Agenda packet — Turlock City Council, March 24, 2026 (part 5 of 5)

(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.

Page 461 of 519 ends

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.

Page 462 of 519 ends

Note: Any Surety Bond, if a part of the sale of the vehicle as to which this limited warranty is provided, applies only to this Pierce Basic One Year Limited Warranty for such vehicle, and not to other warranties made by Pierce in a separate document (if any) or to the warranties (if any) made by any manufacturer (other than Pierce) of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. 2/8/2010 WA0012

1. LIMITED WARRANTY
THE WARRANTY SET FORTH IN PARAGRAPH 1 IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY PIERCE. PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL

OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,

INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ANY

WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

2. DISCLAIMERS OF WARRANTIES
The original purchaser may void this warranty in part or in its entirety if the product is repaired or replaced (a) without prior written approval of the Pierce Customer Service Department; or (b) at a facility which has not been approved by Pierce as to technical capability. Any repairs, modifications, alterations or aftermarket parts added after manufacture without the authorization of Pierce may void this warranty.

This limited warranty shall apply only if the product is properly maintained in accordance with Pierce's maintenance instructions and manuals and is used in service which is normal to the particular model. Normal service means service which does not subject the product to stresses or impacts greater than normally result from careful use. If the Buyer discovers a defect or nonconformity, it must notify Pierce in writing within thirty (30) days after the date of discovery, but in any event prior to the expiration of the warranty period.

THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE

TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY.

This warranty applies only to the cab tubular support and mounting structures and other structural components of the cab of the vehicle model, as identified in the Pierce
specifications for the Fire and Rescue Apparatus.

This warranty does not apply to damage caused by corrosion.

Conditions and
Exclusions:

See Also
Paragraphs
2 thru 4
Limited Warranty
Subject to the limitations and exclusions set forth below, Pierce Manufacturing provides the following warranty to the Buyer:
(c) any vehicle, chassis or component, part, attachment or accessory that has been repaired, altered or assembled in any way by any person or entity other than Pierce which, in the sole judgment of Pierce, adversely affects the performance, stability or purpose for which it was manufactured; or
(a) any integral parts, components, attachments or trade accessories of or to the product that are not manufactured by Pierce, including but not limited to engines, transmissions, drivelines, axles, water pumps and generators; with respect to all such parts, components, attachments and accessories, Pierce shall assign to Buyer the applicable warranties, if any, made by the respective manufacturers thereof; Notwithstanding anything to the contrary herein, Pierce makes no warranty whatsoever as to:

Fire and Rescue Apparatus
Coverage:

Ten (10) Year Structural Integrity
Custom Cab
Ten (10) Years
- or -
100,000 Miles
Warranty Period
Ends After:

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

The Pierce Custom Cab shall be free from structural failures caused by defects in material and workmanship
(d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce. (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot;

4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES.

Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL,

INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER,

WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW

OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY

PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS

THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO,

REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages.

If the product fails to conform to the warranty set forth in paragraph 1 during the warranty period, and such nonconformity is not due to misuse, neglect, accident or improper maintenance, Buyer must notify Pierce within the time period specified in paragraph 1, and shall make the product available for inspection by Pierce or its designated agent. At the request of Pierce, any allegedly defective product shall be returned to Pierce by Buyer for examination and/or repair. Buyer shall be responsible for the cost of such transportation, and for risk of loss of or damage to the product during transportation.

Within a reasonable time, Pierce shall repair or replace (at Pierce's option and expense) any nonconforming or defective parts. Repair or replacement shall be made only by a facility approved in advance in writing by Pierce. THIS REMEDY SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY.

3. BUYER'S EXCLUSIVE REMEDY.

Page 463 of 519 ends

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.

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

Page 464 of 519 ends

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,

3. BUYER'S EXCLUSIVE REMEDY.

Page 465 of 519 ends

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,

3. BUYER'S EXCLUSIVE REMEDY.

Page 466 of 519 ends

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,

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.

Page 467 of 519 ends

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 Distributor or authorized Dealer only when necessary to prevent further damage to your transmission.
 PAYMENT TERMS — Warranty repairs, including parts and labor, will be covered per the schedule shown in the chart contained in section “APPLICABLE MODELS, WARRANTY LIMITATIONS, AND ADJUSTMENT SCHEDULE.”  OBTAINING REPAIRS — To obtain warranty repairs, take the vehicle to any Allison Transmission Distributor or authorized Dealer within a reasonable amount of time and request the needed repairs. A reasonable amount of time must be allowed for the Distributor or Dealer to perform necessary repairs.
 TRANSMISSION REMOVAL AND REINSTALLATION — Labor costs for the removal and re-installation of the transmission, when necessary to make a warranty repair, are covered by this warranty.  WARRANTY PERIOD — The warranty period for all coverages shall begin on the date the transmission is delivered to the first retail purchaser, with the following exception:

Demonstration Service - A transmission in a new truck or bus may be demonstrated to a total of 5000 miles (8000 kilometers).

If the vehicle is within this limit when sold to a retail purchaser, the warranty start date is the date of purchase. Normal warranty services are applicable to the demonstrating Dealer. Should the truck or bus be sold to a retail purchaser after these limits are reached, the warranty period will begin on the date the vehicle was first placed in demonstration service and the purchaser will be entitled to the remaining warranty.

APPLICABLE MODELS, WARRANTY LIMITATIONS, AND ADJUSTMENT SCHEDULE

WARRANTY LIMITATIONS
(Whichever occurs first)

ADJUSTMENT CHARGE TO BE

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

Page 468 of 519 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

Page 469 of 519 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,

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.

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.

Page 470 of 519 ends

Limited Lifetime Warranty
Effective as of January 1, 2024

1. General. United Plastic Fabricating, Inc. (the
"Company") warrants to the owner (the “Owner”) that
the products set forth on Exhibit A, attached hereto (the "Product") will be reasonably free from defects in
materials and workmanship for the service life of the
Product. This Limited Lifetime Warranty (the
“Warranty”) only applies to Company Products that are:
(a) owned by a federal, state, county or local
government, a volunteer fire department or dedicated
commercial fire service operation; (b) continuously and actively used in emergency response and/or fire
suppression vehicles; and (c) used, stored, handled
and installed in the manner recommended by
Company.

2. Warranty Obligations. Subject to the exclusions and
limitations set forth in this Warranty, Company will, at its option, repair or offer a one (1) time replacement of the Product without charge, if the Product fails or does not perform as warranted during the warranty period due to
a manufacturing defect or a defect in materials. Repair or replacement shall include reasonable labor charges
necessary to repair or replace the defective Product but shall not include: (a) the costs associated with removal of the Product from the vehicle or the cost to otherwise provide access to the Product in the vehicle; (b) the cost associated with any required upgrades the vehicle
(including, without limitation, upgrades required to
strengthen the vehicle’s frame); or (c) travel costs,
except as provided by Section 3. Company's obligation
as to repair or replacement shall further be limited to repair or replacement with the models of the Product
that are available at the time of the repair or
replacement, and shall be limited to the repair or
replacement of only the specific Product that fails due to a manufacturing defect. In the event a Product
becomes unavailable or cannot be supplied by
Company for any reason a substitute Product of equal
quality and functionality of the subject Product may be substituted by Company. Any repaired Product shall
remain subject to this Warranty and any repair shall not extend the warranty period in any manner or start a new warranty period. Any Product that is replaced by
Company shall be excluded from this Warranty. In no
event shall Company be required to expend, in any one
(1) or series of expenditures, more than the purchase
price of the Product to repair or replace a defective
Product. Amounts expended by Company shall include
all amounts paid by Company in connection the repair
or replacement, including without limitation, amounts
paid to third-parties, material costs, incidental costs and travel costs (except as provided by Section 3).

3. Travel; Expenses; Product Access. Company shall
be responsible for any travel costs incurred to repair or replace the Product provided that: (a) the Product is
located in the continental United States or Canada; and (ii) the warranty claim is initiated prior to the date on which NFPA 1912 Standards (Annex D) recommends
replacement of the Product. All other travel costs
incurred by Company or its agents to repair or replace
the Product shall be the responsibility of the party
asserting the warranty claim. Company reserves the
right to require, as a condition to undertaking any repair or replacement: (y) pre-payment of its anticipated travel costs; and (z) satisfactory arraignments concerning
scheduling and access to the Product. If the subject
Product is located in an area of the world considered, in Company’s sole discretion, to be unsafe Company may
refuse to process the claim or require relocation of the Product, at no expense to Company, to an area where
such repairs can be performed safely by Company or
its agents. In the event Company or Company’s agents
are dispatched to repair or replace a defective Product and the vehicle in which the Product has been installed is not available or the Product is not readily accessible, for any reason, Company or Company’s agents, as the
case may be, shall be immediately reimbursed for all
expenses incurred therewith.

