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Home My WebLink AboutAgenda Report - November 5, 1986 (116)CITY COUNCII+ MEETING NOVEMER 5, 1986 APPROVAL OF LEASE/ PURCHASE AGRFEMEJr FOR NEW STREET SWEEPER Council approved and authorized the City Manager and City Clerk to execute a five-year lease purchase agreement for a CC -20 1986 EMC High DLzp Street Sweeper. CITY OF LODI PUBLIC WORKS DEPARTMENT COUNCIL COMMUNICATION Pro ect Data TO: City Council Originally Budgeted: 1986/87 Budgeted Fund: 12 -Equip. Fund FROM: City Manager Amount Budgeted: $100,000 Total Aggregate Cost: $104,275 MEETING DATE: November 5, 1986 Overrun Fund: 12 -Equip. Fund SUBJECT: Approval of Lease/Purchase Agreement for New Street Sweeper RECOMMENDED ACTION: That the City Council approve and authorize the City Hager and City Clerk to execute a five-year lease purchase agreement for a 1986 FMC High Dump Street Sweeper. BACKGROUND INFORMATION: In the 1986/87 budget, a four-wheel high dump mechanical sweeper was approved for the Street Division at an estimated cost of $100,000. During the past year, vendors have demonstrated both the mechanical and air type sweepers. During these demonstrations, the Street Division and Equipment Maintenance personnel observed the sweepers for maneuverability, sight distance for driver, noise levels, maintenance costs, and easy access for equipment maintenance personnel to perform daily maintenance and major repairs. It should be noted that the street sweeper requires the greatest amount of maintenance of any piece of equipment. The air sweepers were eliminated because of noise levels, maneuverability, constant blockage of suction tubes by small branches, and not being available in a high lift dump. This elimination narrowed the field to only two models available with a high lift dump; the FMC 4000 and Mobil Athey AHL. These sweepers have some of the same basic features; however, it is felt the FMC is highly superior is the following areas: site distance; visibility and cab comfort for the driver; hydrostatic drive; the dirt hopper is 1.2 yards (27%) larger; automatic compensation for broom wear; easy access to motor, radiator, and component parts; and high maintenance chain and sprocket drives have been eliminated. See attached pictures and specifications on each model. The total aggregate cost is $104,275 with the first and last month payments ($1,737.91/month) due upon delivery. The Finance Department has determined that this lease purchase concept will save the City over $16,000 over a period of five years. Therefore, both the Finance and Public Works Departments recommend the lease purch � e of the FMC High Dump Street Sweeper. ac L. Ronsko b�bl c Works Director Attachments cc: Assistant Finance Director Street Superintendent APPROVED: FILE NO. THOMAS A. PETERSoI:, City Manager CSTSWEEP/TXTW.02M October 27, 1986 AFMC HIGH DUMP SWEEPER GENERAL SPECIFICATIONS Vanguard 4000 HOPPER - HIGH DUMP Hpight 10: 1264: mr:, Fresh art healer. defroster and pressuritet Turning radius 10' 0% mm) Automotive We tiff and telescoping steennj Litt capacity 12 000 IDs 1545 kgl' Single gutta broom whepr Multi adjustable sprang suspended seat Volumeln( 5 5 cubic yatd� (41 m) Sweep,n[ part, 91 12311 mm) with twin hydraulic shock absorbe't Dump posd,on Behind teat wheel, Width — travel 102 11591 mml Retractable seal WIN wide padded arm rfst, Dump height 114 128% mm} Double gt.tter broom and adjustable lumbar support Hydraulic lift Dual 4" 1101 mm) Swpepiag path 115' 1317`: mm) Windshield washer d,dmeter hydraulic cylinders raise hoopet W,dlh — travel 102 (2591mm) POWER UNIT — DIESEL ENGINE le dump position Litt and dump control Single !oggle switch CAB Innusu,ai P cylinder naturally asprrater. ,n cab forward ri6un! 'rimer povtion singly (),.placemen! 82 l (500 tuba tn(he>i `Re!er h lire and tiro tatmt; ;r niar.ua` operator Dust and wea!npr .eared all tee! Rmtc. tio"rpo.ver 160 HP at 2800 RPM rnmrrufhon Lntepai limb guart' btotertion Furl Diesel 35 gal n (131 l) capacay w,•r cab corner posts Cab noise level wider Cooling 39 qts (37 1' water capacih DIMENSIONS P5 dba Cooling recovery tysten- anbfreele ►.