R07-130
II
1 RESOLUTION NO. R 07- 130
2
3 A RESOLUTION OF THE CITY COMMISSION OF
4 THE CITY OF BOYNTON BEACH, FLORIDA,
5 APPROVING THE AWARD OF A ONE YEAR LEASE
6 (BID NO. 076-2110-07/CJD) FOR FIVE NEW AND
7 UNUSED VEHICLES TO ACME AUTO LEASING,
8 LLC., OF NORTH HAVEN, CONNECTICUT IN THE
9 ESTIMATED ANNUAL EXPENDITURE OF
10 $27,300.00; AUTHORIZING THE CITY MANAGER
11 AND CITY CLERK TO EXECUTE SAID
12 CONTRACT; AND PROVIDING AN EFFECTIVE
13 DATE.
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15 WHEREAS, On September 20, 2007, Procurement Services received and opened
16 two (2) bids for the lease of five (5) new and unused vehicles; and
17 WHEREAS, it was determined that Acme Auto Leasing, LLC., of North Haven,
18 Connecticut was the lowest, most responsive responsible bidder who met and exceeded all
19 specifications.
20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
21 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed
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23 as being true and correct and are hereby made a specific part of this Resolution upon
24 adoption.
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Section 2.
The City Commission of the City of Boynton Beach, Florida,
26 hereby approves the award of a one (1) year lease of five (5) new and unused vehicles for
27 use in undercover operations in the Police Department in the estimated annual expenditure
28 of $27,300.00, subject to budget appropriations, and authorizes the City Manager and City
29 Clerk to execute a Lease Agreement between the parties, a copy of which is attached
30 hereto as Exhibit "A".
S:\CA\RESO\Agreernents\Bid Awards\Bid Award - ACME Auto Five vehicles - 2007.doc
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Section 3.
That this Resolution shall become effective immediately.
PASSED AND ADOPTED THIS ~ day of November, 2007.
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18 ATTEST:
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CITY OF BOYNTON BEACH, FLORIDA
.V. .ice M. a. ?,or ..-1 ... / ./'/
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:\CA\RESO\Agreernents\Bid Awards\Bid Award - ACME Auto Five vehicles - 2007.doc
2
Lease No.
CLOSED END LEASE AGREEMENT AND DISCLOSURE STATEMENT
Date of Lease Rol- t 2> 0
This Lease Agreement (Lease) is between
Name:
Address:
Telephone:
(Leasee)
and (Lessor)
Acme Auto Leasing, LLC
440 W ashington Avenue
North Haven, CT 06473
Toll Free f800~ 242-7767
Telephone 203 234-6850
Fax 203 234-6858
Subject to the terms and conditions of this lease you agree to lease from Lessor the motor vehicle ("Vehicle") described below and
will use the Vehicle primarily for personal or business use..
VEHICLE
INFORMATION
Year
Color
Model
VIN
Plate
Unit #
LEASE DISCLOSURES
Body Style
Odometer Mileage
1. Total Payment Due at Inception:
o Capitalized Cost Reduction
o Delivery Charge
o Registration Fee
o Advance Monthly Payment
o Refundable Security Deposit
o Other
TOTAL
$
$
S
$
$
$
$
2.Term of Lease: Months
The first payment of $ is due on the
and subsequent payments of $
day of each month thereafter.
day of the month of
are due on the
3. Total Monthly Payment:
$
4. Total of Monthly Payments:
$
5. Total other charges Payable to Lessor:
o Disposition $
o Maintenance $
o Other
(est.*) (see Item 9)
$
6. Fees and Taxes:
Total amount you will pay during the term for official fees, registration,
Certificate of Title, license fees and taxes. $
7. Insurance: (check one)
o You are required to provide the following insurance coverage:
Bodily Injury or Death $1,000,000 combined single limits per accident
Property Damage $100,000
Collision ($500 deductible) for actual cash value of vehicle
Comprehensive, Fire, Theft
Uninsured Motorist Coverage
o Lessor will arrange insurance coverage for You at the initial monthly cost to
you of$ (est*)
8. Standards of Wear and Use of Vehicle:
The following standards are applicable for determining your (Lessee's)
Financial responsibility at the end of the Lease Term for the
unreasonable wear and use of the Vehicle:
a) Lessor's cost ofreconditioning the Vehicle which exceeds $100, and
b) excessive mileage of $ _ per mile over _ miles per _
9. Maintenance of Vehicle: (check one)
o You are responsible for all maintenance and servicing of the Vehicle,
including, but not limited to, gas. oil, tune-ups, repairs, tires and storage.