4. Exclusions: Products must be stored, handled,
installed, used and maintained in accordance with
instructions provided by Company, and this Warranty is
conditioned upon compliance with all such instructions.

This Warranty does not cover defects caused by: (a)
improper installation; (b) modification, alteration or
repair of the Product by any unauthorized third-party;
(c) misuse, including, without limitation, improper

Page 471 of 519 ends

storage or handling of the Product (e.g. excessive
exposure to UV rays); chemical abuse (e.g. harsh
cleansers and solvents), thermal abuse or shock (e.g.
excessive heat or cold); (d) damage not resulting from
manufacturing defects that occur while the Product is
not in Company’s possession (e.g. accidents); or (e)
unreasonable or unintended use of the Product. Copies
of the Company's operation and maintenance
instructions are available on the Company's website
https://www.unitedplastic.com/upf-documents/

5. Disclaimer. THE WARRANTIES SET FORTH

HEREIN ARE THE ONLY WARRANTIES MADE BY
COMPANY IN CONNECTION WITH THE PRODUCT.

COMPANY CAN NOT AND DOES NOT MAKE ANY

IMPLIED OR EXPRESS WARRANTIES WITH

RESPECT TO THE PRODUCT, AND DISCLAIMS ALL

OTHER WARRANTIES, INCLUDING, BUT NOT

LIMITED TO, ANY WARRANTY OF

MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. PRODUCTS SOLD BY

COMPANY ARE SOLD ONLY TO THE

SPECIFICATIONS SPECIFICALLY SET FORTH BY
COMPANY IN WRITING. OTHER THAN THE LIMITED

WARRANTY SET FORTH HEREIN, COMPANY

MAKES NO OTHER WARRANTIES, EXPRESS OR
IMPLIED. COMPANY'S SOLE OBLIGATION UNDER

THIS WARRANTY SHALL BE REPAIR OR
REPLACEMENT OF NON-CONFORMING PRODUCT.

BUYER ASSUMES ALL RISK WHATSOEVER AS TO

THE RESULT OF THE USE OF THE PRODUCT

PURCHASED, WHETHER USED SINGULARLY OR IN

COMBINATION WITH ANY OTHER PRODUCTS OR
SUBSTANCES.

6. Limitation of Liability. NO CLAIM BY OWNER OF

ANY KIND, INCLUDING CLAIMS FOR

INDEMNIFICATION, SHALL BE GREATER IN

AMOUNT THAN THE PURCHASE PRICE OF THE

PRODUCT IN RESPECT TO WHICH DAMAGES ARE
CLAIMED. IN NO EVENT SHALL COMPANY BE

LIABLE TO OWNER IN TORT, CONTRACT OR

OTHERWISE, FOR ANY SPECIAL, INDIRECT,

INCIDENTAL, CONSEQUENTIAL (INCLUDING,

WITHOUT LIMITATION, ANY OBLIGATION OF

COMPANY TO REPAIR OR REPLACE ANY

CHASSIS, SUB-FRAMES, BODIES, VALVES,

DUMPS, HOSES, PRESSURE VACUUM VENTS OR

OTHER SIMILAR COMPONENTS), RELIANCE,

STATUTORY, SPECIAL, PUNITIVE OR EXEMPLARY

DAMAGES, INCLUDING, BUT NOT LIMITED TO,

LOST PROFITS, LOSS OF USE, LOSS OF TIME,

LOSS OF REVENUES, INCONVENIENCE, LOSS

BUSINESS OPPORTUNITIES, OR DAMAGE TO

GOOD WILL OR REPUTATION, EVEN IF ADVISED

OF THE POSSIBILITY OF SUCH DAMAGES OR

SUCH DAMAGES COULD HAVE BEEN

REASONABLY FORESEEN, IN CONNECTION WITH,

ARISING OUT OF, OR AS A RESULT OF, THE SALE,

DELIVERY, SERVICING, USE OR LOSS OF USE OF

THE PRODUCTS SOLD HEREUNDER, OR FOR ANY

LIABILITY OF BUYER TO ANY THIRD PARTY WITH
RESPECT THERETO.

7. Reformation. If any term or provision of this Warranty shall be held or deemed to be, or shall in fact be, invalid, inoperative, illegal or unenforceable as applied in any case or in any jurisdiction or jurisdictions because of the conflicting nature of any provision with any constitution or statute or rule of public policy or for any other reason, then: (a) such circumstance shall not have the effect of rendering the provision or provisions in question invalid, inoperative, illegal or unenforceable in any other
jurisdiction or in any other case or circumstance or of rendering any other provision or provisions herein
contained invalid, inoperative, illegal or unenforceable to the extent that such other provisions are not
themselves actually in conflict with such constitution, statute or rule of public policy; and (b) any such
invalid, inoperative, illegal or unenforceable provision shall be reformed and construed in any such jurisdiction or case so that such provision would be valid, operative and enforceable to the maximum extent permitted in
such jurisdiction or case.

8. Headings. The headings contained herein are for
convenience and reference only, and shall be given no
effect in the interpretation of any term or condition of this Warranty.

9. Submitting a Warranty Claim. To request coverage
under this Warranty you must submit a claim through
Company’s_website:
https://www.unitedplastic.com/contact/product-support/

10. Transferability. This Warranty is transferable and
entitles the transferee to coverage for the remainder of the original warranty period.

11. Modification. This Warranty may be modified (a) as set forth on a binding sales order for the Product or (b) by a written agreement between Company and the
Owner.

Page 472 of 519 ends

Exhibit A

Covered Product List
 Poly-Tanks®
 PolySide® Wetside Tanks
 Defender™ Skid Tanks
 Ellip-T™ Elliptical Tanks
 ARFF Tanks

Page 473 of 519 ends

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,

3. BUYER'S EXCLUSIVE REMEDY.

Page 474 of 519 ends

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 pl ease 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 in cludes 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. A ll 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 mo st economical carrier. Should items be

Page 475 of 519 ends

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.

Page 476 of 519 ends

Waterous Company
125 Hardman Avenue South
South St. Paul, MN 55075 USA
www.waterousco.com
F-2891 (04/15/20)
Waterous Seven-Year Limited Warranty
WATEROUS warrants, to the original Buyer only, that products manufactured by WATEROUS will be free from defects in material and workmanship under normal use and service for a period of seven (7) years from the date the product is first placed in service, or seven and one-half (7-1/2) years from the date of shipment by WATEROUS, whichever period shall be the first to expire; provided the Buyer notifies WATEROUS, in writing, of the defect in said product within the warranty period, and said product is found by WATEROUS to be nonconforming with the aforesaid warranty. When required in writing by WATEROUS, defective products must be promptly returned by Buyer to WATEROUS at WATEROUS’ plant at South St. Paul, Minnesota, or at such other place as may be specified by WATEROUS, with transportation and other charges prepaid. A Returned Material Authorization (RMA) is required for all products and parts and may be requested by phone, fax, email, or mail. The aforesaid warranty excludes any responsibility or liability of WATEROUS for:
(a) damages or defects due to accident, abuse, misuse, abnormal operating conditions, negligence, accidental causes, use in non-firefighting applications, or improper maintenance, or attributable to written specifications or instructions furnished by Buyer; (b) defects in products manufactured by others and furnished by WATEROUS hereunder, it being understood and agreed by the parties that the only warranty provided for such products shall be the warranty provided by the manufacturer thereof which, if assignable, WATEROUS will assign to Buyer, if requested by Buyer;
(c) any product or part, altered, modified, serviced or repaired other than by WATEROUS, without its prior written consent; (d) the cost of dismantling, removing, transporting, storing, or insuring the defective product or part and the cost of reinstallation; and (e) normal wear items (packing, strainers, filters, light bulbs, anodes, intake screens, mechanical seals, etc.).

ALL OTHER WARRANTIES ARE EXCLUDED, WHETHER EXPRESS OR IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT, WHETHER AS A RESULT OF BREACH OF

CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, SHALL WATEROUS BE LIABLE FOR ANY PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR PERSONAL INJURY OR PROPERTY DAMAGES.

The exclusive remedy of Buyer and the sole liability of WATEROUS, whether based on contract, warranty, tort or any other basis of recovery whatsoever, is expressly limited at the election of WATEROUS to:
(a) the replacement at the agreed point of delivery of any product or part, which upon inspection by WATEROUS or its duly authorized representative, is found not to conform to the limited warranty set forth above, or (b) the repair of such product or part, or
(c) the refund or crediting to Buyer of the net sales price of the defective product or part.

