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HomeMy WebLinkAboutresolution.council.004-04 RESOLUTION NO. ~_ Series of 2004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT FOR LEASE OF MOTOR VEHICLES FOR USE AS POLICE PATROL CARS, BETWEEN THE CITY OF ASPEN AND SAAB CARS USE, INC., AND AUTHORIZING THE MAYOR OR CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a Contract for the lease of seven vehicles for use as police patrol cars, between the City of Aspen and SAAB cARs, USA, Inc., a true and accurate copy of which is attached hereto as Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO: That the City Council of the City of Aspen hereby approves that Contract for the lease of seven vehicles for use as police patrol cars between the City of Aspen and SAAB CARS, USA, Inc., a copy of which is anneXed hereto and incorporated herein, and does hereby authorize the Mayor or City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Asp en on th e~ay o~/~0 4~ Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a tree and accurate copy of'that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held on the day~ /f//~ ~<athryn S. K~}tfh, City ~l~rl[ "'"- ' MOTOR VEHICLE LEASE AGREEMENT THIS LEASE AGREEMENT, effective as of the 1s~ day of January, 2004, by and between SAAB CARS USA, INC., with its prinmpal place of business at 4405-A International Blvd., Norcross, Georgia 30093 (hereinafter "SAAB"), and the CITY OF ASPEN, COLORADO, with its principal place of bus~ness at 130 South Galena Street, Aspen, Colorado 81611 (hereinafter "Aspen") (together, _ the "Parties"). WITNESSETH: WHEREAS, SAAB is the sole United States ~mporter-distributor of passenger cars (hereinafter "Saabs" or "Saab Cars") manufactured by Saab Automobile AB; WHEREAS, Aspen has in the past successfully used Saab Cars in its police work and wishes to continue the use of such vehicles; WHEREAS, SAAB is willing to lease to Aspen a limited number of Saab Cars for such use under the terms and conditions hereinafter set forth in recognition of the public relations value of having Saab Cars placed in such serwce; and WHEREAS, Aspen has agreed to lease seven (7) Saab Cars from SAAB on the terms and conditions hereinafter specified. Now, THEREFORE, in consideration of the mutual covenants and promises contained herein, IT IS HEREBY AGREED: 1. Property. Covered and Term SAAB hereby leases to Aspen and Aspen hereby leases from SAAB the Saab Cars described m Exhibit "A", attached hereto and incorporated by reference herein. Any changeS to the specific Saab Cars to be delivered by SAAB hereunder shall be reflected in writing and executed by the Parties. Such writing shall be made a part of this Agreement. The lease term hnder this Agreement shall commence with respect to each such Saab Car as set forth in Exhibit A and shall continue with respect to each such Saab Car for the twelve (12) month period specified therein under "Lease Term," unless sooner terminated as provided in this agreement. This agreement shall automatically renew for any or all such Saab Cars for an additional twelve (12) month period "Renewal Term" unless, at least sixty (60) days prior to the expiration of the Lease Term, either party provides written notice to the other that it shall not renew for any or all such Saab Cars for a second twelve (12) month renewal term. In no event will this Agreement continue beyond one Renewal Term and will terminate no later than December 31, 2005, unless sooner terminated as provided for in this Agreement. It is expressly understood and agreed that this is a contract of leasing only, and that Aspen has by these