•.;ht empty one gutter broom Sound !cpptei,ston interior — padded protection to 34' 1 t 31° C) :5.125 lbs (6905 kgl msutatirr Ac ,ranee two stage dry type with sate:. Wright empt). two gullet broom, Rubber mounting between cab and frame element and service indicator 15,480 lbs (7020 kg) 3 738 square inches (14116 cm ) of gtass area Ort filter Full how ii%heel base 130" 13302 mmt Shdmg windows left and right lented salety Leng'?. .ero11 204" (5181 mm) glass TRACTION DRIVE Type . Hydrostats system with two speed differential lint drive Traction pump . Direct driven oft the engine. variable displacement Traction motor ... Variable displacement drive motor with automatic displacement control Range — direction control lever . . High — 0 je 50 mph 180 km/h) for travel Loa — 0 to 12 mph (19 km/h) for sweeping Neutra► —start a park Reverse — 0 to 4 mph 16 km/h► Automotive type foot pedal . . Infinitely variable sweeping and travel speeds BROOM AND ELEVATOR DRIVES Type . Hydraukc system powers all sweeping components at speeds selected by operator to lit sweepng conditions Independent of traction speeds or direction Drive pump direct driven oft the engine Drive motors .. Brooms and elevator driven b% individual high torque hydraulic drive motors Hydraulic controls .Toggle swatch in cab GUTTER BROOM Diameter ... 47" 11194 mm) Segments . Tut Grip disposable type 12 Segments with 26" (660 mm) steel wue Speeds Operator controlled variable speeds Drive .. High torque hydraulic motor Overload protection .. Hydraulic relief valve Impact projection Free floating vertically Automatic horizontal deflection on impact Lift ... Electnc/hydraulic Adjustments ... Simple in cab adjustments to down pressure PICKUP BROOM Type ... Tube broom with polypropylene filler Diameter ... 32" 1813 mm) Length of broom ... 58" (1473 mm) Speed ... Operator controlled variable speed Drive ... High toque hydraulic motor with relief valve overload protection Litt control ... Electric/hydrauac Adjustment ... Simple pressure adjustment with automatic wear compensation to maintain constant broom pattern Mechanical coning adjustment DIRT SHOES -ParatW arm suspension for uniform wear and light fit to brush bristles 1 i' 4 ` Form 1213FM 4000NDSO Copyright 1983 FMC Corporation i ELEVATOR SYSTEM Type Squeegee 7 bar Width 58" j1473 mm) Speed Operator controned. variable Reversible Controlled by operator Drive High torque hydraulic mOta Overload protection Hydraulic relief valve Elevator belts Positive giip rubber elevator belts 38 strand steel cable core fleiwue construction Bolt in, replaceable bottom plate WATER SPRAY SYSTEM Capacity 23S gallons (890 t Tank construction Corrosion proof polyethylene tank filler Stainless Steel 30 mesh scieY filter hose 15' (4510 mm( of 2 (63 5 mm) hose equipped +ban NST bronze coupling and hydrant Arenct' Spray bars Spray systrm ove 0104C broom and gutter brooms Controls . Variable flow valve and nater level tight located on operator console Water pump Belt driven centrifugal pump Water tank warranty Warranted for thi lite of the sweeper to the original owner agam•.t coll"O" or material detects STEERING — FRONT WHEEL Heavy duly power steering FRAME Lifetime. 13" a 3" (330 at 76 mm) high strength. steel "C' channel Name AXLES Front . 9.000 ID capacity Rear 19.500 Ib capacity Differential ratio . High — 6 51 tow — 9.05 1 WHEELS AND TIRES Wheels .. Two (2) front. 10 lug heavy duty disc type. Iwo (11 rear. 10 lug heavy duty disc type front lire . 7.50 a 10E 10 ply Rear lire . 120 at 20H 16 ply BRAKES Hydraulic power boosted Front .. 5" a 15" drum Rear 5" i 15" drum INSTRUMENTS Speedometer. Odometer fuel gaugt- walei temperature gauge and *air -ng vonmeter od Dressure gauge and warning boor^ pre.surr gnuKt." an %ire's•' >r lnr Indicator and ioA hydrauLi c-0 le.el Aarmng. ELECTRICAL SYSTEM Batteries Dual maintenance free batteries Cold cranking power $35 amps Cd 0° F each Alternator Heavycluty 60 amp No splice wiring Lights, Headlights — Two (21 ,tiled beam with high beam andicato, dual stop and tad lights gutter broom spotlights clearance lights Sell canc P4ng tuin signals wdh two wa% hazard Basher backup lights and reflectors — comply with current federal Safety Regulation standard, C rcurt breaktrprotecf.on Wiring includee for ail approve^ 00hons COLOR High visibrhty whilr Red accent sttipmg Glare resislant back malty rn,.r. '(j All (at, surtacel WARRANTY I. SWEEPER ... 6 monftn. 2. DIESEL ENGINE ...: year, 3. RUBBER ELEVATOR BELTS .. . Pro rata warrantia of 10 000 miles 116 000 sm) w 2 vear. Repta; ement belts carry the same warrant% 4. POLYETHYLENE WATER TANK .. . Warranted lot the life or tho sweeper ID the original Owner dgxnst Corrosion or material detects 5. TRACTION DRIVE COMPONENTS (Pump and motor) ... 2 years The manutactuler reserves the tight to make changes in the FMC Vanguard 4000 Ah4h in then opin.on well improve the sweeper or which may be required by government regulations FMC Corporation Sweeper Operation 1201 East learngton Street Pomona. CA 91769 I to Jor • .. �... MODELAAL "Pl-CIF 10 5-- 5 FM _Q�TWN' GENEFIAL SPECIFICATIONS VEHICLE HYDRAULIC SYSTEM Appre = watghl wit" One gutter broom 17.300 los i% 847 kg, Pump Variable d,sblacemer: parr^ :r De writ' t7 GP%1 t54 3 Lpm, Con 1011e� '!ow Appro■ weight Witt, two gutter brooms, - ,8.W0 lbs !8,165 kg. Pump Bell driven bower steetv:q _ Wheel base ............. I ......... , , .. _ . Overage length ............................ I ... , ......46 ........ 116" (29mint I.......... ....... 21.,6. (68W mm) POWER TRAIN Width outside gutter broom drive (retracted) ............ ... 7•-8" (2337 mm) DlirOd Dresll AIli30^ autOrnahC irsnsmrasion wilt' manual ringe aelett•� lir automatic ,r 4 torwa•e Speed► Oil to air ort cooler Sweeping Palm IoM 9~ broom) ..................... SwaeD+ Path (two 9uttet brooms) ....................... ... . 7,4" (2286 mm) .. 10'-0" (3048 mm) shrtung Rear A.* ..... Hel,:a, gears m 2-speed section HypJtd beve' gea,s Ratios 1264 t now range,1675 1 fh,gh ranger DirtrhaH gM ............................... .......... .. 8..6.• (2591 mint .oe. Tumxmq Rsaus. ................. 16'-0" (5486 mini sp .SOMPH1805 koh) Vehicle governed speed Aida COP801Y - Fra1t • - � .................. .. 9.000 to (3829 age STEERING Axle UIPSC ty - Rau ............. . ........ 19.000 to (8618 kg) Stee•!ng .. gulf time power with engine running. integral wrack ,,on and C - (PUTTER BROOM WHEELS T ......................... ............... 4 men, plastic 01SPOSable seg Type..... .... _Heave out, asc ype.. pefneter ...................... ............................. 42"(1066 mm) Bearings . Heavy duty tape•ec roue, Waring edge ......................... Steel dt$C to take wear upon curb contact Speed ............................................Conswdforward a reverse full TIRES (BIAS PLY) 20. PH flexiD•6ty ............................... Drive ............................................... Free tIf. a sideways oscillation Full hydraulic 6 reversible Tirest 50 . 6 • t: o,*t .. ........ 1000 .:0 - 12 PR - rea, Ad )ustrrent................................ Adjustment for tilt. pressure b wear LIN control ................. ...................................... Hyoraul,c BRAKES Proom nmatatef................................ ...........26" Wit* (680 mm) Service..... 4 wr.ee.^yorauhc !dustsyste-1 w,tr hydrauuc ass s: area ax, o PICKUPBROOM pe.... .... Intena expanding shoo, crwe . Diameter.................................. . ............... 36' (914 mm) Parking ........... Hand ope'a'ec on propeller shaft . 63 ,riches• 1406 1 C^ 1 Lenqm....................................................... s8" (1473 mm) ENGINE ACCESSORIES Replaceable. refillable broom materia) ....................... ;-. Core ............................... ........... _24 (880 mm) .. . ... 10" diametw (254 mmt full flow oil filter. mechanical gove•^c• navy duty dry efement air clean• w Sanely Control .............................................. ......... Hydraulic uh element a.10 precleanet ,n-lme lues, site• Drive ............................................... Mount,ng............................................ Speed Hydraulic motor .......... F,-IIfloating Constar) ELECTRICAL SYSTEM 12vO8h ahvegroundsyste_*,tt, a^!ry 775Aripscold ctan Ca 0 F group Oa[), egg ................ ............. ................ Bearings ............. .. Self au r,n t80Amp h r rating fdcateC m eng tie compartment Alt Orcu,ts biota Ccea � 9 ....... . .. ......... ............ . • • �' • • 9 0 by fuses Ail circuits activated by c r^slant duty soieno.0 sw,iGh e • rent DIRT CONVEYOR lights and emergency hasher -+ Tyype........................ ....... Squeegee vntn replaceable tubber edging Bonin. LIGHTING SYSTEM £� k4atenal lelevata bottom) Speed 2pieee abrasion ret-11-ant steel plates. Corn,~ ba•able forward a reverse 2 M-to Sealed beam heact.ghts. 2 c:^b,natior stLp 8 is, ghts 2 Ves,ance .,ghi :• .................................. Flexib/tity. ................. • • • • • . . • . 9 oscillation for large obrect passage Clusters (3 each) from 8 rear 2 a,ee ^earance ugnis front A rear a recl oris s,j •T. ugnts with emergency hastier spot g^t for each pane, broom 6 one for r < Drive - Forwaro three .............. ... Adjustment ..................2- Hydraulic motor Positive ash instrument light cab dome f'0 ^: sutdmhig Data up light Jtum,nafeC 'fie^se ............................................ ^? . UN control ..................................... _......?