BUYER’S REMEDIES CONTAINED HEREIN ARE EXCLUSIVE OF ANY OTHER REMEDY OTHERWISE AVAILABLE TO BUYER.

Page 477 of 519 ends

Warranty Begins:

Stainless steel piping shall be free from structural failures caused by defects in material and workmanship, or
perforation caused by corrosion.
(b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect, fire, exposure to severe environmental or chemical conditions, acidic environment, improper maintenance, accident, crash, or force majeure such as natural disaster, lightning, earthquake, windstorm, hail, flood, war or riot; (d) products or parts which may in the ordinary course wear out and have to be replaced during the warranty period, including, but not limited to, tires, fluids, gaskets and light bulbs. Pierce assumes no responsibility for the assembly of its parts or subassemblies into finishing products or vehicles unless the assembly is performed by Pierce.

Ten (10) Years
- or -
100,000 Miles
Warranty Period
Ends After:

Fire and Rescue Apparatus
Coverage:

Ten (10) Year Material and Workmanship
Stainless Steel Piping

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

THIS LIMITED WARRANTY MAY NOT BE ASSIGNED OR OTHERWISE

TRANSFERRED BY THE BUYER TO ANY SUBSEQUENT USER OR PURCHASER OR TO ANY OTHER PERSON OR ENTITY.

Pierce’s obligation under this warranty is limited to repairing or replacing without charge, as Pierce may elect, the
stainless steel piping or components which Pierce
determines to have failed due to defective material and workmanship, or perforation caused by corrosion.

This warranty does not cover the use of fluoroprotein (FP) type foam. The sodium chloride within FP foam can cause long-term damage to system components if not thoroughly flushed immediately after use.

Conditions and
Exclusions:

See Also
Paragraphs
2 thru 4

4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES.

Notwithstanding anything to the contrary herein or in any agreement between Pierce and Buyer, IN NO EVENT SHALL PIERCE BE LIABLE FOR ANY CONSEQUENTIAL,

INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER,

WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORY OF LAW

OR EQUITY, WITH RESPECT TO VEHICLES OR OTHER PRODUCTS SOLD BY

PIERCE, OR THEIR OPERATION OR FAILURE TO OPERATE, OR ANY DEFECTS

THEREIN, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO,

REGARDLESS OF WHETHER PIERCE HAS BEEN INFORMED OF THE
POSSIBILITY OF ANY SUCH DAMAGES. Without limiting the generality of the foregoing, Pierce specifically disclaims any liability for property or personal injury damages, penalties, damages for lost profits or revenues, loss of vehicles or products or any associated equipment, cost of substitute vehicles or products, down-time, delay damages, any other types of economic loss, or for any claims by any third party for any such damages.

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.

Page 478 of 519 ends

Fire and Rescue Apparatus
Coverage:

Twenty (20) Year Structural Integrity
Pierce Aerial Device
Limited Warranty Limited Warranty Limited Warranty Limited 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 DAMAGE S.

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.

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.

Page 479 of 519 ends

{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. Syst em 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, firs t 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 fo r its intended normal use of operation and subject to the following qualifications and limitations.

3. Any alteration of the Three Function Swivel without cons ent 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 dam ages 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.

Page 480 of 519 ends

{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__

Page 481 of 519 ends

{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 m andatory. 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 wa rrants 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 dam ages 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 re turns 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

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{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___

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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,

3. BUYER'S EXCLUSIVE REMEDY.

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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.

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| 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

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| 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).

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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.

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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,

3. BUYER'S EXCLUSIVE REMEDY.

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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,

3. BUYER'S EXCLUSIVE REMEDY.

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JROGHQVWDWHĆUHFRP

DEALER SUPPLIED

PRODUCTS SERVICES
Exhibit “D”
5 AND
/OR

Page 491 of 519 ends

1 PROPOSAL INTRDUCTION
With over three decades of industry expertise, Golden State Fire Apparatus, Inc. (GSFA) proudly stands as the premier authorized dealership for top-tier fire apparatus in Central and Northern California. Our steadfast commitment to detail and customer satisfaction has earned us a trusted reputation among first responders.

We sincerely appreciate the opportunity to present this comprehensive proposal for a PIERCE MANUFACTURING, INC. 107’ VELOCITY TRACTOR DRAWN AERIAL. Your consideration of this proposal is greatly valued, and we are eager for the opportunity to support your department with the highest level of excellence and professionalism.

DEALER-SUPPLIED PRODUCTS AND SERVICES
Golden State Fire Apparatus Inc. (GSFA) will furnish the following items and/or services before final delivery so that all necessary components and support are in place, contributing to an efficient final delivery process. Please refer to the detailed list below for a comprehensive overview of the products and/or services included:

AUTHORIZED MANUFACTURER
In accordance with the State of California Vehicle Code, specifically Section 11701, it is mandated that "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, as of the proposal submission, holds a valid license in compliance with this requirement and is prepared to furnish a copy upon request. This adherence to regulatory standards ensures that the manufacturer maintains a current and official status, promoting transparency and compliance with legal requirements throughout the duration of the proposal and subsequent processes.

AUTHORIZED DEALERSHIP
In compliance with the State of California Vehicle Code, specifically Section 11701, it is mandated that "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. possesses a valid license at the time of the bid, as detailed above, and can promptly provide a copy upon request. This adherence to regulatory standards ensures that the dealership maintains a current and official status, promoting transparency and compliance with legal requirements throughout the duration of the proposal and subsequent processes.

AUTHORIZED SALES REPRESENTATIVE
In accordance with the State of California Vehicle Code, specifically Section 11800, it is expressly prohibited for any individual to function as a vehicle salesperson without obtaining a license issued by the Department of Motor Vehicles (DMV). The representative, at the time of

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2 proposal, holds a valid vehicle salesperson's license and is ready to furnish a copy upon request.

This adherence to regulatory standards ensures that the sales representative maintains a current and official status, promoting transparency and compliance with legal requirements throughout the bidding process and subsequent phases.

VEHICLE REGISTRATION
In adherence to the State of California Vehicle Code Section 11739, it is mandated 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). Being a factory-authorized dealer of the vehicle being sold, Golden State Fire Apparatus, Inc. is duly authorized to register the vehicle with the State of California as a new vehicle manufacturer.

GSFA is committed to facilitating an excellent vehicle ownership experience for the customer.

As such, we will manage all necessary applications and complete all transfer papers, including the application for California Exempt "E" license plates. This approach ensures compliance with regulatory requirements and a hassle-free registration process for our valued customers.

WEEKLY PROGRESS PHOTOGRAPHS
GSFA is committed to ensuring transparency and comprehensive reporting throughout the construction process of the apparatus. To achieve this, GSFA will provide weekly photographs capturing various stages of the apparatus or major components under construction.

Commencing from the initiation of the manufacturing process, the photographic documentation will extend throughout the entire production phase by the manufacturer. These weekly reports will offer a visual representation of the ongoing progress of the appar atus, highlighting key milestones and showcasing unique features and aspects as construction unfolds.

Our focus is to provide customers with a clear and detailed insight into the evolution of the apparatus, fostering a deeper understanding of the craftsmanship and distinct elements incorporated during the construction process. This commitment to regular, visual updates aims to enhance communication and transparency regarding the progress of the apparatus.

CONTINGENCY RESERVE FUND
A Contingency Reserve Fund amounting to $20,000 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.

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3 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.

FIRE FIGHTING EQUIPMENT MOUNTING FUND
A Fire Fighting Equipment Mounting Fund amounting to $10,000 per unit is incorporated into the quotation and is specifically designated to cover the expenses associated with mounting of said equipment, adhering to the directives of the Customer.

In the event that the mounting costs surpass the stipulated allowance, any additional work required can be undertaken at the prevailing shop rate. Any unused portion of the Fire Fighting Equipment Mounting 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.

PRE-CONSTRUCTION, FACTORY VISIT
A pre-construction trip to the manufacturing facility is included for three (3) Customer representatives. The primary objective of review and finalize, in detail, the specifications prior to the start of production. The pre-construction trip is anticipated to span four (4) days and three (3) nights, with scheduling details collaboratively determined between GSFA and the Customer.

GSFA will cover the costs associated with airfare, lodging, meals, and ground transportation during the stay at the manufacturer's location. Air travel will be arranged from one of the following airports: Sacramento, San Francisco, or San Jose.

