed species, provided that appropriate mitigation is required.4

The authors of the WASP mitigation measures assumed that the two species were present within the WASP and thus wrote the measures in a way that requires the WASP applicants to consult with the USFWS and CDFW “to obtain the appropriate regulatory approvals and authorizations regarding” both CTS and CRLF. In retrospect, this language was unnecessary , as was the implicit requirement that consultation be completed for the WASP as a whole before any portion of the WASP could be developed . The language was not needed because, r egardless of any mit igation measures adopted by the City of Salinas, private property owners such as the WASP developers are subject to all relevant federal and state environmental laws governing their property, and thus will be required to comply with ESA and CESA if their proposed projects would result in the incidental take of species protected by those two statutes.

The City has recently learned that, contrary to what was assumed in the 2019 WASP EIR and MMRP, it is by no means certain that CTS and CRLF are present withi n the WASP or within all discrete existing or future legal parcels within the WASP. The mitigation measures at issue, therefore, could be modified without loss of environmental protection if the City modifies them to substitute conditional language for the current language. The new language would stop short of demanding the acquisition of incidental take permits under ESA and CESA in the event that those species are determined, by qualified biologists, not to be present on WASP properties on which development approvals are sought. The new language would also dispense with the implicit requirement of consultation for the entire WASP before development could proceed anywhere

3 Pub. Resources Code, § 21000 et seq.

4 16 U.S.C. § 1539; Fish & Game Code, § 2081.

Page 4 ends

4 within the WASP.

The proposed changes to the single approved mitigation measure deali ng with the irrigation ditches and roadside ditches would give a “qualified wetlands consultant” a role similar to that of the above-referenced qualified biologist with respect to CTS and CRLF . The current language in the mitigation measure dealing with th e ditches requires the WASP developers to get formal determinations from USACE and CDFW on the question of whether those agencies exercise any legal jurisdiction over the ditches. Because these agencies already have heavy workloads, they cannot be relied u pon to make such determinations expeditiously – even where their ultimate conclusions are that they have no permitting authority to exercise.

The proposed new language would authorize the qualified wetlands consultant to assess these jurisdictional issue s, saving the WASP developers the need to impose unnecessarily on USACE and CDFW. Formal permits from USACE and CDFW would only be required if the qualified wetlands consultant concludes that these two agencies do (or one of them does) in fact have legal authority over the ditches. The new language also adds a new agency to the mix – the RWQCB. Its jurisdiction over wetlands can differ from that of either USACE or CDFW.

Attachment A shows the proposed changes to the mitigation measures at issue. Proposed n ew language is shown with underlining. Proposed deletions are shown in strikethrough.

The proposed modifications would not sacrifice environmental protection in the name of increased flexibility. If qualified biologists, after surveying properties within the WASP, find the presence of suitable CTS or CRLF habitat, then the City will require that the loss of any such habitat from development shall be mitigated in a manner that results in “no net loss of habitat values and functions (though not necessarily a creage).” This mitigation “performance standard” will ensure that development within the WASP will avoid any significant adverse effects on CTS or CRLF habitat. An option for satisfying the standard – if the most efficient way to go – will be through the issuance of incidental take authorizations under ESA and/or CESA.

The changes to the mitigation measure addressing the ditches also maintain the existing level of environmental protection. If the ditches within the WASP are subject to USACE, CDFW, or RWQCB jurisdiction, then the laws administered by those agencies will have to be satisfied. What will change will be that the time f rame for determining the existence of such jurisdiction should be substantially accelerated.

The expectation, in proposing the MMRP modifications set forth above, is that , under scenarios in which CTS habitat, CRLF habitat, and features subject to USACE, CDFW, or RWQCB jurisdiction are not found to be present within areas proposed for development, the actual development of such areas, including new housing, would proceed more expeditiously than it would otherwise.

Page 5 ends

5 CEQA CONSIDERATION:

Covered by the WASP Final EIR. The City of Salinas has determined that the proposed actions modifying WASP Mitigation Measures 3.2-1 through 3.2-4 and 3.2-7 are within the scope of the WASP EIR as certified by the Council in December 2019 and upheld by the Court of Appeal for the Sixth Appellate District in August 2023 in Santa Rita Union School Dist. v. City of Salinas (2023) 94 Cal.App.5th 298.5 The modifications to the mitigation measures for CTS, CRLF, and wetland features have been carefully drafted to ensure that they are as environmentally protective and stringent as the originally adopted measures being modified.

CALIFORNIA GOVERNMENT CODE §84308 APPLIES:

No.

STRATEGIC PLAN INITIATIVE:

This item supports the City Council’s goal of Housing (Facilitate the addition of the overall production of market rate, workforce, low-income, farm worker housing, and ADU development while minimizing impacts to neighborhoods). (2025 Strategic Plan)

DEPARTMENTAL COORDINATION

The City Attorney’s Office and Community Development Department coordinated on the preparation of the revised mitigation measures.

FISCAL AND SUSTAINABILITY IMPACT:

The proposed actions will have no effect on the City’s General Fund, as the costs of mitigation for CTS, CLRF, and wetlands will be borne by the WASP developers as costs of doing business in the development of their properties.

ATTACHMENTS:

Resolution
Attachment A: Revised Mitigation Measures

5 See Cal. Code of Regs., tit. 14, § 15168, subd. (c)(2) (authorizing “within the scope” findings for projects for which Program EIRs have been prepared).

ATTACHMENT A

PROPOSED AMENDED MITIGATION MEASURES AS ADOPTED

Mitigation Measure 3.2-1: Prior to issuance commencement of initial grading and/or building permits activities for any individual development project in the Specific Plan area, the project applicant, assisted by shall retain a qualified biologist, shall consult with the USFWS and CDFW to obtain conduct pre-construction surveys for the appropriate regulatory approvals and authorizations regarding presence of CTS and suitable habitat for CTS. The project applicant’s qualified biologist shall report the its conclusions reached through such consultation to the City’s Community Development Director. If either USFWS, CDFW, or If these surveys indicate the presence of suitable CTS habitat, impacts to this habitat shall be mitigated in a manner that results in no net loss of habitat value and functions (though not necessarily acreage), as determined by the City’s Community Development Director determines that an with input from the applicant’s qualified biologist and any other knowledgeable individual whose advice the Community Development Director seeks. This performance standard can be achieved through a combination of conservation, enhancement, restoration, or re-creation of habitat, either on-site, off-site, or a combination of both, or through the purchase of mitigation credits at a USFWS and/or CDFW-approved conservation bank, and must be satisfied prior to any grading within the impacted portion of the property. One means of achieving this “no net loss” performance standard is to demonstrate to the Community Development Director that a sufficient mitigation program has already been required by any approved incidental take permit is required, the project applicant shall obtain such a permit before engaging in any grading or other site- treatment activities in areas deemed to be viable CTS habitat authorization issued by the USFWS pursuant to the Endangered Species Act and/or by the CDFW pursuant to the California Endangered Species Act.

Mitigation Measure 3.2-2: Prior to issuance of grading and/or building permits, in order to avoid and minimize impacts to California tiger salamander, the proposed project activities The following actions shall be compliant with all Avoidance and Minimization Measures imposed by the USFWS and CDFW during Construction Activities. Examples of standard avoidance and minimization measures include: taken to minimize or avoid any adverse effects on suitable CTS habitat that may be identified through the pre-construction surveys required by Mitigation Measure 3.2-1: 1) conducting environmental education training for all construction personnel, 2) having a biologist with a scientific collecting permit for CTS to be responsible for overseeing any hand excavation of burrows using hand-trowels and spades per the regulatory agency protocols, 3) erecting drift fencing around the work areas if occurring during the migration/breeding season, 4) inspection of drift fencing by a biologist with a scientific collecting permit every 72 hours during the igration migration/breeding season, 5) installation of pit traps to capture CTS migrating during the rain events with a check twice daily (morning prior to construction start and evening after construction ends), 6) relocation of any CTS found immediately to a site designated by the USFWS and CDFW per protocol; and 7) post construction report.

Mitigation Measure 3.2-3: Prior to issuance commencement of initial grading and/or building permits activities for any individual development project in the Specific Plan area, the project applicant, assisted by shall retain a qualified biologist, shall consult with the USFWS and CDFW to obtain conduct pre-construction surveys for the appropriate regulatory approvals and authorizations regarding presence of CRLF and suitable habitat for CRLF. The project applicant’s qualified biologist shall report the its conclusions reached through such consultation to the City’s Community Development Director. If either USFWS, CDFW, or If these surveys indicate the presence of suitable CRLF habitat, impacts to this habitat shall be mitigated in a manner that results in no net loss of habitat values and functions (though not necessarily acreage), as determined by the City’s Community Development Director determines that an with input from the applicant’s qualified biologist and any other knowledgeable individual whose advice the Community Development Director seeks. This performance standard can be achieved through a combination of conservation, enhancement, restoration, or re-creation of habitat, either on-site, off-site, or a combination of both, or through the purchase of mitigation credits at a USFWS-approved conservation bank, and must be satisfied prior to any grading within the impacted portion of the property. One means of achieving this “no net loss” performance standard is to demonstrate to the Community Development Director that a sufficient mitigation program has already been required by any approved incidental take permit is required, the project applicant shall obtain such a permit before engaging in any grading or other site- treatment activities in areas deemed to be viable CRLF habitat authorization issued by the USFWS pursuant to the Endangered Species Act.

Mitigation Measure 3.2-4: PriorThe following actions shall be taken to issuance of grading and/or building permits, in order to avoid and minimize impacts to or avoid any adverse effects on suitable CRLF habitat that may be identified through the proposed project activities shall be compliant with all Avoidance and Minimization Measures imposed pre-construction surveys required by the USFWS and CDFW during Construction Activities. Examples of standard avoidance and minimization measures include: Mitigation Measure 3.2-3: 1) conducting environmental education training for all construction personnel, 2) having a biologist with a scientific collecting permit for CRLF to be responsible for overseeing any hand excavation of burrows using hand-trowels and spades per the regulatory agency protocols, 3) erecting drift fencing around the work areas if occurring during the migration/breeding season, 4) inspection of drift fencing by a biologist with a scientific collecting permit every 72 hours during the migration/breeding season, 5) installation of pit traps to capture CRLF migrating during the rain events with a check twice daily (morning prior to construction start and evening after construction ends), 6) relocation of any CRLF found immediately to a site designated by the USFWS and CDFW per protocol; and 7) post construction report.

Mitigation Measure 3.2-7: Prior to grading/building permit issuancePrior to the commencement of initial grading activities for any individual development project in the Specific Plan Area and in an area that would disturb the irrigation ditches and/or roadside ditches, the project applicant shall retain a qualified wetland consultant to evaluate whether such ditches may be subject to the regulatory authority of either the USACE, RWQCB, or CDFW. If the qualified wetland consultant determines that any or all of these agencies are likely to have regulatory authority over these ditches, then the project applicant shall obtain a jurisdictional determination from the USACE and CDFW appropriate agencies for the ditches that are proposed to be disturbed. If these regulatory agencies concur that these facilities are exempt, then no further mitigation is necessary. If it is determined that these facilities are not exempt, subject to any such regulatory authority, then no further mitigation is necessary. If it is determined that these facilities are subject to such regulatory authority and will be impacted, then authorization for fill from the regulatory agencies (for example, USACE-404 permit, RWQCB- 401 certification, or 1600 Streambed Alteration Agreement) will be necessary and a permit shall be adhered to throughout the construction phase. At If such authorization is required, then at a minimum, the project applicant shall replace on a “no net loss” basis (minimum 1:1 ratio) the acreage and function of all wetlands and other waters that would be removed, lost, or degraded as a result of project implementation or operations, although a higher mitigation measure may be or as otherwise required by the USACE, RWQCB, and CDFW through their permitting processes. Wetland habitat shall be replaced at acreage and location agreeable to the USACE, RWQCB, and CDFW and as determined during the Section 401, 404, and 1600 permitting processes. Alternatively, if authorized pursuant to any such permitting processes, the applicant may satisfy these mitigation requirements by purchasing credits at an approved USACE, RWQCB, and/or CDFW mitigation bank, as applicable.

1 RESOLUTION NO. (N.C.S.)

RESOLUTION AMENDING MITIGATION MONITORING AND

REPORTING PROGRAM FOR WEST AREA SPECIFIC PLAN
(WASP Mitigation Measures 3.2-1 through 3.2-4 and 3.2-7)

WHEREAS, on December 19, 2019, the City Council of the City of Salinas ( “City Council”) certified a Final Environmental Impact Report ( “Final EIR ”) for, and approved, the West Area Specific Plan (“WASP” or “the Project”); and
WHEREAS, in doing so, the City Council also adopted a Mitigation Monitoring and Reporting Program (“MMRP”) for the WASP via Resolution No. 21758 (N.C.S.) (see Exhibit C thereto, pp. 4.0-6 – 4.8-8); and
WHEREAS, the MMRP included mitigation measures addressed to the Project’s potential adverse effects on the California tiger salamander (“CTS”) and the Californi a red -legged frog (“CRLF”) and their habitats (see Mitigation Measures 3.2-1 through 3.2-4); and WHEREAS, the MMRP also included a mitigation measure addressing the anticipated disturbance of “the irrigation ditches and/or roadside ditches,” which might possibly be subject to the regulatory jurisdiction of the United States Army Corps of Engineers (“USACE”) or the California Department of Fish and Wildlife (“CDFW”); and
WHEREAS, the CTS is listed as “threatened” under both the federal Endangered Species Act (“ESA”) (16 U.S.C. § 1531 et seq.) and the California Endangered Species Act (“CESA”) (Fish & G.

Code, § 2050 et seq.); and
WHEREAS, the CRLF is listed as threatened under ESA but is not listed under CESA; and WHEREAS, in their final form as set forth in the MMRP, the mitigation measures directed at the CTS assumed the need for formal consultation and permitting under both the ESA and CESA; and
WHEREAS, the mitigation measures directed at the CRLF assumed the need for consultation and permitting under the ESA; and
WHEREAS, the relevant federal agency for ESA consultation and permitting is the United States Fish and Wildlife Service (“USFWS”), and the relevant state agency under CESA is the CDFW; and
2 WHEREAS, the City of Salinas (“City”) staff has recen tly learned that it is not certain that such ESA and CE SA consultations will actually be necessary, as the City staff and the City’s environmental consultants had assumed in 2019; and
WHEREAS, this new information suggests that there are at least some areas within the WASP in which development could occur without adverse effects on either CTS or CRLF or viable habitat for the species; and
WHEREAS, City staff has therefore recommended that the relevant mitigation measures be modified to require such ESA and/or CESA consultation only if a qualified biologist determines that habitat for CTS and CRLF is actually present, or potentially present, within areas subject to discrete proposed “development projects” within the overall WASP; and WHEREAS, City staff has also identified possible improvements to the sole mitigation measure directed at the irrigation ditches and/or roadside ditches within the WASP; and WHEREAS, this measure currently requires the WASP developers to impose on USACE and CDFW by seeking from them formal determinations as to whether the two agencies exercise any regulatory authority over the filling or destruction of the ditches; and WHEREAS, the WASP developers would likely save substantial amounts of time and money if such determinations could initially be made by a qualified wetland consultant; and WHEREAS, the mitigation measure dealing with the ditches would also be improved if the qualified wetland consultant also reached a determination regarding the possible regulatory a uthority of the Regional Water Quality Control Board over the ditches; and WHEREAS, t he recommended changes to Mitigation Measures 3.2 -1 through 3.2 -4 could facilitate the development of housing within the WASP, which has already been delayed for four years due to litigation over the WASP and its EIR filed in January 2020 by the Santa Rita Union School District (“SRUSD”) and the Salinas Unified High School District (“SUHSD”); and WHEREAS, the Monterey County Superior Court ruled against the City and the WA SP developers in a judgment entered in January 2022; and
WHEREAS, this judgment was later overturned by a decision of the Court of Appeal for the Sixth Appellate District in August 2023 (see Santa Rita Union School Dist. v. City of Salinas (2023) 94 Cal.App.5th 298), resulting in a new final judgment in favor of the City and the WASP 3 developers in November 2023; and
WHEREAS, during the pendency of the litigation, the WASP developers were unable to proceed with steps to develop their propert ies due to the chilling effect of the litigation, as investments in engineering, infrastructure, and other development -related undertakings would have been financially risky and imprudent given the inherent uncertainties associated with litigation filed under the California Environmental Quality Act ( “CEQA”) (Pub. Resources Code, § 21000 et seq.); and
WHEREAS, the four-year delay from the litigation has already adversely affected the City’s planning and economic objectives favoring the construction of much -needed new housing within the City; and
WHEREAS, the City Council is interested in taking reasonable actions to assist the WASP developers in their efforts to bring new housing to the market, thereby benefiting City residents who are interested in purchasing, renting, or leasing such new housing; and WHEREAS, the litigation over the WASP EIR focused entirely on issues relating to the provision of school facilities for future students living within the WASP, such that the legal adequacy and environmental su fficiency of the mitigation measures for biological resource impacts were never issues in dispute; and
WHEREAS, the City Council, as a legislative body, has the inherent authority to modify its legislative action approving the MMRP for the WASP; and WHEREAS, CEQA case law recognizes that adopted mitigation measures may be modified, and even deleted entirely, where an agency’s decision -making body has a “legitimate reason” for taking such action (see , e.g., Napa Citizens for Honest Government v. Napa County Bd. of Supervisors (2001) 91 Cal.App.4th 342, 358-360); and
WHEREAS, the City Council believes it has a legitimate reason for modifying WASP mitigation measures for CTS, CRLF, and the irrigation and/or roadside ditches in a manner that does not weaken them from an environmental standpoint, in that such changes , by possibly avoiding unnecessary consultations under ESA , the Clean Water Act (“CWA”), CESA, and other provisions of the Fish and Game Code could result in bringing much-needed new housing to the market Salinas sooner than might otherwise be the case; and
4 WHEREAS, the changes to WASP Mitigation Measures 3.2 -1 through 3.2 -4 do not represent a weakening of the measures, in that the measures as modified will:
(i) include a performance standard by which, if qualified biologists, after surveying properties within the WASP, find the presence of suitable CTS habitat or CRLF habitat, development must be mitigated in a manner resulting in “no net loss of habitat values and functions (though not necessarily acreage)”;
(ii) leave in place all avoidance and minimization measures previously required to address potential impacts to CTS or CRLF, provided that suitable habitat is identified; and (iii) require a qualified wetland biologist to ascertain whether the filling and/or destruction of the irrigation and/or roadside ditches within the WASP are subject to the regulatory jurisdiction of USACE, CDFW, or RWQCB under the CWA or the Fish and Game Code; and WHEREAS, such chang es to WASP Mitigation Measures 3.2 -1 through 3.2 -4 would not result in any new significant environmental effects or a substantial increase in the severity of previously identified significant effects within the meaning of section 15162, subdivision (a)(1), of the CEQA Guidelines, found in Title 14 of the California Code of Regulations; and WHEREAS, such changes to WASP Mitigation Measures 3.2 -1 through 3.2 -4 are “within the scope” of the WASP EIR (see CEQA Guidelines section 15168, subdivision (c)(2) and D raft EIR, pp. 1.0 -2 through 1.0 -4) and thus may be approved without additional documentation under CEQA;
NOW, THEREFORE, BE IT RESOLVED that the City of Salinas City Council finds and determines the following:

1. The foregoing recitals are true and corr ect and are included herein by reference as findings.

2. The residents of the City of Salinas will benefit from changes to WASP Mitigation Measures 3.2 -1 through 3.2 -4 in that, without weakening them from an environmental standpoint, such changes may contribute to facilitating the earlier development of new housing for those citizens in need of new housing.

3. The WASP EIR, without any need for augmentation, provides sufficient support for the changes to WASP Mitigation Measures 3.2-1 through 3.2-4, as set forth below. 5 NOW, THEREFORE, BE IT FURTHER RESOLVED that the Salinas City Council hereby:
a. Authorizes the amendment of the WASP MMRP, as approved by Resolution No. 21758 (N.C.S.) on December 19, 2019, so that Mitigation Measures 3.2 -1 through 3.2 -4 will now read as follows (with additions shown in underlining and deletions shown in strikethrough):

Mitigation Measure 3.2 -1: Prior to issuance commencement of initial grading and/or building permits activities for any individual development project in the Specific Plan area, the project applicant, assisted by shall retain a qualified biologist, shall consult with the USFWS and CDFW to obtain conduct pre-construction surveys for the appropriate regulatory approvals and authorizations regarding presence of CTS and suitable habitat for CTS . The project applicant’s qualified biologist shall report the its conclusions reached through such consultation to the City’s Community Development Director. If either USFWS, CDFW, or If these surveys indicate the presence of suitable CTS habitat, impacts to this habitat shall be mitigated in a manner that results in no net loss of habitat value and functions (tho ugh not necessarily acreage), as determined by the City’s Community Development Director determines that an with input from the applicant’s qualified biologist and any other knowledgeable individual whose advice the Community Development Director seeks. T his performance standard can be achieved through a combination of conservation, enhancement, restoration, or re -creation of habitat, either on-site, off-site, or a combination of both, or through the purchase of mitigation credits at a USFWS and/or CDFW -approved conservation bank, and must be satisfied prior to any grading within the impacted portion of the property. One means of achieving this “no net loss” performance standard is to demonstrate to the Community Development Director that a sufficient mitigation program has already been required by any approved incidental take permit is required, the project applicant shall obtain such a permit before engaging in any grading or other site -treatment activities in areas deemed to be viable CTS habitat authorization issued by the USFWS pursuant to the Endangered Species Act and/or by the CDFW pursuant to the California Endangered Species Act.

Mitigation Measure 3.2 -2: Prior to issuance of grading and/or building permits, in order to avoid and minimize impact s to California tiger salamander, the proposed project activities The following actions shall be compliant with all Avoidance and Minimization 6 Measures imposed by the USFWS and CDFW during Construction Activities. Examples of standard avoidance and minimization measures include: taken to minimize or avoid any adverse effects on suitable CTS habitat that may be identified through the pre - construction surveys required by Mitigation Measure 3.2-1: 1) conducting environmental education training for all construction personnel, 2) having a biologist with a scientific collecting permit for CTS to be responsible for overseeing any hand excavation of burrows using hand -trowels and spades per the regu latory agency protocols, 3) erecting drift fencing around the work areas if occurring during the migration/breeding season, 4) inspection of drift fencing by a biologist with a scientific collecting permit every 72 hours during the igration migration/breeding season, 5) installation of pit traps to capture CTS migrating during the rain events with a check twice daily (morning prior to construction start and evening after construction ends), 6) relocation of any CTS found immediately to a site designated by the USFWS and CDFW per protocol; and 7) post construction report.

Mitigation Measure 3.2 -3: Prior to issuance commencement of initial grading and/or building permits activities for any individual development project in the Specific Plan area, the project applicant, assisted by shall retain a qualified biologist, shall consult with the USFWS and CDFW to obtain conduct pre -construction surveys for the appropriate regulatory approvals and authorizations regarding presence of CRLF and suitable habitat for CRLF . The project applicant’s qualified biologist shall report the its conclusions reached through such consultation to the City’s Community Development Director. If either USFWS, CDFW, or If these surveys indicate the presence of suitable CRLF habitat, impacts to this habitat shall be mitigated in a manner that results in no net loss of habitat values and functions (though not necessarily acreage), as determined by the City’s Community Development Director determines that an with input from the applicant ’s qualified biologist and any other knowledgeable individual whose advice the Community Development Director seeks. This performance standard can be achieved through a combination of conservation, enhancement, restoration, or re -creation of habitat, eith er on-site, off-site, or a combination of both, or through the purchase of mitigation credits at a USFWS-approved conservation bank, and must be satisfied prior to any grading within the impacted portion of the property. One means of achieving this “no ne t loss” performance standard is to demonstrate to the Community Development Director that a 7 sufficient mitigation program has already been required by any approved incidental take permit is required, the project applicant shall obtain such a permit before engaging in any grading or other site -treatment activities in areas deemed to be viable CRLF habitat authorization issued by the USFWS pursuant to the Endangered Species Act.