-way .... ............Hyorsulic plate, 2 reflectors on rear and 2 lir !ac ^ side Mgt' tram indicator Bearings ................... . ......... Anti-inctlor.. Sealed. seg aligning, re-lube CAB Elevator chain. Cons»nf radius chain i sprocket Steel Cham On rubber sprocket An steel suspenife0 at 4 pants to ria^e by ,solatior. mounts Double watt doors w an Elevator jam warning de.tce.. . ....................... ........esn mounted vertical eliding windows weather tea around door edges. DOT approveC islet ♦ 000, latches with pushbutton 8 key tock 2 speed electrrC wmasn eic wipers w,nosh.efd. . HOPPER { Capacity Vokpnatnt 4 34 c u yd (332 m') washer. fresh air nester a Oefrdster Freedman individual seat w seat lien 2 reg • . ew sun controls .. Hopes . . . . . . . Ifi and dump frotttrole . . . Hydraukc in Go mirrors mounted on hood Ione on eac^ side) visors. all vehicle in cab on clean or comer console, all oust gutter broom models have • dial sheeting w ^eels MaxImium ownp fletgtll-bottomof fhschargedoor 9.6" (206 mm) throttle peda,s. brake pedals Curr -- cator lights. &no text vi sent bell Tinted safety Maximum dump height -bottom ofhopper ................... tt•.2"(3403mm) glass throughout Minimum dump height - bottom of discharge door ............. 2'-10" 18((3 mm )) Maximum hopper dump angle ...... ... .. .. , 52• Time to reach maximum dump height and toll hopper ............. 20 seconds INSTRUMENTATION Fuel gauge, water temperature gauge oil pressure gauge voltmeter speecom,eter- Time to retract hopper and lower to working position odometer. tachometer. hour meter i from matttimum height ............. Design HR Capacity...................................... .............. .... 45 secunos 9.000 Ilia (4052 kg) HOOD S FENDERS Unitized, corrosion resistant. motaec b reinforced lib istist torwa•C 1,11mg TANTPRESSUREWATER SYST1ra1 Capacity 9 of tar* ................... .................. 3tOgallons(tt73U WSW till ........................... W-W (4.5m) *,IS" NST hydrant coupling PAINT ........... . Standard color. Dupont Dufw •one coat Pump ........................................ . Electric diaphragm type MISCELLANEOUS nozzles ...... Af roes hontandOver eat h broom and pickup broom Controls Independent Combination operator a maintenance manual and pain book ..... ........ . ........................valves FOW ............................ Non•torrotkie �� fins with mash screen WARRANTY Manhole in water tarts with zimiWe Coating ............ 20" it 56" for easy access Sweeper ............ ... 6 mos or 5000 miles 18000 km r, wh/Chever Occu rS nrst ENGINE Make it Di ciel Detroit Diesel MOOe14W7-7108 Elevator Chains a sprockets 24 mos of 12.000 miles t 19000 km) ... Type ..........................................Det ..... cylinder 500 CID (e 2l) IPro4Ufa Basis) Displacement...................................... .... . ..... NOTE To provide our customers with the !test possible equipment and otter the Bore................................................. ..... 25 (108 mm) ................ latest M product improvements. !nese specification► an sublett 10 mange wahout Stroke .......... .... 4 41 (112 mm) ......4 notice and without incurring FOSW401111y 10 unite previously s010 - Compression Rat*. Ratty ......... .... 1531 HorseDovref .......................................165 Torque (3i"me0RPM 350 FVfbs@ 3000 1200 RPM ....... ................. .................. Fiat and tank ranamin. ..... . ......................... Diesel• 40 caprins IISIL) SOLD & SERVICED BY: ��xaa•E��.� saIDIrANEW CO. 24701 CLAWITER ROAD HAYWARD. CA 94545 Jos) 783.171-1 ATHEY PRODUM CORPORATION P.O BOX 669 Raleigh, NC 27602 919-556-5171 a TWX•510-920-1650 November 12, 1986 THOMAS A. PETERSON City Manager ALICE M. REIMCHE City Cleric RONALD M. STEIN City Attorney FMC Corporation x sweeper Division k> 1201 E. Lexington Avenue Pcmom, CA 91766 Gentlemen: Enclosed please find the original and one copy of equipment rental agreement covering one FMC Vanguard Model 4000 High DLanp street Sweeper for a period of 60 months calwencing on the 1st day of December, 1986 to and including the 30th day of November, 1991 which was approved by the Lodi. City Council at its meeting of November 5, 1986. Please execute the subject agreements and return then to us at your earliest convenienoe. We will return a fully executed copy to you. Should you have any questions regarding this matter, please do not hesitate to call this office. Very truly yours, ALICE M. REDOX City Clerk Encls. 