Okaloosa County BOCC — January 7, 2014 — Kansas-Final -Payment

CONTRACT CLOSE-OUT CHECKLIST (To Be Prepared by the Contracts and Lease Coordinator) DATE: 12/31/2013 TO: Contracts & Grants Manager, Finance Department Contracts & Grants Office SUBJECT: Lease No. L10-0376-PW MANAGING DEPARTMENT: PUBLIC WORKS CONTRACTOR'S NAME: KANSAS STATE BANK PROJECT TITLE: LEASE OF FOUR GRADERS The attached has met the final payment contract requirement in subject contract. Yes 1. Final Invoice KX 2. Completed Contract/Lease Payment Approval Form xX 3. Close-Out Documents Yes No a. Signed Release of Lien im im b. Proof of Completion Advertisement im L] c. Certificate of Insurance ml im d. Consent of Surety to Final Payment i” ia e. Proof of Performance/Payment Bond CJ Oj Continuation 12 Months Following Final Payment Yes 4, Agenda Request x 5. Remarks 12-31-13 No OO C4 _ > MIKKIXIX = ° Oo Contracts and Leage Coordinator DATE a CONTRACT/LEASE PAYMENT APPROVAL FORM COMPLETE AND FORWARD TO THE NEXT DEPARTMENT _ ORIGINAL ————— SSS] COMPLETED BY DEPARTMENT DATE: 12/2/2013 VENDOR NAME: Kansas State Bank Of Manhattan | VENDOR #: CONTRACT/LEASE#: _L10-0376-PW | VENDOR TASK COUNTY/FEMA BUDGET INVOICE # ORDER # PROJECT # DEPARTMENT | ACCOUNT # AMOUNT $ (If Applicable) (If Applicable) # 3342611 L10-0376-P W 3202 544040 6,248.61 Total 6,248.61 APPROVED FOR PROGRESS PAYMENT (please sign, as applicable and date) CONTRACTOR'S ENGINEER/ARCHITECT/PROJECT MANAGER: DATE: COUNTY SUPERVISOR/PROJECT MANAGER: Cae Ace 2? DATE: 43 LUE Simmons j DEPARTMENT DIRECTOR: ARS VEE pate: ZB Ls fondgin Hofsta CONTRACTS & GRANT MANAGER: DATE: \ \ COUNTY ADMINISTRATOR: DATE: (Payments>$25,000.) —_ a a S| FINAL PAYMENT FINAL PAYMENT YES 7 NO__ (If "Yes", forward to Purchasing Services G ¥/) e-Oul) i} DATE: [2- Hl y PURCHASING DIRECTOR: (Per Initial Agreement) x DATE: {27 eS Gee Ss CONTRACTS & GRANTS MANAGER: (Sprmuda iS Ale, (All Contracts) : = gi DATE: COUNTY ADMINISTRATOR APPROVAL: j (Per Initial Agreement) DATE: BOARD APPROVAL: (Per Initial Agreement) ———————— = = | COMPLETED BY FINANCE - ACCOUNTS PAYABLE ONLY FISCAL YEAR: DATE RECEIVED: REVIEWD BY: _NO. ACCOUNT NUMBER | I DUE DATE AMOUNT DUE ] 3 3342611 DEC 15-13 $6,248.61 DKALOOSA COUNTY. BOARD OF COMMISSIONERS "A LATE-FEE 07 10% OF. THE PAYMENT. AMOUNT.WILL BE ASSESSED ON ANY PAYMENT RECEIVED AFTER THE DUE DATE" KANSAS STATE-BANK PO BOX 69 MANHATTAN KS 66505 COUPON MUST. ACCOMPANY. PAYMENT. wHhOksOaS hts 444768 ae REFERENCE: PURCHASING'S ONLINE CONTRACTS PRINTED/ATTACHED BY: BCC FINANCE EXHIBIT B CONTRACT, LEASE, AGREEMENT CONTROL FORM Date: 12/21/10 Contract/Lease Control #: L10-0376-PW Bid #: PW 42-10 Contract/Lease Type: EXPENSE Award To/Lessee: OKALOOSA COUNTY BCC Lessor/Owner: KANSAS STATE BANK OF MANHATTAN Effective Date: __ 12/15/2010 Expiration Date: 01/15/2014 Description of Contract/Lease: LEASE OF 4 2011 VOLVO MOTOR GRADERS Department Manager: PW Department Monitor: JOHN HOFSTAD Monitor's Telephone #: 689-5772 Monitor's FAX # OR E-Mail: JHOFSTAD@CO.OKALOOSA.FL.US Date Closed: Ce: Finance Dept Contracts & Grants Division REFERENCE: PURCHASING'S ONLINE CONTRACTS PRINTED/ATTACHED BY: BCC FINANCE Valve Construction Equipment Buyback Agreement (ASE Valve/Okaloosa County) ASE# 1.10-0376-PW Customer Contact an SAS STATE. BANK OF MANHATEAN Customer Name —Dkaloosa County Commission LE ASE OF Gh 2011 VOLVO MOTOR GRADERS Address GOIN Pearl St Crestview EXPIRES: 01/15/2014 Phone # 850-685-5960 S/N (G01935, 501836, 51938, 501935, ) Dear Richard. This Agreement addresses the buyback option oh the Volve G830 ASE Construction Equipment agrees to a guaranteed buyback of the: Valve 6930 Motor Graders subject te the following conditions |, Customer may exercise a 3 year buyback from the date of delivery af this machine, 2 Custamer must give ASC 30 calendar days written notice of intent ta exercise its rights.under this Buyback Agreement, 3. Customer must not be in default under all terms of its underlying contract and must be current an all payments. 4, Any modification or re-negotiation of the terms of the underlying contract without ASC’s written authorization renders this contract unenforceable and void, 5. The buyback amount in year 3 will be $120,000 for each unit and each unit must not have in excess of (000 hours per calendar year on the hourmeter. Excess hours will be charged at $25.00 per hour. Hours will be cumulative, 5. Okaloosa County. at no cast, must have annual Customer Maintenance Inspectians (CMI's) performed onthe machine by ASC in accordance with the Customized Maintenance Inspection Pragram. 7. Oil samples must be taken and submitted on a regular basis. 8. The machine will be raturned FOG ASC, Mobile, Al. on the date of exercise af this Buyback Agreement, cleaned and in good operating condition (fully functional), less normal wear and tear. While in customer possession, the machine shall be serviced per Volvo maintenance specifications, The machine must include all original Volvo original parts components, except tires. All tires shall be of the same original size, type and manufacturer (ar similar quality manufacturer if the original manufacturer rig longer produces tires af that type) as upon delivery ta Dkaloasa County. (In each tem of Equipment, the tires shall have no missing or damaged parts, gouges, or section repairs. Alltires shall have a minimum of fifty percent (50%) remaining wear using standard measurement practices, 3. Okaloosa County shall be responsible for the cast of any necessary repairs tu put the machine in good operating condition (fully functional and incompliance with all regulations). Atits option, ASC may inspect the machine after receipt of the thirty day notice of exercise of the buyback. Ukalsosa County agrees to co-operate in such inspection, including making service records available. LPersker/Olr-Custemer Buyback Agreement REFERENCE: PURCHASING'S ONLINE CONTRACTS PRINTED/ATTACHED BY: BCC FINANCE Okaloosa County agrees to pay the estimated cost of repairs determined to be necessary by said inspection, at the time of exercise of this Buyback Agreement, IL. At the time of exercise of its rights hereunder, customer shall provide ASC with a bill of sale certifying the machine to be free and clear of all liens and encumbrances and shall execute such other documents as ASE and/ap Valva may reasonably request. AGREED AND ACEEPTED this 9 f Lheeep ber day of ozo Year. Okaloosa 4 f ‘ S08, County Ape es sLongtruction oO fi 2 Z —_ mae Equipment: Wk OLB teat. 3 Se then cee By: U & Heeris: By: * John Edwatels a Title: C beer pein, Kee Title: G eretat Maweg er MEN EER FOG: REFERENCE: PURCHASING'S ONLINE CONTRACTS PRINTED/ATTACHED BY: BCC FINANCE 1680 CHARLES PLACE MANHATTAN, KS 66502 {2/7 587-4054 Sent via US Mail November 9, 2010 Okaloosa County Board of Commissioners Attn: Jack Allen 302 N. Wilson Street, Suite 203 Crestview, FL 32536 Re: Government Obligation Contract dated as of December 7, 2010 between Okaloosa County Board of Commissioners (Obligor) and Kansas State Bank of Manhattan (Obligee) / Contract #3342611 Dear Mr. Allen: Enclosed please find a fully executed copy of the above-referenced Contract for your files. Your first payment on this Contract is due January 15, 2011 in the amount of $6,248.61. Please mail all payments to Kansas State Bank, P.O. Box 69, Manhattan, Kansas 66505-0069, unless we notify you otherwise. If there are any questions regarding your payments please do not hesitate to contact us at (877) 587- 4054, Please contact Volvo Financial Services at (336) 931-3749 with questions regarding additional financing needs. Sincerely, Dnlrschrone. Andrea Parsons Documentation Manager Enclosures REFERENCE: PURCHASING'S ONLINE CONTRACTS PRINTED/ATTACHED BY: BCC FINANCE GOVERNMENT OBLIGATION CONTRACT Obligor Obligee Okaloosa County Board of Commissioners Kansas State Bank of Manhatta 302 N Wilson Street, Suite 203 1010 Westloop, P.O. Box 69 Crestview, Florida 32536 Manhattan, Kansas 66505-0069 Dated as of December 7, 2010 This Government Obligation Contract dated as of the date fisted above is between Obligee and Obligor fisted directly above. Obtigee desir ngntelthe purchase of Equipment described in Exhibit “A” to Obligor and Obligor desires to finance the purchase of the Equipment from Obligae subject to the ter nd Conditions.of this Contrac which are set forth below. a ih Definitions: Section 1.01. Definitions. The following terms will have the meanings indicated below unless the context clearly requires athemise: “Additional Collateral” refers to the equipment listed as Additional Collateral on Exhibit “A” for which Obligar grants. first lien position to Obtigee. “Additional Schedule" refers to the proper execution of additional Schedules to Exhibit A, Exhibit 8, Exhibit G and Exhibit D as well as other exhibits or documents that may be required by the Obligee all of which relate to financing af additional Equipment “Budget Year" means the Obligor's fiscal year, ‘Commencement Date" is the date when Obligor's obligation to pay Contract Payments begins, “Contract” means this Goverment Obligation Conteact; all Exhibits, and all documents relied upon by Obligee priar to execution of this Contract, “Contract Payments" means the payments Obfigor is required 10 make under this Contract as set forth cA Exhibit “B" “Contract Term" means the Original Term and all Renewal Terms. “Equipment means ail of the tems of Equipment listed on Exhibit "A" and all replacements. restorations, modifications and improvernents, “Government” as used in the title hereof means a State or a political subdivision of the State within the meaning of Section 163(a) of the Iniernal Revenue Code of 1986, as amended ("Code"), or a constituted authority or district authodzed to issue obligations of on behalf of the State or political subdivision af the State within the meaning of Treasury Regulation 1,103-1(b), or a quatified volunteer fire company within the meaning of section 180(eK 4) of the Code. “Obligee” means the entity originally listed above as Obtigee or any of is assignees. “Obligor” means the entity bsted above as Obligor and which is financing the Equament from Obtigee under the provisions af this Contract. “Original Term" means the periad from the Commencement Date until the end of the Budget Year of Obligar. “Renewal Term” means the annual term which begins at the end of the Originat Term and which is simultaneous with Obligors Budget Year. "State" means the slate in which Obligor is located. it. Obtigor Warranties Section 2.01 Obligor represents, warrants and covenants as follows for the benefit of Obiigee or it assignees: {a} Qbiigar is an “issuer of lax exempt obligations” because Obligor ig the Slate or a political subdivision of the State within the meaning of Section 103(a) of the internal Revenue Code of 1985, as amended, (the ‘Code") or because Obligor is a constituted authority of district authorized to issue obligations on behalf of the State or political subdivision of the State within the meaning of Treasury Regutation 1.103-1(b}. {b}) Obfigor is authorized under the Constitution and laws of the State to enter into this Contract, and has-used such authority to properly execute and deliver this Contract. Obligor has followed ai! proper procadures of its governing body in executing this Contract, The Officer.of Obligor executing this Cantract has the authority to execule and deliver this Contract. This Contract constitutes a legal, valid, binding and enforceable obligation of the ‘Obligor in accordance with its terms. {ce} Obligor has compiied with all statutory laws and regulations that may be applicable to the execution of this Contract. (4) Obligor shall use the Equipment only for essential, traditional government purposes, (s) Should the IRS disallow the tax-exempt status of the Interest Portion of the Contract Payments as a result of the failure of the Obligor to use the Equipment for governmenial