It is important to note that certain costs, including Customer ground transportation within California, airport parking, luggage fees, and incidental expenses during travel to the factory, fall within the responsibility of the Customer. Furthermore, flight reservations are non- refundable, and in the event of a cancellation post-booking, the Customer will bear all associated costs, encompassing not only the original ticket cost but also any change or cancellation fees levied by the airline and/or travel agency. Additionally, flight reservations are non-transferable. This delineation aims to establish clarity and transparency regarding the allocation of responsibilities and potential costs associated with the pre-construction trip.

FINAL INSPECTION, FACTORY VISIT
A final inspection trip to the manufacturing facility is included for four (4) Customer representatives. The primary objective of this visit is to ensure the adherence of the apparatus to specifications and promptly identify any potential deficiencies. The final inspection trip is

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4 anticipated to span four (4) days and three (3) nights, with scheduling details collaboratively determined between GSFA and the Customer.

DELIVERY TO AUTHORIZED SERVICE FACILITY
GSFA will deliver the apparatus to our Northern California facility located in Sacramento for a comprehensive dealer preparation inspection. This service, conducted at the expense of GSFA, aims to have the apparatus in optimal condition at the time of final delivery.

To ensure the proper break-in of all components while still under warranty, the apparatus will be delivered under its own power. The use of rail or truck freight for transportation is deemed unacceptable in order to uphold the highest standards of quality assurance during the delivery process. This approach not only aligns with warranty considerations but also emphasizes the commitment to delivering a fully operational apparatus to our valued customers.

PRE-DELIVERY SERVICE
Before reaching its final destination, the apparatus undergoes a pre-delivery service conducted by Golden State Emergency Vehicle Service, Inc. This service is designed to tap into the expertise of an external source, providing an experienced perspective that enhances the thoroughness of your final inspection. Our pre-delivery service covers the following areas:

1. Engine Compartment and Undercarriage:
• Inspect for broken mounting brackets.
• Inspect and identify locations of any fluid leaks.
• General inspection of hoses, wiring, and linkage, focusing on potential wear points. • Verify correct fluid capacities for engine oil, coolant, power steering fluid, washer reservoir fluid, transmission fluid, rear-end fluid, pump transmission oil, and primer oil if applicable.

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5 • Re-torque U-bolts to OEM specifications if equipped with leaf spring suspension (Pierce Custom chassis only).

2. Interior:
• Confirm proper operation of doors, windows, and locks, ensuring accurate adjustment.
• Confirm proper operation of seatbelt alarms.
• Confirm proper operation of all compartment door alarms, as well as hose bed cover, ladder rack, light tower, and deck gun alarms.
• Ensure functionality of auxiliary power points, interior lighting, mirror, and seat controls, and if applicable - headsets and radios.
• Inspect upholstery for quality and condition.

3. Exterior:
• Address reasonable paint scratches or chips.
• Tighten any loose hardware.
• Inspect tires and wheels, ensure proper pressure.
• Check compartment doors for proper operation and latch fit. • Lubricate compartment door locks if applicable.

4. Road Test:
• Conduct a road test with a full water tank (if applicable), covering approximately twenty miles on both city and highway roads.
• Perform a DOT compliant brake test to verify the system is holding air. • Inspect brake condition, wheel seals, and ensure drive train components reach optimal operating temperatures.
• Conduct an Allison Transmission self-diagnostic to verify fluid level, fluid and filter life, and check for fault codes.

5. Electrical:
• Verify the operation of all lights, sirens, and other electrical accessories.

6. Pump:
• Operate the Pressure Governor or Relief Valve, transfer valve, and check pump shift. • Inspect water tank, pump and plumbing for leaks and calibrate the water level gauge.
• Ensure smooth operation of all discharge, suction, and drain valves.

7. Pierce Husky™ Foam System:

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6 • If applicable, draft and inject clean water to ensure proper operation of the foam pump.

8. Fuel and DEF Tanks:
• Fill the fuel tank and DEF tank prior to final delivery.

9. Wash:
• Thoroughly wash the apparatus prior to final delivery.

This pre-delivery service assists the apparatus to meet our high standards of quality and operational efficiency before reaching its final destination.

FINAL DELIVERY (CUSTOMER LOCATION)
GSFA will deliver the completed Product, inclusive of any relevant equipment, spare parts, and supplies, to the Customer's specified address at GSFA's expense.

In preparation for the Product's delivery, the Customer is required to furnish GSFA with proof of liability and physical damage insurance. GSFA will withhold the release of the Product until such proof of insurance is provided.

To ensure a timely delivery process, it is incumbent upon the Customer to settle any outstanding balance owed to GSFA before or at the time the Product is completed and ready for delivery. In the event of delayed payment or delivery, GSFA reserves the right to impose a late fee and daily storage charge as outlined in the Standard Terms and Conditions until payment is received.

For compliance with insurance liability considerations, the Product will only be delivered upon full acceptance and full payment, or through a prior written agreement mutually reached between the Customer and GSFA. This ensures a secure and efficient finalization of the delivery process, aligning with both parties' obligations and safeguarding against potential liabilities.

COMPREHENSIVE SALES AND SERVICE SUPPORT
At GSFA, we understand that immediate response is essential - and the service and support of your apparatus should be no different. Since our founding in 1989, our mission has been to provide first responders with the highest quality, most reliable fire and emergency apparatus from top-tier manufacturers. We specialize in guiding our customers through the entire process - from apparatus evaluation and customization to final inspection - and ensuring years of reliable service through our Golden State Emergency Vehicle Service (GSEVS) division.

Golden State Emergency Vehicle Service (GSEVS)
Established in 2014, GSEVS is committed to building long-term, collaborative relationships by providing exceptional warranty and technical support. Our services cover a wide range of needs, including chassis,

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7 electrical systems, pump, aerial, routine maintenance, equipment mounting, and pump testing - with priority given to new units sold by GSFA. Our goal is to deliver prompt, professional service and unwavering support for your apparatus.

Sacramento Facility
Our Sacramento location features a 33,814-square-foot facility with 14 working bays and a 4,500- square-foot, two-story parts distribution department. Conveniently located near Highway 99 with easy access to Interstates 80 and 50, we are positioned to serve you efficiently.

Tracy Facility (Opening Spring 2026)
Our second location in Tracy will expand our service capacity with a 49,634-square-foot facility featuring 21 working bays and a parts department equal in size to our Sacramento facility. Strategically located within the "Tracy Triangle" - bordered by I-580, I-205, and I-5 - this facility will enhance our ability to serve customers in the Bay Area and beyond.

Certified and Experienced Technicians
Our service team includes factory-trained professionals certified by Pierce, ASE, and EVT. They undergo regular training to stay current on chassis, electrical systems, and aerial devices, ensuring expert handling of any challenge. Whether it's routine maintenance or complex diagnostics, you can count on expert care and precision with every visit.

Parts
At Golden State, we’re dedicated to keeping your apparatus fully operational and mission-ready. That’s why we maintain a robust inventory of both Pierce and non-Pierce parts—ready for immediate deployment when you need them most. If a part isn’t in stock, we expedite orders directly from the manufacturer to minimize downtime and get your unit back in service without delay.

To make the process even more efficient, our digital Parts Request Portal offers a streamlined, user- friendly experience. It provides 24/7 access to submit requests, monitor order status, and communicate directly with our team—ensuring transparent updates and quicker turnaround times every step of the way.

Mobile Service
To minimize emergency apparatus downtime, we offer a robust mobile service program for on-site repairs and maintenance.

Pre-Delivery Inspection (PDI) Process
We employ a dedicated team of Pre-Delivery Inspection (PDI) technicians solely focused on ensuring your apparatus arrives in peak condition. Before your new custom unit is delivered, it undergoes a thorough, multi-point inspection to verify quality, performance, and compliance with all specifications.

Our team handles every detail of the acceptance and delivery process—so you can take ownership with complete confidence and peace of mind.

Your Single Source for Sales and Service
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8 of expertise, customer service, and product support is unmatched by any other fire and emergency apparatus dealership in California.

END OF EXHIBIT “D”

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City Council Staff Report
March 24, 2026

From: Gary Hampton, Interim City Manager
Isaac Moreno, Finance Director
Deputy Fire Chief Chris Jelinek
Prepared by: James Governale, Management Analyst
Agendized by: Gary Hampton, Interim City Manager

1. ACTION RECOMMENDED:

Motion: Allow the Agreement for Fire Administrative Services between the City of Modesto and the City of Turlock to expire on June 30, 2026 and direct staff to take the necessary steps to return to fully independent Fire Department administration OR
Motion: Direct staff to negotiate a new Fire Administrative Services Agreement with the City of Modesto and direct staff to return to the City Council with a proposed agreement for consideration

2. NARRATIVE:

Background and History - Fire Administrative Services Contract Like many municipalities, the City of Turlock has long maintained a Fire Department organized under the leadership of a Fire Chief pursuant to Turlock Municipal Code Chapter 2-3, “Fire Department.” For decades, the City operated under this traditional model of local administration.