4 ?'low CITY COUNCIL M. RID. Mayor CITY OF L o D I EYED N MEOLSON M+Ya Pro Tempore CITY HALL, 221 WEST PINE STREET DAVID M. HINCHMAN CALL BOX 3006 JAMES W. PINKERTON, Ir. LODI. CALIFORNIA 95241-1910 t JOHN R. (Randy) SNIDER (209) 334-5634 November 12, 1986 THOMAS A. PETERSON City Manager ALICE M. REIMCHE City Cleric RONALD M. STEIN City Attorney FMC Corporation x sweeper Division k> 1201 E. Lexington Avenue Pcmom, CA 91766 Gentlemen: Enclosed please find the original and one copy of equipment rental agreement covering one FMC Vanguard Model 4000 High DLanp street Sweeper for a period of 60 months calwencing on the 1st day of December, 1986 to and including the 30th day of November, 1991 which was approved by the Lodi. City Council at its meeting of November 5, 1986. Please execute the subject agreements and return then to us at your earliest convenienoe. We will return a fully executed copy to you. Should you have any questions regarding this matter, please do not hesitate to call this office. Very truly yours, ALICE M. REDOX City Clerk Encls. FMC Corporation - Sweeper Division EQUIPMENT RENTAL AGREEMENT THIS AGREEMENT is made and entered Into this day of 19 _ _, by and between FMC Corporation - Sweeper Division with principal offices at 1201 East Lexington Avenue, Pomona, California 91766 ("LESSOR" h and CITY OF LOD1, CALIFORNIA a political subdivision organised and existing under and by virtue of the laws of the State of ("LESSEE"). PREAMBLE LESSEE represents that is has available funds which it may lawfully expend for the purpose hereinafter set forth; and LESSEE warrants that it is acting by authority of and in accordance with all applicable provisions of law in executing this agr.emeni; and LESSEE requires the use of certain FMC Equipment, described below. THEREFORE, THE PARTIES AGREE AS FOLLOWS: TERMS AND CONDITIONS 1. Lease. LESSOR leases to LESSEE, and LESSEE hires from LESSOR the following describcd equipment under the terms and conditions hereinafter stated, to wit: One FMC Vanguard Model 4000 High Dump Street Sweeper for a period of 60 Months commencing on the lst day of Doer 19 86 r. to and Including the 30th day of November ,1991 2 Rent LESSEE shad pay to LESSOR the hum of One Hundred Four Thousand Two Hundred Seventy Five and No/ 100[wiars (S -104, 275.00 ►, as the Aggregate Rental for the entire term of this Rental Agreement. The Aggregate Rental shall be payable in accordance with the attached Computation and Payout Schedule, Annex A, which is Incorporated by this reference. Rental payments shall be made to LESSOR at the times specified In Annex A and to the address set forth above or to such other address as LESSOR, from -time to time, may direct by -written notice to LESSEE. Any installment of rent, not -paid when due, shall bear Interest at the rate of either 1.5% per month, compounded monthly, or the legal maximum, whichever is less. Any delinquent amounts, Including interest, outstanding at the end of the term of this contract, will be cause for withholding the transfer of title in the equipment to LESSEE. 3 Inspection by LESSEE. LESSEE shall inspect the equipment upon delivery. Unless LESSEEgives written notice to the LESSOR within Ove business days after delivery of any defects or other basis for rejection, it shall be conclusively presumed that LESSEE has fully accepted said equipment, that the equipment is in full compliance with the terms of this agreement and that the equipment is in good condition and repair. 4. Inspection by LESSOR. LESSOR shall at all times during business -hours -have the right to enter any premises where the property may be located for purposes of Inspecting it= observing its use. LESSEE shall advise LESSOR of the exact location of any item leased, promptly on request, and shall give LESSOR Immediate notice of any attachment or other judicial process affecting all or any of the leased property. S. Taxes and Fees. LESSEE shall pay all taxes or assessments of any kind which may be levied upon or assessed against the leased equipment. and also any Federal, State, County, or Municipal sales, use, compensating, intangibles, gross Income, or like tax, however designated, which is levied or based upon the rental collection by LESSOR hereunder, or upon the rental transaction or upon the use of said equipment. but not including taxes payable upon net income of LESSOR. LESSEE hereby agrees to exonerate, indemnify and save LESSOR harmless from and against any and all cost or expense which may accrue to or be sustained by LESSOR on account of LESSEE's failure to make such payment. 