presents acqmres no other right, title, or interest in or to the property described herein. It is also understood and agreed that the Saab Cars, as identified on Exhibit A, are the subject matter of this Agreement, and are therefore subject to the terms and conditions contained in this Agreement, and not any other Motor Vehicle Lease Agreement entered into by the Parties, as amended from time to time. 2. Delivery SAAB, at its expense, will deliver the Saab Cars to a designated Saab dealer in Aspen's vicinity (hereinafter "Aspen's Saab Dealer") on or about the delivery date specified in Schedule A. The Saab Cars will be given a standard pre-del/very inspection and preparation by Aspen's Saab Dealer at SAAB's expense prior to being delivered to Aspen. Aspen shall be solely responsible, at its expense, for any special preparation of the Saab Cars for police work. It is understood and agreed, however, that SAAB shall incur no liability to Aspen for failure to deliver or delay in delivery of the Saab Cars if the same results from war, fire, labor disputes, accident, acts of God, acts of any government, riots, interruptions-of navigation, embargoes, blockades or any other causes beyond its control. 3. Rent: Terms of Payment Aspen agrees to pay SAAB for.the lease of the Saab Cars hereunder during the term of this Agreement rent in the amount of $350.00 per month for each such vehicle until the expiration of such vehicle's lease term, up to a maximum of twenty-four (24) months per vehicle, plus any applicable sales, use or personal property tax now in force or hereinafter imposed upon SAAB during the term of this Agreement and any applicable federal excise tax payable by SAAB. SAAB will invoice Aspen therefore monthly, and the terms of payment shall be "Net-30 days." It is understood and agreed that Aspen shall pay all registration fees, any special license or tax required and any mileage taxes, fuel surtaxes and highway or bridge tolls which may result fi.om the operation of the Saab Cars by Aspen. Aspen shall cause the Saab Cars to be registered in SAAB's name, consistent with provisions of law applicable to SAAB's capacity as Owner and Aspen's capacity as lessee. 4. Painting~ Lettering and Appearance SAAB shall deliver the Saab Cars in standard paint only, and Aspen shall at its expense cause the Saab Cars to be painted and lettered to its specifications. 5. Alterations: Addition of Equipment (a) Aspen may equip the Saab Cars with optional equipment related to its police work; provided, however, that if, in the sole opinion of SAAB, any of such eqmpment can or. does cause or induce excess wear or mechanical problems with the functioning of the Saab Car or any of its components, SAAB's obligation under its warranty to repair such wear or mechanical problems may, in SAAB's discretion, be deemed null and void, unless SAAB has rendered a prior written and/or verbal opinion regarding such equipment as provided in paragraph 5(b) hereinbelow. Prior to returning any vehicle to SAAB, Aspen shall dismount all such eqmpment and may retain the same. Failure to dismount any such equipment wilt cause title thereto to vest in SAAB. All costs incurred by Aspen in connection with installing and removing such equipment shall be borne exclusively by Aspen. (b)' Except as provided in Paragraph 5(a) hereof, Aspen shall not make any structural alterations or affix any non-police work related special equipment to the Saab Cars 2 e without the prior written consent of SAAB. Aspen shall be entitled to consult SAAB for a prior opinion on the likelihood of excess wear or mechanical problems resulting from the mounting