purposes, then Ooligor shall be required to pay additional sums to the Obligee or ils assignees 50 as to bring the after tax yield fo the same level as the Obfigee or its assignees would attain if the transaction: continued t be tax-exempt. if} Should the Obligor cease to be an issuer of tax exempi obligations or ifthe obligation of Obligor created under this Contract ceases to be a tax exempt obligation for any reason, then Oblgor shall be required to pay additional sums to the Obligee or its assignees so as to bring the after tax yleld on this Contract to the same level as the Qbligee or its assignees would attain if the transaction continued fo be tax-exempt (g) Obligor has never non-appropdated funds under an Contract similar te this Contract. (h} Obligor will supmit to the Secretary of the Treasury an information reporting statement as required by the Code @) Uponrequest by Obligee, Obligor will pravide Obligee with current financial statements, reports, budgets of other relevant fiscal information. @) — Obligor shall retain the Equipment free. of any hazardous substances as defined in the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. $601 et seq. as amended and supplemented. (x) Obligor presently intends to continue this Contract for the Original Term and ail Renewal Terms as sel forth on Exhibit “B* hereto. The official of Obligor responsibie for budget preparation vail include m the budget request for each Budget Year the Contract Payments to become due in such Budget Year, and will use all reasonable and lawful means available to secure the appropriation of money for such Budget Year sufficient to pay the Contract Payments coming due therein. Obligor reasonably believes thal moneys can and will awfully be eppropriated and made avaitable for this purpose. Section 2.02. Escrow Contrac. in the event both Obligee and Obligar mutually agree to utilize an Escrow Account, then immediately following the execution and delivery of this Contract, Obligee and Obliger agree to execute and deliver and to cause Esctow Agent to execute and deliver the Escrow Contract. This Contract stall fake effect only upon execution and delivery of the Escrow Contract by the parlies thereto. Obligee shall deposit or cause to be deposited with the Escrow agent for credit to tie Equipment Acquisition Fund the sum of SN/A, which shall be held, invested and disbursed in accordance with the Escrow Contract, Ww Acquisition of Equipment, Contract Payments and the Purchase Option Price ection 3.01, Acquisition and Acceptance. Obligor shall be solely responsible for the ordering of the Equipment and for the delivery and installation of the Equipment Execution of the Acceptance Certificate by an employes. official of agent of the Obligor having managerial, supervisory or procurement authority with respect to the Equipment shall constitule acceptance of the Equipment on behalf of the Obligor, Section 3.02, Contact Payments. Obligor shall pay Contract Payments exclusively to Obligee or its assignees in lawful, legally available money of the United Siaies of America, The Cofitract Payments shall be sent to the location specified by the Obligee or its assignees, The Contract Payments shall constite a current expense of the Obligor and shail nat constitute an indebtedness of the Obligor, The Contract Payments are due as set forth on Exhibit 8. Obligee shall have the option te charge interast at the highest lawful rate on any Contract Payment received later than the due date for the number of days that the Contract Payment(s) were late, plus any additional acerual on the outstanding balance for the number of days that the Contract Paymenl(s) were fate, Obtigee shall also have the ‘option, on monthly paymanis only. to charge a late fee of up to 10% of the monthly Contract Payment that is past due. The Contract Payments will be payable without notice or demand. Section 3.03. Contract Payments Unconditional. Except as provided under Section 4.01, THE OBLIGATIONS OF OBLIGOR TO MAKE CONTRACT PAYMENTS AND TO PERFORM AND OBSERVE THE OTHER COVENANTS CONTAINEO IN THIS CONTRACT SHALL SE ABSOLUTE AND UNCONDITIONAL IN ALL EVENTS WITHOUT ABATEMENT, DIMINUTION, DEDUCTION. SET-OFF OR DEFENSE. Section 3.04. Purchase Ootion Price Upon thirty (30) days written notice, Obligor shall have the option to pay. in addition to the Cantract Payment, the corresponding Purchase Option Price which is lisied on the same fine on Exhibit B. This option is only avaitable to the Obligor on the Contract Payment data and Ao partial prepayments are allowed. If Obliger chooses this option and pays the Purchase Option Price to Obligee then Obtigee will transfer any and: ai of its fights, tile and interest in the Equipment to Obligor. Section 3.05, Contract Tem, The Contract Term of the Contract shalt be the Orginal Term and all Renewal Terms unt all the Contract Payments are paid as set forth on Exhibit B except as provided under Section 4.01 and Section 9.04 below. [f, after the end of the budgeling process which occurs at the end of the Original Term or any Renewal Term, Gbligor has not non-appropriated as provided for in this Contract then the Contract Term shalt be extended into the next Renewal Term and the Obligor shall be obligated to make all the Contract Payments that come due during such Renewal Term Section 3.08. Disclaimer of Warranties. OBLIGEE MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN, CONDITION, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER WARRANTY WITH RESPECT TO THE EQUIPMENT. OBLIGEE SHALL NOT REFERENCE: PURCHASING'S ONLINE CONTRACTS PRINTED/ATTACHED BY: BCC FINANCE ‘BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGE ARISING OUT OF THE INSTALLATION, STORAGE OR USE OF THE EQUIPMENT BY OBLIGOR. NW. Non-Appropriation Section 4.01, Non-Aspropiiation. ff insufficienl funds are available in Obligor's budget for the next Budget Year to make the Contract Payments for thes XL Renewal Term and the funds to make such Contract Payments are otherwise unavailabie by any tavful means whatsoever, then Obligor shall have the option to non-appronriat funds to pay the Contract Payments for the next Renewal Term. Lack of a sufficient appropriation shalt be evidenced by the passage of an ordinance. onsesolution by Hie nirig' body of Obligor specifically prohibiting Obligor from pertorming its obligations under this Contract and from using any moneys to pay the Conti ay a 2 df x for a designated Budget Year and all subsequent Budget Years, If Obligor chooses this option, then ail ‘obligations of the Objigor under this Contract tegarding Gonttact | ‘ nls: for ail remaining Renewal Terms shalt be terminated at the end of the then current Original Term or Renewal Term without penalty or lability to the Obligor of any kind provided that if Obliger has not delivered possession of the Equipment to Obligsé as provided herein and conveyed to Cbligee or released its interest | ‘Equipment by thé eng’af the last Budget Year for which Contract Payments were paid, the termination shall nevertheless be effective but Obdligor shall be respunsible (O¢ thi ent af damages tr.v. amount equal to the amount of the Contract Payments thereafter coming due under Exhibit “BY which are attributable to the number of dayeisiter ar Budget Year dittings which Obligor fails to take such actions and for any other loss suffered by Obliges as a result of Obligor’s failure to take such actions as require SObliggr shail immediately! notify the Obligee as soon as the decision to rien-appropriate is made. [f such non-appropriation occurs, then Obligor shalt deliver the Equipmentd see 85 provided below in Section 9,04, Obligor shall be fable for ali damage to the Equipment other than normal wear and tear. if Obligor fails to deliver the Equipment fo Oblige: sObligee may enter the premises where the Equipment is tocated and fake possession of the Equipment and charge Obligor for costs incurred. Furthermore, in the, are i$ a non appropriation as set forth above, Obligor will deliver the Additional Collateral to Obligee along with all required documentation to evidence the transfer a of the Additional Collateral from Obliger to Obligee. Vv. Insurance, Damage, tisufficiency of Proceeds Section 5.01. Insurance. Obligor shall maintain both casualty insurance and liability insurance at ts own expense with respect to the Equipment, Obligor shall be sclely responsible for selecting the insurers} and for making all premium payments and ensuring that all policies are continuausly kept in effect during the period when Obligor is required to make Contract Payments. Obligor shall provide Obligee with a Cariificate of Insurance which lists the Obligee and/or assigns as a loss payee and an aciditicnal insured on the policies with respect to the Equipment. fay Obligor shail insure the Equipment against any loss or damage. by fire and all other risks covered by the standard extended coverage endorsement then in use in the State and any other risks reasonably required by Obligee in an arnount at least eqjuai to the then applicable Purchase Option Price of the Equipment. Alternatively, Obligor may insure the Equipment under a blanket insurance policy or palicies. ib) The liability insurance shall insure Obligee from ability and property damage in any form and amount salistactory to Obliges. fc} Obligor may seif-insure against the casualty risks and liability risks deseribed above. if Obligor chooses this option, Obligor must furnish Obligee with a certificate andlor other documents which evidences such coverage. (a) All insurance policies issued or affected by this Section shall be so written or endorsed such thal the Obligee and its assignees are named additional insureds and Joss payees and that all losses are payable to Obligor and Obligge or its assignees as their interests may appear. Each policy issued or affected by this Section Shall contain @ provision that the insurance company shall not cancel ot materially modify the policy without first giving thirty (30) days advance notice to Obligee or its assignees. Obligor shall furish to Obligee certificates evidencing such coverage throughout the Contract Term Section 5.02 Damage to or Destitiction of Equipment. Obligar assumes the Fisk of loss or damage to the Equipment. if the Equipment or any portion thereof is last, stolen, damaged, or destroyed by fire or other casualty, Obligor will immediately report aft such losses to all possible insurers and take the proper procedures to aitain all insurance proceeds, At the option of Obligee, Obligor shall either (1) apply the Nel Proceeds {o replace, repair of restore the Equipment or (2) apply ihe Net Proceeds to the applicable Purchase Option Price. For purposes of this Section and Section 5.03, the term Net Proceeds shall mean the amount of insurance proceeds collected from all applicable insurance policies after deducting alt expenses incurred in the collection thereof, Section §.03. insufficiency of Net Proceeds. if there are no Net Proceeds for whatever reason or if the Nat Proceeds ara insufficient to pay in full the cost of any replacement, rapait, restoration, modification or improvemeni of the Equipment, then Obligor shail, at the option of Obligee. either (1) complete such replacement, repair, restoration, madification or improvement and pay any costs thereof in excess of the amount of the Net Proceeds or {2) apply the Net Proceeds to the Purchase Gption Price and pay the deficiency, if any, to the Obligee Section 5.04. Obliger Negiaence. Obiigor assumes ail risks and liabilities, whether or not covered by insurance, for oss of damage to the Equipment and for injury to or death of any person or damage ta any property whether such injury or death be with respect to agents or employees of Obligor or of third parties, and whether such property damage be to Obligor’s property or the praperly of others (including, without limitation, liabilities for