Mitigation Measure 3.2 -4: PriorThe following actions shall be taken to i ssuance of grading and/or building permits, in order to avoid and minimize impacts to or avoid any adverse effects on suitable CRLF habitat that may be identified through the proposed project activities shall be compliant with all Avoidance and Minimization Measu res imposed pre-construction surveys required by the USFWS and CDFW during Construction Activities. Examples of standard avoidance and minimization measures include: Mitigation Measure 3.2 -3: 1) conducting environmental education training for all construc tion personnel, 2) having a biologist with a scientific collecting permit for CRLF to be responsible for overseeing any hand excavation of burrows using hand - trowels and spades per the regulatory agency protocols, 3) erecting drift fencing around the work areas if occurring during the migration/breeding season, 4) inspection of drift fencing by a biologist with a scientific collecting permit every 72 hours during the migration/breeding season, 5) installation of pit traps to capture CRLF migrating during the rain events with a check twice daily (morning prior to construction start and evening after construction ends), 6) relocation of any CRLF found immediately to a site designated by the USFWS and CDFW per protocol; and 7) post construction report.

Mitigation Measure 3.2 -7: Prior to grading/building permit issuance Prior to the commencement of initial grading activities for any individual development project in the Specific Plan Area and in an area that would disturb the irrigation ditches and/or roadside ditches, the project applicant shall retain a qualified wetland consultant to evaluate whether such ditches may be subject to the regulatory authority of either the USACE, RWQCB, or CDFW . If the qualified wetland consultant determines that any or all of these agencies are likely to have regulatory authority over these ditches, then the project applicant shall obtain a jurisdictional determination from the USACE and CDFW appropriate agencies for the ditches that are proposed to be disturbed. If these regulatory agencies concur that these facilities are exempt, then no further mitigation is necessary. If 8 it is determined that these facilities are not exempt, subject to any such regulatory authority, then no further mitigation is necessary. If it is determined that these facilities are subject to such regulatory authority and will be impacted, then authorization for fill from the regulatory agencies ( for example, USACE-404 permit, RWQCB -401 certification, or 1600 Streambed Alteration Agreement) will be necessary and a permit shall be adhered to throughout the construction phase. At If such authorization is required, then at a minimum, the project applicant shall replace on a “no net loss” ba sis (minimum 1:1 ratio) the acreage and function of all wetlands and other waters that would be removed, lost, or degraded as a result of project implementation or operations, although a higher mitigation measure may be or as otherwise required by the USAC E, RWQCB, and CDFW through their permitting processes. Wetland habitat shall be replaced at acreage and location agreeable to the USACE, RWQCB, and CDFW and as determined during the Section 401, 404, and 1600 permitting processes. Alternatively, if authorized pursuant to any such permitting processes, the applicant may satisfy these mitigation requirements by purchasing credits at an approved USACE, RWQCB, and/or CDFW mitigation bank, as applicable.

b. Directs the City Community Development Department , wi thin five (5) days of the enactment of this Resolution, to file with the Clerk of the County of Monterey and the Governor’s Office of Land Use and Climate Innovation , pursuant to Public Resources Code section 21152, subdivision (a), a Notice of Determinati on indicating that, in approving the Resolution, the City Council relied on the WASP EIR, as originally certified on December 19, 2019. c. Directs City Community Development Department to prepare a modified official version of the WASP MMRP reflecting the wording changes set forth above and to make said document readily available to the WASP developers and any interested members of the public.

PASSED AND APPROVED this 9th day of December 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
9 APPROVED:

Dennis Donohue, Mayor
ATTEST:

Patricia M. Barajas, City Clerk
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#25-552, Version: 1
Ratification of the Emergency Purchase of Demolition Services and Authorization to Execute an Agreement for Services with Randazzo Enterprises, Inc. for the Demolition of 34, 36, and 38 Soledad Street
Approve a Resolution ratifying the emergency purchase of demolition services from Randazzo Enterprises, Inc. for the demolition 34, 36, and 38 Soledad Street; and authorizing the City Manager to execute an Agreement for Services with Randazzo Enterprises, Inc. for emergency demolition of 34, 36, and 38 Soledad Street for a total compensation amount not to exceed $327,109 from October 17, 2025 to December 31, 2025.City of Salinas Printed on 12/5/2025Page 1 of 1 powered by Legistar™

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CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: DECEMBER 9, 2025
DEPARTMENT: COMMUNITY DEVELOPMENT
FROM: LISA BRINTON, DIRECTOR
BY: GRANT LEONARD, PLANNING MANAGER

TITLE: RATIFICATION OF THE EMERGENCY PURCHASE OF

DEMOLITION SERVICES AND AUTHORIZATION TO EXECUTE

AN AGREEMENT FOR SERVICES WITH RANDAZZO
ENTERPRISES, INC. FOR THE DEMOLITION OF 34, 36, AND 38

SOLEDAD STREET

RECOMMENDED MOTION:

A motion to approve a Resolution

1. Ratifying the emergency purchase of demolition services from Randazzo Enterprises, Inc. for the demolition 34, 36, and 38 Soledad Street; and

2. Authorizing the City Manager to execute an Agreement for Services with Randazzo Enterprises, Inc. for emergency demolition of 34, 36, and 38 Soledad Street for a total compensation amount not to exceed $327,109 from October 17, 2025 to December 31, 2025.

EXECUTIVE SUMMARY:

The recommended motion authorizes the City Manager to execute an Agreement for Services with Randazzo Enterprises, Inc. for the emergency demolition of 34, 36, and 38 Soledad Street in the Chinatown neighborhood following a fire on September 22, 2025 . Due to the urgent n eed to prevent injury or loss of life that could result from collapse of the remaining structure, the City Manager authorized the emergency purchase of demolition services from Randazzo Enterprises, Inc. Section 18 of the City’s purchasing policy and Section 12-24 of the City Code allow the City Manager to approve emergency purchases with subsequent City Council ratification . Regional Early Action Plan grant funds will be used to cover emergency demolition services.

BACKGROUND:

At approximately 4:30 p.m. on Monday, September 22, 2025, a fire began inside 38 Soledad Street, Salinas, CA, a boarded -up building located on city-owned property. Due to the condition of the building and status of the fire, the Fire Department determined it was not safe to enter the structure and established a defensive position to monitor the fire and ensure it did not spread to neighboring Page | 2
structures. No persons were injured in the fire, but 38 Soledad Street was destroyed, and the adjoining city-owned buildings, 36 and 34 Soledad Street were damaged.

The Chief Building Official and Code Enforcement Manager determined that the remaining portions of the building were not structurally sound and pose d a danger to the public due to the potential for collapse of the remaining buildin g materials. The Community Development Department secured the site with temporary fencing and solicited a proposal for the demolition of the remaining structures from Randazzo Enterprises, which was received on Thursday, October 9, 2025.

On October 17, 2025, the City Manager authorized the emergency purchase of demolition services from Randazzo Enterprises, Inc, pursuant to Section 18 of the City’s purchasing policy and Section 12-24 of the City Code , due to the urgent need to prevent injury or loss of life that could result from collapse of the remaining structure. Demolition took place November 5, to November 14, 2025.

CEQA CONSIDERATION:

The City of Salinas has determined that the emergency project is exempt from the California Environmental Quality Act (CEQA) Guidelines (Section 15269, Class C) because the project is needed to protect the public safety following a catastrophic building fire.

CALIFORNIA GOVERNMENT CODE §84308 APPLIES:

Yes.

STRATEGIC PLAN INITIATIVE:

The demolition of 34, 36, and 38 Soledad Street supports the City Council’s Vision and Strategic Goals related to Public Safety by responding to an emergency and taking action to ensure public safety. Removal of the fire damaged buildings also support the Economic Development goal of revitalizing blighted areas.

DEPARTMENTAL COORDINATION:

The City’s Community Development Department coordinated with the Fire Department, City Attorney, Finance Department, and City Manager’s office on this project.

FISCAL AND SUSTAINABILITY IMPACT:

Funding for this Agreement for Services is from the City’s Regional Early Action Planning Grant. Fund 2953 has $609,128.74 available in Outside Professional Services (30.3111-63.5010) to cover cost of emergency demolition services.

Page | 3
Fund

General Ledger Number
(Operating/CIP)
General Ledger Account
Name

Remaining Budget
Appropriation
Amount Requested
2953 30.3111-63.5010 Outside Professional
Services
$609,128 $327,109

ATTACHMENTS:

1. Resolution

2. Agreement for Services

3. Memorandum requesting emergency demolition of 34, 36, and 38 Soledad Street Page | 1

RESOLUTION NO. (N.C.S.)

A RESOLUTION RATIFYING THE PURCHASE OF EMERGENCY SERVICES AND

AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR SERVICES WITH RANDAZZO ENTERPRISES, INC. FOR THE EMERGENCY DEMOLITION OF 34, 36, and 38 SOLEDAD STREET FOR AN AMOUNT NOT TO EXCEED $327,109

WHEREAS, on Monday, September 22, 2025 , a fire began inside 38 Soledad Street, Salinas, CA, a boarded-up building located on city-owned property; and

WHEREAS, 38 Soledad Street was destroyed, and the adjoining city-owned buildings, 36 and 34 Soledad Street were damaged; and

WHEREAS, the Chief Building Official and Code Enforcement Manager determined that the remaining portions of the building were not structurally sound and posed a danger to the public due to the potential for collapse of the remaining building materials and structure ; and

WHEREAS, the Community Development Department solicited a proposal for the demolition of the remaining structures from Randazzo Enterprises, which was received on Thursday, October 9, 2025; and

WHEREAS, on October 17, 2025, the City Manager authorized the emergency purchase of demolition services from Randazzo Enterprises, Inc, pursuant to Section 18 of the City’s purchasing policy and Section 12-24 of the City Code, due to the urgent need to prevent injury or loss of life that could result from collapse of the remaining structure; and

WHEREAS, Section 18 of the City’s purchasing policy and Section 12 -24 of the City Code requires after the fact approval by Council for emergency purchases; and

WHEREAS, demolition took place from November 5 to November 14, 2025; and

WHEREAS, the City of Salinas has determined that the emergency project is exempt from the California Environmental Quality Act (CEQA) Guidelines (Section 15269, C lass C) because the project is needed to protect the public safety following a catastrophic building fire.

NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council ratifies the emergency purchase of demolition services from Randazzo Enterprises, Inc. for the demolition 34, 36, 38 Soledad Street and authorizes the City Manager to execute an Agreement for Services with Randazzo Enterprises, Inc for an amount not to exceed three hundred twenty-seven thousand one hundred nine dollars ($327,109) from October 17, 2025 to December 31, 2025.

PASSED AND APPROVED this 9th day of December 2025, by the following vote:

AYES:

Page | 2

NOES:

ABSENT:

ABSTAIN:

APPROVED:

_______________________
Dennis Donohue, Mayor

ATTEST:

_________________________
Patricia M. Barajas, City Clerk

MEMORANDUM

DATE: October 15, 2025

TO: Rene Mendez, City Manager

FROM: Lisa Brinton, Director

BY: Grant Leonard, Planning Manager

SUBJECT: 34, 36, and 38 Soledad Street Emergency Demolition

At approximately 4:30 p.m. on Monday, September 22, 2025 a fire began inside 38 Soledad Street, Salinas, CA, a boarded-up building located on City-owned property. Due to the condition of the building and status of the fire, the Fire Department determined it was not safe to enter the structure and established a defensive position to monitor the fire and ensure it did not spread to neighboring structures. As a result of the fire, 38 Soledad Street was destroyed, and the adjoining buildings, 36 and 34 Soledad Street were damaged. On Saturday, September 29th, 2025, the Fire Department and Code Enforcement conducted a searched of the site with a cadaver dog that determined no humans were present in the building debris.

The City Chief Building Official and Code Enforcement department have determined that the remaining portions of the building are not structurally sound and pose a danger to the public due to the potential for collapse of the remaining building materials. See photos below.

The Community Development Department has secured the site with temporary fencing and solicited a proposal for the demolition of the remaining structures from Randazzo Enterprises, which was received on Thursday, October 9, 2025. The Community Development Department has also coordinated with the Monterey Bay Air Resources Board (MBARD) on the hazardous materials requirements for demolition. Randazzo Enterprises secured the demolition permit from the Community Development Department on Friday, October 9, 2025. See site plan of buildings to be demolished below.

At this time, the Community Development Department seeks to move forward with an emergency procurement for the Randazzo Enterprise proposal to demolish the remaining structures at 34, 36, and 38 Soledad Street and dispose of the materials, pursuant to Section 18 of the City’s purchasing policy and Section 12-24 of the City Code, due to the urgent need to prevent injury or loss of life that could result from collapse of the remaining structure.

Docusign Envelope ID: F318EF2C-83F9-45E9-AC7D-3A73FC3AEB03

Docusign Envelope ID: F318EF2C-83F9-45E9-AC7D-3A73FC3AEB03 Docusign Envelope ID: F318EF2C-83F9-45E9-AC7D-3A73FC3AEB03

Docusign Envelope ID: F318EF2C-83F9-45E9-AC7D-3A73FC3AEB03

RANDAZZO ENTERPRISES, INC.
13550 BLACKIE ROAD
Castroville, CA 95012-3200
Phone (831) 633-4420 CA LIC # 471936 Fax (831) 633-4588 DIR #1000000845

Date: October 6, 2025 (Revised October 9, 2025)

To: City of Salinas Phone: 831-594-6322/831-316-1428 Attn: Don Reynolds Email: [email protected]

Project: China Town – 34, 36, 38 Soledad St., Salinas

Demolition and removal to include the following:

1. Supply MBARD notification and pay fees.

2. Building 34 – Building and foundation; no asbestos survey. Debris will be handled as hazardous.

Price: $107,514.00

3. Building 36 – Building and foundation; no asbestos survey. Debris will be handled as hazardous.

Price: $142,488.00

4. Building 38 (2-Story burnt building) – Building and foundation; no asbestos survey. Debris will be handled as non-hazardous. Price: $77,107.00

Price includes prevailing wages, equipment, and disposal fees.

Total Price: $327,109.00
Notes: REI will do it’s own survey for debris disposal (if there is cost savings, REI will give the City a credit).

Building demo price is for all three buildings at the same time (no additional mobilizations).

City to provide 24hr security when not working on site and during weekends and will fence site.

Add Alt I: CMU wall – Approx. 50LF x 12’ – Footing to remain Price: $8,142.00

EXCLUSIONS AND OR GENERAL CONTRACTOR’S/ OWNER’S RESPONSIBILITY:
(X) PERMITS AND FEES-REI WILL SIGN & PICK-UP (X) LAYOUT (X) UTILITIES DISCONNECTED & CAPPED (X) GRADING & EXCAVATING (X) EROSION CONTROL (X) TEMP FENCE
(X) RETENTION (X) TEMP WATER FOR DUST CONTROL
(X) BURIED MATERIALS (X) OFF SITE DEMO
(X) ADDITIONAL MOBILIZATIONS (X) ENCROACHMENT PERMIT

• PAYMENT DUE WITHIN 30 DAYS OF COMPLETION OF OUR WORK OR ADD 1.5%/MONTH THEREAFTER. • NOT RESPONSIBLE FOR DAMAGE TO PUBLIC SIDEWALK, APRONS, CURB, GUTTER & PRIVATE DRIVEWAY OR ROADS DUE TO INGRESS & EGRESS.
• NOT RESPONSIBLE FOR DAMAGE TO UNKNOWN UNDERGROUND UTILITIES, SITE WILL BE USA’D • IN THE EVENT OF A DISPUTE THE PREVAILING PARTY SHALL BE ENTITLED TO REASONABLE ATTORNEYS FEES AND COSTS. • OWNER OR GC TO DO WALKTHROUGH WITH REI FOREMAN AT START OF WORK. • PRICING VALID FOR 30 DAYS
SIGNED: ____________ Jorge Velasquez / kd__________________ DATED:______10/9/25_____

AUTHORIZED SIGNATURE:____________________________________DATED:_________________

PRINTED NAME OF AUTHORIZED SIGNER ______________________________________________ Docusign Envelope ID: F318EF2C-83F9-45E9-AC7D-3A73FC3AEB03 René Mendez
10/17/2025 | 9:08 AM PDT
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#25-555, Version: 1
Agreement with Santa Clara Stadium Authority and the City of Santa Clara Approve a Resolution authorizing the City Manager to execute a Municipal Law Enforcement Services Agreement with Santa Clara Stadium Authority and the City of Santa Clara for the performance of supplemental special detail law enforcement services during periodic major events at the Santa Clara Stadium site.

City of Salinas Printed on 12/5/2025Page 1 of 1
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CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: DECEMBER 9, 2025

DEPARTMENT: SALINAS POLICE DEPARTMENT

FROM: CARLOS ACOSTA, CHIEF OF POLICE

BY: TONYA ERICKSON, POLICE SERVICES ADMINISTRATOR

TITLE: AGREEMENT WITH THE SANTA CLARA STADIUM

AUTHORITY AND THE CITY OF SANTA CLARA

RECOMMENDED MOTION:

A motion to authorize the City Manager to execute a Municipal Law Enforcement Services Agreement with Santa Clara Stadium Authority and the City of Santa Clara for the performance of supplemental special detail law enforcement services during periodic major events at the Santa Clara Stadium site.

EXECUTIVE SUMMARY:

The Salinas Police Department, along with other surrounding law enforcement agencies, have historically assisted the Santa Clara Police Department by providing supplemental special detail law enforcement services at the Santa Clara Stadium site (Levi’s Stadium) and surrounding areas during significant and major events, such as the Super Bowl. This Municipal Law Enforcement Services Agreement with the Santa Clara Stadium Authority, a Joint Powers Authority, and the City of Santa Clara will formalize the provision of these services during major events and introduce a mechanism for reimbursement.

BACKGROUND:

Earlier this year, the City of Santa Clara, representing the Santa Clara Stadium Authority, a Joint Powers Authority, reached out to the Salinas Police Department and other law enforcement agencies regarding the potential need for assistance with supplemental special detail law enforcement services for major events, such as the Super Bowl and World Cup, taking place at the Santa Clara Stadium site (Levi Stadium). Law enforcement agencies, including the Salinas Police Department, have assisted with these services in the past and the Santa Clara Stadium Authority is requesting to formalize the provision of these services during major events, and introduce a mechanism for reimbursement, via this Municipal Law Enforcement Services Agreement.

The attached Agreement creates a process by which the Santa Clara Police Department may request these supplemental special detail law enforcement services for major events, such as the Super Bowl or World Cup, taking place at Levi Stadium. The request shall be in writing from the Page | 2
Santa Clara Police Chief or designee, and shall contain specific dates of service, hours of operation, number of personnel reque sted, and classification of personnel requested. If the Salinas Police Department agrees to this request, the S anta Clara Stadium Authority shall reimburse the City of Salinas for these services pursuant to the rates identified in Exhibit A of the Agreeme nt. These rates include employee costs, including travel time, as well as mileage reimbursement for associated vehicles.

The Salinas Police Department, at the discretion of the Chief of Police, may agree to provide requested services only when staffing permits. The Agreement indicates that in no event will services be provided when the Salinas Police Department employs fewer than 137 peace officers or when public safety within the City of Salinas would be impacted, all of which shall be determined by the Salinas Police Department at its own discretion.

As this Agreement applies only to major events to be held at Levi Stadium, such as the Super Bowl and World Cup, the frequency of s ervice provision will be minimal. The execution of this Agreement is beneficial to the Salinas Police Department as it formalizes the process for requesting supplemental special detail law enforcement services for these major events and establishes a mechanism for reimbursement separate from the formal mutual aid process. For the reasons above, staff recommends the execution of this Law Enforcement Services Agreement with the Santa Clara Stadium Authority and the City of Santa Clara.

CEQA CONSIDERATION:

Not a Project . The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).

CALIFORNIA GOVERNMENT CODE §84308 APPLIES:

No, does not apply. The City of Salinas has determined that Government Code §84308/Levine Act does not apply to this proposed action.

STRATEGIC PLAN INITIATIVE:

The proposed resolution will support the City Council’s Strategic Plan Goal of Public Safety.

DEPARTMENTAL COORDINATION:

The Police Department consulted with the Legal Department during the drafting of this agreement.

FISCAL AND SUSTAINABILITY IMPACT:

It is expected that costs incurred for services will be reimbursed to the City. The attached agreement includes the established rates in Exhibit A.

Fund

General Ledger Number
(Operating/CIP)
General Ledger Account
Name

Remaining Budget
Appropriation
Amount Requested
n/a n/a n/a n/a n/a
Page | 3

ATTACHMENTS:

Resolution
Municipal Law Enforcement Services Agreement

RESOLUTION NO. (N.C.S.)

RESOLUTION AUTHORIZING EXECUTION OF A MUNICIPAL LAW

ENFORCEMENT SERVICES AGREEMENT WITH THE SANTA CLARA STADIUM

AUTHORITY AND THE CITY OF SANTA CLARA

WHEREAS, the Santa Clara County Stadium Authority and the City of Santa Clara are interested in contracting with the City of Salinas for the performance of law enforcement functions during periodic major events, as identified within the Municipal Law Enforcement Se rvices Agreement; and

WHEREAS, the Agreement formalizes the process for requesting supplemental special detail law enforcement services for major events and establishes a mechanism for reimbursement; and

WHEREAS, the Salinas Police Department is agreeable to rendering such supplemental special detail law enforcement services as staffing allows.

NOW, THEREFORE, BE IT RESOLVED the Salinas City Council authorizes the City Manager to execute a Municipal Law Enforcement Se rvices Agreement with the Santa Clara Stadium Authority, a Joint Powers Authority, and the City of Santa Clara for the provision of supplemental special detail law enforcement services during major events at the Santa Clara Stadium site.

PASSED AND APPROVED this 9th day of December, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

______________________________
Dennis Donohue, Mayor

ATTEST:

_________________________
Patricia M. Barajas, City Clerk
DocuSign Envelope ID: 4D3069EE-306F-4D84-8869-056F4D6084D0

Municipal Law Enforcement Services Agreement/Salinas Police Department Page | 1

MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT
by and between the

SANTA CLARA STADIUM AUTHORITY, THE CITY OF SANTA CLARA, and

THE CITY OF SALINAS

PREAMBLE

This agreement for the performance of municipal law enforcement services (“Agreement”) is made and entered into on this 9th day of December, 2025, (“Effective Date”) by and between the City of Salinas, a California charter city and municipal corporation, located at 200 Lincoln Avenue, Salinas, California 93901 (“Agency”), the Sant a Clara Stadium Authority, a Joint Powers Authority, with its primary business address at 150 0 Warburton Avenue, Santa Clara, California 95050 (“Authority”), and the City of Santa Clara, a chartered municipal corporation, located at 1500 Warburton Avenue, Santa Clara, California 95050 (“City”). Authority, City and Agency may be referred to individually as a “Party” or collectively as the “Parties to this Agreement.”

RECITALS

A. Authority and City are desirous of contracting with Agency for the performance of the law enforcement functions described herein.

B. Agency is agreeable to rendering such law enforcement services pursuant to the terms and conditions set forth in this Agreement.

