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R08-065 II , 1 RESOLUTION NO. R 08- O~5' I 2 3 A RESOLUTION OF THE CITY COMMISSION F 4 THE CITY OF BOYNTON BEACH, FL DA, 5 APPROVING THE AWARD OF A THRE YEAR 6 '''' LEASE (BID NO. 089-2110-08/CJD) FOR S EN NEW , '\ AND UNUSED VUE VEHICLES TO ATURN OF 7 8 WEST PALM BEACH, IN THE AN AL AMOUNT 9 OF $28,439.00; AUTHORIZING E MAYOR TO 10 EXECUTE SAID CONTRACT; D PROVIDING AN 11 FFECTIVE DATE. 12 , 13 WHERE~ , On May 7, 2008, Pro rement Services received and opened three 14 (3) proposals for the Ie e of seven (7) v icles; and 15 . ed that Saturn of West Palm Beach was the lowest, 16 er who met and exceeded all specifications. 17 IT RESOLVED BY THE CITY COMMISSION , 18 OF THE CITY OF B YNTON BE CH, FLORIDA, THAT: reas" clauses are hereby ratified and confirmed 20 d correct and are hereby m e a specific part of this Resolution upon 21 adoption. 22 The City Commission of the of Boynton Beach, Florida, 23 here y approves the award of a three year lease of seven ( 24 t e Police Department by the Citizens on Patrol (C.O.P.) gro in the annual amount of 25 $28,439.00, subject to budget appropriations, and authorizes the M or to execute a Lease 2fj Agreement between the parties, a sample copy of which is attached here as Exhibit "A". I )27 Section 3. That this Resolution shall become effective immediate . 28 S:\CA\RESO\Agreements\Bid Awards\Bid Award - Seven Vue Vehicles - 2008.doc II I 1 PASSED AND ADOPTED THIS ~ day of June, 2008. 2 3 4 5" 6 ',,- " 7 8 9 10 11 12 - 13 14 15 16 ATTEST: 17 18 19 20 21 ~! (Corporate s~ 27 28 i / " S\CA\RESO\Agreements\Bid Awards\Bid Award - Seven Vue Vehicles - 2008 doc GMAC SmartBuy"1l Rider FI NANCIAL SERVICES GMAC Flexible Finance Plan Dealer Number New or Used Year Description of Property Mileage on Odometer BUYER'S LAST PAYMENT OPTIONS This SmartBuySM Plan above ("Contract") dated , between (Mo,) (Creditor), C.f C,)~ _ (Buyer) and (Co-Buyer). All references to "this Contract" Meaning of Words. Unless this Rider says ot rwise, all words used in this Rider and the r t of this Contract have the same meaning. In this Rider, the words "you" and "your" refer to the yer and Co-Buyer, if any. The words "we "us," and "our" refer to the Creditor named above and any assignee of the Creditor. Last Payment. THIS CONTRACT IS NO NTS OF EaUAL AMOUNTS. AN INSTALMENT OF $ Ii 9/05 , (Mo,) (Day) (Yr.) if you make every payment on the date it is due and the A ual Percentag Rate does not change. As your Contract explains, the amount of the payment due at the end of the Contract term may be m e or less th the amount of the last payment shown in the Payment Schedule. You may meet your obligation to pay the payment due at the e of the C ntract term by choosing one of the following options: 1. You may pay the payment due at the end of the Contract term nits ue date; or 2. You may, if you have met each of the conditions in the paragrap elow entitled "Your Option to Sell": a. sell the vehicle to the Creditor and have the Sale Price applie t the payment due at the end of the Contract term; and, b. pay the Creditor any excess of the payment due at the end f the ntract term over the Sale Price. Your Option to Sell. You have the option to sell the vehi Ie to the Creditor the due date of the last scheduled payment at the Sale Price. The Sale Price will be the amount of the last scheduled ayment as shown in e Payment Schedule: (A) less a $250 disposition fee; (B) less any Excess Wear and Tear Deduction; and, (C) less an Excess Mileage Deductl n. (Note: The last scheduled payment is the payment shown in the original payment schedule. This payment may different from the payment ue at the end of the contract term.) You have the option to sell only if each of the following conditions is met: 1. You have not broken any of your agreements nder the Contract, including your greement to keep the vehicle free from all liens and encumbrances other than the Creditor's lien; 2. You have paid the Creditor all amounts owing nder the Contract except for the amount the payment due at the end of the Contract term; 3. You deliver the vehicle to the Creditor on th due date of the last scheduled payment (orth following business day) at a place designated by the Creditor; 4. You pay the Creditor on the due date of e last scheduled payment any excess of the payme t due at the end of the Contract term over the Sale Price; 5. You have serviced the vehicle as d scribed in the Owner's Manual and in the Maintenance chedule folder and as the manufacturer requests in any recall campaign; and 6. You have not altered the vehicle wi out obtaining the prior written permission of the Creditor. If you exercise this option, you will s' n and deliver all documents that may be needed to transfer title to the Excess Wear and Tear Deduc on. The Excess Wear and Tear Deduction used to figure the Sale Pric will be the amount the Creditor estimates it would cost to make II repairs to the vehicle that are not the