6. Insurance. Throughout the term of this agreement, LESSEE, at its own expense, shall keep in force a polity or policies of insurance with respect to the leased equipment, against loss or damage by all risks of loss, including collision, in an amount not less than the full current replacement value therof, with loss, if any, payable to FMC (LESSOR), provided, however, that $500.00 deductible insurance against collision will be acceptable to LESSOR. LESSEE shall also provide Comprehensive General Liability Insurance with minimum limits of $1,500,000 combined single limit (bodily Injury and property damagc -vents). Such insurance shall include products liability and contractual liability (for assumed liabilities underArticle 16 "Loss and Damage" of this lease) coverages. LESSEE shall name FMC as an additional insured under said Insurance policy or policies, and shall Iumish FMC with a Certificate of Insurance which establishes that current coverage as referenced in this section are In force. Certificates are due on or before the date of delivery of said equipment, and should certificates not be made available, FMC may place such Insurance at LESSEE's expense. Certificates shall specify that cancellation or material change in policies will not occur unless thirty (30) days advance notice is provided FMC. Insurers used by LESSEE shall be subject to the review and approval of FMC. -1- -- 7. Condngenttee•LESSOR shall not %ble to LESSEE for any loss or damage suffered .ESSEE, directly orindirectly, asaresultof LESSOR's failure to perform or delay in performing, -any term orcondition of the agreement, when such fallura or delay is caused by fires, !ahor - - - troubles (including strikes and lockouts), riots, insurrections, failure of sources of supply, Government regulations, inability to obtain materials and supplies, interruption of or delay in transportation, war, accidents, acts of God, or other causes of like or different character bevond LESSOR's control. 8. Tale to Equipment, rifle to the leased equipment, and to all parts and appliances attached to It which were supplied by LESSOR, shall remain in LESSOR during the term of this agreement. LESSOR shall have a security interest in connection with this lease by virtue of LESSOR's ownership of the equipment leased hereunder. LESSEE shall not transfer, assign or hypothecate this rental agreement, nor sublet or transfer possession of the leased equipment, nor create or permit the creation of any lien, charge or encumbrance of any kind or character against It, without the prior written consent of LESSOR. Upon all rental payments having been made in full, it is agreed that title to said equipment shall transfer to LESSEE for the payment of a nominal purchase option of $1.00. 9. Indemnificatilon by LESSEE. LESSOR shall not be liable to LESSEE for loss, damage or injury to persons (Including death) or property occasioned by or growing out of the maintenance, operation, use or nonuse of the leased equipment, nor for damages of any kind or nature directly or indirectly sustained, or alleged to have been sustained, by LESSEE as a result of such maintenance, operation, use or nonuse.. LESSEE shall exonerate, indemnify and save LESSOR harmless from and against any and all liability, damage, loss, cost or expense of whatsoever character which may accrue to or be sustained by LESSOR on account of such loss, damage or Injury to LESSEE or to any third party. or on account of attachments. liens or claims levied upon or assessed against the leased equipment in any suit brought or claim made against LESSEE or anyone claiming through LESSEE. 20Assignment. LESSOR may assign this agreement and any and all sums payable hereunder without LESSEE's consent. The assignee of LESSOR shall not be liable forthe performance of any obligations, representations, orwarrants of LESSOR, but LESSOR shall not be excused from performance by assignment. 11. Nonappropristion of Fundi. If, at any time during the term of this agreement, the legislative body which appropriates funds for LESSEE's operations falls to appropriate funds to meet LESSEE's remaining obligations under this agreement and LESSEE is not then in °€ default in the performance of any of its obligations under this agreement, LESSEE shall have a tight of early termination on the first day of the first fiscal year for which funds are not appropriated, on LESSEVs satisfaction of the following conditions: 1) Thirty (30) days' prior written notice to LESSOR of Intent to terminate; 2) Payment of a termination fee equal to -10-% of the total Aggregate Rental; 3) Restoration of the leased equipment to the same condition as when received, less normal wear and tear, subject to LESSOR's confirmation by a mutual physical Inspection of the equipment at the time of return; 4) Certification of LESSEVs chief executive that 1) LESSEE has used its best efforts to obtain continued funding for the equipment, and 11) despite those efforts, no such funding Is or will become available within the next six months for either the leased or functionally similar equipment; and .a' 5) Return of the leased equipment to LESSOR in the manner in which LESSOR directs and surrender of all interest herein. On early termination under this provision, LESSEE and LESSOR shall be relieved of all further obligations and rights under this agreement and the agreement shall terminate. 