ioss or damage related (0 the release or threatened release of hazardous substances under the Comprehensive Envifonmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act of similar of successor law or any State or local equivalent now existing or hereinafter enacted which in any manner arise oul of of are incident to any possession, use, operation, condition or storage of any Equipment by Obligor) which is. proximately caused by the negligent conduct of Coliger, its officers, employees and agents. Obligor hereby assumes responsibility for and agrees to reimburse Obligee for all abilities, obfigations, losses, damages, penalties, claims, actions, costs and expenses {including reasonable atlorneys’ fees) of whalsaever kind and falure, imposed on, incurred oy or asserted against Obligee that in any way relate to ar atise out of a claim, suit of proceeding, based in whole or in pan upon the negligent conduct of Obligor, its officers. employees and agents. to the maximum extent permilted by law. Vi, Title and Security interest Section 6.61. Tile, Title to the Equipment shail vest in Obligor when Obligor acquites and accepts the Equipment. Tile to the Equipment wilt automatically transfer to the Obligee in the event Obligor son-appropriates under Section 4.01 of in the event Obligar defaults under Seotion 9.01. in either of such events, Obligar shall execute and deliver to Obiigee such documents as. Obligee may request to evidence the passage of legal title to the Equipment to Obligee. Section 6.02. Security interest. To secure the payment of al] Obligor's obligations under this Contract, Obligor hereby grants to Obligee a security interest under the Uniform Commercial Code constituting a first lien on the Equigment described more fully an Exhibit “A”, The security interast established by this section includes not only all additions. atlachments, repairs and replacements to the Equipment but also all proceeds therefrom. As additional securily for this transaction, Obligar grants to Obligee a first lien position on the Additional Collateral described on Exhibit "A" as Additional Collateral, Objigor hereby warrants that it owns free and clear of any Hens the Additional Collateral listed an Exhibit “A” subject only to the fen described therein. Obligor hereby agrees fo keep Obligee as the first lienholder on the title of the Additional Collateral unlif this Contract and the Contract noted on Exhibit “A" are completed. Obligee will relinquish its lien position on the Additional Coliateral as it wishes but in no event beyond the receipt of all Contract Payments or upon the receipt of the then applicable Purchase Option Price. Vu Assignment Section 7.61. Assignment by Obligee, Ail of Obligee’s rights. title and/or interest in and to this Contract may be assigned and reassigned in whole or in part to one or more assignees or sub-assignees (including a Registered Owner for Participation Certificates} by Obligee at any time without the consent of Obligor. No such assignment shall be eifective as against Obligor until the assignor shall have filed with Obligor written notice of assignment identifying the assignee Obiigor shail pay all Contrast Payments due hereunder relating to such Equipment to of at the direction of Obligee or the assignee named in the notice of assignment. Obligor shall keep a complete and accurate record of all such assignments Section 7.02. Assignment by Obligar, None of Obligor’s right, litle ang interest under this Contract and in the Equipment may be assigned. by Obligor unless Obliges approves af such assignment in writing before such assignment occurs and only after Obligar first obtains an opinion from nationally recognized counsel stating that such assignment wilf nol jeopardize the tax-exempt status of ne obfigation Vill, Maintenance of Equipment Section 8.01. Obligor shail keep the Equipment in good repair and working order. Obligee shall have no obligation to inspect, test, service, maintain, repair or make improvenents or additions to the Equipment under any circumstances. Obligor will be liable for all damage to the Equipment, other than normal wear and tear, caused by Obligor, its employees or its agents. Obligor shal pay for and obtain all permits, licenses and taxes necessary for the installation, operation, possession, storage or use of the Equipment. if the Equipment includes any titled vehicle(s), then Obligor is responsible for obtaining such title(s} from the State and also fer ensuring that Obligee is listed as First Lienholder on ail of the title(s). Obligor shail not use the Equipment to haul, convey or transport hazardous waste as defined in the Resource Conservation and Recovery Act. 42 U.S.C. 6901 et. seq. Obligor shall not during the term of this Contract ereate, incur or assume any levies, liens or encumbrances of any kind with respect to the Equipment excep those created by this Contract. Obligor agrees that Cbligee or its Assignee may executé any additional documents including financing statements, affidavits, notices, and similar instruments, for and on behalf of Obligor which Obligee deems necessary of appropiate to protect Obligee’s interest in the Equipment and in this Contract The Equipment is and shail at all times be and remain personal propery. Obligor shail allow Obligee to exafnine and inspect the Equipment at afl reasonable times Ke Default Section 9.0t. Events of Default defined. The following events shall constitute an “Evert of Default" under this Contract: fa) Failure by Obligor to pay any Contract Payment listed on Exhibit “8° for fifteen (15) days after such payment is due according to the Payment Date listed on Exhibit REFERENCE: PURCHASING'S ONLINE CONTRACTS PRINTED/ATTACHED BY: BCG..FINANCE {by Failure to pay any ather payment required to be paid under this Contract at the time specified herein and a continuation of Sai days after written notice by Obligee that such payment must be made. {f Obligor continues to fait to pay any payment after such’ peng not be obligated fo, make such paymenis and charge Obligor for all costs incurred plus interest at the highest tawful rate. (2) Failure by Obligor to abserve and perform any warranty, covenant, condition, promise or duty under this Contract for a period of thirty (30) days Sitter writen notice specifying such failure is given to Obligor by Obligea, unless Obligee agrees in writing to an extension of time, Obligee will not unreasonably: its.et ad extension of time if corrective action is instituted by Obligor. Subsection (c} does not apply to Contract Payments and othek pavments di ici Any statement, material omission, representation or warranty made by Obligor in ar pursuant to this Contract which provesits be taige, incorré date when made regardless of Obligors intant and which materially adversely affects the rights or security of Obligee undéfthis Contract. (a) Ay provisicn of this Contract which ceases to be valid for whatever reason and the loss of such provision would materially ait Z Obtigee. ay Obiigar admits in writing ils inability to pay its obligations. Obiiger defaults on one or more of its other obligations. Obligor applied’ @ receiver or a custodian to manage its aliairs, Obligor makes a general assignment for the benefit of creditors. Section 9.02. Remedies on Oefaull. Whenever any Event of Defautt exists, Obligee shall have the right to take one or any combination of the following. re ta) With of without terminating this Contract, Obligee may declare all Contract Paymenis and other amounts payable by Obligor hereunder to the #then current Budget Year to be immediately due and payable. {b} With of without lerminating this Contraci, Obligee may require Obligor at Obligor's expense to redeliver any or all of the Equipment to Obligeé Sas ‘provided below in Section 9.04, Such delivery shail take place within fifteen (18) days after the event of defautt occurs. f Obligor faifs.to deliver the Equipment, then Obligee shall have the fight to obtain a judgement against Obtigor in an amount not less than the sum of all Contract Payments then due plus the then applicable Purchase Option Price, Notwithstanding that Obligee has taken possession of the Equipment, Obligor shail stil be obligated to pay the remaining Contract Payments due ‘up until the end of the then current Griginal Term or Renewal Tern. Obligor will be liable for any damage beyond normal wear and tear to the Equipment caused by Obligor or its employees or agents. ies Obligee may take whatever action at law or in equity that may appear necessary or desirable to enforce its rights. Obligor shall be responsible to Obligee for ali gosts Incurred ty Obligee in the.enforcement of its rights under this Contract Including, but not limited to, reasonabie attorney fees. id) Obligee may require Obligor to deliver the Additional Collateral to Obligee along with all required documentation to evidence transfer of title of the Additional Collateral from the Obligor to the Obligee. Section $.03. No Remedy Exclusive. No remedy herein conferred upon or reserved to Obligee is intended to be exclusive and every such remedy shall be cumulative and shail ce in addition to every other remedy given under this Contract now or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or shall be construed to be a waiver thereof. Section 9.04. Return of Equipment and Storage, {a} Surrender: The Qbiigor shail, at its own expense, surrender the Equipment to the Obligee in the event of a default or a non-appropriation by delivering the Equipment to the Obligee to a location accessible by common carer and designated by Obligee. In the case that any of the Equipment consists of software, Obligor shall destroy all intangible items constituting such software and shall deliver to Obligee all tangible tems constituting such software, At Obligees request, Obiigor shall also certify in a form acceptable to Obiigee that Obligor has complied with the atove software return provisions and ihat they vall immediately cease using the software and that they shall permit Obligee and/or the vendor of the software to: inspect. Obliger’s locations to verify compliance with the terms hefeta, ib} Delivery: The Equipment shall be delivered lo the location designated by the Obligee by a commin carrier unless the Obligee agrees in writing that a common carrier is not needed. When the Equipment is delivered into the custody of a common carrier, the Obligor shall arrange for the shipging of the item and its insurance in transit in accordance with the Obligee’s instructions and at the Obligor's sole expense. Obligor at its expense shali completely sever and disconnect the Equipment or its component parts from the Qbligor’s property all without liability to the Obligee. Obligor shall pack or crate the Equiprnent and all of the component parts of the Equipment carefully and in accordance with any recommendations of ihe manufacturer. The Obligor shail deliver to the Obligee the plans, specifications operation manuais ar other warranlies and documents furnished by the manufactucer ar vendor on the Equipment and such other documents in the Obligor’s possession relating to the maintenance and methods of operation of such Equipment. {ec} Condition: Whan the Equipments surrendered to the Obligee it shali be in the condition and repair required to be maintained under this Contract. {t will also meet all legai regulatory conditions necessary for the Obtigee to sell or lease it to a third party and be free of all fens, If Obligee reasonably determines that the Equipment or an item of the Equipment. once it is returned, is not in the condition required hereby, Obligee may cause the repair, service, upgrade, modification or overhaul of the Equipment or an item of the Equipment to achieve such condition and upon demand, Obligor shall prompily reimburse Obligee jor all amounts reasonably expended in connection with the foregoing. (d} Storage: Upon written