of any particular piece of optional equipment and SAAB shall be bound by its written opinion in the event of Subsequent warranty claims. (c) Aspen understands and agrees there will not be an operational "OnStar" system in the Saab Cars it shall receive hereunder. Covenants, Representations and Warranties of Aspen Aspen covenants, warrants and represents to-SAAB as follows: (a) That the Saab Cars leased hereunder shall not be used or operated: (i) in violation of any applicable provision of law or by any person under the age of 18 or who is not qualified and duly licensed as a driver; (ii) by any person other than the persons employed by Aspen who are subject to Aspen's exclusive direction and control; (iii) by any person while under the influence of any intoxicants or drugs; (iv) in excess of applicable speed limits (except in the usual course of police business, including police training), or in a reckless or abusive manner, or ~n any race or speed contest; (v) outside the scope of the driver's employment and the usual course of Aspen's police business in accordance with the established policies of the City Council; (b) That, subject to the terms of this Agreement, the Saab Cars will at all times during this Agreement be operated under Aspen's exclusive dominion and control in accordance with the terms of this Agreement; (c) That Aspen will file or assist SAAB in filing any and all returns or reports required by any governmental body as a result of the leasing, use or operation of the Saab Cars hereunder; (d) That Aspen will assume 'and pay for all normal operating expenses associated with the use and operation of the Saab Cars, including, but not limited to, fuel, lubricants, ti_res, antifreeze, chains and any and all equipment required by Aspen's use of the Saab Cars; Acknowledgments of Aspen Aspen acknowledges and agrees: (a) That the Saab Cars are the sole and exclusive property of SAAB and must be returned to SAAB or its designee at the expiration of the Lease Term; (b) That it has inspected the Saab Cars in the presence of SAAB's agent and that they are received by Aspen in good condition mechanically and otherwise; (c) Neither Aspen nor the drivers of the Saab Cars shall in any event be or be deemed the agent, servant or employee of SAAB in any manner or for any purpose whatsoever; .(d) That on the expiration of the 'Lease Term for each Saab Car, or sooner where otherwise provided hereunder, Aspen, at its own expense, will deliver each Saab Car to the Saab dealer designated by SAAB in good condition, normal wear and tear excepted and m accordance with Section 10 (c) below. (e) Aspen shall provide at its own cost and expense all non-warranty labor required at its own cost and expense, all non-warranty labor required to perform normal maintenance services in accordance with the maintenance instructions set forth' in the applicable Service Manual and to purchase all spare parts required for normal maintenance services as aforesaid at the prices therefore established by SAAB. Normal maintenance shall mean all service required by the Service Manual to keep the Saab Cars in proper operating condition, and shall not include such services and/or spare parts as may be required as a result of defects in material and workmanship in the Saab Car or in any component part thereof which are covered by SAAB's standard vehicle warranty, which ~s the only warranty given with respect to the Saab Cars. In accordance with such warranty, SAAB will furnish the local dealer with all spare parts required to remedy any defects in material and workmanship covered by the warranty and shall reimburse the