C. Pursuant to the authority set forth in Government Code sections 54981 and 55632, Salinas Municipal Code section 27 -6, and City Charter Section 1108, Authority and City seek additional law enforcement services, and Agency agrees to provide additional law enforcement services, for periodic events at the Santa Clara Stadium site.

The Parties agree as follows:

AGREEMENT PROVISIONS

1. SERVICES TO BE PROVIDED.

A. Agency agrees, as available, to provide supplemental special detail law enforcement services for major events, such as the Super Bowl and World Cup, taking place at the Stadium site and surrounding areas during the term of this Agreement , subject to the discretion of Agency’s Chief of Police or designee. The classification and approximate numbers of personnel provided by Agency will be determined and mutually agreed upon, in writing, between Agency’s Chief of Police or designee, Authority and the Santa Clara Chief of Police prior to each event. In no event will services be provided when Agency employs fewer than 137 peace o fficers or when public safety within the City of Salinas would be impacted, all of which shall be determined by Agency in its own discretion. The DocuSign Envelope ID: 4D3069EE-306F-4D84-8869-056F4D6084D0

Municipal Law Enforcement Services Agreement/Salinas Police Department Page | 2

Parties shall establish and agree to the number of hours necessary for the Agency employees to perform the requested services. City herein provides consent, pursuant to Penal Code section 830.1(a)(2), for any Agency peace officer providing services hereunder to exercise full peace officer authority within the City’s jurisdiction.

B. Except as otherwise specifically set forth, such services shall only encompass duties and functions of the type coming within the jurisdiction of, and customarily rendered by, Agency under its Charter and/or municipal codes, and the statutes of the State of California, and under the Charter and municipal codes of the City of Santa Clara.

C. For special detail officers, the request for services shall be a written request from the Santa Clara Police Chief or his/her designee. The request shall contain specific dates of service, hours of operation, number of personnel requested, and classification of personnel requested. For the purpose of performing said services, Agency shall furnish a nd supply, as available, all necessary labor, supervision, personnel, tactical vehicles, equipment, fuel, and supplies necessary to provide the services to be rendered hereunder , provided that Authority and City reimburse Agency for mileage for use of said tactical vehicles at the rate set by the Internal Revenue Service . The Authority and/or City acknowledges that additional equipment charges for special equipment such as tactical vehicles, equipment, fuel, and supplies may be appropriate depending upon the services requested and may be charged by Agency as above and beyond the authorized pay rate for personnel. The request shall be signed by a representative of the Authority and/or City who is duly authorized to enter into such agreements for supplement al law enforcement services. The request shall be submitted via email to Agency specified contact.

D. The City hereby grants to Agency and its personnel responding to requests for services herein the right to transmit and broadcast communications to the Sant a Clara Police Department's units via the Santa Clara Police Department’s designated dispatch frequency and/or any other law enforcement frequency for which the City of Santa Clara is licensed by the FCC.

E. Mutual aid agreements pursuant to the California Emergency Plan (Government Code §§ 8550 et seq.) and the Master Mutual Aid Agreement: If any mutual aid agreement(s) currently in place are triggered during any performance of services under this Agreement, the mutual aid agreement(s) shall govern all necessary personnel and/or tactics.

2. ADMINISTRATION OF PERSONNEL.

A. City shall determine for each event which supplement special detail law enforcement services will be requested from Agency. City shall determine for each event the assignments to which Agency personnel shall be deployed (e.g., traffic control, gate personnel, etc.). City shall provide general direction and requirements relating to the discharge of the assignment duties.

B. In the event of a dispute between the Parties to this Agreement as to the extent of the duties DocuSign Envelope ID: 4D3069EE-306F-4D84-8869-056F4D6084D0

Municipal Law Enforcement Services Agreement/Salinas Police Department Page | 3

and functions to be rendered hereunder, o r the minimum level or manner of performance of such service, the City shall be consulted and a mutual determination thereof shall be made by both Agency and the City in consultation with the City of Santa Clara’s Chief of Police.

C. The rendition of the services performed by Agency, the discipline of its officers, and other matters incident to the performance of such services and the control of personnel so employed shall remain with Agency.

D. All City employees who work in conjunction with Agency pursuant to this Agreement shall remain City employees, are not Agency employees, and have no claim or right to any Agency employment benefits or policies. Similarly, all Agency employees who work in conjunction with Authority and/or City pursuant to this Agreement s hall remain Agency employees, are not Authority and/or City employees, and have no claim or right to any Authority and/or City employment benefits or policies.

E. Neither Authority nor City shall be called upon to assume any liability for the direct payment of any Agency salaries, wages, or other compensation to any Agency personnel performing services hereunder for Authority and/or City. Except as herein otherwise specified, neither Authority nor City shall be liable for compensation or indemnity to any Agency employee or agent for injury or sickness arising out of his/her status as a contract agent of the Authority and/or City.

3. COMPENSATION AND PAYMENT.

A. The City shall pay Agency for all the costs that are incurred for services it provides under the terms of this Agreement, at the rates established hereunder, as they may be amended from time to time, and in accordance with the requirements of Government Code section 54982. The rates listed below may be periodically adjusted by the City and/or Authority to a mutually agreed upon rate. In such case, the rate adjustment shall be attached to this Agreement as Exhibit A to reflect the change in rates. The Parties specifically agree that such adjustment and change in Exhibit A is a valid amendment to this Agreement, and that no formal Amendment form need be used for such rate adjustment. The Parties will separately execute Exhibit A whenever there is a change in Exhibit A rates.

B. For and in consideration of Agency providing supplementary law enforcement services for the Authority and/or City under this Agreement, the City agrees to pay Agency for said services at the rates as indicated in Exhibit A.

C. The rates in Exhibit A are developed by the Agency. These rates are designed to reimburse Agency’s costs in the compensation of employees, the administration of workers’ compensation benefits, and the Agency’s overhead attributable to providing the services identified in this Agreement.

DocuSign Envelope ID: 4D3069EE-306F-4D84-8869-056F4D6084D0

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4. PAYMENT PROCEDURES.

A. On a monthly basis, Agency shall submit a summarized invo ice which covers all services performed during said month, to the City, and the City shall pay Agency for all undisputed amounts within thirty (30) days after date of said invoice.

B. If such payment is not delivered to Agency within thirty (30) days after t he date of the invoice, Agency is entitled to recover interest thereon. Said interest shall be at a rate of five percent (5%) per annum or any portion thereof, calculated from the date payment was due.

C. For all disputed amounts, City shall provide Agency w ith written notice of the dispute including the invoice date, amount, and reasons for dispute within ten (10) days after receipt of the invoice. The Parties shall memorialize the resolution of the dispute in writing.

For any disputed amounts, interest shall accrue at the rate stated in subsection B, above, if payment is not received within thirty (30) days after the dispute resolution is memorialized.

5. CANCELLATION OF PERSONNEL.

A. Neither the City nor the Authority shall be charged for cancellations made more than 24 hours prior to the scheduled event/assignment.

B. The City agrees that if cancellation is made within 24 hours prior to the scheduled event/assignment, City shall reimburse Agency a minimum of four (4) hours of compensation for each assigned officer pursuant to the rates identified herein.

C. Agency agrees to make all reasonable efforts to notify its assigned officer(s) of the cancellation.

6. TERM OF AGREEMENT.

The term of this Agreement shall commence upon execution by the Parties and shall continue for one year, unless terminated sooner or extended in whole or in part as provided for herein.

7. TERMINATION.

A. Either Party may terminate this Agreement with or without cause by giving not less than sixty (60) days advance written notice to the other Party.

B. Notwithstanding the foregoing, Agency may terminate the Agreement on only twenty (20) days advance notice, or less in the event of exigent circumstances, if Agency concludes that there are insufficient personnel to provide the agreed upon serv ices and still perform other Agency duties as required by law.

DocuSign Envelope ID: 4D3069EE-306F-4D84-8869-056F4D6084D0

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C. In the event of a termination, each Party shall fully discharge all obligations owed to the other Party accruing prior to the date of such termination, and, except as otherwise provided herein, each Party shall be released from all obligations, which would otherwise accrue subsequent to the date of termination.

8. FAIR EMPLOYMENT.

While in the performance of services under this Agreement, City, Authority, Agency, and their employees and agents shall not discriminate against any other employee or agent because of race, color, creed, national origin, gender, sexual orientation, age, disability, religion, ethnic background, or marital status, in violation of state or federal law.

9. HOLD HARMLESS/INDEMNIFICATION.

A. With the exception of claims or litigation alleging use of force by Agency employees, City and Authority shall defend, indemnify, and hold harmless Agency and its officers, officials, employees, volunteers, and agents from and ag ainst any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with Agency’s performance of work hereunder, including the performance of work of any of A gency’s agents, or Agency’s failure to comply with any of its obligations contained in the agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of Agency.

B. Any Agency employee who performs duties under this Ag reement shall be deemed to be continuing under the general employment of his or her respective jurisdiction and shall have the same powers, duties, privileges, responsibilities, and immunities as are conferred upon such employee by law in his or her own ju risdiction. Pursuant to Insurance Code Section 11663, the general employer shall be responsible for the entire cost of any worker’s compensation payable on account of injury occurring in the course of and arising out of general and special employments.

10. ASSIGNMENT, DELEGATION, AND SUBCONTRACTING.

A Party shall not assign its rights and/or subcontract, or otherwise delegate, its duties under this Agreement, either in whole or in part, without the prior written consent of the other Party, and any attempted assignment or delegation without such consent shall be null and void.

11. INTEGRATED DOCUMENT.

This Agreement represents the entire agreement between Authority, City and Agency. No other understanding, agreements, or conversations with any representative of either Party prior to execution of this Agreement shall affect or modify any of the terms or obligations of this DocuSign Envelope ID: 4D3069EE-306F-4D84-8869-056F4D6084D0

Municipal Law Enforcement Services Agreement/Salinas Police Department Page | 6

Agreement. Any verbal agreement shall be considered unofficial information and is not binding upon either Party.

12. SEVERABILITY AND WAIVER.

In case any one or more of the provisions in this Agreement shall, for any reason, be held invalid, illegal or unenforceable in any respect, it shall not affect the validity of the other provisions, which shall remain in full force and effect. Agency agrees that waiver by Authority and/or City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement.

13. NOTICES.

All notices to the Parties shall, unless otherwise requested in writing, be sent by mail to Authority, addressed as follows:

Santa Clara Stadium Authority
Attention: Executive Director 1500 Warburton Ave.

Santa Clara, CA 95050
or by email at [email protected]

And to City as follows:

City of Santa Clara
Attn: Chief of Police
601 El Camino Real
Santa Clara, CA 95050
or by email at [email protected]

And to Agency addressed as follows:

Administration, City of Salinas
Attn: City Manager
200 Lincoln Avenue
Salinas, CA 93901

Office of the City Attorney, City of Salinas
Attn: City Attorney
200 Lincoln Avenue
Salinas, CA 93901

Salinas Police Department
Attn: Chief of Police
312 East Alisal Street
Salinas, CA 93901
DocuSign Envelope ID: 4D3069EE-306F-4D84-8869-056F4D6084D0

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With copy by email at: [email protected], [email protected], [email protected]

The workday the email was sent shall control the date notice was deemed given. An email transmitted after 1:00 p.m. on a Friday shall be deemed to have been transmitted on the following Monday.

14. LAW GOVERNING CONTRACT AND VENUE.

This Agreement shall be governed and construed in accordance with the statutes and laws of the State of California. The venue of any suit filed by either Party shall be vested in the state courts of the County of Santa Clara.

[Signatures on next page.]

DocuSign Envelope ID: 4D3069EE-306F-4D84-8869-056F4D6084D0

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The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives. It is the intent of the Parties that this Agreement shall become operative on the Effective Date.

CITY OF SANTA CLARA

APPROVED AS TO FORM:

GLEN R. GOOGINS
City Attorney
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2230
Fax: (408) 249-7846
JŌVAN D. GROGAN
City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771

SANTA CLARA STADIUM AUTHORITY

APPROVED AS TO FORM:

GLEN R. GOOGINS
Authority Counsel
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2230
Fax: (408) 249-7846
JŌVAN D. GROGAN
Executive Director
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771

CITY OF SALINAS

APPROVED AS TO FORM:

CHRISTOPHER A. CALLIHAN
City Attorney
200 Lincoln Avenue
Salinas, CA 93901
RENE L. MENDEZ
City Manager
200 Lincoln Avenue
Salinas, CA 93901

DocuSign Envelope ID: 4D3069EE-306F-4D84-8869-056F4D6084D0

Municipal Law Enforcement Services Agreement/Salinas Police Department Page | 9

EXHIBIT A

City and Authority agree to pay Agency costs as invoiced by Agency, including:

1. The below hourly rates include a 15% overhead.

A. Police Commander $210.34
B. Police Sergeant $171.79
C. Police Officer $127.44

2. One hour travel time from Agency to Levi Stadium.

3. One hour travel time from Levi Stadium to Agency.

4. Mileage at the IRS rate for requested vehicles.

City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#25-556, Version: 1
Annual Subscription with SoundThink, Inc. For ShotSpotter Service Approve a Resolution authorizing the Purchasing Agent to execute a renewal subscription with SoundThinking, Inc. for ShotSpotter annual service for the period December 14, 2025 through December 13, 2026, and increase the current Agreement total by $490,000 for a revised not to exceed total of $1,470,000.

City of Salinas Printed on 12/5/2025Page 1 of 1
powered by Legistar™

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CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: DECEMBER 9, 2025

DEPARTMENT: SALINAS POLICE DEPARTMENT

FROM: CARLOS ACOSTA, CHIEF OF POLICE

BY: TONYA ERICKSON, POLICE SERVICES ADMINISTRATOR

TITLE: ANNUAL SUBSCRIPTION WITH SOUNDTHINK, INC. FOR

SHOTSPOTTER SERVICE

RECOMMENDED MOTION:

A motion to approve a Resolution authorizing the Purchasing Agent to execute a renewal subscription with SoundThinking, Inc. for ShotSpotter annual service for the period December 14, 2025 through December 13, 2026 , and increase the current Agreement total by $490,000 for a revised not to exceed total of $1,470,000.

EXECUTIVE SUMMARY:

BACKGROUND:

On August 31, 2016, the City of Salinas received $5.5 million from the State of California to go directly toward anti -gang and violence prevention efforts, with $1.5 million dedicated to three years of subscription services for ShotSpotter, as well as the purchase of necessary equipment and payment of associated implementation costs. City Council accepted the funds and authorized the execution of the initial Agreement with ShotSpotter on August 30, 2016. The initial three -year subscription ended December 13, 2019, and on February 25, 2020, the City Council allocated additional funding and approved a new subscription agreement with ShotSpotter to continue services through December 13, 2020. The funds for ShotSpotter were included in the Police Page | 2
Department’s subsequent annual budgets, and on December 5, 2023 , a new subscription Agreement was approved to continue services. Funding for the ShotSpotter service was approved by City Council as part of the Police Department’s FY 2025-26 Budget, and staff is now requesting approval of payment for the Annual Subscription Services for the period December 14, 202 5, through December 13, 202 6, under the terms and conditions of the existing agreement , and the chart below indicates the history of services under the current Agreement.

Subscription/Service Period Cost
December 14, 2023 - December 13, 2024 $490,000
December 14, 2024 - December 13, 2025 $490,000
December 14, 2025 - December 13, 2026 $490,000
Total Agreement Not to Exceed Amount $1,470,000

ShotSpotter Flex helps law enforcement agencies by directing police officers to the precise location of gunfire incidents within seconds of the shots being fired. ShotSpotter uses acoustic sensors placed throughout the city to identify when and where gunfi re occurs. There is no video component and ShotSpotter sensors cannot record voices. The sensors are deployed to cover those areas of Salinas where gunfire is most likely to occur, based on data collection. ShotSpotter is currently used in more than 100 cities worldwide.

The goa l of ShotSpotter is to reduce gun violence and save lives . The information and data gathered assists law enforcement in solving crimes and in prosecuting those individuals responsible for gun violence in the community. Most recent available data covering the period from January 1, 2023 through June 30, 2025 shows that there were 549 ShotSpotter alerts during this period, with only 8.4% of alerts having a matching call for service within 15 minutes and 1 mile of the shooting location, and only 5.5% of alerts had a matching call for service within three minutes and 300 feet of the shooting location. While it remains critical for the community to call 911, the location of the gunfire can sometimes be difficult for callers to identify. Additionally, the community may be reluctant to report gunfire or a potential crime for a variety of reasons, including fear of getting involved. With the ShotSpotter service, a n alert is issued within approximately 60 seconds, and the alert provides a location which is accurate to within 100 feet without the need for a resident’s report or call for service . During this same reporting period, leveraging ShotSpotter alerts, the Salinas Police Department was able to swiftly respo nd to 14 shooting locations involving gunshot victim s. Timely response to gunfire not only enhances the likelihood of lifesaving intervention but also builds community trust by reinforcing that law enforcement will show up when it matters most.

Investigations Division Commander James Arensdorf provided a presentation on ShotSpotter to the Police Community Advisory Committee (PCAC) on October 22, 2025. During the presentation, the Committee had an opportunity to ask questions and expressed support for this service.

ShotSpotter is in Newark, California and there are no local vendors for this service. Given the absence of local vendors, as well as the information provided, the City Council has the authority to approve this direct purchase under Salinas Municipal code Section12-27 and without application of the local purchasing preference pursuant to Salinas Municipal Code Section 12-28.080.

Page | 3

CEQA CONSIDERATION:

Not a Project . The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).

CALIFORNIA GOVERNMENT CODE §84308 APPLIES:

No, does not apply . The City of Salinas has determined that Government Code §84308/Levine Act does not apply to this proposed action.

STRATEGIC PLAN INITIATIVE:

The proposed resolution will support the City Council’s Strategic Plan Goal of Public Safety.

DEPARTMENTAL COORDINATION:

The Police Department consulted with the Legal Department regarding renewal and will coordinate with the Finance Department during the purchasing process.

FISCAL AND SUSTAINABILITY IMPACT:

Fund

General Ledger Number
(Operating/CIP)
General Ledger Account
Name

Remaining Budget
Appropriation
Amount Requested
1100 40.4130-63.4980 Outside services
Maintenance - Software
$1,141,072 $490,000

ATTACHMENTS:

Resolution
ShotSpotter Renewal Quote
ShotSpotter Services Agreement, approved 12/5/2023

RESOLUTION NO. (N.C.S.)

RESOLUTION AUTHORIZING PAYMENT TO SOUNDTHINKING, INC. FOR

SHOTSPOTTER ANNUAL SERVICE

WHEREAS, ShotSpotter helps law enforcement agencies by directing police officers to the precise location of gunfire incidents within seconds of the shots being fired by using acoustic sensors placed throughout the city to identify when and where gunfire occurs; and

WHEREAS, the City Council approved the current Agreement with SoundThinking, Inc. for ShotSpotter service on December 5, 2023; and

WHEREAS, the Salinas Police Department desires to renew the ShotSpotter subscription- based services under the terms and conditions of the existing Agreement , with funds already approved as part of the Department’s FY 2025-26 budget.

NOW, THEREFORE, B E IT RESOLVED the Salinas City Council authorizes the Purchasing Agent to execute a renewal subscription with SoundThinking, Inc. for ShotSpotter annual service for the period December 14, 2025 through December 13, 2026, and increase the current Agreement total by $490,000 for a revised not to exceed total of $1,470,000.

PASSED AND APPROVED this 9th day of December, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

______________________________
Dennis Donohue, Mayor

ATTEST:

_________________________
Patricia M. Barajas, City Clerk
SoundThinking, Inc. DATE 8/20/2025
39300 Civic Center Dr., Suite 300 Quote # SALINASPD082025 Fremont, CA 94538-2337 Customer ID Salinas PD
Phone: 888.274.6877 Fax: 650.887.2106
Quote For: Quote valid until: 12/13/2025
Commander James Arensdorf Prepared by: K Isotalo
Salinas Police Department
312 E Alisal Street
Salinas, CA 93901
Comments or Special Instructions:

Rich Reyes Net 30
QUANTITY (mi²) UNIT PRICE
(per mi²) TAXABLE? AMOUNT

7.0 $70,000 $490,000
SUBTOTAL $490,000

TAX RATE

SALES TAX -

OTHER -
TOTAL $490,000
Please indicate your acceptance of this quote by issuing a Purchase Order referencing the Quote # above.

SoundThinking will issue an invoice once we receive the PO.

If you have any questions concerning this Quote, please contact Karen Isotalo - Vice President, Sales Operations at 510.298.8668 or [email protected] Quote

Renewal of Annual ShotSpotter (formerly Respond) Subscription Services for an additional one-year term (December 14, 2025 through December 13, 2026) for the 7.0 mi² coverage area. The services will be delivered according to the terms and conditions contained in the SoundThinking Master Services Agreement dated December 18, 2023 which is incorporated herein by reference.

DESCRIPTION
SALES DIRECTOR: TERMS:

Annual ShotSpotter Subscription
Services for 12/14/25 through 12/13/26.

RESOLUTION NO. 22862 (N.C.S.)

RESOLUTION AUTHORIZING PAYMENT FOR SUBSCRIPTION-BASED

SHOTSPOTTER GUNFIRE LOCATION, ALERT AND ANALYSIS SERVICE

WHEREAS, ShotSpotter Flex helps law enforcement agencies by directing police officers to the precise location of gunfire incidents within seconds of the shots being fired by using acoustic sensors placed throughout the city to identify when and where gunfire occurs; and

WHEREAS, the City of Salinas originally entered into an agreement with ShotSpotter Flex on Augus t 31, 2016 for the purchase of the subscription -based service and a three -year subscription; and

WHEREAS, the City of Salinas approved a new Agreement with ShotSpotter on February 25, 2020, and has since approved annual renewal payments for service through December 13, 2023; and

WHEREAS, the Salinas Police Department desires to maintain the ShotSpotter subscription-based services under the terms and conditions of the existing Agreement, with funds already approved as part of the Department’s FY 2023-24 budget.

NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council authorizes the Interim City Manager to execute a one-year Subscription Services Agreement from December 14, 2023, through December 13, 2024 in an amount not to exceed $490,000.