request by the Obligee, the Obligor shall provide free storage for the Equipment or-any item of the Equipment for a period not to exceed 60 days after the expiration of its Contract Term before retuming it fo the Obligee. The Obligor shall arrange for the insurance described to continue in full force and effect with respect to such item during its storage period and the Obligee shall reimburse the Obligor on demand for the incremental premium cost of providing such insurance. X. Miscetlaneous Section 10.03. Notices. All notices shall be sufficiently given and shail be deemed givan when delivered or mailed by registered mail, postage prepaid, to the parties at their respective places of business as first set forth herein or as the parties shall designate hereatter in wating, Section 10.02, Ginding Effect. Obligor acknovdedges this Contract is not binding upon the Obligee or its assignees unless the Conditions to Funding listed on the Documentation Instructions have been met to Obligee’s satisfaction, and Obligee has executed the Contract. Therealter, this Contract shalt inure to ihe benefit of and shall be itinding upon Obligee and Obligor and their respective successors and assigns. Section 10.03. Severabilily. in the event any provision of this Contract shall be held invalid or unenforceable by any court af competent jurisdiction, such holding shell not invalidate or render unenforceable any other provision hereof. Section 10.04, Amendments, Addenda, Changes of Modifications. This Contract may be amended, added to, changed or modified by wrilien Contac! duly executed by Obligee and Obligar. Furthermore, Obligee reserves the right to charge Obligar a fee, to be determined at that time, as cornpensation to Obligee for the additional administrative expense resulting from such amendment, addenda. change or modification. Section 10.05. Execution in Counterparts. This Contract may be simultaneously execuled in several counterparts, each of which shall be an original and aif of which shall constitute but one and the same mstrument. Section 10.06, Captions The captions or headings in this Contract do not define, limit or describe the scope or intent of any provisions or sections of this Contract. Section 10.07. Master Contract. This Contract can be uthzed as a Master Contract. This means that the Obligee and the Obligar may agree to ihe financing of additional Equipment under this Contract at some point in the future by executing one or more Additional Schadules to Exnibit A, Exhibit 8, Exhibit C and Exhibit D as well as other exhibits af documents that may be required by Obligee. Additional Schedules will be consecutively numbered on each of the exhibits which make up the Additional Schedule and ail the terms and conditions of the Contract shall govern each Additional Schedule. Section 16,08, Entire Writing. This Contract constitutes the entire writing between Obligee and Obligor. No waiver, consent, modification or change of terms of this Contract shall bind either partly unless in weiling and signed by both parties, and then such waiver, consent, modification of change shail be effective only in the specific instance and for the specific purpose given. There are no understandings, Contracts, representations, conditions, ar warranties, express or implied, which are not specified herein regarding this Contract or the Equipment financed hereunder. Any tecms and conditions of any purchase order of other documents submitted by Obligor in connection with this Contract which are in addition to or inconsistent with ihe terms and conditions of this Contract will not be binding on Obligee and wif nat apply to this Contract. Obliges and Obligor hve caused this Contract to be executed in their names by their duly authorized representatives listed below. oe ; ; 4 a é Pia Pp : Dedtrah MA she) Signature ¢ ff ty gg ignature . . me “i hk ian Kents Clase Marsha Jarvis, Nice President Typed Name and Tite Typed Name and Title OKALO éA\dounry BOARD OF Cay KANSAS STATE BANK OF MANHATTAN REFERENCE: PURCHASING'S ONLINE CONTRACTS PRINTED/ATTACHED BY: BCC FINANCE Schedule (01) EXHIBIT A DESCRIPTION OF EQUIPMENT RE: Government Obligation Contract dated as of December 7, 2010, between’ (Obligee) and Okaloosa County Board of Gommissioners (Obligor) Below is a detailed description of all the items of Equipment including quantity, model number and number where applicable: Four (4) New Volvo G930 Motor Graders, SN: 501935, 501938, 501939 & 501936 As set forth under the terms of the Contract, Obligor grants to Obligee a first lien position on the Additional Collateral described below: Four (4) New 2010 Volvo G930 Motor Graders, SN: 501699, 501710, 501711 & 301712 This Additional Collateral was financed under a Lease with Option to Purchase Contract dated as of June 10, 2010 with Kansas State Bank of Manhattan (Lessor) and Okaloosa County Board of Commissioners (Lessee) and is subject to a lien created therein and currently held by Obligee. Location of Equipment: Chloe (lwaly Lblic ( carbs Leper Santen fe REFERENCE: PURCHASING'S ONLINE CONTRACTS PRINTED/ATTACHED BY: BCC FINANCE Schedule (01) EXHIBIT B PAYMENT SCHEDULE (Obliges} and Okaloosa oe unty Board of Commissioners (Obligar) Date of First Payment: January 15, 20 Original Balance: $635,803.00 Total Number of Payments: Thirty-Seven (37) Number of Payments Per Year: Twelve (12) Pmt Due Contract Applied to Applied to “Purchase No. Date Payment Interest Principal Option Price 1 16-Jan-14 $6,248.61 $2,220.01 $4,028.60 Not Available 2 15-Feb-11 $6,248.61 $2,205.95 $4,042.66 Not Available 3 15-Mar-11 $6,248.61 $2,191.83 $4,056.78 Not Available 4 15-Apr-11 36,248.61 $2,177.67 $4,070.94 $628,338.37 § 18-May-11 $6,248.61 $2,163.45 $4,085.16 $623,967.44 6 15-Jun-11 $6,248.61 $2,149.19 $4,099.42 $619,583.45 7 15-Jul-11 $6,248.61 $2,134.87 $4,113.74 $615,186.36 8 16-Aug-11 $6,248.61 $2,120.51 $4,128.10 $610,776.13 9 18-Sep-11 $6,248.64 $2,106.10 $4,142.51 $606,352.72 10 15-Oct-11 $6,248.64 $2,091.63 $4,156.98 $601,916.09 11 15-Nov-11 $6,248.61 $2,077.12 $4,171.49 $597,466.21 12 15-Dec-1141 $6,248.61 $2,062.55 $4,186.06 $593,003.03 13 16-Jan-12 $6,248.61 $2,047.93 $4,200.68 $588,526.51 14 15-Feb-12 $6,248.61 $2,033.27 $4,215.34 $584,036.61 15 15-Mar-12 $6,248.61 $2,018.55 34,230.06 $579,533.30 16 15-Apr-12 $6,248.61 $2,003.78 $4,244 83 $575,016.53 47 15-May-12 $6,248.61 $1,988.96 $4,259.65 $570,486.26 18 18-Jun-12 $6,248.61 $1,974.08 $4,274.53 $565,942.45 19 15-Jul-12 $6,248.61 $1,959.16 $4,289.45 $561,385.06 20 15-Aug-12 $6,248.61 $1,944.18 $4,304.43 $556,814.06 21 15-Sep-12 $6,248.61 $1,929.15 $4,319.46 $552,229.40 22 16-Oct-12 $6,248.61 $1,914.07 $4,334.54 $547,631.04 23 15-Nov-12 $6,248.61 $1,898.93 $4,349.68 $543,018.93 24 15-Dec-12 $6,248.61 $1,883.75 $4,364.86 $538,303.04 25 15-Jan-13 $6,248.64 $1,868.51 $4,380.10 $533,753.33 26 15-Feb-13 $6,248.61 $1,853.21 $4,395.40 $529,099.75 a7 15-Mar-13 $6,248.61 $1,837.87 $4,410.74 $524,432.27 28 15-Apr-13 $6,248.61 $1,822.46 $4,426.15 $519,750.84 29 15-May-13 $6,248 61 $1,807.04 $4,441.60 $515,055.42 30 18-Jun-13 $6,248.61 $1,791.50 $4,457.11 $510,345.97 3t 45-Jul-13 $6,248.61 $1,775.94 $4,472.67 $505,622.44 32 15-Aug-13 $6,248.61 $1,760.32 $4,488.29 $500,884.80 ° REFERENCE: PURCHASING'S ONLINE CONTRACTS PRINTED/ATTACHED BY: BCC FINANCE : Schedule (01} EXHIBIT B PAYMENT SCHEDULE (Continued) RE: Government Obligation Contract dated as of December 7, 2010, between Kans; {Gbligee) and Okaloosa County Board of Commissioners (Obligor) Pmt Due Contract Applied to Applied to No. Date Payment Interest Principal 33 15-Sep-13 $6,248.61 $1,744.65 $4,503.96 34 16-Oct-13 $6,248.64 $1,728.92 $4,519.69 $491, 367. 00 35 15-Nov-13 $6,248.61 $1,713.14 $4,535.47 $486,586.76 36 15-Dec-13 $6,248.61 $1,697.31 $4,551.30 $481,792.23 37 15-Jan-14 $483,232.00 $1,681.43 $481,550.57 $0.00 Okaloosa County Board of Commissioner: A Signatui Lleyne Horry De rmeser Typed Name and Title "Assumes all Contract Payments due to date are paid REFERENCE: PURCHASING'S ONLINE CONTRACTS _ PRINTED/ATTACHED BY: BCC FINANCE Schedule (01) EXHIBIT C CERTIFICATE OF ACCEPTANCE RE: Government Obligation Contract dated as of December 7, 2010, between Kansas State (Obligee) and Okaloosa County Board of Commissioners {Obligor) |, the undersigned, hereby certify that | am a duly qualified representative of Obligor an authority by the Governing Body of Obligor to sign this Certificate of Acceptance with respe' ig the ibove referenced Contract. | hereby certify that: 1. The Equipment described on Exhibit A has been delivered and installed in accordance with Obligor's specifications. 2. Obfigor has conducted such inspection and/or testing of the Equipment as it deems necessary and appropriate and hereby acknowledges that it accepts the Equipment for all purposes. 3. Obligor has appropriated and/or taken other lawful actions necessary to provide moneys sufficient to pay all Contract Payments required to be paid under the Contract during the current Budget Year of Obligor, and such moneys will be applied in payment of all Contract Payments due and payable during such current Budget Year. 4, Obligor has obtained insurance coverage as required under the Contract from an insurer qualified to do business in the State. 5. No event or condition that constitutes or would constitute an Event of Default exists.as of the date hereof. 6 The governing body of Obligor has approved the authorization, execution and delivery of this Contract on its behalf by the authorized representative of Obligor who signed the Contract. 7. Please list the Source of Funds (Fund Item in Budget) for the Contract Payments that come due under Exhibit B of this Contract. General Fund lf the above Source of Funds js solely a grant type fund, then the Obligor, by signing below, hereby authorizes the General Fund of the Obligor as a backup source of funds from which the Contract Payments can be made. 1, Okaloosa County/ Board of Commissioners, To — L ima Signature | iA Yue he refs Chas verann Typed Name and Title REFERENCE: PURCHASING'S ONLINE CONTRACTS PRINTED/ATTACHED BY: BCC FINANCE Schedule (01) EXHIBIT D OBLIGOR RESOLUTION RE: Government Obligation Contract dated as of December 7, 2010, between Kansas State Bank of M {Obligee) and Okaloosa County Board of Commissioners (Obligor) A a dul cw, id of the Governing Body of the Obligor (as defined in the Contract) held on Aus 148, the following resolution was introduced and adopted: BE IT RESOLVED by the Governing Body of Obligor as follows: 1. Determination of Need. The Governing Body of Obligor has determined that a true and very real need exists for the acquisition of the Equipment described on Exhibit A of the Government Obligation Contract dated as of December 7, 2010, between Okaloosa County Board of Commissioners (Obligor) and Kansas State Bank of Manhattan (Obligee). 2. Approval and Authorization. The Governing Body of Obligor has determined that the Contract, substantially in the form presented to this meeting, is in the best interests of the Obligor for the acquisition of such Equipment, and the Governing Body hereby approves the entering into of the Contract by the Obligor and hereby designates and authorizes the following person(s) to execute and deliver the Contract on Obligor’s behalf with such changes thereto as such person(s) deem(s) appropriate, and any related documents, including any Escrow Contract, necessary to the consummation of the transaction contemplated by the Contract. Authorized individual(s): {Printed or Typed Narne and Title of individual(s) authorized to-execute the Contract) 3. Adoption of Resolution. The signatures below from the designated individuals from the Governing Bady of the Signature: (Signature of Sebreisty. Board Chairman or other mem er of the Governing Body} Typed Name & Title btkcte zt Morets Chevnws (Typed Narne and Title of individual who signed directly above) Attested By: Ge waa lf yee {Signature of one. additional person who can witness the pass Typed Name & Title: “Teves ly lod. Check tb hee (Typed name of individual who signed directly above} "REFERENCE: PURCHASING'S ONLINE CONTRACTS PRINTED/ATTACHED BY: BCC FINANCE JOHN R. DOWD ATTORNEY AT LAW SHALIMAR, FLORIDA 32579 POST OFFICE BOX 404 TELEPHONE (850) 651-1679 SO! EGLIN PARKWAY FACSIMILE (850) 651-2626 December 27, 2010 Kansas State Bank of Manhattan 1010 Westloop, P.O, Box 69 Manhattan, Kansas 66505-0069 Re: Government Obligation Contract dated as of December 7, 2010, between Kansas State Bank of Manhattan(Qbligee} and Okaloosa County Board of commissioners (Qbligor) Ladies and Gentlemen: As legal counsel to Obligor, I have examined the foregoing Contract and such other opinions, documents and matters of law as I have deemed necessary in connection with this Contract. Based on the foregoing, I am of the following opinions: 1. Obligor is a political subdivision of the State of Florida, or a constituted authority authorized to issue obligations on behalf of a political subdivision of the State. 