local dealer for labor provided by it to remedy such defects at its standard rate. Aspen understands that given the unique use of the Saab Cars as police vehicles, the tires of the Saab Cars may experience heavier than normal wear and tear, and thus require replacement sooner than would be expected under normal use. The fires of the Saab Cars are not covered, directly or indirectly, under the Saab Cars USA, Inc. Limited Warranty or any other warranty of SAAB. 8. Experimental Data; Inspections (a) SAAB may send an employee to Aspen periodically during the term of this Agreement to inspect the Saab Cars in order to evaluate their use in Aspen's police work. Aspen shall fully cooperate with such employee and shall permit him to inspect the Saab Cars at Aspen's premises during normal business hours, and shall endeavor to provide him with such information regarding the Saab Cars as he may reasonably request. (b) Aspen shall provide SAAB with such information with respect to the Saab Cars as may be compiled by it through its cost control system or otherwise, including, but not limited to, information with respect to mileage, maintenance costs, and fuel consumption, and details of any instances of faulty operation or mechanical problems. Aspen shall provide such information on a monthly basis, if requested by SAAB. 9. Insurance Aspen shall arrange for all Saab Cars leased hereunder to be covered from the d~te this Agreement commences by the auto 1/ability and comprehensive and collision insurance policy or policies which presently cover other motor vehicles owned or leased by Aspen, as said policy or policies may be modified or replaced during the term of this Agreement. SAAB shall be a named insured under such auto liability policy or policies and loss payee under such comprehensive and collision policy or policies. It ~s agreed that the liability insurance shall have limits of not less than a $300,000.00 primary liability insurance with a $1,000,000.00 excess blanket coverage for combined limits of liability for bodily injury 4 and damages to property resulting from any one accident, and that such comprehensive and collision insurance shall insure the Saab Cars for their actual cash value. Aspen shall arrange for such insurance policy or policies to provide that the coverage thereunder shall not be cancelled or altered so as not to conform to the requirements of this Agreement without ten (10) days prior written notice to SAAB. Aspen shall deliver to SAAB contemporaneously with the execution of 'this Agreement and thereafter upon renewal of the required insurance, a certificate of insurance evidencing Aspen's compliance with the ansurance requirements detailed above. 10. Hold Harmless Aspen, within its legal ability to do so under the Constitution of the State of Colorado and its home-rule charter and without in any way or manner intending to waive or waiving the defenses or limitations on damages as to non-parties to this Agreement provided for under the Colorado Governmental Immunity Act, the Colorado Constitution, its home-rule charter or under common law or the laws of the United States or the State of Colorado, shall indemnify and hold harmless SAAB against any and all Of the following: (a) all damages which are reduced to final judgmem in a court of competent jurisdiction and involve any negligent act or omission by Aspen, its agents, officers, or employees, in connection with the performance of this lease agreement arising out of the use or operation of the Saab Cars by Aspen. (b) All loss, damage, cost and expenses resulting from Aspen's violation of any term of this Agreement or