Following a vacancy in the permanent Fire Chief position for over two years, at the December 14, 2021 City Council meeting, City staff and the City Council evaluated options to ensure continued, stable fire protection services for the residents and visitors of Turlock. One option was the concept of participating in a regional administrative services model with local partners. The City of Modesto, along with agencies such as the City of Oakdale, Oakdale Fire Protection District, the City of Ceres, and Stanislaus Consolidated Fire Protection District, had implemented a unique partnership involving a shared administrative structure designed to increase efficiency, reduce duplicative administrative efforts, and enhance service coordination across jurisdictions.

The benefits to a regional partnership led to the City Council approving a Fire Administrative Services Agreement with the City of Modesto on January 25, 2022. The agreement established a shared services structure under which the City of Modesto provides Fire Chief oversight and executive-level administrative support to the Turlock Fire Department. The agreement term runs from February 15, 2022 through June 30, 2026. An optional extension required approval by the governing bodies of both cities by June 30, 2025. Because negotiations regarding potential amendments continued beyond the extension deadline, that approval did not occur, and the agreement is therefore scheduled to conclude on June 30, 2026.

On January 27, 2026, a proposed motion was agendized that, if approved by Council, would have allowed the agreement to naturally conclude on June 30, 2026 and directed staff to

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Agenda Staff Report
3/24/2026

begin the recruitment process for the Fire Chief position. The item was pulled from consideration, and no formal action was taken. As a result, the agreement remains in effect through June 30, 2026, unless amended by mutual agreement of both parties.

Since implementation, the Turlock Fire Department has operated within an integrated regional administrative framework. Under this model, Fire Chief oversight and certain executive-level administrative functions are shared regionally. The integrated structure supports coordinated training, prevention services, fleet management, and strategic planning efforts. It also provides expanded depth of response resources across participating jurisdictions, strengthening emergency preparedness and overall operational capacity.

Operationally, the system functions as a single integrated response network, with 24 fire engines, four ladder trucks, five battalion chiefs, an EMS Captain, and a fire investigator working from common dispatch run cards and standardized fireground procedures. This approach enables deployment of an effective firefighting force consistent with NFPA guidance and the Turlock Citygate Standards of Response Coverage study, while also providing the ability to backfill Turlock fire stations during extended incidents such as structure or wildland fires. Additionally, since December 2024, the Modesto Fire Department has provided Fire Investigation Unit (FIU) services to the City of Turlock without additional charge, and beginning in September 2025 expanded administrative support to include EMS oversight and Fire Marshal services.

Over time, real concerns have been raised regarding the operation of the model, including perceptions related to local control, communication clarity between agencies, cultural alignment, the degree of local oversight within the shared administrative structure, and the impact on the Turlock Fire Department’s organizational identity. Turlock Firefighters Local 2434, the bargaining unit representing the City’s firefighters, has also expressed concerns under the current structure.

With the agreement approaching expiration, the Council must determine the long-term governance structure for fire services in Turlock. This decision will determine whether the City continues a regional administrative model or returns to a traditional locally administered fire department structure.

As the City evaluates future governance options, the Fire Administration has identified several organizational priorities intended to guide service delivery and operational improvements over the coming years. The department’s current priorities include stabilizing the workforce and organizational structure, enhancing operational capability through the addition of a ladder company, modernizing infrastructure through relocation of Fire Station 34, and elevating medical service delivery through implementation of Advanced Life Support (ALS). These priorities are consistent with the recommendations of the Citygate Standards of Cover study and reflect widely recognized fire service best practices, directly strengthening emergency response capability and service value to the City of Turlock.

Background and History - Fire Department Fleet Maintenance Contract In February 2023, the City Council approved a Memorandum of Understanding (MOU) for fire apparatus fleet maintenance services between the City of Modesto and the City of Turlock. At the time, the agreement was presented as a cost-efficient and regionally aligned approach to ensure preventative maintenance, safety inspections, and specialized repairs for Turlock’s fire engines. Since that time, the City of Turlock’s Fleet Division has achieved

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Agenda Staff Report
3/24/2026

full staffing, hired a Fleet Services Manager to oversee the division, and maintains certified technicians with the expertise necessary to perform preventative maintenance, inspections, and major apparatus repairs in-house. The MOU provides fleet repair surge capacity during high-impact service periods and access to mechanics specifically trained in fire apparatus maintenance and repair.

This short-term arrangement has been of great benefit to the City of Turlock over the last three years, and there is now opportunity to look at any potential cost savings associated with terminating the MOU and entrusting those services to the City of Turlock's Fleet Services Division of our Municipal Services Department. While this issue is not directly tied to the administrative function the City of Modesto has provided since 2022, it is related in that it involves a service Modesto has provided to Turlock in support of the Fire Department, and staff believes it is appropriate to include in this report.

Feasible Options
Staff is not recommending a specific option at this time and is seeking Council direction.

There are numerous scenarios to consider, and Staff believe that the two options proposed with this staff report must each be considered first, following more detail and more options that will follow at a future meeting, if applicable. All options that staff propose are believed to be feasible and implementable for the City, capable of maintaining high-quality fire service delivery to the residents and visitors of Turlock.

Option 1 – Return to Fully Independent Fire Department Administration Transition to a fully independent administrative structure, including recruitment of a permanent Fire Chief. Staff would also take the opportunity to evaluate the fiscal impact associated with terminating the MOU with the City of Modesto for Fleet Maintenance Services. This option maximizes local control, accountability, and department identity. It may require expanded in-house administrative capacity and may increase personnel and related costs.

Option 2 – Direct Staff to negotiate and propose a New Administrative Services Agreement between the City of Turlock and the City of Modesto Under this option, the City could negotiate a revised administrative services agreement with the City of Modesto that would continue Fire Chief oversight while allowing for additional administrative support positions, which could include roles such as a Deputy Fire Marshal or EMS administrative support depending on the final terms of the agreement. A new agreement could include clarified performance expectations, improved reporting requirements, enhanced governance safeguards, and a longer term, potentially up to five years. This option maintains regional integration with partner agencies while minimizing operational disruption. A sample agreement is attached for illustrative purposes only and is intended to provide the Council with a general framework of what a future agreement could resemble if negotiations are directed.

Conclusion
To ensure continuity and maintain a high level of professional fire service delivery, timely direction from the Council is necessary. Both options outlined above present distinct advantages and considerations. Either option, if properly implemented, is capable of providing fire services that meet or exceed community expectations.

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Agenda Staff Report
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Staff respectfully seeks Council feedback and direction on the preferred governance structure and will return promptly with proposed actions consistent with that direction.

3. FISCAL IMPACT / BUDGET AMENDMENT:

The fiscal impact associated with the options presented in this report will vary depending on the governance structure selected by the City Council.

A detailed financial comparison of multiple administrative service configurations has been prepared and is included as Attachment A – Financial Analysis to this staff report. The analysis evaluates several potential staffing structures under a continued administrative services model, including combinations of positions such as Deputy Chief, Deputy Fire Marshal, and Emergency Medical Services administrative oversight. These scenarios illustrate the potential cost differences between contracting for administrative services and maintaining comparable positions within the City’s organizational structure.

Depending on the configuration evaluated, the financial analysis demonstrates that certain administrative service arrangements may produce cost savings compared to maintaining comparable in-house positions, while other configurations may result in additional costs.

Several scenarios in Attachment A include positions that were considered during earlier negotiations but may not be included in any future agreement. The analysis is intended to illustrate potential cost ranges to assist in deciding how to proceed.

Because this report seeks policy direction rather than approval of a specific agreement, the precise fiscal impact will depend on the option ultimately selected by the City Council and the terms of any future administrative services agreement. Staff will return to the Council with finalized cost projections and any necessary budget adjustments once direction has been provided.

4. ENVIRONMENTAL DETERMINATION:

This action is not subject to the provisions of the California Environmental Quality Act (CEQA) in accordance with Section 15378(b)(5) of the CEQA guidelines. This action consists of “organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment” and therefore is not considered a project.

5. ALTERNATIVES:

Council may provide alternative direction to staff.

