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HomeMy Public PortalAbout15-8943 Purchase One Chevy Tahoe from Miami Lakes Auto MallSponsored by: City Manager RESOLUTION NO. 15 -8943 A RESOLUTION OF THE CITY OF OPA- LOCKA, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHSE ONE CHEVY TAHOE FROM MIAMI LAKES AUTO MALL AND FINANCED FOR 60 MONTHS THROUGH THE BANCORP BANK AT A NET COST OF $40,930.49 AND A MONTHLY COST OF $778.24, PAYABLE FROM ACCOUNT NUMBER 19- 519648 (BUDGETED ITEM); PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Opa -locka desires to purchase a new vehicle for the newly elected legislator; and WHEREAS, the City solicited quotations from local car dealerships; and WHEREAS, two quotes were received with Miami Lakes Auto Mall having the lowest cost; and WHEREAS, the City will also trade in an unused City vehicle; and WHEREAS, the new vehicle will be financed for 60 months at a total cost of $40,930.49 and a monthly financed cost of $778.24, and WHEREAS, the City Commission authorizes the City Manager to purchase the Chevy Tahoe from Miami Lakes Auto Mall and financed through The Bancorp Bank. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA LOCKA, FLORIDA: Section 1. The recitals to the preamble are hereby incorporated by reference. Resolution No. 15 -8943 Section 2. The City Commission authorizes the City Manager to purchase a Chevy Tahoe from Miami Lakes Auto Mall at a net cost of $40,930.49 and a financed through The Bancorp Bank for 60 months for $778.24 each month. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 11`' day o to: Joanna Flores City Clerk Moved by: Seconded by: Commission Vote: Commissioner Santiago: Commissioner Kelley: Commissioner Pinder: Vice -Mayor Holmes: Mayor Taylor: Approved as to form and legal sufficiency: Vincent T. Brown City Attorney COMMISSIONER KELLEY COMMISSIONER PINDER 4 -0 YES YES YES NOT PRESENT YES 2 City of Opa -Locka Agenda Cover Memo Commission Meeting Date: 02/25/2015 Item Type: (EnterX in box) Resolution Ordinance Other X Fiscal Impact: (EnterX in box) Yes No Ordinance Reading: (EnterXin box) 1st Reading 2nd Reading X Public Hearing: (EnterX in box) Yes No Yes No Funding Source: (Enter AcctNo.) (Enter Fund & Dept) 19- 519648 BUDGETED Advertising Requirement: (EnterX in box) Yes No g Contract /P.O. Required: (EnterXin box) Yes No RFP /RFQ /Bid #: N/A X Strategic Plan Related (EnterXin box) Yes No Strategic Plan Priority Area: Enhance Organizational 0 Bus. & Economic Dev Q Public Safety Quality of Education Qual. of Life & City Image p Communcation D Strategic Plan Obj. /Strategy: (list the specific objective /strategy this item will address) Sponsor Name City Manager Department: City Manager Stet ride: A RESOLUTION OF THE CITY OF OPA- LOCKA, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE ONE CHEVY TAHOE FROM MIAMI LAKES AUTO MALL AND FINANCED FOR 60 MONTHS THROUGH THE BANCORP BANK AT A NET COST OF $40,930.49 AND A MONTHLY COST OF $778.24, PAYABLE FROM ACCOUNT NUMBER 19- 519648, BUDGETED Staff Summary: Several local dealerships were asked to provide quotes for the vehicle. Two dealerships did provide quotes. During this process, the City will also trade in a vehicle that is no longer needed in order to keep costs down. Proposed Action: Approval Attachment: (1) Financing options from The Bancorp Bank (Mears Motor Leasing) (2) Miami Lakes Auto Mall quote (3) Tropical Chevrolet quote (4) Appraisal report of trade in vehicle (5) Miami Lakes Auto Mall financing option (ALLY Financial) ��e n LOck'a Memorandum TO: Mayor Vice -Mayor Commissioner Commissioner Commissioner FROM: Kelvin Baker, Sr., City DATE: February 20, 2015 Myra L. Taylor Timothy lme Joseph L. elle, uis RE: Resolution: Purchase of Chevy Tahoe Request: A RESOLUTION OF THE CITY OF OPA- LOCKA, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE ONE CHEVY TAHOE FROM MIAMI LAKES AUTO MALL AND FINANCED FOR 60 MONTHS THROUGH THE BANCORP BANK AT A NET COST OF $40,930.49 AND A MONTHLY COST OF $778.24, PAYABLE FROM ACCOUNT NUMBER 19- 519648, BUDGETED Description: Purchase of these vehicles will provide replacement vehicles for the newly elected legislator. Financial Impact: Total net cost of $40,930.49 financed for 60 months at a monthly cost of $778.24. Implementation Timeline: Will be ordered immediately upon approval. Legislative History: none Recommendation(s): Staff recommends approval. Analysis: Several local dealerships were asked to provide quotes for the vehicle. Two dealerships did provide quotes. During this process, the City will also trade in a vehicle that is no longer needed in order to keep costs down. See below the cost and financing comparative of the vehicles. It is recommended that the City purchase the vehicle from Miami Lakes Auto Mall. Gran Cost Net Cost mentbly Cost Miami Lakes Auto Mall $52,430.49 $40,930.49 $778.24 -Tropical Chevrolet $55,995.00 $44,495.00 $846.01 It is recommended that the City purchase the vehicle from Miami Lakes Auto Mall. Attachments: (1) Financing options from The Bancorp Bank (Mears Motor Leasing) (2) Miami Lakes Auto Mall quote (3) Tropical Chevrolet quote (4) Appraisal report of trade in vehicle (5) Miami Lakes Auto Mall financing option (ALLY Financial) PREPARED BY: Faye Douglas, Budget Administrator February 11, 2015 Ms. Faye Douglas Budget Administrator City of Opa -Locka Re: Leasing Dear Faye: The following is a proposal of the Chevy Tahoe open end lease: Tropical Chevrolet Cap Cost Trade in Value Net Cap Cost Buy Out at Term Mileage Allowance 36 Months @ 48 Months @ 60 Months @ Open -End Lease for a 2015 Chevrolet Tahoe LT $55,995.00 $11,500.00 $44,495.00 $1.00 N/A $1,337.41 per month $1,030.06 per month $ 846.01 per month MEARS MOTOR LEASING A Financial Division of The Bancorp Bank MEMBER FDIC Miami Lakes Auto mall Cap Cost $52,430.49 Trade in Value $11,500.00 Net Cap Cost $40,930.49 Buy Out at Term $1.00 Mileage Allowance N/A 36 Months @ $1,230.27 per month 48 Months @ $ 947.54 per month 60 Months @ $ 778.24 per month Tag & Title Fees, if