result of normal wear and tear, whet r or not the Creditor makes the repairs. These costs include, t are not limited to, the amount it would cost to repair or replace: (a) glass th t is damaged or that you have tinted; (b) damaged body, fe ers, metal work, lights, trim or paint; (c) missing equipment that was in the vehi e when delivered and has not been replaced with equipme t of equal quality and design; (d) missing wheel covers, jack or wheel wrench; (e) mi sing or unsafe wheels or tires (including spare; snow tire are not acceptable); (f) any tire with less than 1/8 inch of tread remaining at the shallo est point; (g) torn, damaged, or stained dash, floor co rs, seats, headliners, upholstery, interior work or trunkliners; (h) any mechanical da age or other condition that causes the vehicle to op rate in a noisy, rough, improper, unsafe, or unlawful manner; (i) any other damage; and, (jJ any other costs required to restore the vehicle to s eable condition. Independent Appraisal. If you disagree with the Excess Wear and Tear Deduction, you may obtain at your own expense a professional appraisal of the vet}icle's value. The appraiser must be an independent third party acceptable to both you and the C ditor. If you choose to obtain a professiof)B1 appraisal, the Sale Price will be the lesser of: (1) the amount of the last scheduled payment as shown in the payment schedule, minus tlje $250 disposition fee; or (2) the appraised value of the vehicle minus the $250 disposition fee, Excess Milea~ Deduction. The Excess Mileage Deduction used to figure the Sale Price will be ...to the vehicle is driven over 3? c:J () S miles. Buyer Signs Co-Buyer Signs Other owner signs Creditor Signs By Title RETAIL INSTALMENT SALE CONTRACT GMAC FLEXIBLE FINANCE PLAN Dealer Number Contract Number Rc -O<oS Bvyer(~nd Co~B.~yer) i Namj:) and address (include county and zip code) Cre?itQ~ i(~eller nave aqd <1-d9ress) ,'j:l i;. ,) , ~' !-" . ;"'.!." '":i. : : .' -.\ " ;' '. ,'.:j'.' '. , Month :bf'blrth 'of registered owner ';'1;.. You, the Buyer (and Co-Buyer, if any), may buy the vehicle described below for cash or on credit. By signing this contract, you choose to buy the ve ' Ie on credit under the agreements on the front and back of this contract. You agree to pay us, the Creditor, the Amount Financed and Finance Charge a ording to the payment schedule shown below. We will figure the Finance Charge on a daily basis. New or Used Year Weight (Ibs.) Make and Model Vehicle Identification No, Primary Use for Which , 0 personal, family, or house d o business Your trade-in is a: Year Make Model FEDERAL TRUTH-IN-LENDING DISCLOSURES Insurance. You m buy the physical damage ANNUAL FINANCE Amount Total of Payments Total Sale Price insurance this con act requires (see back) from anyone you choo who is acceptable to us. Your PERCENTAGE ~HARGE Financed The amount you The total cost of choice of insur ce providers will not affect our RATE ~e dollar The amount of will have paid after your purchase on decision to sell r extend credit to you. You are not The cost of your am'tilunt the credit provided to you have made all credit, including required to b any other insurance to obtain credit. credit as a yearly credit\,till cost you or on your payments as your down payment Your decisi to buy or not buy other insurance will rate, yo,\ behalf. scheduled, of $ is not be a fa or in the credit approval process, % $ $ $ $ If any surance is checked below, policies or Your Payment Schedule Will certific tes from the named insurance companies will desc' e the terms and conditions, Number Amount When Payments Oras of Payments of Payments Are Due Follows $ Optional Credit Insurance. ..',: o Credit Life: o Buyer o Co-Buyer o Both Late Charge. If a payment is not receive in full within 10 days after it is due, you will pay a late Term charge of 5% of the part of the payment that late. Prepayment. If you payoff all your debt early, ou will not have to pay a penalty, o Credit Disability (Buyer Only) Security Interest. You are giving a security int est in the vehicle being purchased. Term Additional Information: See this contract f more information including information Premium: nonpaYfYlent, default, any required repayment in ful efore the scheduled date, and security int Credit Life $ Credit Disability $ ITEMIZATION OF AMOUNT FINANCED (Insurance qompany) (Home Office Address) 1 Cash price (including any accessories, services, and taxes) $ (1) Credit life insurance and credit disability insurance 2 Total downpayment = (If negative enter "0" and see line 41 b are not required to obtain credit. Your decision to Gross trade-in $ - payoff by seller $ buy or not buy credit life insurance and credit disability insurance wiH not be a factor in the credit = net trade-in $ + cash $ approval process, They will not be provided unless + other (describe); $ " (2) you sign and agree to pay the extra cost. Credit life 3 Unpaid balance of cash price (1 minus 2) - ,.