PASSED AND APPROVED this 5th day of December 2023, by the following vote:

AYES: Councilmembers Barrera, McShane, Osornio, Rocha, Sandoval and Mayor Craig

NOES: None

ABSENT: Councilmember Gonzalez

ABSTAIN: None

APPROVED:

_________________________
Kimbley Craig, Mayor

ATTEST:

_________________________
Patricia M. Barajas, City Clerk
DocuSign Envelope ID: 455832E3-E7DD-4C03-838E-D171D6F99E1D DocuSign Envelope ID: D25DCE64-FD43-454C-8FB1-C2B3BF38E1FA Copyright © 2023 SoundThinking, Inc. – Confidential
All rights reserved under the copyright laws of the United States

SOUNDTHINKING™ MASTER SERVICES AGREEMENT

SoundThinking, Inc.
39300 Civic Center Dr., Ste. 300
Fremont, CA 94538
+1.888.274.6877
[email protected]
www.soundthinking.com

DocuSign Envelope ID: D25DCE64-FD43-454C-8FB1-C2B3BF38E1FA

MASTER SERVICES AGREEMENT

Contents

1. EXHIBITS ....................................................................................................................................... 1

2. DEFINITIONS ................................................................................................................................ 1

3. SUBSCRIPTION SERVICES ...................................................................................................... 2

4. INITIAL TERM AND RENEWAL ................................................................................................ 2

5. LICENSE AND OWNERSHIP ..................................................................................................... 3

6. CONFIDENTIALITY AND PROPRIETARY RIGHTS .............................................................. 6

7. LIMITED WARRANTIES ............................................................................................................. 7

8. CUSTOMER OBLIGATIONS. ..................................................................................................... 8

9. INTELLECTUAL PROPERTY INFRINGEMENT ..................................................................... 9

10. INDEMNIFICATION AND LIMITATION OF LIABILITY ....................................................... 10

11. DEFAULT AND TERMINATON; REMEDIES ........................................................................ 11

12. TAXES .......................................................................................................................................... 11

13. NOTICES ...................................................................................................................................... 11

14. FORCE MAJEURE ..................................................................................................................... 12

15. ENTIRE AGREEMENT .............................................................................................................. 12

16. GOVERNING LAW ..................................................................................................................... 12

17. NO WAIVER ................................................................................................................................ 12

18. SEVERABILITY .......................................................................................................................... 13

19. DISPUTE RESOLUTION ........................................................................................................... 13

20. ASSIGNMENT ............................................................................................................................. 13

21. COMPLIANCE WITH LAWS .................................................................................................... 13

22. EQUAL EMPLOYMENT OPPORTUNITY .............................................................................. 13

23. GENERAL PROVISIONS .......................................................................................................... 14 EXHIBIT A – SOUNDTHINKING PROPOSAL ................................................................................... 15 ADDENDUM ONE – SHOTSPOTTER SUPPLEMENTAL TERMS .................................................. 1

DocuSign Envelope ID: D25DCE64-FD43-454C-8FB1-C2B3BF38E1FA MASTER SERVICES AGREEMENT ǀ Page 1 of 15

This Master Services Agreement (this “Agreement”) is entered into by and between SoundThinking™, Inc. (referred to herein as “SoundThinking”), with offices located at 39300 Civic Center Dr., Suite 300, Fremont, CA 94538, and the City of Salinas (hereinafter referred to as “Customer”), with offices located at 200 Lincon Avenue, Salinas, CA 93901, effective as of the last date of signature herein. SoundThinking and Customer may also be referred to in this Agreement individually as a “Party” or collectively as the “Parties”.

This Agreement and its exhibits define the deliverables, implementation, and support services for the SoundThinking Subscription Services to be provided under this Agreement and identified in SoundThinking’s Quotation attached hereto as Exhibit A.

In consideration of the Parties’ mutual covenants and promises set forth in this Agreement, the Parties agree as follows:

1. EXHIBITS
The following exhibits (“Exhibits”) and Addenda are attached to, and incorporated in this Agreement:

A. Exhibit A SoundThinking Quotation #SALINPD081023
B. Addendum One ShotSpotter® Supplemental Terms

2. DEFINITIONS
All capitalized terms not otherwise defined in this Agreement shall have the meanings set forth below:

A. Insight means the internet portal to which Customer will have access to Reviewed Alerts with respect to the ShotSpotter® Gunshot Detection, Location, and Forensics System.

B. CaseBuilder™, CaseBuilder™ Subscription Services, CaseBuilder ™ Software, or CaseBuilder ™ System means the SoundThinking case management software.

C. CaseBuilder™ǀCrime Gun, CaseBuilder™ǀCrime Gun Subscription Services, CaseBuilder™ǀCrime Gun Software, or CaseBuilder™ ǀCrime Gun System means SoundThinking’s gun crime tracking and analysis case management tool.

D. Confidential Information means that information designated by either Party as confidential or proprietary as further defined in Section 6 of this Agreement.

E. CrimeTracer™, CrimeTracer™ Subscription Services, CrimeTracer™ Software, or CrimeTracer™ System means the SoundThinking law enforcement search engine and information platform which enables customers to search data from agencies across the U.S.

F. Coverage Area means the area in square miles covered by the ShotSpotter® Subscription Services as set forth in Exhibit A and any increase to the Coverage Area as agreed to in writing between the Parties.

G. ResourceRouter™, ResourceRouter™ Subscription Services, ResourceRouter™ Software, or ResourceRouter™ System means the SoundThinking crime forecasting and patrol/task force management system.

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H. SafePointe™, SafePointe™ Subscription Services, SafePointe™ Software, or SafePointe™ System means, the SoundThinking weapons detection system

I. SafePointe Hardware means the SoundThinking owned sensors, cameras, servers, and networking equipment.

J. SafePointe Data means the images and video collected by the SafePointe Subscription Services , magnetic signatures, and motion data.

K. ShotSpotter®, ShotSpotter® System, ShotSpotter® Software, or ShotSpotter® Subscription Services means the ShotSpotter® Gunshot Detection, Location, and Forensic Analysis Service.

L. ShotSpotter Data means the data, information, and electronic files created, generated, modified, compiled, displayed, stored or kept in the course of providing the ShotSpotter Subscription Services, including, without limitation, information in Reviewed Alerts accessible through the ShotSpotter Subscription Services and/or Software.

M. Software or SoundThinking Software means collectively the SoundThinking applications identified in Exhibit A and the Addenda to this Agreement to which Customer will have access under this Agreement on a subscription basis. The term Software shall also mean any new applications supplemental to the Subscription Services provided by SoundThinking to Customer subsequent to the execution date of this Agreement, and if purchased by Customer, the SoundThinking API Subscription License.

N. Subscription Services or SoundThinking Subscription Services means collectively the services provided to Customer on a subscription basis under this Agreement to access, and SoundThinking’s maintenance of, the Software.

O. System means collectively the Software and Subscription Services provided under this Agreement.

3. SUBSCRIPTION SERVICES
A. SoundThinking will implement the applicable Subscription Services set forth in Exhibit A and the Addenda to this Agreement.

4. INITIAL TERM AND RENEWAL
The initial term of the Subscription Services under this Agreement shall commence on December 14, 2023 and end December 13, 2024.

The Subscription Services may be renewed for successive periods of one year each (or multiple years as mutually agreed upon in writing by the Parties), in accordance with the following procedure. SoundThinking shall provide Customer with a renewal notice s tating the renewal fees, terms , and conditions for the next successive renewal term approximately ninety (90) days prior to the expiration date of the then current term. Customer acknowledges that the Subscription Services fees, terms and conditions, and service levels hereunder are subject to change and that such fees, terms and conditions, and service levels may vary DocuSign Envelope ID: D25DCE64-FD43-454C-8FB1-C2B3BF38E1FA MASTER SERVICES AGREEMENT ǀ Page 3 of 15

from those applicable to this Agreement in successive renewal terms. Annual Subscription fees are subject to increase at a rate of 5% for C ustomers whose annual subscription fee is less than the current SoundThinking list price.

If Customer fails to renew prior to expiration of the then current subscription term, the Subscription Services will terminate in accordance with Section 5.C and the Customer’s access to the Subscription Services will be disabled.

5. LICENSE AND OWNERSHIP
In consideration for and subject to the payment of the annual Subscription Services fees as set forth in Exhibit A, Customer is granted a non-transferrable, non-exclusive and terminable license (“License”) to use the applicable SoundThinking Subscription Services , and ShotSpotter® Data for the Customer’s own internal purposes and, if applicable, permitting citizens to access the public facing components of the relevant Subscription Services as set forth in this Section 5 and the Addenda to this Agreement . Please read the terms and conditions of this Agreement carefully. By using any SoundThinking Subscription Services, you agree to be bound by the terms and conditions of this Agreement and its Addenda. If you do not agree to these terms, you must notify SoundThinking and discontinue any use of the SoundThinking Subscription Services.

A. License and Restrictions.

Software and Subscription Services. The Software is the proprietary product of SoundThinking, licensed to Customer on an annual subscription basis. The SoundThinking Software may incorporate components supplied to SoundThinking under license by third-party suppliers, and may be protected by United States patent, trade secret, copyright law and international treaty provisions.

All such rights in and to the Software and Subscription Services any part thereof is the property of SoundThinking or, if applicable, its suppliers. All right and title to the SoundThinking computer programs, including, but not limited to related documentation, technology, know-how and processes embodied in or made available to Customer in connection with the Subscription Services, patent rights, copyrights, trade secret rights, trademarks, and services marks remain with SoundThinking. Customer may not make any copies of the written materials or documentation that accompany any component of the Software, or use them, or any other information concerning the Subscription Services that SoundThinking has designated as confidential, for any purpose other than bona fide use of the Subscription Services or Software for in accordance with the terms of this Agreement, nor allow anyone else to do so. Customer shall not: (i) modify, adapt, alter, translate, copy, perform, or display (publicly or otherwise) or create compilations, derivative, new, or other works based, in whole or in part, on the Software, or on the Subscription Services; (ii) merge, combine, integrate, or bundle the Software, in whole or in part, with other software, hardware, data, devices, systems, technologies, products, services, functions, or capabilities; (iii) transfer, distribute, make available the Subscription Services, or Software to any person other than Customer; or (iv) sell, resell, sublicense, lease, rent, or loan the Subscription Services or Software, in whole or in part. No component of the Subscription Services, or Software may be used to operate a service bureau, rental or time-sharing arrangement.

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Nothing in this Agreement shall be construed as granting any right or title to any SoundThinking Software, the ShotSpotter Data, or any component thereof, or any other intellectual property of SoundThinking or its suppliers to Customer.

Customer shall not alter, remove or obscure any copyright, patent, trademarks, confidential, proprietary, or restrictive notices or markings on any component of the Subscription Services, Software or any documentation.

Use, duplication, or disclosure by applicable U.S. government agencies is subject to restrictions as set forth in in the provisions of DFARS 48 CFR 252.227-7013 or FAR 48 CFR 52.227-14, as applicable.

B. Export.

Customer acknowledges that the ShotSpotter System has been determined by the United States Department of State to be a controlled commodity, software and/or technology subject to the United States Export Administration Regulations of the U.S. Department of Commerce. Customer is specifically prohibited from the export, or re-export, transfer, consignment, shipment, delivery, downloading, uploading, or transmitting in any form, any ShotSpotter Software, ShotSpotter Subscription Services, ShotSpotter Data, documentation, or any component thereof or underlying information or technology related thereto, to any third party, government, or country for any end uses except in strict compliance with applicable U.S. export controls laws, and only with the express prior written agreement of SoundThinking. In the event that such written agreement is provided, Customer shall be responsible for complying with all applicable export laws and regulations of the United States and destination country, including, but not limited to the United States Export Administration Regulations of the U.S. Department of Commerce, including the sanctions laws administered by the U.S. Department of Treasury, Office of Foreign Assets Control (OFAC), the U.S. Anti-Boycott regulations, and any applicable laws of Customer’s country. In this respect, no resale, transfer, or re-export of the ShotSpotter System or any ShotSpotter System component exported to Customer pursuant to a license from the U.S. Department of Commerce may be resold, transferred, or reported without prior authorization by the U.S. Government. Customer agrees not to export, re-export or engage in any “deemed export,” or to transfer or deliver, or to disclose or furnish, to any foreign (non- U.S.) government, foreign (non-U.S.) person or third party, or to any U.S. person or entity, any of the ShotSpotter System, or ShotSpotter System components, Data, Software, Services, or any technical data or output data or direct data product thereof, or any service related thereto, in violation of any such restrictions, laws or regulations, or without all necessary registrations, licenses and or approvals. Customer shall bear all expenses relating to any necessary registrations, licenses or approvals.

In addition to the restrictions and requirements set forth above, the Customer shall not export, or re-export, transfer, consign, ship, deliver, download, upload, or transmit in any form, the CaseBuilder, CaseBuilder|Crime Gun, CrimeTracer, ResourceRouter, or SafePointe Subscription Services, the Software, documentation, or any component thereof, or underlying information or technology related thereto to any third party, government, or country for any end uses except in strict compliance with applicable U.S. export controls laws, and only with the express prior written agreement of SoundThinking. In the event that such written agreement is provided, Customer shall be responsible for complying with all applicable export laws and regulations of the United States DocuSign Envelope ID: D25DCE64-FD43-454C-8FB1-C2B3BF38E1FA MASTER SERVICES AGREEMENT ǀ Page 5 of 15

and destination country, including, but not limited to the United States Export Administration Regulations of the U.S. Department of Commerce, including the sanctions laws administered by the U.S. Department of Treasury, Office of Foreign Assets Control (OFAC), the U.S. Anti-Boycott regulations, and any applicable laws of the import country.

In addition to the foregoing, Customer shall not disclose, discuss, download, ship, transfer, deliver, furnish, or otherwise export or re-export any such item(s) to or through: (a) any person or entity on the U.S Department of Commerce Bureau of Industry and Security’s List of Denied Persons or Bureau of Export Administration’s anti-proliferation Entity List; (b) any person on the U.S.

Department of State’s List of Debarred Parties; (c) any person or entity on the U.S. Treasury Department Office of Foreign Asset Control’s List of Specially Designated Nationals and Blocked Persons; or (d) any third party or for any end-use prohibited by law or regulation, as any and all of the same may be amended from time to time, or any successor thereto.

C. Termination.

Customer agrees that its right to use any of the applicable Subscription Services, or Software, provided hereunder, including ShotSpotter Data, will terminate following thirty (30) day’s prior written notice due to a material breach of the terms of this Agreement, including failure to pay any sums to SoundThinking when due, or failure to renew the applicable Subscription Services prior to expiration of the then current subscription term unless such breach has been cured within said thirty (30) day period. In the event of a breach of SoundThinking’s intellectual property rights, SoundThinking at its sole discretion may terminate this Agreement immediately upon written notice to Customer. In the event of termination for any reason, Customer’s access to the applicable Subscription Services and Software will terminate and be disabled. Customer agrees that SoundThinking shall not be liable to Customer nor to any third party for any suspension of the Subscription Services resulting from Customer’s nonpayment of the Subscription Services fees as described in this section.

D. Modification to, or Discontinuation of the Subscription Services.

Upon reasonable notice to Customer, SoundThinking reserves the right at its discretion to modify, temporarily or permanently, the Subscription Services (or any part thereof). In the event that SoundThinking modifies the Subscription Services in a manner which removes or disables a feature or functionality on which Customer materially relies, SoundThinking, at Customer’s request, shall use commercially reasonable efforts to restore such functionality to Customer. In the event that SoundThinking is unable to substantially restore such functionality, Customer shall have the right to terminate the Agreement and receive a pro-rata refund of the annual Subscription Services fees paid under the Agreement for the subscription term in which this Agreement is terminated.

Customer acknowledges that SoundThinking reserves the right to discontinue offering the Subscription Services at the conclusion of Customer’s then current term. Customer agrees that SoundThinking shall not be liable to Customer or to any third party for any modification of the Subscription Services as described in this section.

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E. New Applications.

From time to time, at SoundThinking’s discretion, SoundThinking may release to its customer base, new applications supplemental to the Subscription Services. Customer’s use of such new applications shall be subject to the license, warranty, intellectual property, and support terms of this Agreement. Prior to general release, SoundThinking may request Customer to act as a pre-release test site for new applications, or major upgrades. Provided that Customer agrees in writing to such request, SoundThinking will provide a pre-release package explaining the details and requirements for Customer’s participation.

F. No Use by Third Parties.

Except as otherwise expressly set forth in this Agreement, use by anyone other than Customer of the Subscription Services, Software, documentation, or ShotSpotter Data is prohibited, unless pursuant to a valid assignment of this Agreement as set forth in Section 20 of this Agreement.

6. CONFIDENTIALITY AND PROPRIETARY RIGHTS
A. SoundThinking Confidential Information.

Customer acknowledges and agrees that the source code, technology, and internal structure of the SoundThinking Software, ShotSpotter Data, and SoundThinking Subscription Services, as well as documentation, operations manual(s) and training material(s), are the confidential information and proprietary trade secrets of SoundThinking, the value of which would be destroyed by disclosure to the public. Use by anyone other than Customer of the Subscription Services, documentation, and ShotSpotter Data is prohibited, unless pursuant to a valid assignment under this Agreement.

Unless prohibited by applicable law, the terms and conditions of this Agreement, including pricing and payment terms shall also be treated as SoundThinking’s confidential information. Customer shall not disassemble, decompile, or otherwise reverse engineer or attempt to reconstruct, derive, or discover any source code, underlying ideas, algorithms, formulae, routines, file formats, data structures, programming, routines, interoperability interfaces, drawings, or plans from the Software, or any data or information created, compiled, displayed, or accessible through the Subscription Services, in whole or in part. Customer agrees during the term of this Agreement, and thereafter, to hold the confidential information and proprietary trade secrets of SoundThinking in strict confidence and to not permit any person or entity to obtain access to it except as required for the Customer’s exercise of the license rights granted under this Agreement. Nothing in this Agreement is intended to or shall limit any rights or remedies under applicable law relating to trade secrets, including the Uniform Trade Secrets Act as enacted in applicable jurisdictions.

B. Customer Confidential Information
During the term of this Agreement or any subsequent renewals, SoundThinking agrees to maintain Customer information designated by the Customer as confidential to which SoundThinking gains access in the performance of its obligations under this Agreement, and not disclose such Customer Confidential Information to any third parties except as may be required by law. SoundThinking agrees that Customer’s Confidential Information shall be used solely for the purpose of performing SoundThinking’s obligations under this Agreement.

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C. Obligations of the Parties.

The receiving Party’s (“Recipient”) obligations under this section shall not apply to any of the disclosing Party’s (“Discloser”) Confidential Information that Recipient can document: (a) was in the public domain at or subsequent to the time such Confidential Information was communicated to Recipient by Discloser through no fault of Recipient; (b) was rightfully in Recipient’s possession free of any obligation of confidence at or subsequent to the time such Confidential Information was communicated to Recipient by such Discloser; (c) was developed by employees or agents of Recipient independently of and without reference to any of Discloser’s Confidential Information; or (d) was communicated by Discloser to an unaffiliated third party free of any obligation of confidence.

A disclosure by Recipient of any Discloser Confidential Information (a) in response to a valid order by a court or other governmental body; (b) as otherwise required by law; or (c) necessary to establish the rights of either party under this Agreement shall not be considered to be a breach of this Agreement by the Recipient; provided, however, that Recipient shall provide prompt prior written notice thereof to the Discloser to enable Discloser to seek a protective order or otherwise prevent such disclosure. The Recipient shall use reasonable controls to protect the confidentiality of and restrict access to all Confidential Information of the Discloser to those persons having a specific need to know for the purpose of performing the Recipient’s obligations under this Agreement. The Recipient shall use controls no less protective than Recipient uses to secure and protect its own confidential, but not “Classified” or otherwise Government-legended, information.

Upon termination of this Agreement the Recipient, as directed by the Discloser, shall either return the Discloser’s Confidential Information, or destroy all copies thereof and verify such destruction in writing to the Discloser.

Unless the Recipient obtains prior written consent from the Discloser, the Recipient agrees that it will not reproduce, use for purposes other than those expressly permitted in this Agreement, disclose, sell, license, afford access to, distribute, or disseminate any information designated by the Discloser as confidential.

7. LIMITED WARRANTIES
A. SoundThinking warrants that the Software will function in substantial conformity with the SoundThinking documentation accompanying the Software and Subscription Services. The Software covered under this warranty consists exclusively of ShotSpotter, the ShotSpotter Dispatch, ShotSpotter Respond, and ShotSpotter Insight applications and user interface; CaseBuilder; CaseBuilder|Crime Gun; CrimeTracer; ResourceRouter, and SafePointe Software and Subscription Services that are made available to the Customer under this Agreement as identified in Exhibit A or any subsequent amendment to this Agreement. Additional limited warranties as applicable are set forth in the Addenda attached to this Agreement and incorporated herein.

B. SoundThinking further warrants that the Subscription Services, and Software shall be free of viruses, Trojan horses, worms, spyware, or other malicious code or components.

C. SoundThinking does not warrant or represent, expressly or implicitly, that any of its Subscription Services or Software will be uninterrupted or error free; or that any SoundThinking-supplied network will remain in operation at all times or under all conditions.

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D. Any and all warranties, express or implied, of fitness for high-risk purposes requiring fail-safe performance are hereby expressly disclaimed.

E. The Parties acknowledge and agree that the Subscription Services are not consumer goods, and are not intended for sale to or use by or for personal, family, or household use.

EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 7, AND THE APPLICABLE ADDENDA TO

THIS AGREEMENT SOUNDTHINKING MAKES AND CUSTOMER RECEIVES NO OTHER

WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF

NON-INFRINGEMENT, QUALITY, SUITABLITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

8. CUSTOMER OBLIGATIONS.

Customer acknowledges and agrees that SoundThinking’s duties, including warranty obligations, and ability to perform its obligations to Customer under this Agreement shall be predicated and conditioned upon Customer’s timely performance of and compliance with Customer’s obligations hereunder, including, but not limited to:

A. Customer agrees to pay all sums due under this Agreement when they are due pursuant to the payment terms in Exhibit A.

Customer’s address for invoicing:

City of Salinas
Attn: Finance Department - Accounts Payable
200 Lincoln Ave.

Salinas, CA 93901
Email: [email protected]

B. Customer agrees to use reasonable efforts to timely perform and comply with all of Customer’s obligations allocated to Customer under this Agreement, and its Addenda.

C. Customer shall not permit any alteration, modification, substitution , or supplementation of any SoundThinking Subscription Services or web portal, or the combining, connection, merging, bundling, or integration of the SoundThinking Subscription Services or web portal into or with any other system, equipment, hardware, software, technology, function , or capability , without SoundThinking’s express prior written consent.

D. Unless otherwise expressly agreed in advance in writing by SoundThinking, Customer shall not authorize or appoint any contractors, subcontractors, original equipment manufacturers, value added integrators, systems integrators, or other third parties to operate, or have access to any part of the Subscription Services or Software.

E. In order to use the Subscription Services, Customer must have and maintain access to the World Wide Web to enable a secure https connection from the Customer’s workstation(s) to SoundThinking’s hosted services, either directly or through devices that acces s Web -based content. Customer must also provide all equipment necessary to make such (and maintain such) connection.

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F. Should criminal background checks or fingerprinting for SoundThinking employees performing any Services under this Agreement or an Addendu m hereto be required by Customer, or Federal or State regulations, such background checks or fingerprinting will be conducted by Customer .

G. Customer shall be responsible for the accuracy, quality, appropriateness, and legality of all Customer data, any other Customer business information used in any Subscription Services.

H. SoundThinking will assist the Customer in initially setting up passwords and user names for Customer’s employees, agents , or representatives to whom Customer designates access to the applicable Subscription Services (“Authorized Users”). Thereafter, Customer shall be responsible for assigning pass words and user names for each of its Authorized Users. Customer shall be responsible for maintaining the confidentiality and use of Customer ’s password and user names and shall not allow passwords and/or user names to be shared by Authorized Users; nor shall Customer permit any unauthorized users to access the Subscription Services. The maximum number of Authorized Users for the applicable Subscription Services is set forth in Exhibit A. Each Authorized User identification may only be used to access the applicable Subscription Services during one (1) concurrent login session.

I. Customer shall comply with all applicable laws, rules and regulati ons relating to the goods and services provided hereunder.

9. INTELLECTUAL PROPERTY INFRINGEMENT
SoundThinking will, at its expense, defend and indemnify Customer from and against losses, suits, damages, liability, and expenses (including reasonable attorney fees) arising out of a claim asserted in a lawsuit or action against the Customer by a third party unrelated to the Customer, in which such third party asserts a claim that the Subscription Services and/or Software, when used in accordance with SoundThinking’s user documentation, infringes any United States patent which was issued by the U.S.