any, billed separately Mears has the ability to structure the lease to meet your budgetary requirements including payments on a monthly, quarterly, semi - annually or annually in advance or arrears. Mears works with all the major manufacturer's allowing you to choose the vehicle and the dealer you wish to use. This of course would include purchasing vehicles from your state bid. I can also use my contacts to find the best possible deal for you. nne Cornier ,ernment Leasing Specialist 3905 El Rey Road, Orlando, FL 32808 . Phone 407 - 253 -4450 • Fax 302 - 793 -1689 www.mearsleasing.com A FINANCIAL DIVISION OF The 8ai cop Bank ® Contract Holder A toM I ,- Jeep RETAIL BUYER'S ORDER WORKSHEET 16600 NW 57th Ave. Miami FL 33014 Phone: 305- 558 -1400 DATE 2/3/2015 CUSTOMER DOB C/o City Of O a Locka Florida ADDRESS 3400 N.W. 1350 Str. Bld .B 91 - Cash Price of Vehicle CITY O pa Loc ka STATE FL ZIF 33054 Additional Dealer Installed Equipment DL # E -MAIL rmckay@opalockafl.gov THE FOLLOWING OPTIONS WHICH HAVE BEEN PROVIDED THROUGH YOUR DEALER ARE NOT PRODUCTS OF MANUFACTURER PLEASE NOT AS SET FORTH IN PARAGRAPH B ON THE REVERSE SIDE OF THIS AGREEMENT, NEITHER THE MANUFACTURER OF THE VEHICLE NOR DEALER PROVIDES A WARRANTY FOR THESE OPTIONS. SHOULD THE NEED ARISE. YOU SHOULD CONTACT THE VENDOR THAT SUPPLIED THE OPTION, HOME PHONE 305 953 -2868 WORK PHONE COUNTY 1 STOCK NO C5T77550 YEAR 2015 NEW USED DEMO EXECUTIVE 2 VIN 1GNSCBKC9FR177550 MAKE Chevrolet 3 MODEL Tahoe BODY Geor SALESPERSON a Galindo 4 = t t Z tp t—,' C' MILEAGE COLOR SALESPERSON 291 Champagne Silver Metallic 1 CO- CUSTOMER DOB 11 5 ADDRESS Ck+ 8. CITY STATE ZIP g �� 1 k DL# E -MAIL 10 HOMEPHONE WORK PHONE COUNTY imm I ❑ Private Trade ❑ Lease Walk Away CUSTOMER SIGNATURE CO- CUSTOMER SIGNATURE Subtotal 51522.00 Less Pre -owned Allowance Wor Discount Year Make Model Color VIN Mileage Net Difference 51522.00 1 st Lien to Amount Good Thru Pre - delivery Service Fee Documentation Fee Electronic Registration Filing Fee These charges represent costs and profit to the dealer for items such as inspecting. cleaning. and adjusting vehicles and preparing documents related to the sale 799.99 100,00 2nd Lien to Amount Good Thru Authorized by TRADE-IN 2 ❑ Private Trade ❑ Lease Walk Away Lead Acid Battery Fee Florida New Tire Fee ($1.00 per tire) 1,50 5.00 Year Make Model Color VIN Mileage Subtotal 1 St Lien to Amount Good Thru Sales Tax 0 % includes applicable county tax 0.00 2nd Lien to Amount Good Thru Lemon Law - Warranty Enforcement Act (New cars only) 2.00 .Authorized by Florida Title. Reoistration and License Fees ( New _ Trans I DO NOT SIGN BELOW UNTIL YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS AND CONDITIONS CONTAINED ON THE FRONT AND BACK OF THIS ORDER. BY SIGNING BELOW YOU ACKNOWLEDGE THAT EXCEPT AS OTHERWISE ACKNOWLEDGED IN WRITING THIS REPRESENTS THE ENTIRE ORDER AND THAT YOU HAVE NOT RELIED ON ANY ORAL REPRESENTATION. PROMISE OR AGREEMENT NOT CONTAINED WITHIN THIS WRITTEN ORDER THIS ORDER IS NOT BINDING UNTIL EXECUTED BY DEALER'S MANAGER CUSTOMER REPRESENTS AND WARRANTS THAT ALL INFORMATION PROVIDED TO DEALER IN CONNECTION WITH THIS TRANSACTION IS COMPLETE AND ACCURATE CUSTOMER HAS READ UNDERSTANDS AND ACCEPTS ALL PROVISIONS OF THIS ORDER THE ARBITRATION PROVISION ON THE BACK AND THE WARRANTY STATEMENT Customers Signature Co- Customers Signature l ` tT' i-:'C Manager %--j ate Third -party Private Tag Agency Fee Trade Pay-off t Balance on Prior Lease 0.00 Subtotal 52430.49 Motor Vehicle Service Contract (extended warranty) Vehicle Maintenance Agreement Sales Tax on Other Benefits GRAND TOTAL 52430.49 Rebate 0.00 Cash ( Receipt # ) Cash ( Receipt #2 ) 0.00 Total Cash Down BALANCE DUE ON DELIVERY 52 430.49 PAGE 1 OF 3 NEW / DEMO AND EXECUTIVE VEHICLE DISCLOSURE This new, demonstrator or executive Vehicle Is sold AS -IS and WITH ALL FAULTS. DEALER HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY LIABILITY IN CONNECTION WITH THE SALE OF THE VEHICLE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF The only warranties applying to this Vehicle are those offered by the Manufacturer. The Manufacturers warranty Is not affected by Dealer's disclaimer of warranties. The Customer hereby acknowledges that Dealer has made available "warranty Pre-Sale Information" as disclosed in the Warranty Binders pursuant to the Magnuson -Moss Warranty Act. Check Here ❑ if this unit was previously used as a Demonstrator or Executive Vehicle. Customer. Customer THIS VEHICLE WAS DELIVERED TO A PREVIOUS PURCHASER. Customer. "LIEN PAYOFF AFFIDAVIT' THIS IS AN ESTIMATED PAYOFF ONLY SINCE WE CANNOT CONFIRM AN EXACT AMOUNT OF THE LIEN ON ANY TRADE AT THIS TIME AND IF PER ACTUAL PAYOFF IS HIGHER THAN THE AMOUNT STATED, IT WILL BE NECESSARY TO COLLECT ADDITIONAL MONEY. CUSTOMER AGREES TO PAY ANY ADDITIONAL MONIES OWED WITHIN 48 HOURS OF BEING NOTIFIED. IF PAYMENT IS NOT RECEIVED. THE UNDERSIGNED CUSTOMER AUTHORIZES DEALER TO RECORD A LIEN ON THE VEHICLE BEING PURCHASED FOR AMOUNT OWED. IF PURCHASER APPLIES THE VALUE OF A TRADE -IN AGAINST THE PRICE OF THE VEHICLE IDENTIFIED IN THIS ORDER. PURCHASER ACKNOWLEDGES AND UNDERSTANDS THAT THE AMOUNT ALLOWED FOR THE TRADE -IN VEHICLE MAY NOT EQUATE TO THE ACTUAL CASH VALUE OF THE TRADE -IN VEHICLE. IN FACT THE AMOUNT ALLOWED MAY EXCEED THE ACTUAL CASH VALUE OF PURCHASER'S TRADE -IN VEHICLE Signature X Co- Customer Signature X Date Date Unless specifically identified by Customer in writing and signed by the parties, Customer represents and warrants the following regarding the Trade -In: (i) it was not involved in an accident; Iii) has not incurred any body or major engine repair(s). (iii) it was not previously police vehicle, a taxicab, a short-term lease (for less than 12 months), also referred to as a rental vehicle : and (iv) it was not flood damaged, frame damaged, salvaged or rebuilt vehicle. Subject to the terms and conditions of this Order. Customer authorizes Dealer immediately sell the Trade -In whether Financing Approvals have been obtained Customer