6. ATTACHMENTS:

1. Financial Analysis

2. Sample Agreement with City of Modesto

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Modesto Fire Contract Extension Estimated Cost Analysis Scenario 1 - Deputy Chief
Modesto Modesto
Deputy Chief 75% 357,705.99 Deputy Chief 75% 392,523.01 Admin Fee 50,000.00 Admin Fee 50,000.00 407,705.99 442,523.01
Turlock Turlock
Chief 452,706.00 Chief 452,706.00
452,706.00 452,706.00
(Savings) / +Cost Increase (45,000.01) (Savings) / +Cost Increase (10,182.99) Scenario 2 - Deputy Chief and EMS
Modesto Modesto
Deputy Chief 75% 357,705.99 Deputy Chief 75% 392,522.96 EMS 13% 113,543.57 EMS 13% 119,865.56
Admin Fee 50,000.00 Admin Fee 50,000.00 521,249.56 562,388.52
Turlock Turlock
Chief 452,706.00 Chief 452,706.00

EMS - -
452,706.00 452,706.00
(Savings) / +Cost Increase 68,543.56 (Savings) / +Cost Increase 109,682.52 Scenario 3 - Deputy Chief and Deputy Fire Marshall
Modesto Modesto
Deputy Chief 75% 357,705.99 Deputy Chief 75% 392,522.96 Deputy Fire Marshal 75% 193,960.50 Deputy Fire Marshal 75% 204,912.32 Admin Fee 50,000.00 Admin Fee 50,000.00 601,666.49 647,435.28
Turlock Turlock
Chief 452,706.00 Chief 452,706.00
Fire Marshal (step 5) 302,286.00 Fire Marshal (step 5) 302,286.00 754,992.00 754,992.00
(Savings) / +Cost Increase (153,325.51) (Savings) / +Cost Increase (107,556.72) Year One (Fiscal Year 2026-2027) Year Two (Fiscal Year 2027-2028) Year One (Fiscal Year 2026-2027) Year Two (Fiscal Year 2027-2028) Year One (Fiscal Year 2026-2027) Year Two (Fiscal Year 2027-2028)

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Modesto Fire Contract Extension Estimated Cost Analysis Scenario 4 - Deputy Chief, Deputy Fire Marshall, and EMS Modesto Modesto
Deputy Chief 75% 357,705.99 Deputy Chief 75% 392,522.96 Deputy Fire Marshal 75% 193,960.50 Deputy Fire Marshal 75% 204,912.32 EMS 13% 113,543.57 EMS 13% 119,865.56
Admin Fee 50,000.00 Admin Fee 50,000.00 715,210.06 767,300.84
Turlock Turlock
Chief 452,706.00 Chief 452,706.00
Fire Marshal (step 5) 302,286.00 Fire Marshal (step 5) 302,286.00

EMS - EMS -
754,992.00 754,992.00
(Savings) / +Cost Increase (39,781.94) (Savings) / +Cost Increase 12,308.84 Year Six (Fiscal Year 2026-2027) Year Seven (Fiscal Year 2027-2028)

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AMENDED AND RESTATED

AGREEMENT TO PROVIDE FIRE ADMINISTRATIVE SERVICES BETWEEN

THE CITY OF MODESTO AND THE CITY OF TURLOCK

This A m e n d e d a n d R e s t a t e d Agreement for fire administrative services (“Agreement”) is made and entered into this __ day of ___________, 202_ (the “Effective Date”), by and between the City of Modesto ("City of Modesto"), a California municipal corporation and the City of Turlock (“ City of Turlock”), a California municipal corporation, collectively referred to as the “Parties” in this Agreement.

RECITALS

WHEREAS, both City of Modesto and City of Turlock provides fire protection, prevention, suppression services, and related services such as emergency medical services, emergency preparedness, mitigation of hazardous materials incidents, and special operations including, but not limited to, confined space rescue, technical rescue, and water rescue (“Fire Services”), in addition to administrative services, including, but not limited to, payroll, human resources, budgeting, data analysis and overall department oversight within the territorial limits of the cities of Modesto and Turlock; and
WHEREAS, the City of Modesto and the City of Turlock entered into that certain agreement for the provision of fire administrative services dated February 8, 2022 (“Original Agreement”); and

WHEREAS, City of Turlock desires to continue to contract with City of Modesto for the provision of fire administrative services for the Turlock Fire Department (“Turlock Fire”), within the City and Turlock jurisdictional boundaries (“Fire Administrative Services”), with some amendments; and

WHEREAS, City of Modesto is willing, able, and possesses the capacity to continue to perform the Fire Administrative Services; and

WHEREAS, the Parties desire to enter into a fruitful and long-term partnership for the provision of the Fire Administrative Services; and

WHEREAS, the Parties agree that this Agreement will ensure the provision of continued Fire Administrative Services; and

WHEREAS, it is the desire of the Parties to address, by this Agreement, all matters which are related to the Fire Administrative Services to be provided to Turlock Fire by City of Modesto; and
WHEREAS, this Agreement shall replace and supersede the Original Agreement in its entirety; and

WHEREAS, this Agreement is entered into pursuant to Government Code sections 54981 and 6502; and

WHEREAS, the Parties acknowledge they have complied with the provisions of the Meyers Milias-Brown Act (Gov. Code §§ 3500 et seq.) and applicable laws, rules, and ordinances

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with respect to its employees affected by this Agreement.

NOW, THEREFORE, for and in consideration of the mutual covenants in this Agreement, it is agreed by and between the Parties hereto as follows:

ARTICLE I

DEFINITIONS

1.1 Fire Administrative Services. “Fire Administrative Services” means those services described in Article III of this Agreement.

1.2 Fiscal Year. “Fiscal Year” means the annual period commencing on July 1 and ending June 30 of any calendar year.

ARTICLE II TERM OF

AGREEMENT

2.1. Initial Term. The initial term of this Agreement shall be for ______ years, from __________________, to ____________________.

2.2. Extension of Term. This Agreement may, by approval of the Parties and their governing bodies, be extended for one (1) additional _________ (__) year term. The term of the extension shall be for ______ years, from ______________ to ________________.

2.3. Termination. Notwithstanding Sections 2.1 and 2.2 and any other provision of this Agreement, either Party may terminate this Agreement by providing twelve (12) months' written notification to the other Party, and the term of this Agreement or any extension thereof shall be shortened accordingly. Written notification of termination shall be in the form of a Resolution by the applicable Party’s governing body. The twelve (12) months’ written notification requirement shall not be triggered until such Resolution is tendered, delivered, or mailed to the other Party. Notwithstanding the foregoing, the City of Modesto may terminate this Agreement pursuant to Section 5.2 of this Agreement.

ARTICLE III

DUTIES OF CITY UNDER THIS

AGREEMENT

3.1 Scope of Services. City of Modesto shall provide Fire Administrative Services for Turlock Fire, as more specifically described in this Article, within the jurisdictional area of City of Turlock. In providing such services, City of Modesto shall oversee the provisions of Turlock Municipal Code Title 4 Chapter 4-3 entitled “Fire Codes and Administration” (“Turlock Fire Code”). Throughout the term of the Agreement and as reasonably needed or as requested by City of Turlock, City of Modesto shall consult with City of Turlock regarding City of Modesto's implementation of the provisions of this Agreement.

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3.2 Bi-Annual Review of Services. Unless otherwise waived by all the Parties, City of Modesto agrees to, and shall cooperate in, a bi-annual review of the expectations outlined in this Article, that shall take place at a mutually agreeable time between the Parties.

If areas of improvement are identified during this review, then a reasonable corrective action plan shall be mutually developed and agreed upon. Such corrective action shall be memorialized in a writing signed by all the Parties.

3.3 Advisory Committee. An Advisory Committee, consisting of Turlock City Manager, one representative from the Turlock City Council, and the City’s Fire Chief and Modesto City Manager, shall be formed to discuss and provide advisory input regarding the delivery of Fire Administrative Services for Turlock. The Advisory Committee shall agree to meet no less than twice per year at a mutually agreeable time and location.

3.4 Description of Fire Administrative Services to be provided by City of Modesto. The City of Modesto shall provide the fire administrative services listed in this Section 3.4 for Turlock Fire to maintain Fire Services for the City of Turlock. The City of Modesto shall:

A. Serve as the “Fire Chief” as defined in the Turlock Municipal Code=for Turlock Fire.

B. Oversee and administer Turlock Fire operations including budget, training, personnel, facilities, and all other operations as directed by the Turlock City Council.

C. Represent Turlock Fire in public meetings with local, state, and federal officials as needed to enhance and improve the protection of life in City of Turlock.

D. Undertake Fire Services program planning and administration consistent with the terms and conditions of this Agreement.

E. Assist in the development and administration of annual Turlock Fire budgets.

F. Assist with emergency and disaster management within the Stanislaus County Emergency Operations Center as timely requested by the Turlock City Council.

G. Coordinate procurement of all routine operational supplies, services, and equipment as necessary to provide the Fire Services outlined in this Agreement.