o Lessor is responsible for the following maintenance:
o Maintenance charge is included in lease fee
10. Warranties:
The Vehicle is subject to ONLY those express warranties provided by the
manufacturer's standard warranty of the Vehicle. THE LESSOR
MAKES NO WARRANTY, EITHER EXPRESS OR IMPLIED, AS
TO THE CONDITION OF THE VEHICLE OR ANY PART OR
ACCESSORY THEREOF, ITS MERCHANTABILITY
OR FITNESS FOR ANY PARTICULAR PURPOSE.
11. Early Termination & Default:
a. You have no right to terminate the Lease prior to its scheduled
termination without the written consent of the Lessor and, if given,
Lessee must comply with any conditions imposed in the sole discretion
of the Lessor.
b. Lessor may terminate the Lease upon the occurrence of an Event of
Default as set forth below and proceed against You for unpaid rentals
due and payable for the remainder of the Lease Term, the residual
amount set forth below, collection costs, and any cost incurred in
repossessing, repairing, and disposing of the Vehicle, including
reasonable attorneys' fees.
c. The residual amount due to Lessor is
$
d. In the event that the Lease is terminated due to the total loss of the
Vehicle, You are responsible for the amount by which the monthly
payment multiplied by the number of remaining months in the Lease
Term, together with the residual amount due to Lessor, minus any
escrow amount which shall not become due, exceeds the amount of any
insurance proceeds received as a result of the loss.
12. Security interest:
The lessor has the right to assign your rental payments to a Bank and grant
a security interest in the Lease and the Vehicle to Bank.
13. Late Payments and Penalties:
The charge for late payments is five percent (50/0) of any rental or other
payment due under the Lease which is not paid within ten (10) days after said
payment is due.
In the event You cease to pay insurance, tax or maintenance expenses, etc.,
Lessor may pay these expenses and charge You for these costs, plus interest at
eighteen percent (18%) per annum until repaid to Lessor.
14. Option to Purchase: Yes_ No_
You have the option to purchase the vehicle at
$ on
Other
.
"Est." indicates estimated expenses based upon
the best information reasonably available to the
Lessor as of the date of these disclosures, and
such expenses may change in accordance with
the terms of this Lease.
LEASE TERMS AND CONDITIONS
15. Lease Only: The Lessee acquires no right, title or interest in the Vehicle
except the right to use it for the Lease Term set forth above, which shall
commence on the date the Lessee accepts in writing delivery of the Vehicle
("Delivery Date"). The Lessor's ownership shall be evidenced by the registration
and licensing of the Vehicle with the appropriate governmental authorities
showing title in the name of the Lessor. The Lessee agrees not to take any action
or omit to take any action which is inconsistent with the Lessor's ownership of the
Vehicle and to keep it free and clear of any and all liens and encumbrances.
16. Lessee's Payment Obligations: The Lessee shall pay to the Lessor on
the Delivery Date any Advance Payments and Security Deposit set forth above,
which shall be held by or for the Lessor without interest. The Lessee shall also pay
to the Lessor monthly rental payments as described above, the first of which shall
be due and payable on the Delivery Date and the remainder shall be due and
payable on the same day of each month thereafter. Where tax, insurance,
maintenance or other payments have been included in the monthly rental payment,
the Lessor may increase or decrease the monthly rental payment upon the increase
or decrease of the taxes, insurance, maintenance or other amounts payable by
Lessor on Lessee's behalf, and Lessee shall pay the increased or decreased monthly
rental payment in accordance with the terms of this Lease.
The Lessee shall also pay upon the termination of this Lease:
(a) the Charge for Excess Mileage at the rate set forth above for
each mile in excess of the mileage allowance; and
(b) any amount in excess of One Hundred Dollars ($100.00)
incurred by the Lessor in reconditioning each Vehicle. Any dispute
between the Lessor and the Lessee as to the amount due under this
Subparagraph (b) shall be submitted to arbitration by an independent
appraiser appointed by agreement of Lessor and Lessee, whose
determination shall be final and binding upon the parties.