breach of Aspen's violation of any term of this Agreement or breach of Aspen's warranties as expressed herein. (c) All loss or damage to the Saab Cars during the lease period, not arising out of any negligence on the part of SAAB, its agents, servants and employees, and in accordance with Schedule B - General Guidelines for Vehicle Evaluation On Surrender of Vehicle, attached hereto and incorporated by reference herein. (d) The value of all tires, tools, standard equipment and accessories originally 'provided by SAAB that are lost or stolen from the Saab .Cars. (e) All costs of collection or repossession incurred in connection with the collection of any amounts payable by Aspen to SAAB under the provisions of this Agreement, through an attorney or collection agency, whether collected by suit or otherwise. Aspen's failure to pay all charges when due may result, at SAAB's option, in a termination of this Agreement pursuant to the provisions of Paragraph 11 hereof, provided however, that SAAB shall provide Aspen with written notice of such failure and a thirty (30) day period in which to remedy the same. (f) Ail damages to property resulting from the operation of the Saab Cars off a public road. (g) Any loss or damage arising out of a labor dispute. (h) Any fines, forfeitures, seizures and penalties arising out of the use or operation of the Saab Cars by Aspen in violation of.any applicable provision of law. 11. Termination; Recovery of Saab Cars (a) (b) In the event of any violation or default by Aspen with respect to any of the terms of this Agreement, SAAB may terminate this Agreement by giving thirty (30) days written notice thereof to Aspen by registered mail, return receipt requested, during which period Aspen may cure said default. In the event Aspen continues in default after said thirty (30) day period in which to cure, SAAB may recover the Saab Cars wherever they may be located. Upon the' expiration or termination of this Agreement for any reason, Aspen shall make the Saab Cars available for pickup by the local dealer, free and clear of all 'liens and encumbrances caused by or arising out of any act or omission of Aspen. (c) Aspen shall be responsible for reconditioning expenses caused by other than normal wear and tear. Certain examples are more fully described in Exhibit B. -12. ItoldingOver In the event that Aspen shall, with the written c~nsent of SAAB, at any time retain possession of any Saab Cars beyond the expiration or termination of the lease term therefor, then Aspen shall hold said SaabCars upon the same terms and conditions as are set forth in this Agreement, but no such retention of possession or "holding over" shall operate to renew this Agreement or to extend the lease term hereunder without the prior written consent of SAAB. 13. Miscellaneous (a) Aspen agrees to complete a notice of loss for any accident, loss of or damage to any of the Saab Cars and forward a copy of the notice within five (5) working days of the occurrence to Saab Cars USA, Inc., 4405-A International Blvd., Norcross, Georgia 30093, Atto: Risk Manager. (b) Aspen shall not sublet or relet any of the vehicles used hereunder or assign this Agreement nor any of its rights or obligations hereunder. (c) This Agreement shall be binding upon and shall operate for the benefit of the parties hereto and their legal representatives, successors and assigns. t21) This Agreement shall be governed by and construed ~n accordance with the laws of the State of Colorado. (e) This Agreement shall constitute the entire agreement, and shall supersede any and all prior.agreements, between the parties with respect to the