12. Default. The occurrence of any of the following events shall, at the option of LESSOR, terminate this lease and LESSEE's right to possession of the property leased: (a) The nonpayment by LESSEE of any payment or other sums required hereunder to be paid by LESSEE; (b) The noncompliance by LESSEE with any other term, covenant, or condition of this lease which is not cured within 30 days after notice thereof from LESSOR; (c) Any affirmative act of insolvency by LESSEE, or the filing by LESSEE of any petition under any bankruptcy, reorganization, Insolvency, or moratorium law. or any law from the relief of, or relating to, debtors; (d) The filing against LESSEE of an involuntary petition under any bankruptcy statute or the appointment of a receiver or trustee to take possession of the property of LESSEE, unless such petition or appointment Is set aside or withdrawn or ceases to be in effect within 5 days of the date of the filing or appointment or (e) The subjection of any of LESSEE's property to any levy, seizure, assignment, application, or sale by or on behalf of any creditor or governmental agency. In the eventof any of the above. LESSEE's right to possession of the leased equipment shall terminate and LESSOR may without notice to or demand on- LESSEE. (a) Take possession of the leased equipment and lease the same or any part thereof for suzh periods, at such rentals and to such parties as LESSOR may elect. The proceeds of any such leases, after deducting all costs and expenses Incurred in connection with the recovery, repair, storage, and leasing of the equipment, shall be applied in satisfaction of LESSEE's rental and other obligations hereunder, LESSEE remaining responsible for any deficiency; or (b) Take possession of the leased equipment and sell all or any portion of it at public or private sale, with or without demand or notice of Intention to sell. The proceeds of any such sale, after deducting all costs and expenses incurred in connection with the recovery, repair, storage, and sale of the property, shall be applied In satisfaction of LESSEE's rental and other obligations h sreunder, and the balance, if any, shall be applied against the Aggregate Rental amount scheduled in Annex A. which is incorporated by this reference, of the equipment sold. LESSEE shall remain responsible for any obligations remaining unsatisfied after full application of the proceeds of sale, and for any difference between any balance of such proceeds remaining after satisfaction of LESSEE's obligations hereunder and the value of the property sold. All amounts remaining due shall be payable by LESSEE Immediately without demand. 13. Maintenance and Repair. 1. ;EE, at its own cost and expense, shall keep th sed equipment in good repair, condition, and working order, and shall furnish all parts required to keep it in good working order. LESSEt_ �nali not remove, alter, disfigure, or conceal any numbering, lettering, or insignia displayed on the leased property, and shall see that the equipment is not subjected to careless or needlessly rough usage. LESSEE shall perform all service and maintenance recommended by the manufacturer when and as scheduled. 14. Use. LESSEE will permit operation of the leased equipment only for normal street cleaning and only by qualified and competent operators in its employ. LESSEE shall not remove or permit the removal of the leased equipment from the jurisdiction in which LESSEE has its principal office. except as may be required to have the equipment serviced by FMC or FMC's designated dealer. 15. Alterations. LESSEE shall make no alteration whatsoever in the leased equipment without having obtained the prior written permission of LESSOR. All additions and improvements to the equipment shall immediately become the property of LESSOR, and shall be subject to the terms of this lease. 16. Loss and Damage. LESSEE hereby assumes all risk of loss of and damage to the leased equipment from any cause. No toss of or damage to the leased property shall impair any obligation of LESSEE under this lease, which shall continue in full force and effect. In the event of loss of or damage to the equipment, LESSEE shall, at the option of LESSOR: (a) Place the same in good repair; or (b) Replace the same with like equipment in good repair and acceptable to LESSOR, which equipment shall thereupon become the property of LESSOR and subject to this lease: or (c) Pay LESSOR therefore In cash the unpaid balance of the Aggregate Rental amount outstanding. On such payment, this lease shall terminate as to the equipment paid for, and LESSOR shall transfer title to that equipment to LESSEE. 