Patent and Trademark Office, or United States copyright which was registered by the U.S. Copyright Office, as of the effective date of Customer’s agreement to license the applicable SoundThinking Subscription Services and Software (collectively “Action”), provided that Customer provides SoundThinking with reasonably prompt notice of any such Action, or circumstances of which Customer becomes aware that could reasonably be expected to lead to such Action including but not limited to any cease and desist demands or warnings, and further provided that Customer cooperates with SoundThinking and its defense counsel in the investigation and defense of such Action.

SoundThinking shall have the right to choose counsel to defend such suit and/or action, and to control the settlement (including determining the terms and conditions of settlement) and the defense thereof.

Customer may participate in the defense of such action at its own expense.

This Section 9 shall not apply and SoundThinking shall have no obligation to defend and indemnify Customer in the event the Customer or a third party modifies, alters, substitutes, or supplements any of the Subscription Services, or Software, or to the extent that the claim of infringement arises from or relates to the integration, bundling, merger, or combination of any of the same with other hardware, software, systems, technologies, or components, functions, capabilities, or applications not licensed by SoundThinking as part of the Subscription Services, nor shall it apply to the extent that the claim of DocuSign Envelope ID: D25DCE64-FD43-454C-8FB1-C2B3BF38E1FA MASTER SERVICES AGREEMENT ǀ Page 10 of 15

infringement arises from or relates to meeting or conforming to any instruction, design, direction, or specification furnished by the Customer, nor to the extent that the Subscription Services or Software are used for or in connection with any purpose, application, or function other than in accordance with the SoundThinking documentation accompanying the Subscription Services or Software.

If, in SoundThinking’s opinion, any of the Subscription Services, or Software may, or are likely to become, the subject of such a suit or action, does become the subject of a claim asserted against Customer in a lawsuit which SoundThinking is or may be obliged to defend under this section, or is determined to infringe the foregoing patents or copyrights of another in a final, non-appealable judgment subject to SoundThinking’s obligations under this section, then SoundThinking may in full and final satisfaction of any and all of its obligations under this section, at its option: (1) procure for Customer the right to continue using the affected Subscription Services or Software, (2) modify or replace such Subscription Services or Software to make it or them non-infringing, or (3) refund to Customer a pro-rata portion of the annual Subscription Services fees paid for the affected Subscription Services for the term in which the Agreement is terminated.

This Section 9 states the entire liability of SoundThinking and is Customer’s exclusive remedy for or relating to infringement or claims or allegations of infringement of any patent, copyright, or other intellectual property rights in or to any SoundThinking Subscription Services, SoundThinking Software or any component thereof. This section is in lieu of and replaces any other expressed, implied, or statutory warranty against infringement of any and all intellectual property rights.

10. INDEMNIFICATION AND LIMITATION OF LIABILITY
SoundThinking shall, at its expense, indemnify, defend, save, and hold Customer harmless from any and all claims, lawsuits, or liability, including attorneys' fees and costs, arising out of, in connection with, any loss, damage, or injury to persons or property to the extent of the gross negligence, or wrongful act, error, or omission of SoundThinking, its employees, agents, or subcontractors as a result of SoundThinking’s or any of its employees, agents, or subcontractor’s performance pursuant to this Agreement. SoundThinking shall not be required to indemnify Customer for any claims or actions caused to the extent of the negligence or wrongful act of Customer, its employees, agents, or contractors. Notwithstanding the foregoing, if a claim, lawsuit, or liability results from or is contributed to by the actions or omissions of Customer, or its employees, agents, or contractors, SoundThinking’s obligations under this provision shall be reduced to the extent of such actions or omissions based upon the principle of comparative fault.

In no event shall either Party, or any of its affiliates or any of its/their respective directors, officers, members, attorneys, employees, or agents, be liable to the other Party under any legal or equitable theory or claim, for lost profits, lost revenues, lost business opportunities, exemplary, punitive, special, indirect, incidental, or consequential damages, each of which is hereby excluded by agreement of the Parties, regardless of whether such damages were foreseeable or whether any Party or any entity has been advised of the possibility of such damages.

Except for its Intellectual Property infringement indemnity obligations under Section 9 of this Agreement, SoundThinking’s cumulative liability for all losses, claims, suits, controversies, breaches or damages for any cause whatsoever arising out of or related to this Agreement, whether in contract, tort, by way of indemnification or under statute, and regardless of the form of action or legal theory shall not exceed (i) two (2) times the amount of the annual subscription fee(s) for the DocuSign Envelope ID: D25DCE64-FD43-454C-8FB1-C2B3BF38E1FA MASTER SERVICES AGREEMENT ǀ Page 11 of 15

twelve (12) month period in which the claim arises, or (ii) the amount of insurance maintained by SoundThinking available to cover the loss, whichever is greater. The foregoing limitations shall apply without regard to any failure of essential purpose of any remedies given herein.

11. DEFAULT AND TERMINATON; REMEDIES
Either Party may terminate this Agreement in the event of a material breach of the terms and conditions of this Agreement upon thirty (30) days’ prior written notice to the other Party; provided that the Party alleged to be in breach has not cured such breach within said thirty (30) day period.

In addition to the termination provisions in Section 5.C for failure to pay annual Subscription Services fees, upon the occurrence of a material breach of Customer’s obligations under this Agreement not susceptible to cure as provided in the preceding paragraph, SoundThinking may at its option, effective immediately upon written notice to Customer, either: (i) terminate SoundThinking’s future obligations under this Agreement, terminate Customer’s License to use the Subscription Services and Software, or (ii) accelerate and declare immediately due and payable all remaining charges for the remainder of the Agreement and proceed in any lawful manner to obtain satisfaction of the same.

12. TAXES
Unless otherwise included as a line item in Exhibit A, the fees due under this Agreement exclude any sales, use, value added or similar taxes that may be imposed in connection with this Agreement. Customer agrees that it shall be solely responsible for payment, or reimbursement to SoundThinking as applicable, of all sales, use, value-added or similar taxes imposed upon this Agreement by any level of government, whether due at the time of sale or asserted later as a result of audit of the financial records of either Customer or SoundThinking. If exempt from such taxes, Customer shall provide to SoundThinking written evidence of such exemption. Customer shall also pay any personal property taxes levied by government agencies based upon Customer’s use or possession of the items acquired or licensed in this Agreement.

13. NOTICES
Any notice or other communication required or permitted to be given under this Agreement shall be in writing delivered to the address set forth in this Agreement by certified mail return receipt; overnight delivery services; delivered in person; or via email with read receipt. A Party’s address may be changed by written notice to the other Party.

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Notices to Customer: Notices to SoundThinking:

City of Salinas SoundThinking, Inc.

Attn: Chief of Police Attn: CFO
200 Lincoln Ave. 39300 Civic Center Dr., Ste. 300
Salinas, CA 93901 Fremont, CA 94538
Email: [email protected] [email protected]

14. FORCE MAJEURE
In no event shall SoundThinking be liable for any delay or default in its performance of any obligation under this Agreement caused directly or indirectly by an act or omission of Customer, or persons acting under its direction and/or control, fire, flood, act of God, an act or omission of civil or military authority of a state or nation, strike, lockout, or other labor disputes, inability to secure, delay in securing, or shortage of labor, materials, supplies, transportation, or energy, failures, outages or denial of services of wireless, power, telecommunications, or computer networks, acts of terrorism, sabotage, vandalism, hacking, natural disaster or emergency, war, riot, embargo, or civil disturbance, breakdown or destruction of plant or equipment, or arising from any cause whatsoever beyond SoundThinking’s reasonable control. At SoundThinking’s option and following notice to Customer, any of the foregoing causes shall be deemed to suspend such obligations of SoundThinking so long as any such cause shall prevent or delay performance, and SoundThinking agrees to make, and Customer agrees to accept performance of such obligations whenever such cause has been remedied.

15. ENTIRE AGREEMENT
This Agreement and its Exhibits and Addenda represent the entire agreement and understanding of the Parties and a final expression of their agreements with respect to the subject matter of this Agreement and supersedes all prior written or oral agreements, representations, understandings, or negotiations with respect to the matters covered by this Agreement.

16. GOVERNING LAW
The validity, performance, and construction of this Agreement shall be governed by the laws of the state of California, without giving effect to the conflict of law principles thereof. The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed and shall not apply.

17. NO WAIVER
No term or provision of this Agreement shall be deemed waived, and no breach excused unless such waiver or consent is in writing and signed by both Parties. Any consent by either Party to, or waiver of, a breach by the other, whether expressed or implied, shall not constitute a consent to, waiver of, or excuse for any other, different, prior, or subsequent breach.

The failure of either Party to enforce at any time any of the provisions of this Agreement shall not constitute a present of future waiver of any such provisions or the right of either Party to enforce each and every provision.

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18. SEVERABILITY
If any term, clause, sentence, paragraph, article, subsection, section, provision, condition, or covenant of this Agreement is held to be invalid or unenforceable, for any reason, it shall not affect, impair, invalidate or nullify the remainder of this Agreement, but the effect thereof shall be confined to the term, clause, sentence, paragraph, article, subsection, section, provision, condition or covenant of this Agreement so adjudged to be invalid or unenforceable.

19. DISPUTE RESOLUTION
If the Parties disagree as to any matter arising under this Agreement or the relationship and dealings of the Parties hereto, then at the request of either Party, SoundThinking and Customer shall promptly consult with one another and make diligent, good faith efforts to resolve the disagreement by negotiation prior to either Party taking legal action. If such negotiations do not resolve the dispute within sixty (60) days of the initial request, either Party may take appropriate legal action.

20. ASSIGNMENT
This Agreement may not be assigned or transferred by either Party, nor any of the rights granted herein, in whole or in part, by operation of law or otherwise, without the other Party’s express prior written consent, which shall not be unreasonably withheld. Provided, however, that SoundThinking may assign or transfer this Agreement and/or SoundThinking’s rights and obligations hereunder, in whole or in part, in the event of a merger or acquisition of all or substantially all of SoundThinking’s assets. No assignee for the benefit of Customer’s creditors, custodian, receiver, trustee in bankruptcy, debtor in possession, sheriff, or any other officer of a court, or other person charged with taking custody of Customer’s assets or business, shall have any right to continue or to assume or to assign these without SoundThinking’s express consent.

21. COMPLIANCE WITH LAWS
During the term of this Agreement SoundThinking will comply with all applicable local, state, and federal laws, statutes and regulations.

22. EQUAL EMPLOYMENT OPPORTUNITY
SoundThinking is committed to equal-employment principles, and the provisions outlined in the Equal Opportunity Clauses of Executive Order 11246, (41 CFR 60- 1.4), section 503 of the Rehabilitation Act of 1973, (41 CFR 60-741.5(a)), section 402 of the Vietnam Era Veterans Readjustment Act of 1974, (41 CFR 60-250.5(a)), and, the Jobs for Veterans Act of 2003, (41 CFR 60-300.5(a)) as well as any other regulations pertaining to these orders. SoundThinking’s decisions and criteria governing its hiring and employment practices are made in a non-discriminatory manner, without regard to age, race, color, national origin, citizenship status, gender (including pregnancy, childbirth or medical condition related to pregnancy or childbirth), gender identity or expression, sex, religion, creed, physical or mental disability, medical condition, legally protected genetic information, marital status, veteran status, military status, sexual orientation, or any other factor determined to be an unlawful basis for such decisions by federal, state, or local statutes.

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23. GENERAL PROVISIONS
A. This Agreement and its Addenda shall be binding on and inure to the benefit of the Parties and any permitted successors and assigns; however, nothing in this paragraph shall be construed as a consent to any assignment by either Party except as provided in Section 20 of this Agreement.

B. This Agreement shall not become a binding contract until signed by an authorized representative of each Party, effective as of the date of signature.

C. This Agreement and its Addenda may be executed in any number of identical counterparts, each of which shall be deemed a duplicate original.

D. The provisions of this Agreement and Addenda shall not be construed in favor of or against either Party because that Party or its legal counsel drafted this Agreement, but shall be construed as if all Parties prepared this Agreement.

E. An electronic signature copy of this Agreement and its Exhibits, Addenda, notices and documents prepared under this Agreement shall be considered an original. The Parties agree that any document in electronic format or any document reproduced from an electronic format shall not be denied legal effect, validity, or enforceability, and shall meet any requirement to provide an original or hard copy.

F. This Agreement is made for the benefit of the Parties, and is not intended to benefit any third party or be enforceable by any third party. The rights of the Parties to terminate, rescind, or agree to any amendment, waiver, variation or settlement under or relating to this Agreement are not subject to the consent of any third party.

SIGNATURE PAGE FOLLOWS
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EACH PARTY’S ACCEPTANCE HEREOF IS EXPRESSLY LIMITED TO THE TERMS OF THIS

AGREEMENT, INCLUDING ITS EXHIBITS AND ADDENDA, AND NO DIFFERENT OR ADDITIONAL

TERMS CONTAINED IN ANY CONFIRMATION, PURCHASE ORDER, AMENDMENT OR OTHER

BUSINESS FORM, WRITING OR MATERIAL SHALL HAVE ANY FORCE OR EFFECT UNLESS EXPRESSLY AGREED TO IN WRITING BY THE PARTIES.

CITY OF SALINAS, CA SOUNDTHINKING, INC.

Accepted By (Signature) Accepted By (Signature)

Jim Pia

Printed Name Printed Name

Interim City Manager

Title Title

Date Date

APPROVED AS TO FORM:

Signature)

Christopher A. Callihan

Printed Name

City Attorney

Title

Date

DocuSign Envelope ID: D25DCE64-FD43-454C-8FB1-C2B3BF38E1FA Roxanne Lerner
Director of Contracts
12/18/2023 | 10:40 AM PST
12/18/2023 | 11:03 AM PST
12/18/2023 | 11:06 AM PST

MASTER SERVICES AGREEMENT ADDENDUM ONE ǀ Page 1 of 15

EXHIBIT A – SOUNDTHINKING QUOTATION #SALINPD081023

ADDENDUM ONE - SHOTSPOTTER® SUPPLEMENTAL TERMS

SoundThinking, Inc. DATE 8/10/2023
39300 Civic Center Dr., Suite 300 Quote # SALINPD081023 Fremont, CA 94538-2337 Customer ID Salinas PD
Phone: 888.274.6877 Fax: 650.887.2106
Quote For: Quote valid until:12/13/2023
Commander James Arensdorf Prepared by: S Carpenter
Salinas Police Department
222 Lincoln Avenue
Salinas, CA 93901
Comments or Special Instructions:

Terri Greene Net 30
QUANTITY (mi²) UNIT PRICE
(per mi²) TAXABLE? AMOUNT

7.0 $70,000 $490,000
SUBTOTAL $490,000

TAX RATE

SALES TAX -

OTHER -
TOTAL $490,000
Please indicate your acceptance of this quote by issuing a Purchase Order referencing the Quote # above.

SoundThinking will issue an invoice once we receive the PO.

If you have any questions concerning this Quote, please contact Karen Isotalo - Vice President, Sales Operations at 510.298.8668 or [email protected] Quote
Renewal of Annual ShotSpotter (formerly Respond) Subscription Services for an additional one-year term (December 14, 2023 through December 13, 2024) for the 7.0 mi² coverage area. The proposed services will be delivered according to the terms and conditions contained in the Flex Services Agreement dated August 31, 2016, which is incorporated herein by reference.

DESCRIPTION
SALES DIRECTOR: TERMS:

Annual ShotSpotter Subscription
Services for 12/14/2023 through
12/13/2024.

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This Addendum One (“Addendum One”) to the SoundThinking™, Inc. Master Services Agreement (the “Agreement”) by and between SoundThinking, Inc. (“ SoundThinking”) and the City of Salinas, CA (“Customer”) is effective as of the last date of signature below.

The following provisions are expressly added to and made a part of the Agreement for the purposes of further defining the ShotSpotter® Subscription Services and terms of use. All terms and conditions of the Agreement shall remain in full force and effect. In the event of a conflict between this Addendum One and the Agreement, this Addendum One shall control:

In consideration of the Parties’ mutual covenants and promises set forth in this Addendum One, the Parties Agree as follows:

Section numbers correspond to the section numbers in the Agreement.

Section 2 DEFINITIONS

ShotSpotter

Insight means the internet portal to which Customer will have access to Reviewed Alerts with respect to the ShotSpotter® Gunshot Detection, Location, and Forensics System .

Coverage Area means the area in square miles covered by the ShotSpotter Services as set forth in Exhibit A and increase to the Coverage Area as agreed to in writing between the Parties.

Reviewed Alerts means the data reviewed by SoundThinking’s incident review staff related to gunfire incidents detected by the ShotSpotter Gunshot Detection, Location, and Forensic Analysis Service.

Section 3 SUBSCRIPTION SERVICES

ShotSpotter

B. Customer is an existing ShotSpotter end user. SoundThinking has previously installed the ShotSpotter System in the Coverage Area specified in Exhibit A attached to the Agreement.

SoundThinking will host the Subscription Services and may update the functionality and Software of the Subscription Services from time to time at its sole discretion and in accordance with the Agreement and this Addendum One.

C. For any expansions of the Customer’s Coverage Area, SoundThinking will be responsible for installation, and determining the location(s) for installation of acoustic sensor(s) (the “Sensors”) that detect gunshot-like sounds, and obtaining permission from the premises owner/property manager/lessee. SoundThinking owns, and is responsible for maintenance of the Sensors.

D. The ShotSpotter System acoustic Sensor may use wired, wireless, or cellular wireless communications which necessitates the existence of a real-time data communications channel from each Sensor to the SoundThinking hosted servers via a commercial carrier.

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The unavailability or deterioration of the quality of such wired, wireless, or wireless cellular communications may impact the ability of SoundThinking to provide the Subscription Services. In such circumstances SoundThinking will use commercially reasonable efforts to obtain alternate wired or wireless cellular communications or adjust the Coverage Area as necessary. In the event SoundThinking is unable to do so, SoundThinking will terminate the ShotSpotter Subscription Services and refund a pro-rata portion of the annual Subscription Services fee to Customer.

E. SoundThinking will provide Customer with user documentation, online help, written or recorded video training material, and other applicable documentation (as available).

F. SoundThinking will provide reasonable efforts to respond via email to requests for support relating to incident classification as defined in the Support Level Matrix provided at Attachment A.

G. During the term of the Agreement, SoundThinking will provide real-time gunfire analysis and alert services. After an explosive (or impulsive) sound triggers enough Sensors that an incident is detected and located, audio from the incident is sent to SoundThinking’s Incident Review Center (IRC) via secure, high-speed network connections for real-time qualification. Within seconds, a SoundThinking professional reviewer analyzes audio data and recordings to confirm gunfire or explosions. The qualified alert is then sent directly to the Customer’s dispatch center, PSAP, mobile/patrol officers, and any other relevant safety or security personnel, as determined by the Customer. The SoundThinking IRC will review gunfire incidents as further defined in Attachment A to this Addendum One.

H. The ShotSpotter Subscription Services shall consist of (i) providing access to the Customer of Reviewed Alerts delivered via the Insight password-protected internet portal and user interface supplied by SoundThinking; (ii) providing Customer access to historical Reviewed Alerts and incident information via the ShotSpotter Software; and (iii) other services as specified in the Agreement and its Exhibits or this Addendum One.

I. SoundThinking will use commercially reasonable efforts to respond to support requests as set forth in the Support Level Matrix provided at Attachment A to this Addendum One.

These requests may be made to SoundThinking through one of the following methods: 1) email to [email protected]; 2) Live Chat through the ShotSpotter Subscription Services applications: 3) A phone call to SoundThinking’s Customer Support organization at 888.274.6877, option 4. These are the only methods SoundThinking will receive and respond to support requests.

Tier 1 (as defined in the Support Matrix included at Attachment A). A SoundThinking Customer Support specialist will be responsible for receiving Customer reports of missed incidents, or errors in the Subscription Services, and, to the extent practicable over email or telephone, making commercially reasonable efforts to assist the Customer in resolving the Customer’s reported problems. In the event the problem cannot be resolved within 24 hours, requiring further research and troubleshooting, SoundThinking will use commercially reasonable efforts to resolve the issue within seventy-two (72) hours of receipt of the report. In the event that the ShotSpotter Subscription Service is fully DocuSign Envelope ID: D25DCE64-FD43-454C-8FB1-C2B3BF38E1FA MASTER SERVICES AGREEMENT ADDENDUM ONE ǀ Page 4 of 11

nonfunctional, and it is not due to power outage or other reasons that are outside of SoundThinking’s control, SoundThinking will work continuously to restore functionality of the Subscription Services in accordance with the standard ShotSpotter user documentation provided with the Subscription Services as soon as reasonably possible, and no later than seventy-two (72) hours of receipt of the report.

J. FORENSIC REPORTS.
i. Investigative Lead Summary (“ILS”). SoundThinking provides an on-demand report available through the ShotSpotter Respond Application. The Investigative Lead Summary (ILS) provides useful details about the approximate location, timing, and sequence of each shot fired during an incident. The ILS is very valuable on scene, helping law enforcement find shell casings, confirm witness accounts, and identify suspects. ILS reports are available immediately after an incident occurs via the mobile, web, or desktop ShotSpotter Respond application (machine-generated). The ILS is not a court-admissible document.
ii. Detailed Forensic Report (“DFR”). If requested by Customer, SoundThinking will provide a DFR for any ShotSpotter-detected incidents, including Reviewed Alerts. The DFR is intended to be a court-admissible document used by attorneys as part of a court case for the exact, verified timing, sequence and location of each shot fired. Secondarily, the DFR is available for use by law enforcement to obtain a search warrant or to investigate an Officer Involved Shooting.

DFRs must be requested in writing and addressed to the SoundThinking Customer Support Department. Requests may be submitted via the Forensics Services page under the Law Enforcement tab on SoundThinking’s website (www.soundthinking.com). SoundThinking will use commercially reasonable efforts to provide a DFR within ten (10) business days of receipt of the request.

K. EXPERT WITNESS SERVICES.

SoundThinking offers reasonable expert witness services, including Reviewed Alerts, for an hourly fee as set forth in Exhibit A of the Agreement, as well as reimbursement of all travel and per diem costs. If requested to provide such services, SoundThinking will invoice the Customer for the number of hours expended to prepare for and provide expert witness testimony, and actual travel expenses, upon completion of the services. Customer understands that SoundThinking undertakes to provide individuals whose qualifications are sufficient for such services, but does not warrant that any person or his or her opinion will be accepted by every court. SoundThinking requires at least fourteen (14) days prior notice of such a requirement in writing from the Customer. Customer must include dates, times, specific locations, and a point of contact for SoundThinking personnel. Due to the nature of legal proceedings, SoundThinking cannot guarantee that its services described in this section shall produce the outcome, legal or otherwise, which Customer desires. Payment for expert witness services described shall be due and payable when services are rendered regardless of the outcome of the proceedings.

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Section 4 INITIAL TERM AND RENEWAL

ShotSpotter

If Customer fails to renew prior to the expiration of the then current subscription term, The Subscription Services will terminate and the Customer’s access to the Subscription Services will be disabled. At its discretion, SoundThinking may remove the ShotSpotter System and any components from the Coverage Area at that time. If SoundThinking does not remove the ShotSpotter System from the Coverage Area, Customer may reinstate the ShotSpotter Subscription Services at a later date by renewing this Agreement and payment of the applicable reactivation and ShotSpotter Subscription Services renewal fees; however, Customer will not have access to any Reviewed Alerts that they would have had access to during the la psed period.

Section 5 LICENSE AND OWNERSHIP

ShotSpotter Data

A. Rights in Data.

SoundThinking shall own and have the unrestricted right to use the ShotSpotter Data, as that term is defined in the Agreement, for internal purposes such as research or product development. SoundThinking may provide, license, or sell the ShotSpotter Data on an aggregated basis to third parties (excluding press or media) to be used for research or analytical purposes, or for law enforcement and/or security purposes.