The Lessee shall also pay to the Lessor a delinquency charge equal to five percent
(5%) of any rental payment or other payment not paid hereunder when due or
within ten (10) days thereafter. The Security Deposit set forth above is security for
the performance of all Lessee's obligations under this Lease, which shall be
returned to the Lessee, without interest, only upon the satisfaction of the Lessee's
obligations hereunder.
Lease Terms and Conditions continued
17. Lessee's lIse ofthe Vehicle
The Vehicle may be operated only by the Lessee, members of Lessee's innnediate family,
and authorized employees and agents. Every operator must be properly authorized and
licensed to operate the Vehicle and must obey all laws, statutes and ordinances of all
govemmental authorities applicable to the operation of the Vehicle, including without
limitation those regarding use of alcohol and drugs. The Vehicle shall be garaged at the
Address of Lessee set forth above unless Lessor agrees in writing to a different location.
The Vehicle shall not be used for any unlawful purpose, for any connnercial activities
other than the Business Use of Vehicle, if any, described above, for any purpose which
causes insurance coverage on the Vehicle to be suspended or cancelled, or in excess of its
rated capacity.
Lessee agrees that Lessee shall:
(a) maintain the Vehicle in its original condition as to appearance and mechanical
performance, reasonable wear and tear excepted; make all necessary and required
repairs and purchase parts which shall accrue to the benefit, and become the
property of the Lessor; and pay all costs and expenses of whatever nature,
resulting from the use and operation of each Vehicle, including but not limited to,
expenses for gasoline, oil, lubrication, antifreeze, adjustments, tune-ups, repairs,
tires, storage, washing, tools, tolls, fines, traffic violations, towing and servicing
of any kind;
(b) pay when due, and be liable for the payment of all sales, use, excise, personal
property, ad valorem or other taxes, except Lessor's income taxes; all
assessments, fees and charges payable with respect to the ownership, possession,
rental, transportation or delivery of any Vehicle hereunder; and all expenses
resulting from the licensing, registration, inspection or other govennnental
requirements now or hereafter existing and;
(c) provide, maintain and at all times comply with the terms of during this Lease at
Lessee's sole cost and expense and with a duly licensed insurer acceptable to the
Lessor, the following minimum insurance coverage for each Vehicle hereunder.
(1) Liability for bodily injury or death (each person) One Million Dollars
($1,000,000);
(2) Liability for bodily injury or death (per accident) One Million Dollars
($1,000,000);
(3) Liability for property damage One Hundred Thousand Dollars ($100,000)
(4) Collision and upset for the actual cash value of the Vehicle, subject to Five
Hundred Dollars ($500) deductible;
(5) Fire, theft, and comprehensive (for passenger cars), or fire, theft and combined
additional coverage (for trucks); and
(6) Uninsured motorist coverage.
Evidence of such coverage, naming the Lessor as an ADDITIONAL INSURED for any
Vehicle hereunder, and protecting it and its assignee as their interests may appear, shall be
provided to the Lessor on the Delivery Date. At least thirty (30) days prior written notice
of cancellation shall he provided to the Lessor. If any insurance coverage is suspended or
cancelled, the Lessee shall immediately return the Vehicle to the Lessor, who may elect
any of its remedies hereunder, including storage of the Vehicle for the Lessee's account
until coverage is reinstated. In the event of any loss or damage to a Vehicle, Lessee shall
be responsible for the payment of the deductible required by any policy of insurance.
Lessee shall not be responsible for the payment or the amounts set forth in Subparagraphs
(a), (b) and (c) of this Paragraph to the extent that those amounts are included in the
Monthly Payment set forth above and are actually received by Lessor.
In the event of total loss for any reason, including confiscation, for which the Lessor is not
compensated by insurance in an amount equal to the monthly payment multiplied by the
number of months remaining in the term of the Lease, together with the residual amount
due to Lessor, minus any escrow amounts which shall not become due ("Total Amount
Due") determined as of the time innnediately preceding the loss, then the Lessee, in
addition to his other obligations hereunder, shall immediately pay to the Lessor an amount
equal to the difference between such insurance and the Total Amount Due.