H. Provide a Deputy Fire Marshal to coordinate and provide reasonable assistance to help ensure that fire safety inspections of all state-mandated occupancies are performed, enforcement of all applicable code related to fire prevention, and staff oversight within the City of Turlock. The Deputy Fire Marshal shall serve as the primary liaison for fire

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prevention matters and shall work collaboratively with Turlock staff to ensure consistent and effective delivery of fire prevention services in alignment with Turlock’s municipal code and development review processes.

I. Maintain sufficient, segregated records relating to provision of Fire Administrative Services to Turlock Fire, including, but not limited to response time data for all incident responses. At a minimum, such records shall be sufficient to meet any and all federal and state reporting obligations as they relate to the provision of Fire Services, including but not limited to annual audits, mutual aid, and reimbursement for disaster response, hazardous material response, or other incident responses. Such records, reports and response data shall be provided to Turlock Fire, City of Turlock or the Turlock City Council at their request.

J. Coordinate the planning, development, and delivery of fire prevention and safety education programs for schools, businesses, community associations, child-care providers, and other members of the community. Fire prevention and life safety programs will be tailored to educate Turlock residents and business community to help preserve life and property.

K. Emergency Medical Services Oversight. Modesto shall provide enhanced administrative oversight and coordination of Emergency Medical Services (EMS) operations on behalf of Turlock. These responsibilities shall include, but are not limited to, assisting with EMS quality assurance and improvement programs, coordination with the County EMS Agency, support for EMS training and documentation systems, and providing administrative guidance on clinical operations and EMS policy development. Modesto shall assign personnel to ensure effective integration and compliance with local, state, and regional EMS standards and protocols.

3.5 Miscellaneous.

A. False Fire Alarms. City of Modesto will enforce the provisions of the Turlock Municipal Code providing for recovery of costs associated with responses to false fire alarms.

B. Hazardous Materials Releases. City of Modesto will enforce the provisions of the Turlock Municipal Code or Modesto Municipal Code providing for recovery of costs associated with responses to releases of hazardous materials.

ARTICLE IV

DUTIES OF CITY OF TURLOCK

4.1 Payment for Fire Administrative Services. City of Turlock shall compensate City of Modesto for the provision of Fire Administrative Services as further described in Article V of this Agreement.

4.2 Fire Prevention Staff. City of Turlock shall maintain Fire Prevention staff sufficient for continual operation. This staff shall include administrative support for scheduling, correspondence and billing, a Fire inspector(s) and plan review responsibilities.

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4.3 Vehicles. The City of Turlock will provide vehicles for and to be driven by both the Deputy Chief and Deputy Fire Marshal. The Deputy Chief shall be provided with a vehicle equipped with radios and code 3 capabilities. The Deputy Fire Marshal vehicle will be similar to the fire inspector. City of Modesto employees shall also be permitted to drive and operate fire apparatus belonging to the City of Turlock. Any maintenance, repair, wear and tear, or malfunction of the vehicles will be the sole financial responsibility of the City of Turlock.

4.4 Maintenance of Supplies. The City of Turlock will continue to provide consumable supplies relevant to Fire Prevention and public outreach or education. Workstations will also be provided for the Deputy Chief, Deputy Fire Marshal.

ARTICLE V

ANNUAL FIXED FEE FOR FIRE ADMINISTRATIVE

SERVICES

5.1 Annual Fixed Fee for Services. City of Turlock agrees to pay City of Modesto for all services provided pursuant to the terms and conditions of this Agreement in the amounts and times as set forth in Exhibit A and this Article.

A. The Fee Payment Schedule as set forth in Exhibit A is based upon the five (5) year budget projection describing the total reasonably anticipated costs of providing Fire Administrative Services for each Fiscal Year or portion thereof. Should the City of Modesto realize fiscal benefits through economies of scale if it contracts with additional agencies for fire administrative services, the fee for service paid by City of Turlock under this Agreement may be revised.

B. On the last day of each month throughout the duration of this Agreement, City of Turlock agrees to remit to City of Modesto payments amounting to 1/12th of the annual fiscal obligation hereunder, pursuant to the fee schedule set forth in Exhibit A.

City of Turlock is responsible to pay the full monthly amounts as each are required pursuant to Exhibit A.

C. The Fee Payment Schedule and amounts due under this Agreement shall be pro-rated based upon Agreement execution date.

5.2 Delinquent Payments. In the event that City of Turlock fails to pay the entire amount described in Section 5.1.B. above within fifteen (15) calendar days of the due date (“Delinquent Payment”), the amount due shall be subject to the City of Modesto’s policy regarding delinquent payments in effect at the time of the Delinquent Payment.

A. In the event that City of Turlock does not pay the required monthly payment as identified in Section 5.1.B. within thirty (30) calendar days of the due date, the City of Modesto shall provide notice that all Fire Administrative Services may be terminated in thirty (30) calendar days.

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B. In the event that City of Turlock does not pay the required monthly payment plus any penalty amounts assessed pursuant to City of Modesto policy at the end of the thirty (30) calendar day notification period give pursuant to Section 5.2.A, the City of Modesto shall have the option to terminate Fire Administrative Services immediately and without further notice.

5.3 Service Level Reductions. If budgetary constraints require service level reductions by any Party, all Parties agree to meet and confer.

ARTICLE VI

PERSONNEL

6.1 Hiring of Employees. At the time of execution of this Agreement, all current full -time Turlock Fire administrative staff will remain employed in their current positions with Turlock Fire.

ARTICLE VII

INDEMNIFICATION AND INSURANCE

7.1 Mutual Indemnification.

A. City of Modesto shall indemnify, defend and hold harmless City of Turlock (including their elected or appointed officials, employees, agents, volunteers, and attorneys as the same may be constituted now and from time to time hereafter) to the extent allowed by law and in proportion to City of Modesto’s fault, against any and all third-party liability for claims, demands, costs, or judgments (direct, indirect, incidental, or consequential) of any kind including those involving bodily injury, personal injury, death, property damage, or other costs and expenses (including reasonable attorneys' fees, costs and expenses) arising or resulting from the negligent acts or omissions of its own elected or appointed officers, agents, employees, volunteers, or representatives carried out pursuant to the obligations of this Agreement.

B. City of Turlock shall indemnify, defend and hold harmless the City of Modesto (including its elected or appointed officials, employees, agents, volunteers, and attorneys as the same may be constituted now and from time to time hereafter) to the extent allowed by law and in proportion to City of Turlock’s fault, against any and all third-party liability for claims, demands, costs, or judgments (direct, indirect, incidental, or consequential) of any kind including those involving bodily injury, personal injury, death, property damage, or other costs and expenses (including reasonable attorneys' fees, costs and expenses) arising or resulting from their negligent acts or omissions of their own elected or appointed officers, agents, employees, volunteers, or representatives carried out pursuant to the obligations of this Agreement.

7.2 Mutual Indemnification Obligations Survive Termination. As to activities occurring or being carried out in the performance of this Agreement and during the term of this

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Agreement, the obligations created by Agreement Section 7.1 shall survive termination of this Agreement.

7.3 Public Liability and Property Insurance.

A. Each Party shall maintain in effect, at its own cost and expense, the following insurance coverage provided either through a bona fide program of self- insurance, commercial insurance policies, or any combination thereof:

(i) Commercial general liability or public liability with minimum limits of $2,000,000 per occurrence and $4,000,000 in the aggregate.

(ii) Auto liability insurance including owned, leased, non-owned, and hired automobiles, with a combined single limit of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate.

(iii) Workers' Compensation in accordance with California Labor Code Section 3700 with a minimum of $1,000,000 per occurrence for employer's liability, for the duration of time that such workers are employed.

B. All insurance required by this Agreement shall:

(i) Be placed: (1) with companies admitted to transact insurance business in the State of California and with a current A.M. Best rating of no less than A:VI or with carriers with a current A.M. Best rating of no less than A: VII; or (2) disclosed self-insurance with limits acceptable to the other Party.

(ii) Provide that each Party's insurance is primary and non- contributing insurance to any insurance or self-insurance maintained by the other Party and that the insurance of the other Party shall not be called upon to contribute to a loss covered by a Party's insurance.

C. Each Party shall file certificates of insurance with the other Party evidencing that the required insurance is in effect.

7.4 Workers' Compensation.

A. City of Turlock shall provide the City of Modesto with an endorsement that its Workers’ Compensation insurer waives the right of subrogation against the City of Modesto, its officers, officials, employees, and volunteers for all claims on or after the Effective Date of this Agreement during the tenure of said Agreement.

ARTICLE VIII

MISCELLANEOUS

8.1 Amendments to Agreement. No part of this Agreement shall be altered or amended without the written agreement of the Parties.