2. Obligor has the requisite power and authority to purchase the Equipment and to execute and deliver the Contract and to perform its obligations under the Contract. The Contract and the other documents either attached hereto or required herein have been duly authorized, approved and executed by and on behalf of Obligor, and the Contract is a legal, valid and binding cbligation of Obligor enforceable in accordance with its terms. 3. The authorization, approval and execution of the Contract and all other proceedings of Obligor relating to the transactions contemplated thereby have been performed in accordance with all open meeting laws, public bidding laws and all other applicable state and federal laws. 4. There is no litigation, action, suit or proceeding pending or before any court, administrative agency, arbitrator or governmental body that challenges the authority of the Obligor or any of the Obligor’s officers or employees to enter into the Contracts. S. The above opinion is for the sole benefit of the Obligee listed above and can only be relied upon by the Obligee or any permitted assignee _ Subassignee ox successor of Obligee under the REFERENCE: PURCHASING'S ONLINE CONTRACTS PRINTED/ATTACHED BY: BCC FINANCE OPINION OF COUNSEL (Must be Re-typed onto attorney's letterhead) (Date, must be on or after the meeting date listed on Exhibit D, Obligor Resolution) Kansas State Bank of Manhattan 1010 Westioop, P.O. Box 69 Manhattan, Kansas 66505-0069 Re: Government Obligation Contract dated as of December 7, 2010, between Kansas State Bank of Manhattan (Cbligee) and Okaloosa County Board of Commissioners (Obligor} Ladies and Gentlemen: As legal counsel to Obligor, | have examined the foregoing Contract and such other opinions, documents and matters of law as | have deemed necessary in connection with this Contract. Based on the foregoing, | am of the following opinions: 4. Obligor is a political subdivision of the State of Florida, or a constituted authority authorized to issue obligations on behalf of a political subdivision of the State. 2. Obligor has the requisite power and authority to purchase the Equipment and to execute and deliver the Contract and to perform its obligations under the Contract. The Contract and the other documents either attached hereto or required herein have been duly authorized, approved and executed by and on behalf of Obligor, and the Contract is a legal, valid and binding obligation of Obligor enforceable in accordance with its terms. 3. The authorization, appreval and execution of the Contract and all other proceedings of Obligor relating to the transactions contemplated thereby have been performed in accordance with all open meeting laws, public bidding laws and all other applicable state and federal laws. 4. There is no litigation, action, suit or proceeding pending or before any court, administrative agency, arbitrator or governmental body that challenges the authority of the Obligor or any of the Obligor’s officers or employees to enter into the Contracts. 5. The above opinion is for the sole benefit of the Obligee listed above and can only be relied upon by the Obligee or any permitted assignee or subassignee or successor of Obligee under the Contract. Signature of Legal Counsel REFERENCE: PURCHASING'S ONLINE CONTRACTS PRINTED/ATTACHED BY: BCC FINANCE Schedule (01) BANK QUALIFIED CERTIFICATE RE: Government Obligation Contract dated as of December 7, 2010, between Kansag Stat e Bank of Manhatt (Obligee) and Okaloosa County Board of Commissioners (Obligor) Whereas, Obligor hereby represents that it is a “Bank Qualified” Issuer for the calendar year in wi ich this’ Contract is executed by making the following designations with respect to Section 265 of the Internal Revenue Code. (A “Bank Qualified Issuer” is an issuer that issues less than thirty million ($30,000,000) dollars of tax-exempt obligations during the calendar year). Now, therefor, Obligor hereby designates this Contract as follows: 1. Designation as Qualified Tax-Exempt Obligation. Pursuant to Section 265(b)(3)(B){i) of the Internal Revenue Code of 1986 as amended (the “Code’), the Obligor hereby specifically designates the Contract as a “qualified tax-exempt obligation” for purposes of Section 265(b)(3) of the Code. In compliance with Section 265(b)}(3)(D) of the Code, the Obligor hereby represents that the Obligor will not designate more than $30,000,000 of obligations issued by the Obligor in the calendar year during which the Contract is executed and delivered as such “qualified tax-exempt obligations’. 2. Issuance Limitation. In compliance with the requirements of Section 285(b)(3)(C) of the Code, the Obliger hereby represents that the Obligor (including all subordinate entities of the Obligor within the meaning of Section 265(b)(3)(E) of the Code) reasonably anticipates not to issue in the calendar year during which the Contract is executed and delivered, obligations bearing interest exempt from federal income taxation under Section 103 of the Code (other than “private activity bonds” as defined in Section 141 of the Code) in an amount greater than $30,000,000. A oy Okaloosa Count Boardiot Commissioners Signature [ 7 gnature fj ? Mago Hares Oe Typed Name and Title REFERENCE: PURCHASING'S ONLINE CONTRACTS PRINTED/ATTACHED BY: BCC FINANCE INSURANCE REQUIREMENTS Pursuant to Article V in the Government Obligation Contract, you have agreed to provi insurance covering the property in the Contract. A Certificate of Insurance naming*all in: coverages must be determined to us as soon as possible, but no later than the late on which delivery equipment occurs. If you have not taken possession of the equipment, please write: memo to Kansas State Bank stating your carrier, insurance agent and telephone number to reach them upon delhi . In the case of self-insurance, the amounts of lability and physical damage coverage are to be li form of certificate supplied by you. In addition, information regarding the nature of your self-insurance program should also be forwarded to us as soon as possible. INSURANCE REQUIREMENTS: 1. LIABILITY ¥ Minimum of $1,000,000.00 combined single-limit on bodily injury and property dantage. Y Ransas State Bank and/or Its Assigns MUST be listed as additional insured and loss payee. 2, PHYSICAL DAMAGE ¥ All risk coverage to guarautee proceeds sufficient to pay the applicable Purchase Option Price as set forth im Exhibit B of tre Contract. Kansas State Bank and/or Its Assigns MUST he listed as additional insured and loss payer. 3. ENDORSEMENT ¥ Obligee will receive at least thirty (30) days written notice from Insurer prior to alteration, cancellation or reduction of insurance coverage. PLEASE FAX THE CERTIFICATE TO US AS SOON AS POSSIBLE AT (785) 587-4068, AND MAIL THE ORIGINAL TO: Kansas State Bank and/or Its Assigns P.O. Box 69 Manhattan, Kansas 66505-0069 YOUR ASSISTANCE IS GREATLY APPRECIATED TO COMPLETE THIS TRANSACTION, IF YOU HAVE ANY QUESTIONS, PLEASE GIVE US A CALL AT (877) 587-4054, Okaloosa County Board of Conunissioners Insurance Company: Prefrrced bovernmends} Jygntence Jruge Agent's Name: /udhic Wish /nSurance. Agent ~ fag | Louse Telephone #: 386-239-4095 Fax #: e-mail —_ polawson 6 bbpria, Cow Address, City, State & Zip: 220 S.&d¢bayod Awe Devtone } ech 6. B24 REFERENCE: PURCHASING'S ONLINE CONTRACTS PRINTED/ATTACHED BY: BCC FINANCE ACORD EO RiLim aA Ti SADC : ToR RY DATE MIDDAY) {dino Bee ES Dero ae : 12/22/2010 PRODUCER 386.2 THIS CERTIFICATE (8 ISSUED AS A MATTER OF INFORMATION ac RG ONLY AND ERS NO RIGHTS UPON THE CERTIFICATE Public Risk Insurance Agency HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P, 0. Box 2416 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Daytona Beach, FL 32215 Attn eet Ext A ce ORE Okaloosa County BOCC 601-A North Pear] Street ~“Lisvae Crestview, FL 32536 onary Y COMPANY D company Travelers Property & Casualty — B ee a ee oS re a THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDEO BY THE POLICIES DESCRIBED HEREIN |S SUBJECT TO ALL THE TERMS, EXCLUSIONS AND GONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. F ied TYPE OF INSURANCE | POLICY NUMBER ATE MIDDAY) OATE MEDD COVERED PROPERTY uMTs LX] PROPERTY IAMR~ 26982 16/01/2010 | 10/01/2011 | BUILOING is 75,000,000 "CAUSES OF LOSS UNDERWRITERS AT LLOYDS, =} : _| PERSONAL PROPERTY 7 BASIC LONDON i BUSINESS INCOME BROAD H j X | EXTRA EXPENSE $ SPECIAL MSP-12290 - QBE SPECIALTY ____| BLANKET BULOINS ‘$s EARTHQUAKE STNSURANCE CO. |__| BLANKET PERS PROP s FLOOD ___| BLANKET BLDG APP | $ CPP9653576 - STEADFAST X| Flood s IEINSURANCE CO. $ |_| INLANO MARINE . $ _ TYPE OF POLICY = | CAUSES OF LOSS - _| NAMED PERILS _ OTHER oad CRIME TYPE OF POLICY B |X | owen macninery BM2 1+7943N492 10/01/2010 | 10/01/2011 | s 100000000 t 3 X | ovner UTS2512292.10 10/01/2010 | 10/01/2011 5,000,00d Terrorism Sublimit i i Combined Liab 5,000,000 } i i LOCATION OF PREMISESIDESCRIPTION OF PROPERTY Building and contents coverage are provided on a replacement cost basis and BI/EE is actual loss bustained. No co-insurance penalty applies. eee eeeee ey oivo Col0 Motor Graders, #501935, #501936, #501938, #501939 - $158,852ea. Kertificate Holder is listed as loss payee and additional insured. EXPIRATION DATE THEREOF, THE ISSUING GOMPANY WILL ENDEAVOR TO MAIL, GO __ ays WRITTEN NOTIGE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Kansas State Ban k of Man if] attan SUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 1016 Westloop, PO Box 69 OF ANY KIND UPON THE COMPARY, ITS AGENTS OR REPRESENTATIVES. Manhattan, KS 66505-0069 AUTHORIZED REPRESENTATIVE ; ul Dawson/TRISH ere ete 6 pe pono REFERENCE: PURCHASING'S ONLINE CONTRACTS PRINTED/ATTACHED BY: BCC FINANCE 8038-G information Return for Tax-Exempt Governmental Obligations Form >» Under Internal Revenue Code section 149(e} : OMB No. 1545-0720 (Rev. May 2016} » See separate instructions. | Gaution: if the issue price is under $100,000, use Forrn 8038-GC. feias| Reporting Authority if Amended Rety’ here & LJ 1 Issuer's name 2 issuer's employer id Aueiber (EIN) Okaloosa County Board of Commissioners 59 T Roanysuita 4 Agport n: 3 Number and street (or P.O. box if mail is not delivered to street address} 302 N. Wilson Street, Suite 203 § City, town, or post office, state. and ZIP cade & Date of i Crestview, FL 32536 7 Name of issue 8 CUSIP number” Government Obligation Contract None® 9 Name and title of officer of tne issuer or other person whom the IRS may cail for more information 10 Telephone number of officer or other person ( } i Part 1] Type of issue (enter the issue price) See instructions and aitach schedule 41 Education 2 14 42 Healthandhospitat LB 43 Transportation. 20 13 14 Publicsafety . . . Ce 14 15 Environment (including sewage bonds), Co 15 16 Housing. 2 0. 