subject matter hereof, and may not be changed, amended or modified except by an instrument in writing signed by both of the Parties. (f) The waiver by either Party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach of the same or any other provision of this Agreement. (g) Notices to be g~ven to the Parties to this Agreement shall be considered to be given if personally delivered or if deposited in the United States Mail to the parties by registered or certified mail at the addresses indicated below, or such other addresses as may be substituted upon written notice by the parties or their successors or assigns: CITY OF ASPEN City Manager 130 South Galena Street Aspen, CO 81611 SAAB CARS USA, INC. 4405-A International Blvd. Norcross, GA 30093 Attention: Alan J. Lowenthal, General Counsel IN WITNESS WHEREOF, the parties have duly executed this Agreement the day and year first written above. SAAB CARS USA, INC. Xl~enneth F. Adams ¢ice President & Chief Financial Officer Attest: CITY ~RADO .~~~~_~ By: Mayo~ 7 EXHIBIT "A" LEASED VEHICLES EXHIBIT "B" GENERAL GUIDELINES FOR VEHICLE EVALUATION ON SURRENDER OF VEHICLE EXTERIOR PAINTED SURFACE EACH VEHICLE WILL BE RETURNED TO SAAB IN GOOD MECHANICAL AND OPERATIONAL CONDITION. TOWN OF ASPEN, UPON REQUEST WILL FURNISH DOCUMENTATION THAT RECOMMENDED MAINTENANCE SERVICES HAVE BEEN COMPLETED AT THE APPROPRIATE MILEAGE INTERVALS. THE VEHICLE WILL HAVE NO DENTS IN THE BODY EXCEPT WHAT IS KNOWN AS NORMAL WEAR. ANY DEFECT LARGER THAN ONE (1") INCH IN DIAMETER WILL BE CONSIDERED NOT NORMAL WEAR AND WILL BE REPAIRED BY TOWN OF ASPEN OR CHARGED FOR IT AT THE TIME OF SIGN-OFF. IF A CHI? OR NICK DOES NOT REQUIRE METAL WORK OR FILLING, IT IS NOT CHARGEABLE. MOLDINGS MOLDINGS OF BRIGHT METAL, LIKE BUMPERS, SERVE A PROTECTIVE FUNCTION. THEY CATCH THE IMPACT OF OBJECTS THAT OTHERWISE WOULD DAMAGE THE SHEET METAL AND PAINT. DAMAGE TO MOLDINGS, THEREFORE, ARE NORMAL WEAR AND TEAR SINCE THE MOLDING HAS MERELY TAKEN ABUSE IT WAS DESIGNED TO TAKE. TOWN OF ASPEN WILL PAY ONLY FOR DAMAGE OR DEFACEMENT CREATED BY SEVERE IMPACT. THE APPEARANCE OF THE DENT OR SCRAPE WILL GIVE A DEFINITE INDICAT, ION OF HOW THE DAMAGE WAS DONE. FOR EXAMPLE, THE OPENED DOOR OF A CAR PARKED ALONGSIDE MAY MAKE A VERTICAL DENT TO THE MOLDING. THIS DENT IS FUNCTIONAL. THE MOLDING HAS PROTECTED THE EXPENSIVE PARTS OF THE BODY IN A NORMAL DRIVING SITUATION. SEVERE IMPACT, AS IN MINOR OR MAJOR COLLISION, USUALLY TAKES THE FORM OF HORIZONTAL DEFACEMENT OF THE MOLDING. TOWN OF ASPEN IS THEN CHARGEABLE FOR COST OF REPAIRS OR REPLACEMENT. CARS WHICH DO NOT HAVE MOLDINGS TO PROTECT THE SHEET METAL ALSO RECEIVE DAMAGE IN THE FORM OF VERTICAL DENTS IN THE SHEET METAL ITSELF. TOWN OF ASPEN IS CHARGEABLE FOR COST OF REPAIRS OR REPLACEMENT DUE TO SUCH DAMAGE. GRILLES DAMAGE TO A FRONT GRILL FALLS INTO FOUR CATEGORIES: 2. 3. 4. SEVERE DAMAGE THAT IS BEYOND REPAIR; LESSER DAMAGE THAT MAY BE REPAIRED MINOR BLEMISHES THAT ARE NORMAL WEAR AND TEAR; AND, CRACKS OR METAL FAILURE CAUSED BY DEFECT IN CONSTRUCTION OF THE AUTOMOBILE. TOWN OF ASPEN WILL PAY FOR REPLACEMENT OF A GRILLE IN CATEGORY 1 AND PAY THE CHARGES NECESSARY TO REPAIR A GRILLE IN CATEGORY 2 BUT WILL ASSUME NO RESPONSIBILITY FOR ITEMS IN CATEGORIES 3 AND 4. 