SoundThinking will not release or disseminate to any person or entity ShotSpotter Data related to or consisting of specific forensic or law enforcement sensitive incident information pertaining to any active inquiry, investigation, or prosecution, unless in response to a valid order or subpoena issued by a court or other governmental body, or as otherwise required by law. SoundThinking will not release, sell, license, or otherwise distribute the gunfire alert ShotSpotter Data to the press or media without the prior express written consent of an authorized representative of the Customer.

Customer shall have the unrestricted right to download, make copies of, distribute, and use the ShotSpotter Data within its own organization, exclusively for its own internal purposes, and for purposes of detecting and locating gunfire, routine archival recordkeeping, evidence preservation, and investigative, or evidentiary, and prosecutorial purposes, and for community engagement and community services initiatives. Customer shall not provide to, license the use of, or sell the ShotSpotter Data to any third parties, which restriction will not pertain to (i) the collaboration with other law enforcement agencies for the purposes of investigating and prosecuting crimes detected by the ShotSpotter Subscription Service; or (ii) government or non-governmental entities focused on the support of victims of gun crime in the local community; or (iii) entities focused on local community outreach and/or violence intervention.

Section 6 CONFIDENTIALITY AND PROPRIETARY RIGHTS
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SoundThinking Privacy Policy

A. SoundThinking Privacy Policy.

With respect to the ShotSpotter Subscription Services, SoundThinking has structured its technology, processes and policies in such a way as to minimize the risk of privacy infringements from audio surveillance while still delivering important public safety benefits to its customers. These efforts to maintain privacy include the following:
1) SoundThinking will not provide extended audio to customers beyond the audio snippet (1 second of ambient noise prior to a gunshot, the gunshot audio itself, and 1 second after the incident). SoundThinking will vigorously resist any subpoena or court order for extended audio that goes beyond an audio snippet.
2) SoundThinking will not provide a list or database of the precise location of Sensors to police or the public if requested and will challenge any subpoenas for this location data.

Section 7 LIMITED WARRANTIES

ShotSpotter Subscription Services and Software Additional Limited Warranties and Disclaimers

A. The ShotSpotter Subscription Services are not designed, sold, or intended to be used to detect, intercept, transmit, or record oral or other communications of any kind.

SoundThinking cannot control how the ShotSpotter Subscription Services are used, and, accordingly, SoundThinking does not warrant or represent, expressly or implicitly, that use of the ShotSpotter Subscription Services will comply or conform to the requirements of federal, state, or local statutes, ordinances, and laws, or that use of the ShotSpotter Subscription Services will not violate the privacy rights of third parties. Customer shall be solely responsible for using the ShotSpotter Subscription Services in full compliance with applicable law and the rights of third persons.

B. SoundThinking does not warrant or represent, expressly or implicitly, that the ShotSpotter System or its use will: result in the prediction or prevention of crime, apprehension or conviction of any perpetrator of any crime, or detection of any criminal; prevent any loss, death, injury, or damage to property due to any reason including the discharge of a firearm or other weapon; or in all cases result in a Reviewed Alert for all firearm discharges within the designated coverage area; or that the ShotSpotter-supplied network will remain in operation at all times or under all conditions.

C. SoundThinking expressly disclaims, and does not undertake or assume any duty, obligation, or responsibility for any decisions, actions, reactions, responses, failure to act, or inaction, by Customer as a result of or in reliance on, in whole or in part, the ShotSpotter Subscription Services, or Reviewed Alerts provided by SoundThinking, or for any DocuSign Envelope ID: D25DCE64-FD43-454C-8FB1-C2B3BF38E1FA MASTER SERVICES AGREEMENT ADDENDUM ONE ǀ Page 7 of 11

consequences or outcomes, including any death, injury, or loss or damage to any property, arising from or caused by any such decisions, actions, reactions, responses, failure to act, or inaction. It shall be the sole and exclusive responsibility of the Customer to determine appropriate decisions, actions, reactions, or responses, including whether or not to dispatch emergency responder resources. The Customer hereby expressly assumes all risks and liability associated with any and all action, reaction, response, and dispatch decisions, and for all consequences and outcomes arising from or caused by any decisions made or not made by the Customer in reliance, in whole or in part, on the ShotSpotter Subscription Services provided by SoundThinking, including any death, injury, or loss or damage to any property.

EXCEPT AS EXPRESSLY SET FORTH IN SECTION 7 OF THE AGREEMENT AND THIS

ADDENDUM ONE, SOUNDTHINKING MAKES AND CUSTOMER RECEIVES NO OTHER

WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY

WARRANTIES OF NON-INFRINGEMENT, QUALITY, SUITABLITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Section 11 DEFAULT AND TERMINATION; REMEDIES

Termination of Access to ShotSpotter Data
In addition to the termination provisions in Section 5. C of the Agreement, upon termination of the Agreement, Customer’s access to ShotSpotter Data will terminate, and SoundThinking will cease delivering Reviewed Alerts for ShotSpotter.

SIGNATURE PAGE FOLLOWS
DocuSign Envelope ID: D25DCE64-FD43-454C-8FB1-C2B3BF38E1FA MASTER SERVICES AGREEMENT ADDENDUM ONE ǀ Page 8 of 11

THE PARTIES HERETO HAVE EXECUTED THIS ADDENDUM ONE
CONTEMPORANEOUSLY WITH THE AGREEMENT.

CITY OF SALINAS, CA SOUNDTHINKING, INC.

Accepted By (Signature) Accepted By (Signature)

Jim Pia

Printed Name Printed Name

Interim City Manager

Title Title

Date Date

APPROVED AS TO FORM:

Signature)

Christopher A. Callihan

Printed Name

City Attorney

Title

Date

DocuSign Envelope ID: D25DCE64-FD43-454C-8FB1-C2B3BF38E1FA 12/18/2023 | 10:40 AM PST
Director of Contracts
Roxanne Lerner
12/18/2023 | 11:03 AM PST
12/18/2023 | 11:06 AM PST
MASTER SERVICES AGREEMENT ADDENDUM ONE ǀ Page 9 of 11

ATTACHMENT A – SERVICE LEVEL AGREEMENT

ShotSpotter® Gunshot Detection, Location System
Reviewed Alert Service Levels
Summary
Under the terms and conditions of the SoundThinking Master Services Agreement and this Addendum One between SoundThinking, Inc. (“SoundThinking”) and Customer, SoundThinking commits to meet or exceed the following Service Level Agreement (SLA) standards as it provides its ShotSpotter Gunshot Location Services1:

Service SLA and Measurement
Gunshot Detection
& Location
90% of unsuppressed, outdoor gunfire incidents, using standard, commercially available rounds greater than .25 caliber, inside the Coverage Area will be detected and located within 25 meters of the actual gunshot location.

Reviewed Alerts 90% of gunshot incidents will be reviewed and published in less than 60 seconds.

Service Availability The ShotSpotter Gunshot Location System service will be available to the Customer 99.9% of the time with online access to ShotSpotter data, excluding scheduled maintenance windows.

Gunshot Detection & Location Performance
The ShotSpotter System will detect and accurately locate to within 25 meters of the actual gunshot location 90% of unsuppressed, outdoor gunshots fired inside the contracted coverage area using standard, commercially available rounds greater than .25 caliber.

Reviewed Alerts Service
SoundThinking’s real-time Incident Review Center (IRC) will review at least 90% of all gunfire incidents within 60 seconds. This human review is intended to confirm or change the machine classification of the incident type, and, depending on the reviewer’s confidence level that the incident is or may be gunfire, will result in an alert (“Reviewed Alert”) sent to the Customer’s dispatch center, patrol car mobile data terminals (MDT), and officer smartphones (via the ShotSpotter App), based on the following criteria:

Incident Type Action
High confidence incident is gunfire Reviewed Gunfire Alert, (Single Gunshot “SG” or Multiple Gunshots “MG”) sent to Customer’s
dispatch center, patrol car mobile data terminals
(MDT), and officer smartphones (via the
ShotSpotter Respond App)
Uncertain if incident is gunfire or not Reviewed Probable Gunfire (“PG”) Alert sent to Customer’s dispatch center, patrol car MDTs, and
officer smartphones
Low confidence incident is gunfire No alert will be sent; incident available for Customer review in the incident history available
through Insight

1 See attached “ShotSpotter – Definition of Key Terms” for a complete definition of terms associated with this SLA and further details in the expanded definitions listed below the Summary. The basis for this SLA and performance measurement will be total gunshot incidents as defined by the Definition of Key Terms.

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Reviewed Alerts are sent to the Customer’s dispatch center, patrol car MDTs, and officer smartphones.

Information in a Reviewed Alert will include the following:
 “Dot on the map” with latitude and longitude indicating the location of the incident.  Parcel address closest to location of the incident.
 When available, additional situational awareness data points may be included, such as:
o Qualitative data on the type/severity of incident: Fully automatic, High Capacity o Other comments (if any)
The ShotSpotter Respond App, and Insight provide the Customer with full and immediate access to incident history including information SoundThinking uses in its internal review process. This information includes, among other things, the initial incident classification and any reclassifications of an incident, incident audio wave forms, and incident audio files. This data access is available as long as the Customer is under active subscription.

Service Availability
The ShotSpotter System 2 will be able to detect gunfire and available to users with online access to ShotSpotter data 99.9% of the time, on a 24x7 by 365 day per year basis, excluding: a) scheduled maintenance periods which will be announced to Customer in advance; b) select holidays; and c) third party network outages beyond SoundThinking’s control.

Customer SLA Credits
Each Service Level measurement shall be determined quarterly, the results of which will be reviewed during the periodic account review meetings with Customer. For each calendar quarter that SoundThinking does not meet at least two of the three above standards, a fee reduction representing one free week of service (for the affected Coverage Area) for each missed quarter shall be included during a future Customer renewal.

Service Level Exclusions and Modifications
SoundThinking takes commercially reasonable efforts to maintain Service Levels at all times. However, Service Level performance during New Year’s Eve and Independence Day and the 48-hour periods before and after these holidays, are specifically excluded from Service Level standards. During these excluded periods, because of the large amount of fireworks activity, SoundThinking uses fireworks suppression techniques3.

The SoundThinking sensors send incident information to the SoundThinking cloud via third party cellular, wireless or wired networks. SoundThinking is not responsible for outages on the third-party networks.

2 ShotSpotter Subscription Service includes all database, applications, and communications services hosted by SoundThinking, Inc. at our data center and specifically exclude Customer’s internal network or systems or 3rd party communications networks, e.g. Verizon, AT&T, Sprint/T-Mobile, or Customer’s Internet Service Provider. 3 SoundThinking will put the ShotSpotter System into "fireworks suppression mode" during this period in order to reduce the non-gunfire incidents required for human classification. SoundThinking will formally inform the Customer prior to the System being placed in fireworks suppression mode and when the mode is disabled. While in fireworks suppression mode, the incident alerts determined to be fireworks are not sent to the reviewer nor the Customer dispatch center, patrol car MDTs, and officer smartphones; however, these non-gunfire incidents will continue to be stored in the database for use if required at a later time.

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Service Failure Notification
Should SoundThinking identify any condition (disruption, degradation or failure of network, cloud, servers, sensors etc.) that impacts SoundThinking’s ability to meet the Gunshot Detection & Location standard (above), SoundThinking will proactively notify the Customer with: a) a brief explanation of the condition; b) how the Customer’s service is affected; and c) the approximate timeframe for resolution. SoundThinking will also notify the Customer once any such condition is resolved.

Customer Responsibilities
The purpose of the Reviewed Alert service is to provide incident data to the Customer, reviewed, analyzed and classified in the manner described above. However, it is the sole responsibility of the Customer to interpret the data provided, and to determine any appropriate follow-up reaction or response, including whether or not to dispatch emergency responder resources based on a Reviewed Alert. SoundThinking does not assume any obligation, duty or responsibility for reaction, response, or dispatch decisions, which are solely and exclusively the responsibility of Customer, or for the consequences or outcomes of any decisions made or not made by the Customer in reliance, in whole or in part, on any services provided by SoundThinking.

Customer must inform SoundThinking when Verified Incidents of gunfire are missed by the ShotSpotter System in order to properly calculate Performance Rate, as defined below.

Customer is responsible for providing any required workstations, mobile devices and internet access for the Customer’s dispatch center, patrol car MDTs, and officer smartphones, or Insight.

Support Level Matrix
Support Level Tier 1 Support (IRC) Tier 2 Support
(Customer Support)
Features  Login support
 Report a misclassification
 Report a missed incident
 Report a mislocated incident
 Basic audio request
 General/application questions
 Request for ILS
Normal Support:
 Analysis of missed gunshots
 Detailed audio search
 Performance analysis
 Integration issues

Critical Support:
 System outage
Hours of Operation 24x7x365 Normal Support: 5 am – 11 pm Pacific Time Zone
Escalation: 24x7x365

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ShotSpotter – Definition of Key Terms
The ShotSpotter System will provide data for correct detection and accurate location for ninety percent (90%) of detectable (outdoor, unsuppressed) community gunfire which occurs within a coverage area, the “Coverage Area”, provided the measurement is Statistically Significant, as defined below. This performance rate shall be calculated as a percentage as follows:

𝑃𝑒𝑟𝑓𝑜𝑟𝑚𝑎𝑛𝑐𝑒 𝑅𝑎𝑡𝑒 =
𝑁𝑢𝑚𝑏𝑒𝑟𝐴𝑐𝑐𝑢𝑟𝑎𝑡𝑒𝑙𝑦𝐿𝑜𝑐𝑎𝑡𝑒𝑑
(𝑁𝑢𝑚𝑏𝑒𝑟𝐴𝑐𝑐𝑢𝑟𝑎𝑡𝑒𝑙𝑦𝐿𝑜𝑐𝑎𝑡𝑒𝑑 + 𝑁𝑢𝑚𝑏𝑒𝑟𝑁𝑜𝑡𝐷𝑒𝑡𝑒𝑐𝑡𝑒𝑑 + 𝑁𝑢𝑚𝑏𝑒𝑟𝑀𝑖𝑠𝑙𝑜𝑐𝑎𝑡𝑒𝑑) where the “Performance Rate” is a number expressed as a percentage, “NumberAccuratelyLocated” is the number of “Gunfire Incidents” occurring within the Coverage Area during the specified period for which the ShotSpotter System produced an Accurate Location, NumberMislocated is the number of Verified Incidents (a “Verified Incident” is an incident where Customer has physical or other credible evidence that gunfire took place) for which the ShotSpotter System produced an inaccurate location (i.e., a Mislocated Incident), and NumberNotDetected is the number of Verified Incidents for which the ShotSpotter System failed to report a location at all (i.e., Missed Incidents).

An “Accurate Location” shall mean an incident located by the ShotSpotter System to a latitude/longitude coordinate that lies within a 25-meter radius of the confirmed shooter’s location (25 meters = approximately 82 feet). “Detectable Gunfire” incidents are unsuppressed discharges of ballistic firearms which occur fully outdoors in free space (i.e. not in doorways, vestibules, windows, vehicles, etc.) using standard commercially available rounds of caliber greater than .25.

ShotSpotter Review Period is measured as the period commencing when the Incident Review Center (IRC) receives the alert and the first audio download to the time it is published to the customer.

ShotSpotter System performance is guaranteed after a “Statistically Significant” set of incidents has been detected in accordance with timeframes set forth herein and following DQV and commercial system acceptance. The ShotSpotter System is designed to detect gunfire which is typically well distributed throughout the Coverage Area; however, performance should not be construed to mean that 90% of gunfire fired at any given location within the Coverage Area will be detected and located within the guaranteed accuracy.

The ShotSpotter System is not a “point protection” system and is therefore not designed to consistently detect gunfire at every single location within the Coverage Area, but rather to Accurately Locate 90% of the Detectable Incidents in aggregate throughout the entire Coverage Area. There may be certain locations within the Coverage Area where obstacles and ambient noise impede and/or overshadow the propagation of acoustic energy such that locating the origin at those positions is inconsistent or impossible. The Performance Rate calculation is thus specifically tied to the Community Gunfire across the entire Coverage Area.

Statistically Significant shall be defined as measurements and calculations which shall be performed as follows: (a) Across an entire Coverage Area; (b) Aggregating over a period of at least 30 days under weather conditions seasonally normal for the area; and (c) Provided that the total number of gunfire incidents being counted is equal to or greater than: (i) thirty (30) incidents for systems of up to three (3) square miles of Coverage Area, or (ii) ten (10) incidents multiplied by the number of square miles of Coverage Area for systems where one or more Coverage Areas are three (3) square miles or larger.

DocuSign Envelope ID: D25DCE64-FD43-454C-8FB1-C2B3BF38E1FA City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#25-562, Version: 1
Project Acceptance of the North Main Street and Lamar Street Pedestrian Improvements, CIP No. 9362 Approve a Resolution accepting the North Main Street and Lamar Street Pedestrian Improvements, CIP No. 9362 for maintenance and responsibility.

City of Salinas Printed on 12/5/2025Page 1 of 1
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CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: DECEMBER 9, 2025
DEPARTMENT: PUBLIC WORKS DEPARTMENT
FROM: DAVID JACOBS, P.E., L.S., PUBLIC WORKS DIRECTOR BY: ADRIANA ROBLES, P.E., C.F.M., CITY ENGINEER

JONATHAN HERNANDEZ, JUNIOR ENGINEER
TITLE: PROJECT ACCEPTANCE OF THE NORTH MAIN STREET AND LAMAR STREET PEDESTRIAN IMPROVEMENTS, CIP NO. 9362

RECOMMENDED MOTION:

A motion to approve a Resolution accepting the North Main Street and Lamar Street Pedestrian Improvements, CIP No. 9362 for maintenance and responsibility.

EXECUTIVE SUMMARY:

On May 2, 2023, City Council approved a Resolution accepting $24 7,500 of Highway Safety Improvement Program (HSIP) grant funds and authorized the allocation of $27,500 of Measure X funds for the North Main Street and Lamar Street Pedestrian Improvements, CIP No. 9362. On January 23, 2024, City Council approved a Resolution awarding a construction contract to Coastal Paving and Excavating, Inc. in the amount of $209,209. Construction began July 29, 2025 , and was completed within the contract working days on October 31, 2025.

BACKGROUND:

On September 14, 2021, City Council adopted the City of Salinas Vision Zero Action Plan through Resolution No. 22184. The Action Plan was developed through a data-driven process with the goal of identifying areas of high collision frequency for evaluation to achieve zero fatality and se vere injury collisions throughout the City. The plan identified intersections with the highest number of pedestrian collisions, the intersection of North Main Street at Lamar Street was identified amongst the top three (3). Due to the intersection’s high pedestrian collision rate and lack of control, it was considered a good candidate for improvement under the HSIP. City staff developed a plan that included the installation of new overhead Rectangular Rapid Flashing Beacon (RRFB) system at the intersection of North Main Street and Lamar Street. City staff submitted an application and was awarded grant funds by HSIP in the amount of $247,500 for the North Main Street and Lamar Street Pedestrian Improvements, CIP No. 9362. On May 2, 2023, City Council approved Resolution No. 22653 accepting HSIP grant funds as well as authorizing the allocation of $27,500 of Measure X funds to be used as local matching funds for the project.

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On November 13, 2023, the City advertised the project and through a competitive bid proc ess opened bids on December 12, 2023, with Coastal Paving and Excavating, Inc. being the lowest bidder. On January 23, 2024, City Council approved Resolution No. 22882 awarding a contract to Coastal Paving and Excavating, Inc. for the construction of the North Main Street and Lamar Street Pedestrian Improvements, CIP No. 9362 in the amount of $209,209. The contract established that the contractor should complete the work within 70 working days. Construction began July 29, 2025, and was completed on October 31, 2025, within contract time. The work consisted of the removal of existing RRFB system and the installation of new overhead RRFB system along with new signage and striping at the northbound and southbound approach of the North Main Street and Lamar Street intersection.

CEQA CONSIDERATION:

Not a Project . The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).

In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may h ave a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as project s pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

The construction activities for the North Main Street and Lamar Street Pedestrian Improvements, CIP No. 9362 were determined exempt from the California Environmental Quality Act (CEQA) Guidelines (Section 15300 et al, Class 1) because the project involved exterior alterations to an existing facility as identified in the Categorical Exemption Class 1; Section 15301 (Existing Facilities).

CALIFORNIA GOVERNMENT CODE §84308 APPLIES:

No.

STRATEGIC PLAN INITIATIVE:

This action supports the City Council goal of “Infrastructure” and “Public Safety”, by improving the pedestrian facility.

DEPARTMENTAL COORDINATION:

The Public Works Department manages and inspects construction projects . The Public Works Department and Finance Department manage the project accounting.

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FISCAL AND SUSTAINABILITY IMPACT:

The project was completed within its approved budget. The construction contract with Coastal Paving and Excavating, Inc. was paid by the CIP No. 9362 per Resolution No. 22882. The total construction cost was $209,209. The project was funded through HSIP grant funds and Measure X funds.

Fund

General Ledger Number
(Operating/CIP)
General Ledger Account
Name

Remaining Budget
Appropriation
Amount Requested
n/a n/a n/a n/a n/a

ATTACHMENTS:

Resolution
Attachment 1: Resolution No. 22184
Attachment 2: Resolution No. 22653
Attachment 3: Resolution No. 22882
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RESOLUTION NO. (N.C.S.)

A RESOLUTION ACCEPTING THE NORTH MAIN STREET AND LAMAR STREET PEDESTRIAN IMPROVEMENTS, CIP NO. 9362 FOR MAINTENANCE AND

RESPONSIBILITY

WHEREAS, on September 14, 2021, City Council adopted the City of Salinas Vision Zero Action Plan, where the intersection of North Main Street and Lamar Street was identified as having high pedestrian collisions; and

WHEREAS, City staff developed a plan for the installation of new overhead Rectangular Rapid Flashing Beacon (RRFB) system along with new signage and striping to improve pedestrian safety; and

WHEREAS, City staff submitted an application for HSIP funds and on May 2, 2023, City Council approved a Resolution accepting HSIP funds in the amount of $247,5 00 and authorized the allocation of $27,500 of Measure X funds; and

WHEREAS, on November 13, 2023, the City advertised for the submission of bids for the North Main Street and Lamar Street Pedestrian Improvements, CIP No. 9362; and

WHEREAS, on December 12, 2023, the City opened bids with Coastal Paving and Excavating, Inc. being the lowest bidder in the amount of $209,209; and

WHEREAS, on January 23, 2024, City Council approved a Resolution awarding a construction contract to Coastal Paving and Excavating, Inc. in the amount of $209,209; and

WHEREAS, the project was determined exempt from the California Environmental Quality Act (CEQA) Guidelines Section 15301(c); and

WHEREAS, construction began on July 29, 2025 , and the contract established that the contractor should complete the work within 70 working days; and

WHEREAS, construction was completed on October 31, 2025, within contract time.

NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council accepts the North Main Street and Lamar Street Pedestrian Improvements, CIP No. 9362 for maintenance and responsibility.

PASSED AND APPROVED this 9th day of December 2025, by the following vote:

AYES:

NOES:

ABSENT:

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ABSTAIN:

APPROVED:

_______________________
Dennis Donohue, Mayor

ATTEST:

_________________________
Patricia M. Barajas, City Clerk

RESOLUTION NO. 22184 (N.C.S.)

A RESOLUTION OF THE SALINAS CITY COUNCIL ADOPTING THE SALINAS VISION ZERO ACTION PLAN.