(3) insurance pays only the amount you wou'd owe if you paid all your payments on time, Credit disability 4 Other charges including amounts paid to others on your behalf (Seller insurance does not cover any increase in your keep part of these amounts,): payment or in the number of payments. A Cost of optional credit insurance paid to the insurance company or companies Life $ If the box above is checked to indicate that you want credit life insurance, please read and sign the Disability $ $ following acknowledgements: B Other insurance paid to the insurance company $ C Official fees paid to government agencies 1, You understand that you have the option of (describe) assigning any other policy or policies you own or , ~., may procure for the purpose of covering this credit and that you do not have to purchase this credit life insurance policy in order to obtain the credit. X Buyer Signature Date D Government license and/or registration fees X (describe) Co-Buyer Signature Date 2, You understand that the credit life coverage you are purchasing may be deferred if, at the time of this application, you are unable to engage in employment or unable to perform normal activities of a person of your like age and sex. (You do not $ have to sign this acknowledgement if the proposed E Government documentary stamp taxes $ redit life insurance policy does not contain this F Government taxes not included in cash pric striction, ) (describe) Date $ Co-B er Sionature _ Data.. ,.."".'..~._"''!~~~.. ..,~",,_1\l G Government certificate of title fees 3, You, understand that the benefits under this credit (including $ i.'! security intere recording fee) $ life ins ance policy will 0 will not 0 terminate when H Other charges (Seller must identify ho is paid and you rea a certain age and you verify that your age describe ur ose,) is accur tely represented on the application or $ policy, to $ Date to f?f $ i to for $ ff Date I for $ " to ,_l to / for $ t! . I Net trade- in payoff to / $ 0 Term I ' .. OTHER IMPORTANT AGREEMENTS -.., 1. FINANCE CHARGE AND PAYMENTS b. You may have to pay all you owe at once. If you break your a. How we will figure Finance Charge. The Finance Charge is figured promises (default), we may demand that you pay all you owe on this on a daily basis at the Annual Percentage Rate on the unpaid part of contract at once, Default means: the Amount Financed, 1, You do not pay any payment on time; b, How we will apply payments. We will apply each payment first to the 2, You start a proceeding in bankruptcy or one is started against you or your property; or earned and unpaid part of the Finance Charge, and then to the unpaid 3, You break any agreements in this contract. part of the Amount Financed, The amount you will owe will be the unpaid part of the Amount c. How late payments or early payments change what you must pay. Financed plus the earned and unpaid part of the Finance Charge, any We based the Finance Charge, Total of Payments, and Total Sale late charges, and any amounts due because you defaulted. Price shown on the front on the assumption that you will make every payment on the day it is due, Your Finance Charge, Total of Payments, c. You may have to pay collection ,costs. If we hire an attorney to and Total Sale Price will be more if you pay late and less if you pay collect what you owe, you will pay the attorney's fee and court costs, as early, Changes may take the form of a larger or smaller final payment the law allows, or, at our option, more or fewer payments of the same amount as your d. We may take the vehicle from you. If you default, we may take scheduled payment with a smaller final payment. We will send you a notice telling you about these changes before the final scheduled (repossess) the vehicle from you if we do so peacefully and the law payment is due, allows it. If your vehicle has an electronic tracking device, you agree that we may use the device to find the vehicle, If we take the vehicle, any accessories, equipment, and replacement parts will stay with the 2. YOUR OTHER PROMISES TO US vehicle, If any personal items are in the vehicle, we may store them for you at your expense, If you do not ask for these items back, we may a. If the vehicle is damaged, destroyed, or missing. You agree to pay dispose of them as the law allows, us all you owe under this contract even if the vehicle is damaged, destroyed, or missing, e. How you can get the vehicle back if we take it. If we repossess the b. Using the vehicle. You agree not to remove the vehicle from the U.S, vehicle, you may pay to get it back (redeem), We will tell you how much or Canada, or to sell, rent, lease, or transfer any interest in the vehicle to pay to redeem., Your right to redeem ends when we sell the vehicle. or this contract without our written permission, You agree not to expose the vehicle to misuse, seizure, confiscation, or involuntary transfer. If f. We will sell the vehicle if you do not get it back. If you do not we pay any repair