17. Return of Leased Property, On expiration or prior tern Inatlon of this lease, except when LESSEE has an express right under this agreement to title to the leased equipment, LESSEE shall return I, is leased equipment to LESSOR In good repair, ordinary wear and tear attributable to proper use excepted; in one of the following manners as shall be specified by LESSOR: (a) By delivering the equipment at LESSEE's expense to such place as LESSOR shall specify within the jurisdiction which the same was delivered to LESSEE or to which the same was removed with the written consent of LESSOR: or (b) By loading the equipment at LESSEE's cost on board such caller as LESSOR shall specify and shipping the same, freight collect, to the destination designated by LESSOR; or 18. Purchase Option. LESSEE shall have the option to purchase the leased equipment. LESSEE may exercise this option ony time during the term of this agreement so long as LESSEE is not then in default of its obligations hereunder. LESSEE shall give LESSOR thirty days written notice of Intent to exercise its purchase option. On exercise of the purchase option and payment to LESSOR of the balance of the . contract amount, less interest rebate, if any, LESSOR shall transfer title to the leased equipment to LESSEE and this agreement shall terminate. 19. Warranty. LESSEE acknowledges that the leased equipment Is of a size, capacity, design and manufactLre which LESSEE has selected. LESSOR, as manufacturer of the leased equipment, warrants it only as specified in the express limited warranty provided with the equipment at time of manufacture. That warranty is exclusive and in lieu of 111 other warranties, whether oral or written, express or implied. NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICUL.tR PURPOSE OR USE SHALL APPLY. LESSOR in any case shall not be liable for special, incidental or consequential damages in connection with an action for breach of warranty, breach of contract, negligence or product liability. LESSEE's sole remedy In the event of I.ESSOR's breach of this contract or failure of the leased equipment to perform as expected shall be a refund of rental patd (less an amount equal to the reasonable value of the use which LESSEE had of the equipment) after return of the leased equipment. 20. Designated Dealer. FMC's authorized supporting dealer serving the territory where LESSEE is located is WESTERN TRACTION COMPANY, 1333 Atlantic Street, Union City, California 94587 21. Attorneys Fees. The prevailing party in any action relating to this -lease shall be entitled to recover reasonable attorney's fees and costs from the other party. 22. Entire Contract. This Equipment Rental Agreement constitutes the entire agreement between the parties and supercwdes all prior proposals and representations, whetheroral or written. No amendment to this contract shall bind either party unless in writing and signed by an authorized representative of each. IN WITNESS THEREOF, the parties hereto have caused this agreement to be duly executed in duplicate, as of the day and year first above written. LESSOR: FMC CORPORATION LESSEE: City. of Lodi SWEEPER DIVISION 221 West Pine Street 1201 E. Lexington Avenue Address: Pomona, CA 91766 By: Title: APPROVED AS TO FORM AND CONTENT of .o,,,,c.o,tt By: Thanas A. Peterson Title: City INanageer estr a cj•,e Alice M. Reim `C'1 Clerk •j ANNEX A Equipment rental agreement — Page x of x Computation and Payout Schedule TOTAL CASH PRICE $ 86, 000.00 Interest @ 4.25 % for 60 18,275.00 Months $104,275.00 s. Aggregate Rental Cost — PAYMENT SCHEDULE 59 payments of $ 1, 737.91 each - S 102 , 5 36.69 1 payments of S _ 1,738-31 each — _ 1, 738.31 payments of $ each — payments of $ each — payments of $ each — _ Aggregate Rental Cost $ 104,275-00 Payments due dates are as follows: First and last payments totaling 53,476.22 Due upon delivery. Consecutive monthly payments of $1,737.91 due each month at anniversary date rt of contract. EARLY PAYOUT SCHEDULE The sum of the digits method Is used to calculate interest refund for early payouts. Examples for this contract is as follows: U paid out during the 382,452-50month outstanding, the balance due is subject to an Interest refund of $ .3 If paid out during the 6 month outstanding, the balance die is subject to an interest refund of $ 78 8 4.86 If paid out during the 12 month outstanding, the balance due is subject to an interest refund of $ 71, 383.57 Pomona Credit Department can quote early payout figure at any time during the course of the rental, based on the above schedule