16 | 17 Utilities 2. Se 7 48 Other. Describe > Four 4 New Volvo G930 Motor Graders _ 18 19 If obligations are TANs or RANs, check only box 19a ee ie if obligations are BANs, check only box 196 |... re a 20 if obligations are in the form of a lease or installment sale, check box . YY Part Ui Description of Obligations. Complete for the entire issue for which this form is being filed. | {a} Final maturity date tb) Issue price & ponent val neers y {e) ¥ieid 2t 15/2014 § 635,803.00 | $ NIA 3.08 years % Uses of Proceeds of Bond Issue {including underwriters’ discount) 22 Proceeds used for accrued interest. . So ee 22 23 Issue price of entire issue (enter amount from line 24, * column toy) ee ge 23 24 Proceeds used for bond issuance costs (including underwriters’ discount) . [24 28 Proceeds used for credit enhancement 2... , 28 26 Proceeds allocated to reasonably required reserve or replacement fund . . 4-26 27 Proceeds used to currently refund oriorissuss © | wee 27 28 Proceeds used to advance refund prior issues. 2. 2 1 ke 28 29 Total (add lines 24 through 28)... . 29 30 _Nonrefunding proceeds of the issue (subtract line 29 from line. 23 and enter amount here) _. : 30 Description of Refunded Bonds (Complete this part only for refunding bonds) 31 Enter the remaining weighted average maturity of the bonds to be currently refunded... & years 32 Enter the remaining weighted average maturity of the bonds to be advance refunded. , . ® af BATS 33 Enter the last date on which the refunded bonds will be called (MM/DD/YYYY) . 2 6 2 6 34 Enter the date(s) the refunded bonds were issued be MM/DD/YY) For Privacy Act and Paperwork Reduction Act Notice, see separate instructions. Cat. No. 63 Form 8038-G Rev. 5-2010) REFERENCE: PURCHASING'S ONLINE CONTRACTS PRINTED/ATTACHED BY: BCC FINANCE Form 8038-G (Rav, 5-2010} Fea Miscellaneous Enter the arnount of the state volume cap allocated to the issue under section 141(b}(5) . 36a Enter the amount of gross proceeds invested or to be invested in a guaranteed investment cor (GIC) (see instructions) . toe b Enter the final maturity date of the aic > nanan 37 Pooled. financings: a Proceeds of this issue that are to be used to make loans to other governmental units 2. , us b If this issue is a loan made from the proceeds of another tax exempt issue, | check box > oO and enter | issuer and the date of the issue 38 If the issuer has designated the issue under section 265(b)(3)(B) (MI). (small issuer exception), check box . |. . & 39 If the issuer has elected to pay a penalty in lieu of arbitrage rebate, check box. 2. |... 40 If the issuer has identified a hedge, check box, 6 6. ee ee Under penalties of perjury, | declare that | have examined this return and accompanying schedules and statements, and to the best of my knowledge Signature and belief, they are true, correct, and complete. | further declare that | consent to the IRS's disclosure of the issuer's return information, as necessary return, to-the person that | have authorized above. Gor : Jd, Consent a / L fh ‘Z3 hid ‘ath Alen. Drselasig Svices a y. S ghature of igstier's S autnorkal 66 Soresentative Date Type or print name ands Paid Preparer’s > Date i check # Preparer's SSN of of 1 Signature | self-employed [J Preparer’s: , Firm's name jor EIN. Use Only | yours set-employeay, address, and ZIP code: Phone no. if } Form 8038-G (Rev. $-2010) BOARD OF COUNTY COMMISSIONERS REFERENCE: PURCHASING'S ONLINE CONTRACTS PRINTED/ATTACHED BY: BCC FINANCE AGENDA REQUEST DATE; August 3, 2010 TO: Honorable Chairman & Members of the Bo: FROM: Richard Brannon, Purchasing Department SUBJECT: Award Lease of (4) New Motor Graders; Bid #PW 42-10 DISTRICT: All Pe ee a ee a ee ee ee ee ee ee ee ee ee ee 2 ee ee REQUESTING DEPT: Purchasing STATEMENT OF ISSUE: Bids were opened July 25, 2010. Five (5) bids were received. ASC Volvo is the lowest responsive bidder @ a cost of $6,248.61 per month for four (4) units. BACKGROUND; In March 2010, the BCC approved a series of road improvement projects to be accomplished this fiscal year. The Road Division completed all of the projects assigned. The Purchasing Department also solicited bids for surface treatment to two roads, The winning contractor bid lower than expected prices for their work. All together, these projects came in approximately $700,000 under their budgeted costs. In June 2010, Public Works requested, and the BCC approved, the extension of the surface treatment to an additional 6 roads (4.4 miles) and the Public works request to, among other items, lease 4 additional motor graders for 3 years. The Purchasing Department solicited bids for this lease and received bids from 5 different companies, We are requesting that the BCC accept the lowest responsible bid. The money to pay for this lease has been placed into an LOGT account #3202-564402. OPTIONS: Approve or Reject. RECOMMENDATION: Staff has reviewed the bids and recommends awarding to ASC Volvo; they being the lowest responsive bidder. The total annual cost is $74,983.32 and $224,949.96 for 3 years. RECOMMENDED BY: US Purchasing wae Yn i, REVIEWED BY: pO rece Mec. Assistant County Administrator APPROVED BY: County Administrator REFERENCE: PURCHASING' pug 04 10 02: S ONLINE C 2:09p Purchasing DRINTED/ATTACHED EY: BR FINANCE one's NOTICE OF AWARD TO: ASC Construction Equipment, Inc. ATTN: John Edwards 3240 Moffett Road Mobile, Al. 36607 PROJECT DESCRIPTION: RFB# PW 42-10 Equipment Lease of (4) New Motor Graders The OWNER has considered the BID submitted by you for the above-described WORK in response to its Advertisement for Bids dated _July 15, 2010 _ and Information for Bidders. You are hereby notified that your BID has been accepted for items in the amounts of $6,248.61 per month (for ail 4 units). You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER: Okaloosa County Purchasing, 602-C North Pearl St., Crestview, FL 32536. If you have any questions, please calf Jack Allen at 850-689-5960. Dated this 3rd day of _August_, 2010. OWNER — 0 COUNTY BOARD OF COUNTY COMMISSIONERS BY: TITLE Purchasing Director Richard L Brannon ACCEPTANCE OF NOTICE Receipt of the above NOTICE OF AWARD is hereby acknowledged. BY: Tehn Eabutard 8 ASé Constraction Ej uipmert _ This the S th day of AusuSst , 2010. BY: QVhn Jha a rite: _Geuerad {‘lasagec REFERENCE: PURCHASING'S ONLINE CONTRACTS sae eae > FINANCE SALES CONTRAG Customer No, County State Date Customer P.O. Salesman Okaloosa Florida 8/5/2010) John Edwards Destination State VIA im Customer x | Comman Pickup Carier Okaloosa County Florida C] otter. S$ Okaloosa County Commission C] ineividua [_Tearnership Jere. oO Terms: C7 Cash on Finance No, months 602 N. Pearl Street Delivery L Crestview Fl 32536 To be financed with Baystone Financial for 36 Months at a lease D payment of 1562.15 per month each and an buy back at the end T of the lease for the amount of $120,808 each i?) PHONE NO. 850-689-5960 Quan. Mfg. Model Serial No. Equipment No. Price 4\Volvo 6930 $158,852 Four Volvo G930 Motor Graders equipped with 14 foot moldboards, cab, a/c, and other items listed in specifications. Units to include Caretrack and subscription for 3 years. To also include one set of fitters for each unit WITH WARRANTY OF: Std machine warranty F.0.B. Equipment Price $635,408 Used Equipment sold on an “AS IS WHERE !S" basis unless specifically noted on the face of this contract Freight Less Trade in Trade ins are F.0.B. our branch Sub Total $635,408 BILE. OF SALES FOR TRADE IN: For value received, Customer sells and delivers unto ASC Construction Equipment USA, Inc. Sales Tax oGNIA Mig. Model Serial No. Attachments Carrying Charge Less Down Payment Caminer warrants that there is no Ken, debt, mortgage, oF eucumbrance of any Kind, nature, or description Against this property now existing, or record of otherwise, and that sane ig free und clear and is his sole Trade Payoft land absolute property Unpaid Balance $635,408 “Ail shipiaants subject 10 unforeseen contingencies or the Gllest of priorihes or olber regulations of the United States government, or delays occasioned by sinikes, weather, ov aay other occurrence beyond our contsol. Prices are F.O.B. factory uniless utheswise noted ase subjeat to any change in current list prices nt the time of shipment from factory. Onthe purchase of new equipment, the warranties, including all limitations, of the manufacturer of that equipment are transferred by ASC Construction Equipment, USA, Ine, 10 the customer. These warranties are incorponuted by reference. You are entitled to & copy of these warrsnties prior to signing this contract. Thare are no understandings, cepreseniations, of agreements outside the terms of this contract. This contract is aot binding, upon ASC Construction Equipment, USA, Ine. until approved and ancepted by the management of ASC Construction Equipment, USA, Inc. Order cancellation changes assessed ( ASC Construction Equipment, USA, Inc. by the supplier or manufacturer, if any, will be paid to the customer." SUBJECT TO TERMS AND CONDITIONS ON REVERSE SIDE INCLUDING WARRANTY LIMITATIONS Accepted Credit Approved Purchasing Company ASC Construction Equipment By hea gf SaGUSES it Bat Signalure’ al mer le ie ha / cheraele Date P-S -20¢8 Ope Juteltasty Sovite feel s/ea Tite ff Signature of Salesman in ~~" {Date General Manager Date 8/5/2010 REFERENCE: PURCHASING'S ONLINE CONTRACTS PRINTED/ATTACHED BY: BCC FINANCE BID SHEET Date:__July 14 2010 BID #: PW 42-10 BID ITEM: BID ITEM: EQUIPMENT LEASE FOR (4) NEW MOTOR GRADERS Please complete all columns that your company can bid. Okaloosa County reserves the right to select the pricing/proposal that best meets its needs. Please include details with your bid. $ Per Unit Total 4 Units 4,—Purchase Price i. Straight Lease Price per month (3 years) $1,562.45 $6,248.61 2. Gast-te-purehase Purchasing Option Price @ end of 3 year lease $120,808.00 $483,232.00 3. Cost to return units @ end of lease * see attached *see attached Do not include maintenance in your pricing. ANTI-COLLUSION STATEMENT: The below signed bidder has not divulged to, discussed or compared his bid with other bidders and has not colluded with any other bidder or parties to bid whatever. (Note: No premiums, rebates, or gratuities permitted either with, prior to, or after any delivery of materials. Any such violation will result in the cancellation and/or return of material (as applicable) and the removal from bid list(s). ASC Construction Equipment OL. Ebarke Bidder’s Company Name Asthorized Signature ~ Manual 3240 Moffett Road John Edwards Authorized Signature - Typed Mobile Alabama 36607 General Manager Address Title 850-685-7055 251-473-6119 Phone # Fax # 20-1862082 John.edwards@ascvolvo.com Federal 1D # or SS # E-mail address REFERENCE: PURCHASING'S ONLINE CONTRACTS PRINTED/ATTACHED BY: BCC FINANCE construction Equipment _ USAING. oo Mr. Richard Brannon July 14, 2010 Purchasing Director Okaloosa County Fl. Dear Richard, We sincerely appreciate the opportunity to offer the Volvo G930 for your consideration. In conjunction with our offer, we are pleased to be able to offer competitive leasing solutions with Baystone Financial. With these leases, it requires Okaloosa County to take possession of the graders at the end of the term. This was just like the first round of G930’s that you purchased. If you decide at the end of the 36 months that you want to return the units, you will be asked to purchase the units and ASC Construction Equipment will purchase the graders from Okaloosa County for the value of $120,808.00 each and $483,232.00 total for all four units. This letter will serve as our buyback offer and is conditional on the units having less than $1,500.00 in sheet metal and glass damage and shall be in good working order and well maintained. If you have any questions, please give me a call. Again, | want to thank you for allowing us to serve your needs. Sincerely, | John Edwards General Manager Gulf Coast Region ASC Construction Equipment 850-685-7055 REFERENCE: PURCHASING'S ONLINE