The Lessee will promptly report to the Lessor, in writing, all accidents, collisions and
damage to the Vehicle. irrespective offault, injury, loss or damage and any suit, demand or
claim, whether or not justified. Lessee shall cooperate fully with the Lessor and insurer in
all accident investigation, claim and litigation procedures.
The Lessee hereby agrees to indemnifY and hold the Lessor hannless against any and all
liability, claims, judgnJents, loss. damage costs or expenses, including reasonable attomey's
fees, caused by, or arising out of, the operation, use, or theft of any Vehicle or the contents
or cargo thereof.
If the Lessee fails to make any payments for taxes, insurance, repairs and the like, referred
to in this Lease, the Lessor may, but shall not be required to, make such payments and ifit
does so, the Lessee shall reimburse the Lessor upon demand for all such disbursements
made on behalf of the Lessee hereunder, and said amounts will bear interest until paid to
Lessor by Lessee in the amount of eighteen percent(18%) per annum.
18. Lessor's Liabilities With Respect to the Leased Vehicle:
It is expressly agreed and understood that the Vehicle has been selected by the Lessee and
that THE LESSOR MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED,
AS TO THE CONDITION OF THE VEHICLE OR ANY PART OR ACCESSORY
THEREOF, ITS MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR
PURPOSE, or as to any patent or latent defects in material, workmanship, or otherwise,
and no such defect or unfitness shall in any way affect the obligations of the Lessee to
comply with the terms of this Lease; and that the only warranties applicable to any
Vehicle are warranties made by the manufacturer, or its dealers and representatives, and
that the Lessee's rights under any manufacturer's new vehicle warranty shall not be im-
paired hereunder.
The Lessor shall not be liable for any failure or delay in the delivery of any Vehicle; and
failure to perform hereunder resulting from fire, or other casualty, riot, strike, or other
labor difficulty, govemmental regulation or restriction, or any other cause beyond the
Lessor's control; and any loss of profits or time, or other consequential damages resulting
from theft, damage, loss, defect or failure of any Vehicle, or through the recovery, repair,
adjustment, service or replacement of any Vehicle.
19. Termination of the Lease; Return of Vehicle:
This Lease shall terminate with respect to a Vehicle upon the scheduled expiration of the
Lease Term set forth above, the return of the Vehicle at the Lessee's expense to Lessor at
the location of its delivery to Lessee or at such other location as the Lessor may specifY in
writing, and the payment of all sums due by the Lessee to the Lessor hereunder. Lessee
shall have no right to terminate this Lease prior to the scheduled termination of the Lease,
unless Lessor and any assignee of Lessor shall have granted prior written consent to such
termination and Lessee shall have complied with any conditions imposed in the sole
discretion of Lessor or its assignee in said written consent.
20. Lessor's Right to Substitute Vehicle:
The Lessor may, at any time, but without additional expense to the Lessee, substitute for
any Vehicle another vehicle similar in value, condition, mileage and accessories, and such
substitute vehicle shall then be subject to the terms and conditions of this Lease.
21. Default By Lessee and Additional Rights of Lessor:
In the event anyone or more of the following events shall occur:
(a) Lessee fails to pay any amount, including rental payments, due hereunder, and
continues to fail to pay for ten (10) days after payment is due; or
(b) Lessee files a petition in bankruptcy, or makes an assignment for the benefit of
creditors, or if any receiver or trustee in bankruptcy is appointed for the Lessee in
any suit or proceeding; or
(c) any insurance coverage required hereunder is cancelled or not renewed, or the
Lessee is determined to be an uninsurable risk by any insurer; or
(d) the death of a natural lessee, the death of any partner or dissolution of any
partnership lessee or on the sale of stock of, dissolution or merger with or into
any other corporation by a corporate lessee; or
(e) the Vehicle is confiscated by a political or governmental agency, as a result of the
illegal use of the Vehicle; or
(I) failure to perform any other covenant, term or agreement contained in this Lease:
Lessor may, at its sole discretion and without notice to the Lessee, undertake either or all
of the following remedies:
(I) declare innnediately due and payable from Lessee all unpaid lease payments,
the residual amount and other payment obligations due hereunder;
(2) terminate this Lease and take immediate possession ofany Vehicle hereunder,
with or without legal process, regardless of where such Vehicle may be found,
and the Lessee hereby specifically authorizes and empowers the Lessor, or its
agent and employees, to enter upon any of the Lessee's property or premises for
the purpose of taking immediate possession of any Vehicle and any equipment,
accessories and property located therein, which the Lessor may hold or store at
the Lessee's expense; and
(3) pursue any other remedy, legal or equitable, which Lessor may have against
Lessee.