agrees that in the event any inquiry reveals any undisclosed lien on the Trade -in andlor the actual pay -off for the disclosed lien on the Trade -In exceeds the Customer's statement of pay -off, Customer will cause such previously unknown lien(s) and /or the understated amount of the disclosed liens) to be satisfied within 48 hours of Dealer's notice Customer in writing. If the vehicle(s) listed is a Lease Walk Away. Customer understands that Dealer's agreement to take Possession of it is for convenience only and Dealer assumes no responsibility for it condition or any other obligation of Customer with respect to that lease, such as remaining payments, excess miles or damage to vehicle, unless othervase indicated in writing and signed by Dealer Customer Customer ARBITRATION ACKNOWLEDGEMENT The parties agree submit all claims to binding arbitration as set forth in paragraph I below By signing below, Customer expressly acknowledgs that customer has read and understands all terms of the arbitration provision as provided In paragraph I and agrees to be fully bound by the terms of the arbitration provision. Customer Customer. LIMITATIONS ACKNOWLEDGEMENT USED VEHICLE DISCLOSURE This used Vehicle has been previously driven by others and Dealer has not made any representation regarding the Vehicle's history acknowledges that no representation has been made by an agent of Dealer: (i) regarding the history , condition, prior repair or maintenance, safety system or suitablity of the Vehicle: or (ii) that it has or has not ever sustained damages prior to this Order, nor does Dealer have the obligation to make any such disclosure. Customer understands that s /he may retain a third -party to provide mfoonalion regarding the Vehicle's history and that Dealer encourages Customer to do so. Customer may also make arrangements to have the Vehicle inspected by a person of Customers own choosing. Customer further acknowledges that Customer has test clmme this Vehicle and it meets Customer's satisfaction or Customer has been offered an opportunity to do so, and has declined. Except as otherwise set forth on the window form (Buyers Guide), this Vehicle is sold "AS IS and WITH ALL FAULTS." without any warranty and DEALER HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY LIABILITY IN CONNECTION WITH THE SALE OF THE VEHICLE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. The information you see on the window tone for this Vehicle is part of this conlractlonler of sale. The Manufacturer warranty, it any, has been fully explained. If the provisions in the contract /order of sale. The Manufacturer warranty, it any has been fully explained. If the Vehicle is designated as a certified vehicle, that indicates that it has qualified for a limited extension of the Manufacturer's original warranty as set forth on the Buyer's Guide. The certified designation does not alter or modiy any of the above disclaimers and waivers, nor does it create a Dealer warranty. It also does not mean that the Vehicle, like all used vehicles, will not suffer mechanical breakdowns, nor need maintenance due to wear and tear Check Here ❑ B this unit was previously used for Hire or Lease Customer Customer GUTA PARA COMPRADORES DE VEHICULAS USADOS. LA INFORMACION OUE VE EN EL FORMULARIO DE LA VENTANILLA PARA ESTE VEHICULO FORMA PARTE DEL PRESENTE CONTRATO. LA INFORMACION DEL FORMULARIO DE LA VENTANILLA DEJA SIN EFECTO TODA DISPOSIC16N EN CONTRARIO CONTENIDA EN EL CONTRATO DE VENTA FINANCING APPROVAL CONDITION PRECEDENT AND CONDITIONAL DELIVERY ACKNOWLEDGEMENT The Customer untlerstands . acknowledges agrees that the Retail Buyer Order ("RBO ") and the Retail Installment Sales Contract i" RISC') including any addenda are pan of a single transaction for the purchase of the Vehicle Customer must b approved by a f na institution for 1 na a t the rate tat d the RISC I "F A I"1 condition tl t to this transaction Financing Anotoval,s b vond Dealer ontrol and Me, hot lw,v, be obtained at the fime of Vehicle del,very This Fmancina Approval is obtained Customer understands that the Dealer does not lend money accept monthly Payment and Mat Dealer is in no way acting as Me financing company in this transaction. Customer may secure financing hom an entity of Cu—me—housing or may apply for financing from a third party financmg company Dealer may offer Customer understands that he or she may be able to obtain more favorable financing terms from third parties corer than (hose the Dealer may offer Should Me Customer seek financmg tram A third party financing company from a source Dealer offers and ....... Financing Approval from that source. Dealer shall immediately assign Me RISC to that Financing Institution The financing insbtution shall Men be Me creditor to whom Customer shall be obligated under the RISC Customer also untlerstands Mat Me annual percentage rate ("APR ") for Me installment sale of an automob4e may be negotiated and that Dealer may receive from a finance source It offers some portion of Me finance charge ar receive other compensation for offeremg the financing molar for selling other products and sern , In the event Mat Customer is undable to obtain Financing Approval from a source Dealer afters or in the event Mat Dealer noble to assign /sell Me RISC to a financing m ilduhon on terms as favorable as in the RISC. or if Customer is unable to obtain I nancing approval from another source at rates as favorable on the RISC, Dealer and Customer each shall have Margin gin a ther to terminam M e n a non ofd n. m m f r ninon la ri m Reo .r m .n r ane/or oth r f na actions Neither party's right of termination can be waived antes sgnetl writing If aliemative financing is pbtamatl. Customer understands that APR. a mount financed . fine charge. fatal of payments . and/or total sale price may change Should Customer take n delivery of the Vehicle or to F n a Aooroval Customer s to k e the Vehicle 1 lhr n Customer r d that such delivery a Bond tonal deliver, Customer do not ao or lieu a r