WHEREAS, City Council passed a Resolution adopting a Vision Zero Policy , which set a clear goal of eliminating fatal and severe injuries collisions; and

WHEREAS, the Vision Zero Action Plan is a data driven approach, which utilizes historical collision data in order to identify collision patterns and trends; and

WHEREAS, high frequencies of collisions led to identifying emphasis areas where the City can prioritize a response and recommend actionable strategies with the goal of eliminating severe injury and fatal crashes; and

WHEREAS, the Vision Zero Action Plan is the City’s play book to achieve this goal; and

WHEREAS, the City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act; and

WHEREAS, at its July 8, 2021 meeting, the Traffic and Transportation Commission voted unanimously (6-0) to recommend to Council that the City Council approve a Resolution adopting the Salinas Vision Zero Action Plan.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Salinas that the Salinas Vision Zero Action Plan is hereby adopted.

PASSED AND APPROVED this 14th day of September 2021 by the following vote:

AYES: Councilmembers: Barrera, Cromeenes, González, Osornio, Rocha, McShane, and Mayor Craig

NOES: None

ABSENT: None

ABSTAIN: None APPROVED:

___________________
Kimbley Craig, Mayor
ATTEST:

__________________________
Patricia M. Barajas, City Clerk
DocuSign Envelope ID: F0AEC8BA-B127-41C0-BAD0-5DBAEF366FBA

RESOLUTION NO. 22653 (N.C.S.)

A RESOLUTION TO: 1) AUTHORIZE THE ESTABLISHMENT OF A NEW CIP ACCOUNT NAMED, “MAIN STREET AT LAMAR STREET PEDESTRIAN
ENHANCEMENTS PROJECT”; 2) AUTHORIZE THE ACCEPTANCE OF HIGHWAY

SAFETY IMPROVEMENT PROGRAM GRANT FUNDS IN THE AMOUNT OF $247,500.00; 3) AUTHORIZE THE ESTABLISHMENT OF A MEASURE X (2510) APPROPRIATION OF UP TO $27,500.00 AND USE OF MEASURE X (2510) FUND

BALANCE AS MATCHING FUNDS FOR MAIN STREET AT LAMAR STREET PEDESTRIAN ENHANCEMENTS PROJECT; AND 4)AUTHORIZE THE PUBLIC

WORKS DIRECTOR TO EXECUTE ALL AGREEMENTS AND ANY REQUIRED

PAPERWORK WITH CALTRANS FOR THE HIGHWAY SAFETY IMPROVEMENT PROGRAM GRANT PROGRAM.

WHEREAS, on September 15, 2021, the City Council adopted the City of Salinas Vision Zero Action Plan; and

WHEREAS, the plan identified the intersection of North Main Street at Lamar Street as having the highest number of pedestrian-involved collisions for any unsignalized intersections in the City; and

WHEREAS, the City submitted an application for grant funding to enhance the crosswalk, and the project was selected to receive $247,500.00 with a 10% local match; and

WHEREAS, the City will need to enter into grant agreements or submit paperwork to Caltrans for the grant funding, and staff recommends that the Council authorize the director to execute all agreements and any required paperwork with Caltrans for the Highway Safety Improvement Program; and

WHEREAS, the City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).

NOW, THEREFORE, BE IT RESOLVED BY THE SALINAS CITY COUNCIL approves a Resolution authorizing the establishment of a new CIP Account named, “Main Street at Lamar Street Pedestrian Enhancements Project” with an appropriation of $275,000; and

BE IT FURTHER RESOLVED that the Salinas City Council approves a Resolution authorizing the acceptance of Highway Safety Improvement Program Grant funds in the amount of $247,500; and
.

BE IT FURTHER RESOLVED that the Salinas City Council approves a Resolution authorizing a transfer of $247,500 from the Special Construction Assistance - Federal & State Fund (5201) to the CIP Fund (5800) for the Project and corresponding revenue budget; and

DocuSign Envelope ID: C041776F-B33F-4781-B5CF-F9107303F356 BE IT FURTHER RESOLVED that the Salinas City Council approves a Resolution authorizing a transfer of $27,500 from the Measure X (2510) Fund to the CIP Fund (5800) for the Project and use of Measure X (2510) fund balance as matching funds for Main Street at Lamar Street Pedestrian Enhancements Project; and

BE IT FURTHER RESOLVED that the Salinas City Council approves a Resolution to Authorizing the Public Works Director to execute all agreements and any required paperwork with Caltrans for the Highway Safety Improvement Program Grant Program.

PASSED AND APPROVED this 2nd day of May 2023 by the following vote:

AYES: Councilmembers Barrera, Gonzalez, McShane, Osornio, Rocha, Sandoval and Mayor Craig

NOES: None

ABSENT: None

ABSTAIN: None

APPROVED:

_________________________________
Kimbley Craig, Mayor

ATTEST:

____________________________
Patricia M. Barajas, City Clerk

DocuSign Envelope ID: C041776F-B33F-4781-B5CF-F9107303F356

RESOLUTION NO. 22882 (N.C.S.)

A RESOLUTION TO APPROVING THE PLANS AND SPECIFICATIONS FOR THE

NORTH MAIN STREET AND LAMAR STREET PEDESTRIAN IMPROVEMENTS

PROJECT AND AWARDING A CONTRACT TO COASTAL PAVING &

EXCAVATING FOR THE NORTH MAIN STREET AND LAMAR STREET
PEDESTRIAN IMPROVEMENTS PROJECT, CIP 9362, IN THE AMOUNT OF $209,209.00

WHEREAS, On May 2, 2023, City Council approved Resolution No. 22653 accepting grant funds from Highway Safety Improvement Program for the North Main and Lamar Street Pedestrian Improvements Project and authorizing the Public Works Director to execute agreements related to the grant; and

WHEREAS, the project will improve the safety of pedestrians crossing through the North Main Street and Lamar Street crosswalk; and

WHEREAS, project plans and specifications are complete, and the project was advertised on November 13, 2023; and

WHEREAS, the City opened bids on December 12, 2023, and the apparent low bidder was Coastal Paving & Excavating Inc. in the amount of $209,209.00; and

WHEREAS, the City has determined that the project is exempt from the California Environmental Quality Act (CEQA) Guidelines (Section 15301, Class 1(c)) because the actions consists of operation and minor alteration of an existing City street.

NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council approve the plans and specifications for North Main Street and Lamar Street Pedestrian Improvements Project, CIP 9362.

BE IT FURTHER RESOLVED that the Salinas awards a contract to Coastal Paving & Excavating Inc. for the North Main Street and Lamar Street Pedestrian Improvements Project, CIP 9362, in the amount of $209,209.00.

PASSED AND APPROVED this 23rd day of January 2024, by the following vote:

AYES: Councilmember Barrera, Gonzalez, McShane, Osornio, Sandoval and Mayor Craig

NOES: None

ABSENT: Councilmember Rocha

ABSTAIN: None
DocuSign Envelope ID: ED5FEA95-A048-4BE0-8813-E57EBAAE0692

APPROVED:

_________________________________
Kimbley Craig, Mayor

ATTEST:

_________________________
Patricia M. Barajas, City Clerk

DocuSign Envelope ID: ED5FEA95-A048-4BE0-8813-E57EBAAE0692

City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#25-566, Version: 1
Hebbron Family Center Construction Contingency Increase Approve a Resolution increasing the construction contingency from $250,000 to $450,000 for the Hebbron Family Center Design-Build contract for a total contract not to exceed amount of $11,029,600 and authorizing the Public Works Director to execute any and all contract change orders related to this project.

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CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: DECEMBER 9, 2025
DEPARTMENT: PUBLIC WORKS (PW)

LIBRARY AND COMMUNITY SERVICES (LCS)
FROM: DAVID JACOBS, PW DIRECTOR

KRISTAN LUNDQUIST, LCS DIRECTOR
TITLE: HEBBRON FAMILY CENTER CONSTRUCTION CONTIGENCY

INCREASE

RECOMMENDED MOTION:

A motion to approve a resolution increasing the construction contingency from $250,000 to $450,000 for the Hebbron Family Center Design-Build contract for a total contract not to exceed amount of $11,029,600 and authorizing the Public Works Director to execute any and all contract change orders related to this project.

EXECUTIVE SUMMARY:

On March 5, 2024, a design-build contract was approved between the City of Salinas and Diede Construction for the Hebbron Family Center design-build project. Generally, in a design-build project, the contractor is responsible for changes that occur during the construction process.

However, changes that arise from unforeseen issues and changes in scope remain the responsibility of the City. To cover these unforeseen issues and changes in scope, City staff originally requested a construction contingency budget of $250,000. Now as we move toward s the end of the project the parking lot has become an issue, and the original contingency is not enough to cover the costs.

City Staff is requesting an additional $ 200,000 to cover the parking lot change and any other unforeseen issue that may arise during the final closeout of the project.

BACKGROUND:

The Hebbron Family Center (“Center”) has served residents since the 1960s, the Center was once a community church and then repurposed as a community center in the 1970s. The Center has provided many critical programs and services for the community, including after-school recreation and homework assistance programs, a teen lounge, martial arts training, food bank distribution, citizenship classes, a pre -kinder program, and much more. Unfortunately, the Center closed in Page | 2
2020 due to the ongoing pandemic and critical safety issues such as roof leaks, water damage, and significant foundation problems.

On May 24, 2022 , a Professional Service Agreement was entered into with Griffin Structures (Griffin) for project management services for the Cen ter. Along with Griffin, the City and community worked on the development of a final design for this facility.

On March 5, 2024, a design-build contract was approved between the City of Salinas and Diede Construction for the Hebbron Family Center design build project.

On June 17, 2025, a $250,000 contingency budget was established. The original contingency fund is being used to cover:
 Cement treatment of the building Pad;
 Removal and replacement of additional sidewalks around the site; and  Procurement of appliances.

These changes are estimated to be approximately $180,000. Since these changes were identified, three more changes have been identified as necessary to move the project toward completion .

These changes illustrated in the following table , include saturated soil under the parking lot , the need for a sanitary sewer manhole, and the need for a pass-through window in the administration office. City staff and the contractor are working through the prices for the change orders, and they are curr ently estimated at $ 190,000. The remaining contingency of $80,000 is for any other unforeseen issues that could arise as the project moves toward completion.

Original Project Contingency $250,000
Utilized to Date -180,000
Remaining Contingency 70,000
Additional Contingency Requested $200,000
Parking lot Improvements, sanitary sewer
manhole, & window est. costs.
-190,000
Net remaining for any unforeseen issues 80,000

CEQA CONSIDERATION:

Categorical Exemption. The City of Salinas has determined that the project is exempt from the California Environmental Quality Act (CEQA) Guideline (Section 15300, Class 2) because it involves replacement and reconstruction of an existing structure.

No Significant Impact. The City of Salinas has determined that the project is of no significant impact under 24 CFR 58.32 – National Environmental Policy Act. N o factors were found to be significant on a stand-alone basis.

Page | 3
CALIFORNIA GOVERNMENT CODE §84308 APPLIES:

No, Government Code section 84308 does not apply as this was a competitively bid and awarded contract.

STRATEGIC PLAN INITIATIVE:

This item relates to the City Council’s Strategic Plan of Infrastructure, City Services and Youth and Seniors.

DEPARTMENTAL COORDINATION:

The Public Works Department and Library & Community Services are working together to complete the Hebbron Family Center.

FISCAL AND SUSTAINABILITY IMPACT:

Sufficient funds are available and appropriated in CIP 9336.

Fund

General Ledger Number
(Operating/CIP)
General Ledger
Account Name

Remaining Budget
Appropriation
Amount
Requested
5201 55.9336-66.4000 Capital Outlays
Improvements
$499,200 $200,000

ATTACHMENTS:

Resolution
1 RESOLUTION NO. (N.C.S.)

A RESOLUTION OF THE SALINAS CITY COUNCIL APPROVING A

CONTINGENCY FUND FOR THE HEBBRON FAMILY CENTER DESIGN BUILD

CONTRACT

WHEREAS, on March 5, 2024, the City entered into a design build contract with Diede Construction for the design build of the Hebbron Family Center; and

WHEREAS, on June 17, 2025, a contingency fund of $250,000 was established; and

WHEREAS, the current contingency funds did not account for additional issues that have been identified including saturated soil under the parking lot , the need for a sanitary sewer manhole, and the need for a pass -through window in the administration office . Additional issues may later be identified, which necessitates additional contingency funding.

NOW, THEREFORE, BE IT RESOLVED that the that the contingency fund is hereby increased from $250,000 to $450,000 for the Hebbron Family Center De sign Build Project for a total contract amount not to exceed $11,029,600; and

BE IT FURTHER RESOLVED that the Director of Public Works is hereby authorized to execute all change orders related to the Hebbron Family Center Design Build.

PASSED AND APPROVED this 9th day of December 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

________________________
Dennis Donohue, Mayor

ATTEST:

2 _________________________
Patricia M. Barajas, City Clerk
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#25-570, Version: 1
Acceptance of the Natividad Creek Park Restroom Rehabilitation Project, CIP No. 9346 Approve a Resolution accepting the Natividad Creek Park Restroom Rehabilitation Project, CIP No. 9346, for maintenance and responsibility.

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CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: DECEMBER 9, 2025
DEPARTMENT: PUBLIC WORKS
FROM: DAVID JACOBS, P.E., L.S., PUBLIC WORKS DIRECTOR
BY: JONATHAN ESTEBAN, ASSISTANT ENGINEER
ADRIANA ROBLES, P.E., C.F.M., CITY ENGINEER
TITLE: ACCEPTANCE OF THE NATIVIDAD CREEK PARK RESTROOM
REHABILITATION PROJECT, CIP NO. 9346
RECOMMENDED MOTION:

A motion to approve a resolution accepting the Natividad Creek Park Restroom Rehabilitation Project, CIP No. 9346, for maintenance and responsibility.

EXECUTIVE SUMMARY:

On July 1, 2025, the City Council approved Resolution No. 23297 awarding a contract to David Construction and Management , Inc. (“David Construction”) for the Natividad Creek Park Restroom Rehabilitation Project, CIP No. 9346 in the amount of $137,874. Construction began on September 2, 2025. David Construction completed the project for a total amount of $212,198, including four change orders of $74,324. As of December 1, 2025, the project has been completed as described within the scope of work and change orders.

BACKGROUND:

The Alisal Vibrancy Plan and Parks, Recreation and Libraries Master Plan identified the rehabilitation of the Natividad Creek Park restrooms as a priority project for the community. In response to this identified necessity, Community Development allocated Community Development Block Grant (CDBG) entitlement Funds for this project. City staff published the Request for Proposals (RFP) for this project twice. The first RFP was published on December 17, 2023, with a submission deadline of January 17, 2023. From this, a total of three proposals were received of which two were disqualified for failure to provide all required bid materials and one was rejected by Council action on April 4, 2023, due to a proposed bid amount 48% higher than the engineer’s estimate. The second RFP was released on April 4, 2023, with a submission deadline of May 9, 2023. Consequently, no bids were received. In May 2023, in accordance wi th CDBG regulations, and in consultation with the City Attorney, staff directly solicited proposals from two previous bidders with only one respondent.

On June 20, 2023, the City awarded a construction contract to HA Construction for the Natividad Creek P ark Restroom Rehabilitation Project (“Project”) in the amount of $151,000.00.

Construction began on May 6, 2024, and the contractor had 90 workings days to complete the Project. During construction, unforeseen conditions and unanticipated events occurred w hich Page | 2
changed the scope of the work. A total of 12 change orders were issued for this Project resulting in an increased total project cost to $229,674.96.

Due to significant delays, substandard construction, labor compliance discrepancies, use of unauthorized subcontractors, and falsification of records, the City terminate d its construction contract with the HA Construction on August 14, 2024. The Project was partially completed, and on December 3, 2024, the Council approved a Resolution partially accepting the Project’s driveway approach and two ADA parking stalls elements. This action allowed the City to assume maintenance and responsibility of these elements, open the overflow parking lot and start the process to bring on a different contractor to complete the Project.

Following the termination of HA Construction, the City has been actively working with the Contractors State License Board (CSLB) and the bonding company to pursue damages related to the contractor’s performance. In addition, the City retain ed WRD Architects to revise the plans and specifications for Natividad Creek Park Restroom Rehabilitation Project No. 9346 into a format suitable for rebidding. The scope of work includes, but is not limited to, the furnishing of all labor, materials, tools, equipment, mobilization, construction best management practices, traffic control, and all incidental and appurtenant improvements and restorations required for the removal/demolition, disposal, and the construction of the Natividad Creek Park Restroom Rehabilitation Project as shown on the plans and technical specifications.

The City Engineer approved the project plans and specifications and authorized the call to bids for this project with bid submittal date of June 10, 2025.

On July 1, 202 5, City Council approved Resolution No. 23297 awarding a contract to David Construction and Management, Inc. (David Construction) for the Natividad Creek Park Restroom Rehabilitation Project, CIP No. 9346 in the amount of $137,874.

Four change orders were issued for a total of $74,324. Table 1 provides a breakdown of the project change orders.

Table 1. Contract Change Orders
CCO
No. Amount
New Contract
Amount
(w/CCOs)
CCO Description
1 $17,606 $155,480
Grouting and plating CMU wall blowouts in
chase room.
2 $750 $156,230 Existing toilet investigation and repair 3 $10,817 $167,047 ADA parking re-striping
4 $45,151 $212,198
Removal of existing exterior paint, prep,
repainting exterior building, bollards, and curb.

Patching CMU wall blowouts.

As of December 1, 2025, the project has been completed as described within the scope of work and change orders and was deemed substantially complete. The restroom was officially opened to the public on December 2, 2025.

Page | 3
Attachment 1 provides before and after photos of the Project.

CEQA CONSIDERATION:

The City of Salinas has determined that the proposed action is categorically exempt from environmental review under the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 1501(a)).

CALIFORNIA GOVERNMENT CODE §84308 APPLIES:

No.

STRATEGIC PLAN INITIATIVE:

This project addresses the current City Council’s Goals of Infrastructure and Youth and Seniors.

DEPARTMENTAL COORDINATION:

The Public Works Department is collaborating with Library Community Services and Community Development Departments for the construction of this project and with Legal and Finance Departments during the procurement process.

FISCAL AND SUSTAINABILITY IMPACT:

There is no fiscal impact with this action. The contract for the Natividad Creek Park Restroom Rehabilitation Project, CIP No. 9346, was $137,874 with a total of four change orders that summed to $74,324 for a total project cost of $212,198.

Fund

General Ledger Number
(Operating/CIP)
General Ledger Account
Name

Remaining Budget
Appropriation
Amount Requested
n/a n/a n/a n/a n/a
ATTACHMENTS:

Resolution
Attachment 1: Before/After Photos
Page | 1

RESOLUTION NO. (N.C.S.)

A RESOLUTION ACCEPTING THE NATIVIDAD CREEK PARK RESTROOM REHABILITATION PROJECT NO. 9346 FOR MAINTENANCE AND

RESPONSIBILITY

WHEREAS, the Alisal Vibrancy Plan and Parks, Recreation and Libraries Master Plans identified the rehabilitation of the Natividad Creek Park restrooms as priority project for the community; and
WHEREAS, Community Development Block Grant (CDBG) entitlement funds were allocated for this Project; and
WHEREAS, the City awarded and terminated a contract to HA Construction due to significant delays, completed construction found to be below industry standards, labor compliance discrepancies, unauthorized subcontractors, and falsification of records; and WHEREAS, City hired WRD Architects to revise the plan s and specifications for Natividad Creek Park Restroom Rehabilitation Project No. 9346 into a format ready to re -bid for construction; and
WHEREAS, City Engineer approved the project plans and specifications and authorized the call to bids for this project with bid submittal date of June 10, 2025; and WHEREAS, On July 1, 2025, City Council approved Resolution No. 23297 awarding a contract to David Construction and Management, Inc. for the Natividad Creek Park Restroom Rehabilitation Project, CIP No. 9346 in the amount of $137,874; and

WHEREAS, David Construction and Management, Inc. completed the project with a total of four change orders that summed to $74,324 for a total project cost of $212,198.; and

WHEREAS, the project has been deemed substantially complete as of December 1, 2025.

NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council hereby accepts the Natividad Creek Park Restroom Rehabilitation Project No. 9346 for maintenance and responsibility.

PASSED AND APPROVED this 9th day of December, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Page | 2

APPROVED:

_______________________
Dennis Donohue, Mayor

ATTEST:

_________________________
Patricia M. Barajas, City Clerk

NATIVIDAD

CREEK PARK

RESTROOM

REHABILITATION
PROJECT NO.
9346

BEFORE AND AFTER
PHOTOS

BEFORE
AFTER

BEFORE

AFTER

City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#25-571, Version: 1
Award of Bids for the Sherwood Recreation Center Building Improvement, CIP 9535 Approve a Resolution approving the Plans and Specifications for the Sherwood Recreation Center Building Improvement, CIP 9535; awarding a contract to Precision Construction Services for the Sherwood Recreation Center Building Improvement, CIP 9535, in an amount not to exceed $2,230,401; approving construction contingencies allowance for contract change orders up to an additional $450,000; and appropriating $3,060,401 from Community Development Block Grants (CDBG) funds to CIP 9535.

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CITY OF SALINAS

COUNCIL STAFF REPORT

DATE: DECEMBER 9, 2025
DEPARTMENT: PUBLIC WORKS DEPARTMENT
FROM: DAVID JACOBS, P.E., L.S., PUBLIC WORKS DIRECTOR

KRISTAN LUNDQUIST, LCS DIRECTOR
BY: JONATHAN ESTEBAN, ASSISTANT ENGINEER
ADRIANA ROBLES, P.E., C.F.M., CITY ENGINEER
TITLE: AWARD OF THE SHERWOOD RECREATION CENTER
BUILDING IMPROVEMENT, CIP 9535
RECOMMENDED MOTION:

A motion to approve a resolution:

1. Approving the Plans and Specifications for the Sherwood Recreation Center Building Improvement, CIP 9535;

2. Awarding a contract to Precision Construction Services for the Sherwood Recreation Center Building Improvement, CIP 9535, in an amount not to exceed $2,230,401;

3. Approving construction contingencies allowance for contract change orders up to an additional $450,000; and

4. Appropriating $3,060,401 from Community Development Block Grants (CDBG) funds to CIP 9535.

EXECUTIVE SUMMARY:

Following a second round of bidding for the project, staff opened bids on October 14, 2025. T wo bid proposals were received from Precision Construction Services (“Precision”) and Marvulli, Inc.

The lowest responsive and responsible bidder, Precision, submitted a base bid in the amount of $2,230,401.

On October 17, 2025, the City received a bid protest from Marvulli, Inc., the second lowest bidder, regarding the subcontractor Val’s Plumbing and Heating, Inc. On December 12, 2025, Marvulli submitted a formal notification withdrawing their bid protest citing that their protest relied on information found to be factually inconsistent.

City staff recommend approving the Plans and Specifications for the Sherwood Recreation Center Building Improvement, CIP 9535, awarding the project to Precision Construction Services for the base bid amount of $2,230,401, approving an allowance of $450,000 for construction Page | 2
contingencies, and a ppropriating $3,060,401 from Community Development Block Grants (CDBG) funds to CIP 9535.

BACKGROUND:

The Old Municipal Swimming Pool Building, located at 940 N. Main Street, was built in 1949. In 2009, after completion of the New Aquatic Center, the old swimming pool was drained, and the building was not utilized. In 2016, Council approved the initial renovation work for this building in connection with the overall plan of converting the building into a multi-use recreational facility.