CONTRACTS PRINTED/ATTACHED BY: BCC FINANCE EQUIPMENT LEASE FOR (4) FOUR NEW MOTOR GRADERS Se 2—{ Board of County Commissioners | —S BID #: PW 42-10 BID OPENS: JULY 15, 2010 @ 3:15 P.M. REFERENCE: PURCHASING'S ONLINE CONTRACTS PRINTED/ATTACHED BY: BCC FINANCE NOTICE TO BIDDERS Notice is hereby given that the Board of County Commissioners of Okaloosa County, FL, will accept sealed bids until 3:15 p.m. (local time) July 15, 2010, for Equipment Lease for four (4) New Motor Graders. Pursuant to copies of bid provisions, bid forms, and specifications may be obtained from the Okaloosa County Purchasing Department, 602-C North Pearl Street, Crestview, FL 32536; 850-689-5960 or they may be downloaded from our website at www.co.okaloosa.fl.us (Departments, Purchasing, Vendor Registration & Opportunities). At 3:15 p.m. (local time), July 15, 2010, the bids will be opened and read aloud, All bids must be in sealed envelopes reflecting on the outside thereof the bidder’s name and "Bid on Equipment Lease for four (4) New Motor Graders to be opened at 3:15 p.m., July 15, 2010". The Board of County Commissioners will consider all bids properly submitted at its scheduled Bid Opening in the Conference & Training Room #305 located at 302 N. Wilson St, Crestview, FL 32536. Bids may be submitted in the Conference & Training Room #305, prior to Bid Opening or delivered to the Clerk of Circuit Court, 302 N, Wilson St., #203, Crestview, FL 32536. There is no obligation on the part of the County to award the bid to the lowest bidder, and the County reserves the right to award the bid to the bidder submitting a responsive bid with a resulting negotiated agreement which is most advantageous and in the best interest of Okaloosa County, and to waive any irregularity or technicality in bids received. Okaloosa County shall be the sole judge of the bid and the resulting negotiating agreement that is in its best interest and its decision shail be final. Any bidder failing to mark outside of envelope as set forth herein may not be entitled to have their bid considered. Ail bids should be addressed as follows: Clerk of Circuit Court Attn: Gary Stanford Newman C. Brackin Bldg. 302 N. Wilson St. #203 Crestview FL 32536 L/Signed// 06/23/2010 Richard L Brannon Date Purchasing Director BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY Wayne Harris Chairman REFERENCE: PURCHASING'S ONLINE CONTRACTS PRINTED/ATTACHED BY: BCC FINANCE SPECIFICATIONS BID #: PW 42-10 BID ITEM: EQUIPMENT LEASE FOR (4) NEW MOTOR GRADERS The motor graders under these specifications shall be new, current production model. These specifications are minimum requirements and are intended to govern the size and type of unit purchased. Any exceptions or variations from these basic specifications must be stated. Caterpillar 140M, John Deere 6706, Komatsu GD655-3, Valvo G930 or equivalent. Bidder is required to complete blank spaces as provided by each line item of equipment. Plainly list each item of equipment offered on bid. A. ENGINE 1. Turbocharged diesel engine with minimum 155 net horsepower. YES 2. Variable max net horsepower 185 or more. YES 3. Must provide one set or replacement filters for entire machine. YES B. TRANSMISSION & DIFFERENTIAL 1 Powershift with at least 8 speeds forward and 4 speeds reverse. YES 2, Autoshift to enable automatic shifting through selected working range. YES 3. Differential lock. : YES ion WEIGHT 1. Base weight 32,000 minimum. YES BD. STEERING & ARTICULATION 1. Articulation minimum 20 degrees. YES 2. Turn radius maximum 25 feet. YES sss si te me ET LE A REFERENCE. PURCHASING'S ONLINE CONTRACTS PRINTED/ATTACHED BY: BCC FINANCE 3. Steering capabilities must meet all requirements of ISO 5010. YES MOLDBOARD, FRAME & PRODUCTIVITY 1. Moldboard length 14 feet. YES 2. Blade lift minimum 16.8 inches above the ground. YES 3. Shoulder reach outside wheels minimum 70 inches. YES 4 Blade downforce capability 15,000 Ibs. minimum. YES 5. Blade pulls at maximum base weight 20,900 ibs. minimum. YES 6. Slope meter in cab. YES 7. Rear drawbar. YES 8. Hydraulically controlied scarifier with five (5) teeth mounted between moldboard and front axle. YES CAB & SAFETY ITEMS 1. ROPS low profile cab. YES 2. Air conditioning and heater. YES 3. Air suspension seat. YES 4. Wipers front and rear. YES 5. Fold away side mirrors. YES 6. Working lights front and rear. YES err ess sede I SI IE REFERENCE: PURCHASING'S ONLINE CONTRACTS PRINTED/ATTACHED BY: BCC FINANCE 7. Backup alarm. YES 8. Vandalism protection group. Includes locks for engine, tool box, batteries, and all exposed fuel and fluid ports. YES 9. Slowing Moving Vehicle emblem mounted on rear of machine. YES 10. Braking system shall meet requirements of ISO 3450. YES il. Cab must have two entry/exit doors. YES G. TIRES i. 14:00-24 TG radial (G-2) tires. YES 2, Three (3) piece rims. YES H, WARRANTY 1. State manufacturer's standard warranty. A copy must be provided with bid. YES L MANUALS i. Two (2) sets of parts manuals and shop repair manuals to cover repairs to all component of the machine. CD ROM or DVD is acceptable instead of books. YES J. TRAINING 1 Successful vendor shall provide 8 hours of in the field operator training. YES K. EQUIPMENT 1, Provide manufacturer's basic GPS tracking system such as Product Link (CAG) or JDLink (Deere). YES L DELIVERY gars sSNA OPS AA EE I REFERENCE: PURCHASING’S ONLINE CONTRACTS PRINTED/ATTACHED BY: BCC FINANCE 1. State availability of equipment in calendar days, 115 days. YES 2. Failure to meet this requirement may result in cancellation of award. YES. REFERENCE: PURCHASING'S ONLINE CONTRACTS PRINTED/ATTACHED BY: BCC FINANCE SPECIAL CONDITIONS 1. The successful proposer shall be responsible for delivering equipment that is properly serviced, cleaned and in first class operating condition; pre-delivery service at a minimum, shall include the following: A Complete lubrication. B. Check all fluid levels to assure proper fill. ion Adjustment of engine to proper operating condition. D. Inflate tires to proper pressure. E, Check to assure proper operation of all accessories, gauges, lights and mechanical features. 2. Vendor shall furnish a copy of the manufacturer's production line sheet with each vehicle delivered. 3. Acceptance: A The successful proposer must call at least 48 hours in advance of delivery to Okaloosa County Fleet Operations (850-689-5775, John Vaughn), 2798 Goodwin Avenue, Crestview, FL 32539. B. Delivery of equipment to Okaloosa Board of County Commissioners does not constitute acceptance for the purpose of payment. Final acceptance and authorization of payment shall be given only after a thorough inspection indicates that the equipment meets contract specifications and conditions as listed. Should the delivered equipment differ in any respect from specifications, payment will be withheld until such time as the supplier takes necessary corrective action. The Purchasing Department shall be notified of the deviation in writing within 10 days and the provisions of the delivery paragraph shall prevail. If the proposed corrective action is not acceptable to Okaloosa County, the final acceptance of the equipment, in which case the equipment remains the property of the supplier and the County shall not be liable for payment for any portion thereof, 4, Specification Exceptions: Specifications are based on the most current literature available. Proposer shall clearly list any change in the manufacturer's specifications which conflict with the bid specifications. Proposer must also explain any deviation from the bid specification in writing, as a footnote on the applicable bid page and enclose a copy of the manufacturer's specifications data detailing the changed item(s) with their bid. Failure of the proposer to comply with these provisions will result in proposers being held responsible for all costs required to bring the equipment in compliance with contract specifications. 5. Addition/Deletion of Item: The County reserves the right to add or delete any item from this bid or resulting contract when deemed to be in the County’s best interest. 6. Factory Warranty: Failure by any manufacturer's authorized dealer to render proper warranty service/adjustments, including providing a copy of the warranty work order to the County, shail subject that dealer and the contractor to suspension from the County’s approved vendor listing until satisfactory evidence of correction is presented to the County Purchasing Department. 7. Factory Authorized Sales & Service Dealer: Proposers must be factory authorized sales and service dealer. senreecetosetngameemmseh c EM eU EA R SST eaS REFERENCE: PURCHASING'S ONLINE CONTRACTS PRINTED/ATTACHED BY: BCC FINANCE 8. Local Preference: Okaloosa County reserves the right to grant a preference to in-county bidder only when bids are received from firms located in states, counties, municipalities or other political subdivisions which offer preference to bidders located in such political subdivisions, The amount of preference given to local bidders will be the same as that given by the state, county, municipality or other political subdivisions in which a bidder is located. If the political subdivision in which a bidder is located offers a preference to its local firms, that bidder must plainly state the extent of such preference to include the amount and type preference offers. Any bidder failing to indicate such preference will be removed from the County bid list and any and all bids from that firm will be rejected. Note: For bidder's convenience, this certification form is enclosed and is made a part of the bid package. 1 Reorganization or Bankruptcy Proceedings: Quotes will not be considered from vendors who are currently involved in official financial reorganization or bankruptcy proceedings. 10. Payments: The contractor shall be paid upon submission of invoices, in duplicate to the Okaloosa County Board of Commissioners, Finance Office, 302 N. Wilson St., #203, Crestview FL 32536. The prices stipulated herein for articles delivered and accepted. Invoices must show County assigned Lease #. 11, Information: Questions concerning bid requirements or specifications should be directed to the Okaloosa County Purchasing Department, 602-C North Pearl St, Crestview, FL 32536; Phone 850- 689-5960; Attn: Richard Brannon. Any changes by the County to specifications shall be in writing in the form of an addendum and furnished to all proposers. Verbal information obtained otherwise will not be considered in awarding of bids. 12. Authority to Piggyback: All bidders submitting a response to this Invitation to Bid agree that such response also constitutes a bids to all governmental agencies under the same conditions, for the same contract price, and for the same effective period as this bids, should the bidder fee! it is in their best interest to do so. Each governmental agency desiring to accept these bids and make an award thereof shall do so independently of any other governmental agency. Each agency shall be responsible for its own purchases and each shall be liable only for materials and/or services ordered and received by it, and no agency assumes any liability by virtue of this bid. This agreement in no way restricts or interferes with the right of any governmental agency to bid any or all ems. 13. Additional Quantities and/or Options: The Board reserves the right to purchase all or more than or part of the listed vehicle(s), and to delete or add any option item(s) of equipment as may be in the best interest of the County. 14. The County reserves the right for any governmental agency located In Okaloosa County to be able to purchase under this bid contract if they so desire. 15. Quote Opening: Quote Opening shall be public, on the date and time specified on the bid form. It is the propaser’s responsibility to assure that his bid is delivered at the proper time and place, Offers by telegram, facsimile, or telephone are NOT acceptable. Note: Crestview, FL is “not a next day guaranteed delivery location” by delivery services. 