ahts o interesty n the Vehicle by such Dermission to use it until Finimcm, Armoval I, obtained dithire, the, than If Financing Approval rs nor obtained Customer agrees Dealer has the aum—ty, to revoke Customer's permission to use Me Vehicle by requiring Me Vehicle's immediate In the event of dispute or legal action involving the parties, Customer shall OZ be entitled to recover from retain m Dealer under 11, 'T,,,, and Conditions' of Me RBO section E'Termination.' in Me same ... dam" as easred when Dealer any special damages. consequential damages, damages to property, damages for loss of use, loss of time, Customer took delwery loss of profits. or income, or any other incidental damages, including, but not limited to vehicle rental charges. I BY SIGNING BELOW I ACKNOWLEDGE THAT I HAVE READ, UNDERSTOOD. AND AGREE THAT THE DELIVERY OF This Order is not evidence of any cash payment Cash payments are evidenced by separate receipt document THE VEHICLE IS CONDITIONED ON MY OBTAINING FINANCING APPROVAL AND THAT THE TRANSACTION Any Deposit will only serve to hold the Vehicle from sale to another for 24 hours from this date CONSUMATES ONLY AFTER FINANCING APPROVAL Customer Customer Customer. TERMS AND CONDITIONS A Definitions- As used in this Order the terms. (a) "Customer" shall mean the party(ies) acquiring and/or tendering payment for the Vehicle, including a customer's designated agent, (b) "Vehicle" shall mean the vehicle which is the subject of this Order, (c) `Manufacturer" shall mean the manufacturer that manufactured the Vehicle, (d) "Trade-in" refers to the automobile(s), but not lease walk away, conveyed by Customer to Dealer and described on the front side of this Order, which is being applied towards the acquisition costs of the Vehicle. (e) "ACV' shall mean the actual cash value of the Trade -In, as determined by the National Auto Research Black Book Official Used Car Market Guide based on its condition, cumenl as of the date of Customer's delivery of the Trade -in to Dealer, or If the Trade -In is too old to be in such guide, the average auction price at the time of this Order at the Central Florda Automobile Auctions (open only to licensed automobile dealerships) of automobiles of similar equipment, condition, model and year as the Trade -In: (f) "Pre -owned Allowance Wor Discount" as identified on the front side of this Order is the sum of the ACV plus any discount and/or credit given by Dealer towards the price of the Vehicle, (g) "Demonstrator" (as defined by Chapter 320, Florida Statutes), commonly referred to as "Demo" will be considered a new Vehicle: (h) "executive vehicle' refers to a vehicle which was used exclusively by the manufacturer, its subsidiary, or a dealer for the commercial or personal use of the manufacturer's, subsidiary or dealer's employees and shall be considered a new Vehicle. Terms in general will be interpreted based on Florda statutory definition, if any, and (i) "RISC' shall mean the Retail Installment Sales Contract and any such addenda to the Retail Installment Sales Contract signed by Customer as part of the Vehicle purchase transaction 3 Vehicle. By taking possession of Vehicle, Customerunless otherwise confirmed in whiting by Dealer, acknowledges that Vehicle has no defects, flaws or irregulanfies that would be detected during a visual examination or that any equipment or option is missing Dealer shall not be liable for failing to deliver or for any delay in delivery where such failure or delay is due, in whole or in part, to any cause beyond the control or without the fault or negligence of Dealer Manufacturer has reserved the right to change the design of any new motor vehicle, chssls and any accessories or parts thereof at any time without notice and without obligation to make the same or any similar change upon any motor vehicle, chassis, accessories or parts thereof previously purchased by or shipped to Dealer or being manufactured or sold in accordance with Dealers contracts In the event of any such change by manufacturer, Dealer shall have no obligation to Customer to make the same or any similar change in any motor vehicle, chassis, accessories or parts thereof covered by this Order either before or subsequent to delivery thereof to Customer. Dealer shall have no duty to disclose intended design changes by Manufacturer Line items) of optional Dealer installed accessories, equipment listed on front side of this Order or on the Bill of Sale, service contracts or extended service policies shall not be construed as having been produced, supplied, issued by or installed by Manufacturer. With respect to a new Vehicle, all equipment and options existing at the time the Vehicle was shipped by the Manufacturer were produced by the Manufacturer and/or its world wide suppliers Other equipment, options and /or accessories, including, but not limited to radios, air conditioning and cruise control, may not H. Mandatory Mediation As a condition precedent to bringing any action relating to or arising out of this transaction, other than one that is expressly outside the scope of the arbitration provision in paragraph I below, the parties must first mediate the dispute before a Florida Supreme Court Civil Circuit Court certified mediatior. which mediation shall be conducted in the county where the Dealer's situated. The parties shall jointly select the mediator and equally divide the cost of the mediation. The parties shall use good faith in selecting the mediator and participating in the mediation. I. ARBITRATION AGREEMENT Dealer and Customer agree that any controversy. claim, suit, demand, counterclaim. cross claim, or third party complaint, arising out of, or relating to this Order or the parties' relationship with Dealer (collectively referred to as "Claim ") and/or the validity and enforceablitlity of this arbitration provision, shall be submitted to final and binding arbitration in the county and slate where Dealer is situated. 