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8.2 Assignment. The rights and obligations of the Parties under this Agreement are not assignable and shall not be delegated without the prior written approval of the Parties.

8.3 Dispute Resolution. The Parties recognize that this Agreement cannot represent a complete expression of all issues which may arise during the performance of the Agreement.

Accordingly, City of Modesto and City of Turlock agree to meet and confer in good faith over any issue not expressly described herein to the end that City of Turlock will obtain the best Fire Administrative Services possible under the most favorable economic terms and that City of Modesto will be fairly and adequately compensated for the services it provides hereunder.

It is the Parties' intention to avoid the cost of litigation and to resolve any issues that may arise amicably if possible. To that end, the Parties agree to meet within ten (10) business days of a request made by the other Party in writing to discuss the issues and attempt to resolve the dispute. If the dispute is not resolved after that meeting, the Parties agree to mediate the dispute within thirty (30) calendar days of the meeting or as soon thereafter as possible. The mediator will be chosen by mutual agreement of the Parties. The costs of mediation will be borne by the Parties equally. No Party may initiate litigation prior to the conclusion of mediation. In any action brought under this Agreement, the prevailing Party shall be entitled to recover its actual costs and attorney fees pursuant to California Civil Code Section 1717.

8.4 No Waiver. The waiver of any Party of any breach or violation of any provisions of this Agreement shall not be deemed to be a waiver of any breach or violation of any other provision nor of any subsequent breach or violation of the same or any other provision. The subsequent acceptance by either Party of any monies that become due hereunder shall not be deemed to be a waiver for any preexisting or concurrent breach or violation by the other Party of any provision of this Agreement.

8.5 Parties in Interest. Nothing in this Agreement, whether express or implied, is intended to confer any rights on any persons other than the Parties to it and their representatives, successors, and permitted assignees.

8.6 Interpretation. This Agreement shall be interpreted and construed reasonably and neither for nor against any Party, regardless of the degree to which any Party participated in its drafting. Each of the Parties has received the advice of legal counsel prior to signing this Agreement. Each Party acknowledges no other party or agent or attorney has made a promise, representation, or warranty whatsoever, express or implied, not contained herein concerning the subject matter herein to induce another party to execute this Agreement. The Parties agree no provision or provisions may be subject to any rules of construction based upon any Party being considered the Party “drafting” this Agreement.

When the context and construction so require, all words used in the singular herein shall be deemed to have been used in the plural, and the masculine shall include the feminine and neuter and vice versa. Whenever a reference is made herein to a particular provision of this Agreement, it means and includes all paragraphs, subparagraphs and subparts thereof, and, whenever a reference is made herein to a particular paragraph or subparagraph, it shall

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include all subparagraphs and subparts thereof.

8.7 Captions. The captions in this Agreement are for convenience and reference only and are not intended to be used in the construction of this Agreement nor to alter or affect any of its provisions.

8.8 References to Laws. All references in this Agreement to laws shall be understood to include such laws as they may be subsequently amended or re-codified, unless otherwise specifically provided.

8.9 References to Days. All references to days herein are to calendar days, including Saturdays, Sundays, and holidays, except as otherwise specifically provided. Unless otherwise required by a specific provision of this Agreement, time hereunder is to be computed excluding the first day and including the last day.

8.10 Time of Essence. Time is of the essence of this Agreement and of every part of this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.

8.11 Severability. If any non-material provision of this Agreement is for any reason deemed to be invalid and unenforceable, the invalidity or unenforceability of such provision shall not affect any of the remaining provisions of this Agreement, and such remaining provision shall be enforced as if such invalid or unenforceable provision had not been contained herein.

8.12 Choice of Law and Venue. This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be in that state and the venue shall be in Stanislaus County, California.

8.13 Entire Agreement. This Agreement represents the full and entire Agreement between the Parties regarding the matters covered herein.

8.14 Counterparts. This Agreement may be executed in counterparts each of which shall be considered an original.

8.15 Exhibits. The following Exhibits are attached hereto and incorporated as if fully set forth herein:

Exhibit A: Fee Payment Schedule (FY 2021-2022 – FY 2027-2028)

8.16 Notices. All notices required or permitted hereunder shall be deemed sufficiently given if delivered by hand, electronic mail, or by United States mail, postage prepaid, addressed to the Parties at the addresses set forth below or to such other address as may, from time to time, be designated in writing.

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To City of Turlock:

Gary Hampton
Turlock City Manager
156 S. Broadway, Ste. 230
Turlock, CA 95380

To City of Modesto:

Joseph Lopez
Modesto City Manager
1010 10th Street
Modesto, CA 95354

8.17 Joint Defense/Common Interest. In the event of a third-party challenge of any type to this Agreement, the Parties agree to jointly defend the validity and implementation of the Agreement.

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EXHIBIT A

FEE SCHEDULE

Original Agreement: February 1, 2022 to June 30, 2026
FY 21/22
(4.5
Months)
FY 22/23 FY 23/24 FY 24/25 FY 25/26
July $29,338.52 $31,272.87 $31,948.46 $32,643.83
August $29,338.52 $31,272.87 $31,948.46 $32,643.83
September $29,338.52 $31,272.87 $31,948.46 $63,837.25
October $29,338.52 $31,272.87 $31,948.46 $63,837.25
November $29,338.52 $31,272.87 $31,948.46 $63,837.25
December $29,338.52 $31,272.87 $31,948.46 $63,837.25
January $29,338.52 $31,272.87 $31,948.46 $63,837.25
February $14,061.59 $29,338.52 $31,272.87 $31,948.46 $63,837.25 March $28,123.17 $29,338.52 $31,272.87 $31,948.46 $63,837.25 April $28,123.17 $29,338.52 $31,272.87 $31,948.46 $63,837.25 May $28,123.17 $29,338.52 $31,272.87 $31,948.46 $63,837.25 June $28,123.17 $29,338.52 $31,272.87 $31,948.46 $63,837.25 Total $126,554.27 $352,062.24 $375,274.44 $383,381.52 $638,272.51* *Fees for September 2025 to June 2026 are inclusive of services for EMS and a Deputy Fire Marshal

Extension of term: July 1, 2026 to June 30, 2031.

FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31
July $59,600.84 $63,941.76 $67,287.09 $70,811.29 $74,537.77 August $59,600.84 $63,941.76 $67,287.09 $70,811.29 $74,537.77 September $59,600.84 $63,941.76 $67,287.09 $70,811.29 $74,537.77 October $59,600.84 $63,941.76 $67,287.09 $70,811.29 $74,537.77 November $59,600.84 $63,941.76 $67,287.09 $70,811.29 $74,537.77 December $59,600.84 $63,941.76 $67,287.09 $70,811.29 $74,537.77 January $59,600.84 $63,941.76 $67,287.09 $70,811.29 $74,537.77 February $59,600.84 $63,941.76 $67,287.09 $70,811.29 $74,537.77 March $59,600.84 $63,941.76 $67,287.09 $70,811.29 $74,537.77 April $59,600.84 $63,941.76 $67,287.09 $70,811.29 $74,537.77 May $59,600.84 $63,941.76 $67,287.09 $70,811.29 $74,537.77 June $59,600.84 $63,941.76 $67,287.09 $70,811.29 $74,537.77 Total $715,210.06 $767,301.11 $807,445.08 $849,735.48 $894,453.24

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IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Amended and Restated Agreement in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. _____, adopted by the Council of the City of Modesto on the day of ________, and the City of Turlock has caused this Amended and Restated Agreement to be duly executed in duplicate as of the Effective Date.

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CITY OF MODESTO, CITY OF TURLOCK,
a municipal corporation a municipal corporation

BY: ______________________________ BY: ______________________________ Gary Hampton, City Manager

ATTEST: ATTEST:
(Seal)

BY: _______________________________ BY: ______________________________ DIANE NAYARES-PEREZ, City Clerk NICOLE FIEZ, City Clerk

APPROVED AS TO FORM: APPROVED AS TO FORM:

BY: _______________________________ BY: ______________________________ JOSE M. SANCHEZ, City Attorney GEORGE A. PETRULAKIS City Attorney

APPROVED AS TO FORM: Federal ID # _______________________

BY: _______________________________ Pursuant to Turlock Municipal Code Sections CHRISTINA D. ALGER 2-3-201 and 2-4-407(c), I hereby appoint Director of Human Resources (Risk) Kevin Wise as the Fire Chief of the Turlock Fire Department.

BY: ______________________________

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SUE BORREGO, City Manager

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Turlock City CouncilMarch 24, 2026

Turlock City Council
March 24, 2026