The work was done in phases to accommodate funding availability and P hase I - III w ere completed on May 11, 2021. The Sherwood Recreation Center Phase IV project is a continuation of this renovation effort.

The City of Salinas receives and administers annual entitlement Community Development Block Grant (CDBG) funds from the United States Department of Housing and Urban Development (HUD). These funds are allocated to address community needs identified in the City’s 2020–2024 Consolidated Plan (the “Plan”) . Sherwood Recreation Center was identified in this Plan as a priority capital improvement project aimed at enhancing recreational opportunities and community well-being. The Project is fully funded through HUD CDBG funds, as previously authorized by City Council through the HUD FY 2021-22, 2022-23, 2023-24, and 2024-25 Annual Action Plans and associated Substantial Amendments.

On July 20, 2023, the City’s Community Development Department approved proposals related to Sherwood Recreation Center Phase IV, and CSG Consultants, Inc. initiated service provision under an executed agreement. City staff submitted the Request for Release of Funds and Certification to HUD on January 30, 2025, in compliance with federal NEPA environmental review and grant administration requirements. Subsequently, on March 7, 2025, HUD issued the Authority to Use Grant Funds, officially authorizing the City to proceed with construction-related activities.

On June 4, 2025, the bid advertisement for the Sherwood Recreation Center Building Improvement, CIP 9535, was published via PlanetBids. On September 9, 2025, City Council voted to reject all bids and authorize rebidding the project due to complaints received regarding a subcontractor listed under the lowest bidder. During the Council meeting, Councilmember s inquired about the desire to award the project to a local contractor and to include provisions in the bid to allow for such award. Pursuant to the federal procurement standards applicable to CDBG funds, non-federal entities must conduct procurements that provide full and open competition and must not apply state, local, or tribal geographic or local -preference provisions when evaluating bids or proposals (pursuant to 2 C.F.R. § 200.319 and 2 C.F.R. §§ 200.318–200.327; HUD CDBG regulations at 24 C.F.R. Part 570).

City staff revised the Plans and Specifications and readvertised the bid via PlanetBids on September 19, 2025, with a shortened advertising period. On October 14, 2025, bid proposals received by the City were publicly opened and read via a Zoom meeting with the following results:

BID RESULTS

CONTRACTOR BASE BID
Precision Construction Services $2,230,401
Marvulli, Inc. $2,608,699
Engineer’s Estimate $2,724,077
Page | 3

The apparent lowest bidder was Precision Construction Services and Marvulli, Inc ., the apparent second lowest bidder.

On October 17, 2025, the City received a bid protest from Marvulli, Inc., the apparent second low bidder. The b id protest stated that the apparent low bidder, Precision Construction Services (“Precision”), should be considered non-responsive due to utilizing partial of their subcontractor’s (Val’s Plumbing) proposal.

On October 20, 2025, Precision provided a response to the bid protest citing that none of the bids received from Val’s Plumbing included language, explicit or otherwise, stating that the bid was not to be divided.

On December 5, 2025, Marvulli submitted a formal withdrawal of their bid protest in its entirety citing that their protest relied on information that Mavulli now understands to be factually inconsistent.

With their response, Precision also requested a subcontractor substitution requesting to substitute Val’s with Geo H. Wilson (an ACCO Engineered Systems company), per Public Contract Code 4107 (a)(1) through (7), citing that Val’s is unwilling to execute a contract. A public hearing will be scheduled for City Council to review the request.

The engineer’s estimate for the project base bid was $2,724,077. Precision Construction Services, the apparent low bidder, submitted a base bid of $2,230,401, ~20% below the engineer’s estimate.

Based on the proposals received, staff recommend awarding the project to the apparent lowest, responsive, and responsible bidder, Precision Construction Services, in an amount not to exceed $2,230,401. Staff anticipate a construction contingency in the amount of $450,000, approximately 20% of the contract amount. The total project costs are estimated at $3,060,401.

ANTICIPATED COSTS
Description Anticipated Expenditure
Precision Construction Services Base Bid $2,230,401
Contingency $450,000
Direct Project Cost Subtotal $2,680,401
Administrative Overhead $50,000
Inspection and Labor Compliance $220,000
City Staff Project Management and Admin. $110,000
Soft Project Cost Subtotal $380,000
TOTAL PROJECT COSTS $3,060,401
CEQA/NEPA CONSIDERATION:

The Sherwood Recreation Center Building Improvement CIP 9535 includes operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no Page | 4
expansion of existing or former use, qualifies as a Class 1 Categorical Exemption (Section 15301a) under the California Environmental Quality Act (CEQA). A “Notice of Exemption” was filed at the Monterey County Recorder’s Office on January 7, 2025.

A National Environmental Policy Act (NEPA) review was completed for Phase IV work was completed on January 10, 2025. The project was determined to be Categorically Excluded per 24 CFR 58.35(a), subject to laws and authorities at 58.35(a)(1).

This project meets the CDBG HUD National Objective of Low-Moderate Area (LMA) benefit, 570.208(a)(1) where the project would benefit at least 51% of the residents in the service area (of the project) that are of Low-Moderate Income (LMI).

CALIFORNIA GOVERNMENT CODE §84308 APPLIES:

No.

STRATEGIC PLAN INITIATIVE:

This project addresses the current City Council’s Goals of Youth and Seniors, Infrastructure and Public Safety.

DEPARTMENTAL COORDINATION:

The process of administering this project involves Public Works, Library and Community Services, Community Development, Finance, and Legal Departments.

Public Works Department will be managing the project with activities that include construction management, labor compliance, and inspection services during construction. The project is a CIP for the Library and Community Services Department and is entirely funded with CDBG funds which is being administered by the Community Development Department. Finance Department manages the proper disbursement of funds and is involved with the reporting requirements of the CDBG funds, and Legal Department reviews pertinent documents/contracts to ensure compliance with applicable laws and regulations. Thus, staff from these Departments are very actively involved with the development and execution of this project FISCAL AND SUSTAINABILITY IMPACT:

There will be no fiscal impact to the General Fund, as the funding will be appropriated from CDBG program funds. The City currently has $51,258 available and appropriated in CIP 9535 and is requesting the reallocation of $3,060,401 from CDBG operating budget (Fund 2910) to CIP Project 9535 to proceed with the construction.

Fund General Ledger Number
(Operating/CIP)
General Ledger Account
Name
Remaining Budget
Appropriation
Amount Requested
2910 30.3240-66.3600 Capital Outlays Contribution
– Bldg Construction
$3,621,173 ($3,060,401)
2910 55.9535-66.4000

Capital Outlays
Improvements
$0 $2,680,401
Page | 5
2910 55.9535-61.1100 Salaries & Beneﬁts $0 $330,000
2910 55.9535-64.1000 Other Charges
Administrative Overhead
$0 $50,000
ATTACHMENTS:

Resolution
Bid Tab
Bid Protest
Bid Protest Withdrawal
RESOLUTION NO.____________(N.C.S.)

A RESOLUTION AWARDING THE SHERWOOD RECREATION CENTER
BUILDING IMPROVEMENT, CIP 9535 TO PRECISION CONSTRUCTION SERVICES

WHEREAS, the City of Salinas (City) receives and administers United States Department of Housing and Urban Development (HUD) entitlement Community Development Block Grant (CDBG) funds for addressing identified needs in the 2020-2024 Consolidated Plan that identified the Sherwood Recreation Center as a priority project; and WHEREAS, the Project will be fully funded using HUD CDBG funds as authorized by Council in its U.S Department of Housing and Urban Development FY 2021-22, 2022-23, 2023- 24, and 2024-25 Annual Action Plans and Substantial Amendments; and WHEREAS, On January 30, 2025, City staff submitted the Request for Release of Funds and Certification to HUD and on March 7, 2025, the City received the Authority to Use Grant Funds from HUD which then allowed City staff to issue the project bid on June 4, 2025; and WHEREAS, On September 9, 2025, City Council voted to reject all bids and authorize rebidding the project due to said complaints regarding a subcontractor under the lowest bidder .

During the Council meeting, Councilmembers inquired about the desire to award the pro ject to a local contractor and to include provisions in the bid to allow for such award.; and WHEREAS, pursuant to the federal procurement standards applicable to CDBG funds, non-federal entities must conduct procurements that provide full and open competi tion and must not apply state, local, or tribal geographic or local -preference provisions when evaluating bids or proposals (see 2 C.F.R. § 200.319 and 2 C.F.R. §§ 200.318 –200.327; HUD CDBG regulations at 24 C.F.R. Part 570); and
WHEREAS, City staff revised the Plans and Specifications and readvertised the project for bid via PlanetBids on September 19, 2025, with a shortened advertising period and due date of October 14, 2025.; and
WHEREAS, Representatives of the Public Works Department and Community Development Department on October 14, 2025, at a public meeting held via a Zoom meeting publicly opened and read all bids received via the PlanetBids website for the Sherwood Recreation Center Building Improvement , CIP 9535 in accordance with the specifications; and WHEREAS, two bids were received from Precision Construction Services and Marvulli, Inc; and
WHEREAS, On October 17, 2025, the City received a bid protest from Marvulli, Inc., the apparent second low bidder. The bid protest stated that the apparent low bidder, Precision Construction Services (“Precision”), should be considered non -responsive due to utilizing partial of their subcontractor’s (Val’s Plumbing) proposal.; and WHEREAS, On October 20, 2025, Precision provided a response to the bi d protest citing that none of the bids received from Val’s Plumbing included language, explicit or otherwise, stating that the bid was not to be divided.; and WHEREAS, On December 5, 2025, Marvulli submitted a formal withdrawal of their bid protest in its entirety citing that their protest relied on information that Mavulli now understands to be factually inconsistent.; and
WHEREAS, The engineer’s estimate for the project base bid was $2,724,077. Precision Construction Services, the apparent low bidder, submitted a base bid of $2,230,401, ~20% below the engineer’s estimate.; and
WHEREAS, Based on the proposals received, staff recommend awarding the project to the apparent lowest, responsive, and responsible bidder, Precision Construction Services, in an amount not to exceed $2,230,401. Staff anticipate a construction contingency in the amount of $450,000, approximately 20% of the contract amount. The total project costs a re estimated at $3,060,401.; and
WHEREAS, City staff thereupon reported the results of the bid to the City Council at its regular meeting on December 9, 202 5, and the City Council in open session at said meeting examined the report of staff.

NOW, THEREF ORE, BE IT RESOLVED pursuant to Salinas Municipal Code Section 12 -21, in reference to the “Sherwood Recreation Center Building Improvement , CIP 9535”, that all of said bids or proposals are rejected except the bid from Precision Construction Services, (hereinafter referred to as “The Successful Bidders”), being the lowest and best bids (based on the specification’s criteria for award) which is hereby accepted. The subject contract is hereby awarded to said Successful Bidders for the sum of $2,230,401 and m ore specifically at the unit prices set forth and contained in the Proposal for the “Sherwood Recreation Center Building Improvement, CIP 9535”, of said Successful Bidders, filed in the office of the City Clerk. Said sum shall be paid by the City of Salina s to said Successful Bidder, payable at the time and manner specified in the plans and specifications and contract documents for the project, entitled, “Sherwood Recreation Center Building Improvement, CIP 9535”; and; and BE IT FURTHER RESOLVED that said plans and specifications are hereby accepted and adopted for said work and are also referred to for all of the details and particulars thereof, and said plans and specifications are by reference incorporated in and hereby made a part of this resolution; and
BE IT FURTHER RESOLVED that that the Mayor of Salinas is hereby authorized and directed on behalf of the City of Salinas to execute a contract consistent with the Proposal of said Successful Bidder for said work; and
BE IT FURTHER RESOLVED that the City Council approve s a construction contingency allowance for contract change orders up to an additional $450,000 for the Sherwood Recreation Center Building Improvement, CIP 9535; and
BE IT FURTHER RESOLVED that the City Council authorizes to approp riate $3,060,401 from Community Development Block Grants (CDBG) funds to the CIP 9535 fund.

PASSED AND APPROVED this 9th day of December 2025 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

______________________________
Dennis Donohue, Mayor
ATTEST:

_______________________________
Patricia M. Barajas, City Clerk

BID OPENING
October 14, 2025
B I D T A B U L A T I O N PROJECT No. 9535
Bid awarded on _______ by City Council to ___________ Drawing No. for the sum of __________ Project Engineer:Jonathan Esteban All other bids were rejected and bid bonds returned. Project Manager: Jonathan Esteban Dated CONTRACTOR #1 CONTRACTOR #2
City Clerk ENGINEER'S

ESTIMATE
ITEM APPROX. UNIT UNIT UNIT
NO. QUANTITY PRICE TOTAL PRICE TOTAL PRICE TOTAL

BASE BID
1 MOBILIZATION 1 LS 50,000.00$ 50,000. 00$ $19,538. 00 19,538.00$ $387,407. 00 387,407.00$ 2 GENERAL CONDITIONS AND REQUIREMENTS (DIVISION 01) 1 LS 585,725.00$ 585,725. 00$ $0.00 -$ $323,010. 00 323,010.00$ 3 ARCHITECTURAL (A-SHEETS) 1 LS 1,419,920.00$ 1,419, 920.00$ $1,281, 633.00 1,281,633.00$ $1,141, 285.00 1,141,285.00$ 4 PLUMBING (P-SHEETS) 1 LS 18,512.00$ 18,512. 00$ $2,477. 00 2,477.00$ $1,750. 00 1,750.00$ 5 MECHANICAL HVAC (M-SHEETS) 1 LS 40,161.00$ 40,161. 00$ $89,996. 00 89,996.00$ $63,490. 00 63,490.00$ 6 ELECTRICAL (E-SHEETS) 1 LS 12,516.00$ 12,516. 00$ $26,032. 00 26,032.00$ $51,355. 00 51,355.00$ 7 CIVIL SITE (C-SHEETS) 1 LS 605,795.00$ 605,795. 00$ $549,414. 00 549,414.00$ $453,572. 00 453,572.00$ 8 LANDSCAPE AND IRRIGATION (L-SHEETS) 1 LS 41,448.00$ 41,448. 00$ $261,311. 00 261,311.00$ $186,830. 00 186,830.00$ TOTAL BASE BID (ITEMS 1-8)
(FOR COMPARISON ONLY)
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
SHERWOOD HALL RECREATION CENTER BUILDING IMPROVEMENT CIP NO. 9535 PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT X
2,774,077.00$

BIDDER'S BOND
X
X

ITEMS TO BE SUBMITTED WITH PROPOSAL ON BID OPENING DATE X
X
X

UNITDESCRIPTION
2,230,401.00$

BIDDER'S STATEMENT OF SUBCONTRACTORS - PART I
SIGNED ADDENDUM NO. 1
X

NON-COLLUSION DECLARATION OF CONTRACTOR X

PROPOSAL

XEQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE
SIGNED ADDENDUM NO. 2
X

INSURANCE CERTIFICATION
X
X
181 Bonetti Dr, San Luis Obispo, CA, 93401
Precision Construction Services
(805)995-4195
X

NON-LOBBYING CERTIFICATION FOR FEDERAL AID CONTRACTS
X

BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY, TECHNICAL ABILITY, AND EXPERIENCE X
X
Marvulli, Inc.
1005 E Childs Ave, Ste A, Merced, CA 95341
(209)233-9474
2,608,699.00$
X
X
X X
X
X
X
X
X
X
X
PUBLIC CONTRACT CODE SECTION 10232 STATEMENT X X

CONTRACTOR'S CERTIFICATION OF NON-SEGREGATED FACILITIES X X

DEBARMENT AND SUSPENSION CERTIFICATION X

DISCLOSURE OF NON-LOBBYING ACTIVITIES
12/5/2025 1:27 PM Page 1 of 2

ESTIMATE
ITEM APPROX. UNIT UNIT UNIT
NO. QUANTITY PRICE TOTAL PRICE TOTAL PRICE TOTAL
SHERWOOD HALL RECREATION CENTER BUILDING IMPROVEMENT CIP NO. 9535

UNITDESCRIPTION
181 Bonetti Dr, San Luis Obispo, CA, 93401
Precision Construction Services
(805)995-4195
Marvulli, Inc.
1005 E Childs Ave, Ste A, Merced, CA 95341
(209)233-9474
17 18
19 20
21 22
23 24
25 26
27 28
29 30
31 32
33 AFFIRMATIVE ACTION ACKNOWLEDGEMENT LETTER FOR EXECUTIVE ORDER 11246

BIDDER'S STATEMENT OF SUBCONTRACTORS - PART II

NON-COLLUSION DECLARATION OF SUBCONTRACTOR
ITEMS TO BE SUBMITTED BY LOW BIDDER AND SECOND LOWEST BIDDDER WITHIN 5 WORKING DAYS AFTER BID OPENING X
X

MINORITY/WOMEN BUSINESS CERTIFICATION X X

BIDDER'S LIST FOR THE CITY OF SALINAS ENGINEERING AND TRANSPORTATION DEPARTMENT X X
X
X

CONTRACTOR DATA UNIVERSAL NUMBERING SYSTEM (D-U-N-S) NUMBER X X

SUBCONTRACTOR CERTIFICATION OF NONSEGREGATED FACILITIES X

MINORITY/WOMEN BUSINESS UTILIZATION REPORT X X
CONTRACTOR'S SECTION 3 AFFIRMATIVE ACTION STATEMENT X X SECTION 3 GOALS STATEMENT X X
PROJECT WAGE RATE SHEET (HUD FORM 4720) X X

CONTRACTOR CERTIFICATION OF UNDERSTANDING AND AUTHORIZATION X
X

SUBCONTRACTOR CERTIFICATION OF UNDERSTANDING AND AUTHORIZATION X

CONTRACTOR CERTIFICATION OF APPLICABLE FRINGE BENEFITS X X

SUBCONTRACTOR CERTIFICATION OF APPLICABLE FRINGE BENEFITS X CONTRACTOR SECTION 3 NOTICE X X
MBE/WBE CONTRACTING ANNUAL REPORTING FORM (HUD FORM 2516) X 12/5/2025 1:27 PM \\Vsalsvr60\p\p\9535 Sherwood Recreation Center Building Improvement\BID OPERATIONS [REBID 10.14.2025]\Bid Tab\BidTab_Sherwood_9535_REBID.xls Page 2 of 2

805.995.4195 | www.Precision.Services | 181 Bonetti Drive | San Luis Obispo, CA 93401

December 3, 2025
Christopher Callihan, Esq.

City Attorney for the City of Salinas
200 Lincoln Ave.

Salinas, CA 93901-2639
[email protected]

RE: Sherwood Recreation Center Building Improvement – Bid Protest Response

Dear Mr. Callihan,

This letter follows up my previous letter to the City dated October 21, 2025 and is in response to the bid protest submitted by Marvulli, Inc. (“Marvulli”) regarding Precision Construction Services’ (“PCS”) apparent low bid submitted on October 14, 2025. This letter provides further clarification as to why Marvulli’s bid protest should not be sustained. PCS has already identified a replacement subcontractor for the HVAC and Plumbing scopes and is prepared to proceed with the work. The replacement of the subcontractor will have no cost or time impact on the City.

As stated in Chapter 12-39 of the City of Salinas Code of Ordinances (“Code”), “[t]he city council shall sustain a bid protest only if it finds evidence that award of the bid would violate the Code or other applicable law.” (emphasis added). Here, Marvulli’s bid protest is based solely on an allegation “that subcontractor’s bid explicitly stated that their offer was not to be divided and must be accepted in its entirety.” The only evidence offered for this allegation is a letter from the subcontractor at issue—Val’s Plumbing & Heating, Inc. (“Val’s”). However, as explained in my October 21, 2025 letter, none of Val’s bids included any language, explicit or otherwise, stating that the bid was not to be divided. The Val’s bids attached to my letter show no language to that effect. There simply is no credible evidence in support of the cited basis for Marvulli’s bid protest.

Val’s submitted three bids to PCS for this project:

1) The first bid submitted (attached again hereto as Exhibit A) included only the Plumbing and Mechanical scopes and included broken down pricing for each scope as required by the RFP. 2) The second bid submitted (Exhibit B) showed only a lump sum bid for all four scopes of Preformed Metal Roof Panels, Sheet Metal Flashing and Trim, Plumbing, and Mechanical. 3) The third and final bid submitted (Exhibit C) also showed only a lump sum bid for all four scopes but with an increased price.

805.995.4195 | www.Precision.Services | 181 Bonetti Drive | San Luis Obispo, CA 93401

Because the RFP required that the bid be broken out by scope (see required bid form entitled “Bidder’s Statement of Subcontractors – Part I”) and Val’s was not responsive to PCS’s requests to break down its latest lump sum proposal, PCS proceeded with including the only of Val’s bids which complied with the RFP requirements, which was Val’s bid for the Plumbing and Mechanical as set forth in its initial bid (Exhibit A). This is also because Val’s bid for the Metal Panels and Sheet Metal scopes was not competitive and PCS had elected to proceed with another subcontractor for those scopes.

Critically, at no time prior to the bid deadline did Val’s indicate that it would not accept the work if only awarded the Plumbing and Mechanical scopes. It is also worth noting that the Plumbing & Mechanical/HVAC scopes combined accounted for less than two percent (2%) of PCS’ total Base Bid and PCS received competitive proposals from multiple qualified subcontractors for these scopes. Had Val’s indicated any reluctance to accept the work if only awarded the Plumbing and Mechanical scopes, PCS would have simply listed a different subcontractor for the HVAC and Plumbing scopes with no impact to the total Base Bid.

Based on the above, there is no evidence that the award of the bid to PCS would violate the Code or any other applicable law. Chapter 12-23 of the Code provides that the criteria in determining the lowest responsible bid include consideration of the following:

• (a) The extent to which the offer meets the requirements and specifications of the city—There is no evidence presented by Marvulli’s bid protest that PCS’s bid does not meet the requirements and specifications of the City. In fact, PCS chose to include Val’s initial bid in order to comply with the RFP requirements.
• (b) Long-term and short-term costs to the city, including maintenance—PCS was the apparent low bid and accepting PCS’s bid would allow the project to begin construction without further delay or cost to the City.
• (c) Impact on operational efficiency, which includes delivery requirements—See above. PCS notes that the RFP indicated that due to federal funding, the project must be 70% complete by April 3, 2026, which would be extremely challenging to meet if the project is re-bid. • (d) Reliability of the suppliers to provide and warranty the items procured—PCS’s reliability and qualifications to perform the work are not put into issue by any of the evidence. • (e) Financial stability of the bidder—None of the evidence undermines PCS’s financial stability.

California Public Contract Code § 1103 similarly defines “responsible bidder” as “a bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the public works contract.” Again, there has been no credible evidence to suggest that PCS does not meet this definition of “responsible bidder.”

805.995.4195 | www.Precision.Services | 181 Bonetti Drive | San Luis Obispo, CA 93401

PCS therefore respectfully requests that the City take into consideration the above information in evaluating Marvulli’s bid protest. PCS further requests that it be provided the opportunity to address the bid protest at the next city council hearing before a decision is issued. Pursuant to Chapter 12-39 of the Code, the city council must hold a hearing on the bid protest (“The city council shall hear the bid protest prior to adopting a resolution authorizing the bid award…”).

Thank you for your consideration.

Sincerely,

Karl Vaillancourt, Principal
Gustav Keoni dba Precision Construction Services

EXHIBIT A
’s PLUMBING & HEATING, INC. October 14, 2025
CSLB# 236164
Phone: (831) 424-1633 - Fax (831) 754-5514
413 Front St. Salinas, CA, 93901
https://valsplumbing.com/

Page 1 of 3 ends

Salinas City CouncilDecember 9, 2025

Salinas City Council
December 9, 2025