1. The agreement to arbitrate is governed by the Federal Arbitration Act, 9 U. S §1 et seq. and not by any state rule or statute governing arbitration. This agreement to arbitrate shall survive any termination, payoff or transfer of this contract. 2. The Parties agree that Claims shall be arbitrated by a single arbitrator on an Individual basis and not as a class or mass action. The Parties agree that the arbitrator may not consolidate proceeding of more than one person's claims. CUSTOMER EXPRESSLY WAIVES ANY RIGHT IT MAY HAVE TO ARBITRATE A CLASS OR MASS ACTION. The arbitration shall be administered by either JAMS Arbitration, Mediation, and ADR Services, 600 Brickell Ave., Suite 2600, Miami, FL 33131 (www.iamsadr.com) or any other nationally recognized organization that the parties may choose subject to mutual approval. The Arbitration shall be administered according to the arbitration service's then current applicable rules and procedures except (1) that the parties expressly waive the applicabfity of any rule governing class or mass action or (2) as set forth herein. Customer can obtain a copy of the rules of these organizations by contacting the arbitration organization or visiting its website. The Arbdrahoin fees shall be administered according to the arbitration service's fee schedule and then current applicable rules 3. The arbitrator shall be an attorney or refired judge and shall be selected pursuant to the applicable rules. Within thirty (30) days of the arbitrators appointment, the arbitrator shall establish the procedure as set forth herein for the exchange of information, bearing in mind the exploited nature of arbitration The arbitrator shall be subject to the ethical rules of the selected arbitration service. The arbitrator shall be guided by and apply the federal rules of evidence and governing substantive law in making an award. The parties agree that discovery will be minimal . one deposition for each party. each party may propound a single request for admssions, a single set of interrogatones, and a single request for production, each request being limited to 15 items. The parties upon written agreement signed by each may agree to additional discovery, but at no point will such discovery exceed discovery limitations set by the Federal Rules of Civil Procedure. PAGE 2 OF 3 be produces of the Manufacturer Neither the Manufacturer, nor Dealer warrant these items. Contact the vendor of such items to determine the warranty, if any for such hems. Dealer does not warrant or guarantee the mileage indicated on the used Vehicle is accurate or that it may not have been altered by persons in possession prior to Dealer. Customer acknowledges that new vehicles may be delivered by the Manufacturer with some in- transit damage to the vehicle and acknowledges that sometimes new vehicles are damages from being moved on or around the Dealers property Customer acknowledges that Customer may not be advised, except as requned by Florida Statutes, if such damage occurs to a new motor vehicle and is repaired. "In the event Customer purchases the Vehicle without financing, the Customer must accept and take delivery of the Vehicle within 48 hours from its availability, and failure to do so shall constitute a material breach of this Order." C Trade In Customer does grant. bargain, covey, sell assign and transfer to Dealer all of Customer's right, title and interest in the Trade -In. Customer fully warrants title to the Trade -In and that it is free and clear of all liens and encumbrances except as otherwise noted herein and will defend same against the claims of all persons whomsoever Customer agrees to deliver to Dealer satisfactory evidence of title to any Trade -In at the time of its delivery to Dealer. If Customer fails to pay any undisclosed or understated liens, Customer shall be in material breach of this Order. In the event that the Trade -In has more mileage than represented by Customer or any of Customer's representations regarding the Trade -In are false. Customer shall be obligaged to pay Dealer the difference between the ACV of the Trade -In as represented and the correct ACV within (10) days from written demand Dealer may recover consequential and incidental damages suffered by it arising from Customers breach of any warranty regarding the Trade -In. Dealer may reappraise the Trade -in if before its possession is delivered to Dealer, it is damaged or parts or accessories have been removed. If such reappraised value results in a -Pre -owned Allowance Wor Discount" that is lower than the allowance shown hereon, Customer may. if dissatisfied therewith, terminal this Order. D Rebate I Payment I Incentives. Dealer has no obligation to disclose to Customer the availabilty of any incentives or rebate. All incentives and rebates shown on the front side hereof are hereby assigned to Dealer. If Customer is receiving a discount or credit based on a specific relationship with the Manufacturer, Customer must furnish Dealer with all necessary documentation. information, verification and certificates within 30 days. In the event that Customer fails to provide same within this time period or in the event any down payment or deposit moneys are unpaid or non - negotiable (e.g.. NSF), Customer shall be in breach of this Order E Termination. In the event either Dealer or Customer terminate this Order as permitted herein, including, but not limited due to the failure to tender full payment for the Vehicle or obtain Financing Approvals under the terms of the RISC (a) Dealer will be entitled to the immediate return of the Vehicle and Customer shall be obligated to return the Vehicle to Dealer within 24 hours of the date of termination. and (b) Customer shall be liable to Dealer for S1 00 per mile used over and above 25 miles per day average, plus any wear, tear or damage to the Vehicle and diminution in value In the event that the Vehicel is not returned within this time period, such failure will constitute a material breach of this Order and Dealer shall have those remedies as described in paragraph "F' below. Otherwise, Customer