The Lessee agrees that Lessee is liable for all expenses including reasonable attomey's
fees, incurred by the Lessor in connection with any retaking, storage, repair or resale of
any Vehicle and the enforcement of any other right under this Lease. The Lessor shall not
be liable for any peaceful repossession taken hereunder, and the Lessor's remedies shall
not be exclusive of any other remedy, but shall be cumulative and in addition to every
other remedy of the Lessor in law or in equity.
22. General Provision:
This Lease shall not be assigned by the Lessee without the Lessor's prior written consent.
The Lessor shall have the right to assign this Lease without prior notice to, or consent of,
the Lessee. Lessee acknowledges that Lessor intends to assign this Lease and its right to
the payment under this Lease to Bank. In the event that Lessor assigns its rights to Bank,
Bank shall succeed to all the rights and powers of Lessor pursuant to this Lease, but shall
not be obligated to perform any of Lessor's obligations pursuant to the Lease, and Lessee's
obligation to pay directly to Bank the amounts due under this Lease shall be absolutely
unconditional and payable notwithstanding any defense, offset or counterclaim whatever,
by reason of breach of this Lease or otherwise, which Lessee mayor might now or
hereafter have against Lessor, Bank or any other person (Lessee reserving its right to have
recourse directly against Lessor on account of any such defense, counterclaim or offset). In
the event of any such assignment, this Lease shall not be modified or amended except upon
the written consent of Bank. The Lessor may grant a security interest in the Vehicle and in
this Lease to any financial institution of its selection. Lessee acknowledges that Lessor
intends to grant a security interest in the Vehicle and in this Lease to Bank. If the Lessee is
a corporation, the Lessee warrants that the officer executing this Lease on its behalf has
been duly authorized to execute the Lease by prior corporate action. All covenants,
agreements, representations and warranties in this Lease contained and made by and on
behalf of Lessor and the Lessee respectively, shall be binding on, and inure to the benefit
of the respective successors and assigns, of the Lessor and the respective successors and
assigns, and the heirs, executors, administrators, legal representatives and assigns of the
Lessee.
As used herein, and whenever the context so requires, the masculine gender shall include
the feminine or neuter, and the singular number shall include the plural, and conversely.
This Lease shall be construed and enforced in accordance with the laws of the state in
which the Address of Lessee is located.
The section headings contained herein are inserted for convenience only, and shall not
control or affect the meaning or construction of any of the provisions thereof.
This Lease constitutes the entire agreement between the Lessor and Lessee, and no other
agreement in any way modifying any of the terms hereof will be binding upon the Lessor or
Bank, unless made in writing and signed by the Lessor and Bank. All prior proposals,
negotiations and representations, if any, made with reference hereto are merged herein. If
any of the provisions hereof are determined to be invalid, illegal, or unenforceable, the
remaining provisions of this Lease shall not be affected thereby.
23. Special Provision:
o Check if Applicable
Refer to Lease Rider whose terms and conditions shall govern over the terms
and conditions of this lease agreement.
Signing this lease indicates understanding of, and agreement to, the TERMS AND CONDITIONS described herein.
Lessor
In witness whereof, the lessor and the Lessee Have signed and executed this Lease by their authorized representatives, all as of the date first above written.
Witness: C\(G~ (
~t rkukl-C2JfO
Lessee
By:
Fl
!If-PI
CITY ATTORNEY
1
CITY CLERK'S OFFICE
MEMORANDUM
TO:
Carol Doppler
Procurement
FROM:
Janet M. Prainito
City Clerk
DATE:
November 26, 2007
RE:
R07-130 One Year Lease (Bid No. 076-2110-07/00) - Acme
Auto Leasing
Attached are 5 partially executed original agreements for the above-mentioned lease.
Once the agreements are fully executed, please return an original for Central File.
Thank you.
if.-r-m. ~
Attachments
S:\CC\WP\AFfER COMMISSION\Departmental Transmittals\2007\Carol Doppler -R07-130 Acme Auto Lease.doc