bills, storage bills, taxes, fines, or charges on the redeem, we will sell the vehicle, We will send you a written notice of vehicle, you agree to repay the amount when we ask for it. sale before selling the vehicle, c. Security interest. You give us a security interest in: We will apply the money from the sale, less allowed expenses, to the 1. The vehicle and all parts or goods installed in it; 2, All money or goods received (proceeds) for the vp-hicle; amount you owe, Allowed expenses are expenses we pay as a direct 3, All insurance, maintenance, service, or other contracts we finance result of taking the vehicle, holding it, preparing it for sale, and selling it. for you; and Attorney fees and court costs the law permits are also allowed 4, All proceeds from insurance, maintenance, service, or other expenses, If any money is left (surplus), we will pay it to you. If money contracts we finance for you, This includes any refunds of from the sale is not enough to pay the amount you owe, you must pay premiums or charges from the contracts, the rest to us, If you do not pay this amount when we ask, we may This secures payment of all you owe on this contract. It also secures charge you interest at the highest lawful rate until you pay. your other agreements in this contract. You will make sure the title shows our security interest (lien) in the vehicle, g. What we may do about optional insurance, maintenance, service, or other contracts. This contract may contain charges for optional d. Insurance you must have on the vehicle. You agree to have physical insurance, maintenance, service, or other contracts. If we repossess damage insurance covering loss or damage to the vehicle for the term the vehicle, we may claim benefits ungf;Jr these contracts and cancel of this contract. The insurance must cover our interest in the vehicle, If them to obtain refunds of unearned chatges to reduce what you owe or you do not have this insurance, we may, if we decide, buy physical repair the vehicle. If the vehicle is a total loss because it is confiscated, damage insurance, If we decide to buy physical damage insurance, we damaged, or stolen, we may claim benefits under these contracts and may either buy insurance that covers your interest and our interest in cancel them to obtain refunds of unearned charges to reduce what you the vehicle, or buy insurance that covers only our interest. If we buy owe, either type of insurance, we will tell you which type and the charge you must pay, The charge will be the premium for the insurance and a h. Dishonored Check Charge. If you try to pay any portion of an amount finance charge at the highest rate the law permits, you owe with a check that is dishonored, we may make a separate demand that you pay a service charge. The charge will be $25 if the If the vehicle is lost or damaged, you agree that we may use any check amount is $50 or less; $30 if the check is over $50 but not more insurance settlement to reduce what you owe or repair the vehicle, than $300; $40 if the check amount is over $300, e. What happens to returned insurance, maintenance, service, or other contract charges. If we get a refund of insurance, maintenance, 5. WARRANTIES SELLER DISCLAIMS service, or other contract charges, you agree that we may subtract the Unless the Seller makes a written warranty, or enters into a service refund from what you owe, contract within 90 days from the date of this contract, the Seller makes no warranties, express or implied, on the vehicle, and there 3. YOU MAY PREPAY will be no implied warranties of merchantability or of fitness for a You may prepay all or part of the unpaid part of the Amount Financed at particular purpose. allY time without penalty, If you do so, you must pay the earned and This provision does not affect any warranties covering the vehicle that the unpaid part of the Finance Charge and all other amounts due up to the vehicle manufacturer may provide, date of your payment. 4. IF YOU PAY LATE OR BREAK YOUR OTHER PROMISES 6. Used Car Buyers Guide. The information you see on the window form a. You may owe late charges. You will pay a late charge on each late for this vehicle is part of this contract. Information on the window payment as shown on the front. Acceptance of a late payment or late form overrides any contrary provisions in the contract of sale. charge does not excuse your late payment or mean that you may keep Spanish Translation: making late payments, If you pay late, we may also take the steps described below, Gufa para compradores de vehfculos usados. La informacion que ve en el formulario de la ventanilla para este vehfculo forma parte del presente contrato. La informacion del formulario de la ventanilla deja sin efecto toda disposicion en contrario contenida en el contrato de venta. 7. APPLICABLE LAW Federal law and Florida law apply to this contract. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND OEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.