will be entitled to the return of the deposit subject to a lien in favor of Dealer for any amount due it hereunder. If a Trade -In was given towards the Vehicle's acquisition, it shall be returned to Customer upon payment of a reasonable charge for storage and repairs (if any) or, if it has been already sold by Dealer, Customer shall be entitled to the 'Net Trade -in Proceeds ", calculated as follows: the ACV, less the sum of (i) liens, (ii) costs incureed by Dealer to repair and/or ready it for sale, and (iii) a selling commission equal to 15% of the ACV. If the Net Trade -In Proceeds is negative. then Customer shall be obligated to Dealer for that amount. F Dealers Recourse. In the event this Order is breached by Customer, Dealer shall: (a) have the right to the immediate return of Vehicle or to repossess the Vehicle, with or without legal action, and to peacefully enter onto any property in which Customer has an interest in order to effectuate such repossession, (b) be entitled to compensation for Customers use of Vehicle equal toe. (1) $1 00 per mile used. adn (ii) $30.00 for each day Customer is in possession of Vehicle, unless the Vehicle's Cash Pnce exceeds 520,000, then 545.00 per day. (c) be entitled to compensation for any damage, including but not limited to unusual wear and tear to the Vehicle and repossession related charges, as well as detailing and restocking costs; (d) have a lien on any Trade -In or the Net Tmde -In Proceeds, and any payments made by Customer hereunder. (e) have the right to attach and perfect a Gen against the Vehicle or Trade -In for those amounts due it hereunder, and Customer hereby consents to and authorizes same for which authority Customer grants dealer an irrevocable power of attorney to record that lien, and (f) be entitled to any other remedy available at law or equity. In the event Dealer repossesses the Vehicle, Customer shall hold harmless and indemnity Dealer from any liability, damages or consequential damages arising out of an authorized repossession, including any claims from Customer or any third parry asserting an interest in personalty left in Vehicle G. If any arbitration or action is brought to enforce or defend any provision of this Retail Buyer s Order, the RISC or any Addenda. ansing out of or relating to the sale, purchase or financing of the Vehicle or to the parties relationship, the prevailing party shall be entitled to recover all its costs (taxable or otherwise), expenses of any kind (including experts), and all attorney's fees up through and including any enforcement or appellate proceeding 4. The arbitrator's award shall be final and binding on all parties, except that in the event the arbitrator's award for a party is $0 or against a party in excess of $100,000, or includes an award of injunctive relief against a party that party may request a new arbitration under the rules of the arbitration organization by a three - arbitrator panel consisting of lawyers or retired judges. The appealing party requesting new arbitration shall be responsible for the filing fee and other arbitration costs subject to the arbitration service's rules and a final determination by the arbitrator of a fair apportionment of costs. 5. Both parties retain any right to self -help remedies. such as repossession as set forth herein. Neither party waives the right to arbitrate by using self -help remedy or filing suit 6. This arbitration requirement shall not apply to (a) any action by Dealer for replevin or repossession of the Vehide (but it does apply to any counter -claim thereto except as otherwise provided in this paragraph); or (b) any action within the exclusive jurisdiction of the small claims court as set forth in Florida Rules of Court 7.010. If an action is brought in small claims court and any circumstance removes such action from the jurisdiction of the small claims court, the matter must then proceed to arbitration in accordance with this agreement to arbitrate. 7. Any court having jurisdiction may enter judgment on the arbitrator's award. 8. To the extent that any part of this provision is ruled illegal or unenforceably by the arbitrator or any other finder of fact or law, such clause shall be deemed severed and the remaining clauses in this provision shall survive. This agreement to arbitrate shall survive the assignment of the RISC to a financing company /bank, and shall apply to all claims arising out of or relating to this Agreement or the Vehicle purchased under this Order, which are brought against the Dealer except as provided in subparagraph 6 above IF A DISPUTE IS ARBITRATED ACCORDING TO THIS PROVISION, THE CUSTOMER UNDERSTANDS AND AGREES: (1) TO RESOLVE ALL DISPUTES WITH DEALER BY BINDING ARBITRATION RATHER THAN THROUGH LITIGATION IN ANY COURT, EXCEPT AS SPECIFICALLY SET FORTH IN PARAGRAPH 6 ABOVE; (2) THAT THE CUSTOMER GIVES UP THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY CLASS CLAIM AGAINST DEALER, INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS; (3) THAT OTHER RIGHTS THAT CUSTOMER AND DEALER WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION, FOR EXAMPLE, THE AMOUNT OF DISCOVERY; (4) THAT CUSTOMER WAIVES ANY AND ALL RIGHT TO A JURY TRIAL ON ANY CLAIM, REGARDLESS OF THE ENFORCEABILITY OF THIS ARBITRATION PROVISION. Miscellaneous. This Order, the RISC, any Addenda and any other document signed contemporaneously shall be deemed a part of the same transaction to the purchase of the Vehicle. Moreover. this Order, including the terms and conditons herein, shall survive the execution of the RISC. Waste tire fees and lead -acid battery fees, if applicable and if included in the price of Vehicle, are payable to the State of Florida, Department of Revenue. Dealer is not the agent of the Manufacturer and is not bound by any representations Manufacturer makes. This Order supersedes any prior contract in this transaction and comprises the complete and exclusive statement of the terms relating to the subject matters covered hereby, and