9 NICKS FROM FLYING STONES, ETC. ENCOUNTERED BY THE FRONT END GRILLE OF A MOVING CAR ARE NORMAL WEAR AND TEAR. FA_ILURE OF A DEFECTIVE GRILLE USUALLY IS MANIFESTED BY A BREAK OR BENDING OF THE MATERIAL IN ABSENCE OF ANY SIGN OF IMPACT. IF DEFACEMENT OF THE GRILLE IS SUCH THAT IT SERIOUSLY DETRACTS FROM THE SALEABILITY OF THE CAR, REPLACEMENT IS CHARGEABLE TO TOWN OF ASPEN. WHEEL COVERS WHEEL COVERS, TRIM RINGS AND HUBCAPS SUFFER MINOR DAMAGE IN THE ORDINARY COURSE OF DRIVING. ONLY THE MORE SERIOUS DENTS, BENDS AND SCRAPES CAUSED BY SDESWIPES ARE CHARGEABLE TO TOWN OF ASPEN. MINOR DENTS AND SCAPES ARE CONSDERED NORMAL WEAR AND TEAR. CARPETING, UPHOLSTERY AND INTERIORS SOILED UPHOLSTERY IS NOT CHARGEABLE TO TOWN OF ASPEN SINCE IT CAN BE CLEANED, BUT STAINED UPHOLSTERY WHICH CANNOT BE CLEANED IS CHARGEABLE. CIGARETTE BURNS AND SINGES CONSTITUTE ABUSE AND ARE CHARGEABLE TO TOWN OF ASPEN. RIPS AND TEARS OF UNSIGHTLY SIZE ARE CHARGEABLE, BUT NOT SMALL TEARS OR SEAM SEPARATIONS. THE SAME APPLiES TO DOOR PANELS AND INTERIOR TRIM. IN THE HEADLINING, RIPS OVER ONE (1") INCH IN LENGTH ARE CHARGEABLE. MINOR TEARS ARE NOT. TRIANGULAR SHAPED TEARS ARE CHARGEABLE. FRONT FLOOR MATS AT THE HEEL POSITION CAUSED BY A PERSON'S SHOE WHEREIN THEY WERE DEPRESSING THE ACCELERATOR, WEAR IN THIS AREA CAN BE CLASSIFIED AS NORMAL WEAR AND TEAR. TOWN OF ASPEN WOULD NOT BE CHARGED. WHEELS AND TIRES TIRE RIMS MAY BE BENT OR SCRAPED TO A VARYING DEGREE. TOWN OF. ASPEN HAS AN OBLIGATION TO REPAIR OR REPLACE DAMAGED RIMS DEPENDING ON THE DEGREE OF DAMAGE. IF THE ROLLBACK OF THE RIM IS NOT TOO SEVERE, IT MAY BE STRAIGHTENED OUT, BUT BADLY SCRAPED WHEELS MUST BE REPLACED. TIRES, INCLUDING SPARE, MUST BE IN GOOD CONDITION WITH AT LEAST ONE- EIGHTH (1/8) OF AN INCH OF TREAD REMAINING ACROSS THE FACE OF THE TIRE. REPLACED TIRES MUST BE OF MATCHING BRAND AND TREAD DESIGN, AND OF A BRAND AND QUALITY COMPARABLE TO THOSE ORIGINALLY SUPPLIED. WINDSHIELDS 10 THE UNDERSTANDING WITH SAAB CALLS FOR REPLACEMENT OF BROKEN OR DAMAGED GLASS OR EQUIVALENT CHARGEBACKS. HOWEVER; CRACKS MAY BE CAUSED BY STRESS IN THE GLASS OR IN THE FRAME HOLDING IT IS A PRODUCT DEFECT COVERED BY WARRANTY AND THE TOWN OF ASPEN WOULD NOT BE CHARGED IN THIS CASE. ANY STARS OR BULLS-EYES THAT CANNOT BE REPAIRED WITH THE AID OF THE NOVUS KIT (METHOD OF REPAIR), TOWN OF ASPEN WILL BE CHARGED FOR OR WILL HAVE TO REPLACE THE WINDSHIELD. STRESS CRACKS, SMALL CHIPS ON THE PASSENGER SIDE NEAR THE BOTTOM OF THE WINDSHIELD AND MINOR CHIPS IN THE DRIVER'S LINE OF VISION ARE NOT CHARGEABLE TO TOWN OF ASPEN. BUMPERS BUMPERS HAVE A PROTECTIVE FUNCTION WHICH SUBJECTS THEM TO FREQUENT IMPACTS OF MORE OR LESS SEVERITY, AS IN PARKING MANEUVER. A BUMPER IN PERFECT CONDITION IS SELDOM FOUND ON A USED CAR. THE TYPES OF DAMAGE ARE DIVDED INTO FIVE CATEGORIES: MINOR DEFACEMENT - SMALL NICKS, DENTS AND SCRATCHES. THESE ARE NORMAL WEAR AND TEAR NOT CHARGEABLE TO TOWN OF ASPEN. INTERMEDIATE DEFACEMENT LARGER SCRATCHES AND SCRAPES THROUGH THE BUMPER COVER USUALLY ARE CORRECTABLE BY A USED CAR DEALER THROUGH RECONDITIONING. MINOR SCRAPES AND SCRATCHES TO BUMPER ENDS ARE NORMAL AND NOT CHARGEABLE TO TOWN OF ASPEN AS LONG AS THE METAL INDENTATION IS MINIMAL. TWIST - OR MINOR RISES AND DEPRESSIONS CAN BE STRAIGHTENED. TOWN OF ASPEN IS CHARGEABLE FOR THE COST OF THE STRAIGHTENING ONLY. MULTIPLE DENTS - A SERIES OF DENTS ACROSS THE LEADING SURFACE WHICH MAKES THE BUMPER UNSIGHTLY. THE BUMPER MUST BE REPLACED, CHARGED TO TOWN OF ASPEN. A SINGLE DENT LARGER THAN ONE AND ONE-HALF (1 ½") INCHES ALSO MAKES A REPLACEMENT CHARGEABLE. SERIOUS DEFACEMENT A COMBINATION OF VARIOUS DAMAGES DESCRIBED ABOVE OR SINGLE SEVERE COLLISION DENT. REPLACEMENT BUMPER IS CHARGEABLE TO TOWN OF ASPEN. 11 MISSING ITEMS CONTROL KNOBS, DOOR HANDLES, DASH LOCKS, AND RADIO ANTENNAS MUST BE ORIGINAL EQUIPMENT PARTS. OFF-BRAND REPLACEMENTS WILL BE CHARGED AS MISSING PARTS. AT THE TIME SAAB ACCEPTS RETURN CUSTODY, TOWN OF ASPEN AND. SAAB SHALL JOINTLY SIGN AND DATE A USED VEHICLE RECEIPT AND CONDITION REPORT. 12