constitutes the entire Order between the parties except as otherwise set forth herein. there are no representations or contracts between the parties except as set forth herein or contemporaneously executed as part of the same transaction as set forth in this Order. This Order may not be changed, modified or extended except by an instrument in a writing signed by the parties. In the event this Order or any other contract or document executed by Customer contains a clerical or compulsion error or if additional documentation is necessary in order to effectuate the parties' intnet, Customer agrees to cooperate to sign such (corrected) tlocumentabon and any other necessary additional documentation Should Customer unreasonably refuse to give such cooperation, Customer shall be in material breach of this Order. Each provision of this Order shall be severable from every other provision of this Order for the purpose of determinging the legal enforceability of any provision in this Order. By executing this Order Customr certifies: (1) that Customer is 18 years old or older (2) Viet Crammer has read understands and accepts all provisions of this Order, dw Arbitration provision and the Warramy Stsfemerrt (3) that Customer enters into this Order freely and voluntanly in the absensce of any duress or coercion; and (4) that Customer agrees to pay, unless prohibited by law, any and all taxes applicable to this transaction. If the amount of taxes and government fees identified on the front side hereof is less than the correct amount, Customer shall be obligated to Dealer for such difference. If the amount charged exceeds the correct amount, Dealer shall refund to Customer the difference. Dealer's obligations and rights hereunder may be assigned as this Order shall inure to the benefit of Dealer, its successors and/or assigns. All paragraph headings set forth in this Order are intended for convenience only and shall not control or affect the meaning or construction of the provisions thereof All remedies afforded in this Order shall be taken and construed as cumulative, that is, in addition to every other remedy provided herein or by law. Dealer shall not be liable for any punitive, special, incidental or exemplary damages The failure of Dealer to enforce at any time any of the provisions of this Order, to exercise any option which is herein provided or to require at any time performance by Customer of any of the provisions hereof shall in no way be construed to be a waiver or create an estoppel from enforcement of such provisions. norm any way shall it affect the validity of this Order or any part thereof or the right of Dealer to thereafter enforce each and every such provision or to seek relief as a result of a prior breach. This Order is an essential document to any claim by Customer against Dealer In connection with this transaction. PAGE 3 OF 3 Dealer Information MIAMI LAKES CHEVROLET 16600 NW 57TH AVE HIALEAH, FL 33014 Phone: 305 -558 -1400 Fax: 305 - 825 -1948 1 GNSCBKC5FR565276 Model Year: 2015 Event Code: 5000 - Delivered to Dealer Make: Chevrolet Order #: SFNXWX Model: Tahoe MSRP: $54,295.00 CC15706 -2WD PEG: 1 LT -LT Preferred Equipment Group Order Type: TRE- Retail Stock Primary Color: GBA -Black Stock #: N/A Trim: H21.1- 1-eather, Jet Black, Interior Trim Inventory Status: Available Engine: L83- Engine: 5.3L, V -8, SIDI, Active Fuel Mgt Total Cash Allowance: Not Available Transmission: MYC -6 -Speed Automatic Additional Vehicle Information Chargeable Options No Cost Options 106- Radio, 8" Color Screen, Nav, Bluetooth, w/ USB Port NHT -Max Trailering Package RD4- Wheels, 20" x 9" Polished Aluminum W4- Mobile Internet Connectivity C5Y -GVW Rating 7100 Lbs FE9- Federal Emissions L83- Engine: 5.3L, V -8, SIDI, Active Fuel Mgt MYC -6 -Speed Automatic MSRP $495.00 $450.00 $1,400.00 $0.00 Other Options 1 LT -LT Preferred Equipment Group AN3- Seats: Front, Full Feature Bucket ARN- Seats, 3rd Row 60140 Bench, Manual Folding AU3 -Power Door Locks B30 -Floor Covering: Color Keyed Carpet with Floor Mats BTV- Remote Engine Starting Pkg CE1- Wipers, Front intermittent, Rainsense DD8 -ISRV Mirror, Electro- chromatic G80- Locking Differential, Rear GU6 -Rear Axle, 3.42 Ratio JF4- Pedals Adjustable, Power K34- Cruise Control KG4- Alternator, 150 AMP KNP- Transmission Cooling System QSS- Tires, P275/55R20, All Season, Blackwall RC4 -Tire, Spare, P265/70R17 Blackwall SLT -Sales Package TG5- Compact Disc and MP3 Player UD7 -Rear Parking Assist Sensors UE1- OnStar Communication System UFL- Sensor, Lane Departure Warning UK3 -Radio Controls - Steering Wheel UTJ -Theft Protection System, Unauthorized Entry V54- Luggage Rack, Roof Mounted, Black Z82- Trailering Package -" indicates vehicle belongs to Trading Partner's inventory A45- Driver Personalization Memory: Seat and Mirrors AQQ- Keyless Remote Entry AT6- Seats, 2nd Row 60/40 Bench, Manual Configurable AVF- 2015iMY Interim Program Processing Code 1358 -Floor Mats Frt & Rr, Carpeted Insert C49- Defogger, Rear Window, Electric C.14-Climate Control, Electronic - Multi -zone DL8- Mirrors, O /S, Power, Heated GBA -Black H2U- Leather, Jet Black, Interior Trim JL1- Integrated Trailer Brake Controller KC4- Cooler, Engine Oil K14-1 10 Volt Electrical Receptacle, In Cab N37- Steering Column, Manual Tilt & Telescoping R6X- Option Package Discount Not Desired SAF -Spare Tire Lock TB5 -Rear Lift Gate, Power U2MSiriusXM Satellite Radio (subscription) UDD- Driver Info Display UEU- Sensor, Forward Collision Alert UG1- Homelink Garage Door Opener UQA- Speaker System: Bose Premium UVC -Rear View Camera System Y65- Driver Alert Package ZY1- Paint, Solid Disclaimer: GM has tried to make the pricing information provided in this summary accurate. Please refer to actual vehicle invoice, however, for complete pricing information. GM will not make any sales or policy adjustments in the case of inaccurate pricing information in this summary. 02-10-'I5 15:40 FRDI- T rc) i c a 1 Che%'. ro 1 et :305- 7�;1 -7:1g7 T -175 P0001 %0001 F -610 Interest Rates, Pricing, Rebates and Terms are estimates, subject to change and apply only on 0211012015. FOR INTERNAL USE ONLY V *x ** * * *x" 01.06.27,00 (C) Guest Concepts, Inc. —All Rights Reserved — 702-9984800 4. 2011 FORD TAURUS Miami Lakes Automall S EL 16600 NW 57th Ave # 33014 Hialeah, Florida 33014 CUSTOMER INFORMATION VIN: I[--AHP2EW6BG159936 Disposition: Retail city opa locka Odometer: 23.764 Miles Purchase: No (305) 953.2868 Color: Appraiser: J. Padron APPRAISAL VALUES Reconditioning: $810 Prof-it Objective: $2.000 RBOOK Unit Cost $12.310 Asking Price. $14.310 BLACK BOOR" 2/3/2(115 Extra Clean Clean Average Rough RECONDITIONING ITEMS Dents & Scratch... $200 Reconditioning ... $610 $119500 2/3/2015 $14.675 BOOK VALUES $15,025 $14.150 Market Average Market Days Supply Ranking $350 $16349 Overall 88 Price Rank: 4 ol'27 51 546 Miles Like Mine. 80 vRank: I ot'27 $450 $17,075 Ad] % Cost To Market 65 % Wholesale Finance AdvanceT" Retail $14,550 Price Adi Total Price Adi Trval Prim Adi Total $14.675 $350 $15,025 $14.150 $400 $14.550 $17,950 $350 $18.300 $13575 $45(1 $14,(125 $14,150 $400 $14,550 $16.625 $450 $17,075 $12.025 $600 $12,625 $14,150 $400 $14,550 $14.850 $600 $15,450 $9,925 $0 $9.925 $14.150 $400 $14,550 $12.225 $0 $11225 NAAA National Regional Avg Auction Price $11,244 $11.233 tifMR "'holesale Retail 2/3/2015 Price Ad' Total Price Ad Total Above $12,950 $1600 $15.5501 $17.400 $2.600 $20,000 Average $11.150 $1600 $13,750 $15,400 $2,600 $18,000 Below $9,400 $1600 $12000 $13350 $2,600 $15,950 Printed by Eugene Rihl on 2/3/2015 3 33 PM r( 2015 vAuto, Inc. ^Municipal Lease - Purchase Plan ZrA To: CITY OF OPA -LACKA Prepared By: SAMUEL LEMUS JR Date: 02/06/2015 Municipal Lease- Purchase Plan Page 1 of 1 Ally Financial ( "Ally') appreciates the opportunity to provide the following municipal lease /purchase financing quote for the units described below. Term in years 5 Advance Rental, to be paid Monthly Equipment to finance 1 Equipment Usage Other Annual Rate 6.24 The payment for each unit is calculated by multiplying the Lease Factor by the principal amount for that unit. Principal: $42,930.49 Payment: $830.44 Payments for different principal amounts can be calculated in the same method. The quoted interest rate is the rate Ally would charge as of the date of this letter. Ally reserves the right to change the rate if necessary. The rate will be determined upon delivery of the equipment and fixed for the term of the lease. The end -of -lease option to purchase the unit(s) described above is $1 per unit. This quote is for tax - exempt municipal lease /purchase financing only, and the following minimum conditions must be met: ♦ Qualification as a tax - exempt municipality for federal tax purposes Qualification of unit as "essential use" Execution of documentation acceptable to Ally 1 Ally's standard program parameters are followed Ally must receive copies of audited financial statements and the current year's budget Credit review and approval by Ally 0 The municipality must pay all sales and property taxes, maintain the unit(s), and provide for physical damage and liability insurance acceptable to Ally it No adverse change in tax law related to the proposed transaction If any further assistance is required, please do not hesitate to call Ally at 1- 800 - 471 -4622. NOTE: This rate will be locked for the following number of days: 90 CHEVROLET i R� UM- George Galindo Certified Sales Professional Main: 305 -558 -1400 ext 11126 16600 N.W. 57th Fax: 305- 825 -1948 Miami Lakes, FL 3: Direct/Cell: 954- 668 -0371 Palmetto & 57th george .galindo@miamilakesautomall.com www.MiamiLakesAutomall https:Hsecuredealerportal.ally.com/group/dealer/municipal-quo-- Muni„ipal Document ally INSTRUCTIONS FOR COMPLETING THE ALLY MUNICIPAL LEASE AGREEMENT Outlined below are the instructions to properly complete the Agreement. First payment of $830.44 will be due upon delivery. Dealer should keep the first payment. 2. Proceeds in the amount of $ 42100.05 should be drafted or Smartcashed. This amount includes Dealer Commission of $0.00. Please have the Municipal Official SIGN and DATE the signature lines on the right side of: Page 5 (only the top right signature line); the Municipal Certificate; Page 6; the Delivery & Acceptance Certificate; Page 7; and the Schedule B - Amortization Schedule; Page 8. The Municipal Official is the person who has the authority to obligate the municipality. Page 1 of 9 4. The Attorney for the Municipality must sign and date the Opinion of Counsel on the bottom right side of page 5. 5. A person (other than the authorized Municipal Official) must sign on the left side of the Municipal Certificate - Page 6 to Attest to the truth of the statement. Also, write or type the name of the authorized Municipal Official in the first blank spot on Page 6. 6. Fill in the Equipment Location on the Delivery & Acceptance Certificate. This is the address where the vehicle will be garaged. 7. Leave all Ally signature spots blank; an Ally representative will sign there. IMPORTANT. Vehicles must be titled in the NAME of the MUNICIPALITY with Ally Financial P.O. Box 23020, Jacksonville, Fl., 32241 recorded as LIENHOLDER. Once the Agreements have been executed as outlined above (with no alteration), forward both originals to Ally Contract Processing Center at 2911 Lake Vista Dr, Lewisville, TX 75067 with the following: - a copy of the application(s) for title - a copy of the manufacturer's invoice(s), chassis & body (if applicable) - evidence of insurance, form 685 DLP - a signed Ally Financial Credit Application If you have any questions, please call me at 1- 800 -471 -4622 CnEMM _ LAIC Jem M... AutoMal� o George Galindo Certified Sales Professional Main: 305 -558 -1400 ext 11126 16600 N.W. 57th Ave. Fax: 305- 825 -1948 Miami Lakes, FL 33014 Direct/Cell: 954- 668 -0371 Palmetto & 57th Ave george .galindo@miamilakesautomall.com www.MiatniLakesAutomaH.com t. u«,..// ,.,.,..._..,7,_._1,........a,.l —11 -. — __._a_ —.--1 a____- - -_ -_4 n Ile, In A1 r