16. 17. 18. 19. 20. REFERENCE: PURCHASING'S ONLINE CONTRACTS PRINTED/ATTACHED BY: BCC FINANCE Public Entity Crime Information: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list, Conflict of Interest Disclosure Form: The award hereunder is subject to the provisions of Chapter 112, Florida Statutes. All respondents must disclose with their proposals the name of any officer, director, or agent who is also a public officer or an employee of the Okaloosa Board of County Commissioners, or any of its agencies. Furthermore, all respondents must disclose the name of any County officer or employee who owns, directly or indirectly, an interest of five percent (5%) or more in the firm or any of its branches. Furthermore, the official, prior to or at the time of submission of the proposal, must file a statement with the Clerk of Circuit Court of Okaloosa County, if he is an officer or employee of the County, disclosing his or spouse's or child’s interest and the nature of the intended business. Note: For proposer’s convenience, this certification form is enclosed and is made a part of the bid package. Identical Tie Quotes: Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality and service are received by the County for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process (see attached certification form). Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. Note: For proposer’s convenience, this certification form is enclosed and is made a part of the bid package. Recycled Content Information: In support of the Florida Waste Management Law, proposers are encouraged to supply with their bid, any information available regarding recycled material content in the products bid. The County is particularly interested in the type of recycled material used (such as paper, plastic, glass, metal, etc.); and the percentage of recycled material contained in the product. The County also requests information regarding any known or potential material content in the product that may be extracted and recycled after the product has served its intended purpose. Note: For proposer’s convenience, this certification form is enclosed and is made a part of the bid package. The following documents are to be submitted with this bid: A. Specifications (Blank spaces to be filled out). B. Conflict of Interest Disclosure Form (to be filled out and signed). C. Drug-Free Workplace Certification Form (to be filled out and signed). REFERENCE: PURCHASING'S ONLINE CONTRACTS PRINTED/ATTACHED BY: BCC FINANCE D. Local Preference Data Form (to be filled out and signed). E, Recycled Content Form (to be filled out and signed). ai. Right to Waive & Reject: A. The Board in its absolute discretion may reject any bid of a proposer that has failed, in the opinion of the Board, to complete or perform an Okaloosa County contracted project in a timely fashion, and has directed the Okaloosa County Purchasing Director to emphasize this condition to potential proposers. B. There is no obligation on the part of the County to award the bid to the lowest proposer, ! and the County reserves the right to award the bid to the proposer submitting a i responsive bid with a resulting negotiated agreement which is most advantageous and in the best interest of Okaloosa County, and to reject any and all bids or to waive any irregularity or technicality in bids received. Okaloosa County shall be the sole judge of the bid and the resulting negotiating agreement that is in its best interest and its decision shall be final. Cc. The Board of County Commissioners reserves the right to waiver any informalities or reject any and all bids, in whole or part, to utilize any applicable state contracts in lieu of or in addition to this bid and to accept the bid that in its judgement will best serve the interest of the County. D. The Board of County Commissioners specifically reserves the right to reject any conditional bid and will normally reject those which made it impossible to determine the true amount of the bid. 22. Disqualification of Proposers: Any of the following reasons may be considered as sufficient for the disqualification of a proposer and the rejection of his proposal or proposals; A. More than one proposal for the same work from an individual, firm or corporation under the same or different name. 8. Evidence that the proposer has a financial interest in the firm of another proposer for the same work. Cc. Evidence of collusion among proposers. Participants in such collusion will receive no recognition as proposers for any future work of the County until such participant shall have been reinstated as a qualified proposer. D, Uncompleted work which in the judgement of the County might hinder or prevent the prompt completion of additional work if awarded. E, Failure to pay or satisfactorily settle all bills due for labor and material on former contracts in force at the time of advertisement of proposals. F. Default under previous contract. G. The Board, in its absolute discretion, may reject any proposal of a proposer that has failed, in the opinion of the Board, to complete or perform an Okaloosa County contracted project in a timely fashion or has failed in any other way, in the opinion of the Board, to perform a prior contract in a satisfactory manner, and has directed the Okaloosa County Purchasing Director to emphasize this condition to potential proposers. eer scepter e EP EN REFERENCE: PURCHASING'S ONLINE CONTRACTS PRINTED/ATTACHED BY: BCC FINANCE CONFLICT OF INTEREST DISCLOSURE FORM For purposes of determining any possible conflict of interest, all bidders/proposers, must disclose if any Okaloosa Board of County Commissioner, employee(s), elected officials(s), of if any of its agencies is also an owner, corporate officer, agency, employee, etc., of their business. Indicate either “yes” (a county employee, elected official, or agency is also associated with your business), or “no”. If yes, give person(s) name(s) and position(s) with your business. YES. NOvooacccocn NAME(S) POSITION(S) FIRM NAME: ASC Construction Equipment Inc. BY (PRINTED): John Edwards BY (SIGNATURE): Oke LL L A TITLE: // General Manager. ADDRESS: 3240 Moffett Road Mobile Alabama 36607 PHONE NO. 850-685-7055 E-MAIL john.edwards@ascvolvo.com solutionje@gmail.com REFERENCE: PURCHASING'S ONLINE CONTRACTS PRINTED/ATTACHED BY: BCC FINANCE DRUG-FREE WORKPLACE CERTIFICATION THE BELOW SIGNED BIDDER CERTIFIES that it has implemented a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection 1. 4. In the statement specified in subsection 1, notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no jater than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in, drug abuse assistance or rehabilitation program if such is available in employee's community, by any employee whe is convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign this statement, I certify that this firm complies fully with the above requirements. DATE: 07/13/2010 SIGNATURE: Qed “hawk: COMPANY: ASC Construction Equipment NAME: John Edwards (Typed or Printed) ADDRESS: 3240 Moffett Road TITLE: General Manager Mobile Alabama 36607 E-MAIL: john.edwards@ascvolvo.com PHONE NO.: 850-685-7055 REFERENCE: PURCHASING'S ONLINE CONTRACTS PRINTED/ATTACHED BY: BCC FINANCE LOCAL PREFERENCE DATA SHEET Refer to Special Bid Condition Does the state, county, municipality or political subdivision in which your firm is located offer a preference to their local bidders? (If your firm is located in Okaloosa County, you will check “NO.”) If “YES,” list below the extent of such preference. YES. NOXXXXXXXXX ASC Construction Equipment Inc Bidder’s Company Name John.edwards@ascvalvo.com E-Mail V4 Zbrark (/ Authorized Signature — Manual John Edwards Authorized Signature - Typed REFERENCE: PURCHASING'S ONLINE CONTRACTS PRINTED/ATTACHED BY: BCC FINANCE RECYCLED CONTENT FORM RECYCLED CONTENT INFORMATION 1. Is the material in the above: Virgin. or Recycled. (Check the applicable blank). if recycled, what percentage %. Product Description: __New Motor graders 2, Is your product packaged and/or shipped in material containing recycled content? Yes No. XXX Specify: 3. Is your product recyclable after it has reached its intended end use? Yes HOOK No Specify: ___Up to 95% of the materials can be recycled. The above is not applicable if there is only a personal service involved with no product involvement. Name of Bidder: ASC Construction Equipment Inc.. E-Mail: _john.edwards@ascvolvo.com scams amt a ei ae LTT TN a REFERENCE: PURCHASING'S ONLINE CONTRACTS PRINTED/ATTACHED BY: BCC FINANCE BID SHEET Date:___ July 14 2010 BID #: PW 42-10 BID ITEM: BID ITEM: EQUIPMENT LEASE FOR (4) NEW MOTOR GRADERS Please complete all columns that your company can bid, Okaloosa County reserves the right to select the pricing/proposal that best meets its needs. Please include details with your bid. $ Per Unit Total 4 Units Purchase Price: 1. Straight Lease Price per month (3 years) $1,562.35 $6,248.61 2. Gast-te-purehase Purchasing Option Price @ end of 3 year lease $120,808.00 $483,232.00 3. Cost to return units @ end of lease * see attached *see attached Do not include maintenance in your pricing. ANTI-COLLUSION STATEMENT: The below signed bidder has not divulged to, discussed or compared his bid with other bidders and has not colluded with any other bidder or parties to bid whatever. (Note: No premiums, rebates, or gratuities permitted either with, prior to, or after any delivery of materials. Any such violation will result in the cancellation and/or return of material (as applicable) and the removal from + bid list(s). ASC Construction Equipment Gk. Fboint- Bidder’s Company Name Agfthorized Signature ~ Manual 3240 Moffett Road John Edwards Authorized Signature - Typed Mobile Alabama 36607 General Manager Address Title 850-685-7055 251-473-6119 Phone # Fax # 20-1862082 John.edwards@ascvolvo.com Federal 1D # or SS # E-mail address REFERENCE: PURCHASING'S ONLINE CONTRACTS PRINTED/ATTACHED BY: BCC FINANCE _ Gonstruction Equipment en. LISA, INC: Richard Brannon July 14, 2010 Purchasing Director Okaloosa County Fl. Dear Mr. Brannon, We are thankful to have the opportunity to offer four more Volvo G930 Motor Graders for your consideration. In a time when every dollar counts, the Volvo G930 and ASC Construction Equipment strive to help you get the production you need along with reducing your risks and expenses. Attached is the RFB that you sent me along with other documents that will give a detailed explanation of our offering. The G930 is equipped with all standard equipment and also has the following options added to it. Low profile quiet cab 72 db. Air conditioner and heater with easy filter access 14 foot moldboard 14 x 24 radial tires with three piece rims Front and rear work lights Defroster fans Air suspension seat Fold away mirror brackets Mid mount scarifier Auto shift transmission Slope meter Rear wipers Caretrack monitoring system In addition, just the four units you have taken delivery of, these four units will also be enrolled in the exclusive Volvo Care Track Monitoring program. It is already yielding benefits for Okaloosa County. Mark told me the other day that he is tracking fuel uses and it is half what it was with the older graders. Mr. Brannon, again, we appreciate this opportunity and I ask that if you have any questions that you please contact me and I will assist in any way possible. John (obo! General Manager ASC Construction Equipment 850-685-7055 VA kh REFERENCE: PURCHASING'S ONLINE CONTRACTS PRINTED/ATTACHED BY: BCC FINANCE VOLV © Volvo Construction Equipment North America, Inc. Warranty ~ Disclaimers — Limitations Limited Warranty Volvo Construction Equipment North America, Inc. (“Volvo CE”) hereby extends to its authorized dealers (“Dealer”) and the Dealer’s end-use customers (“Customer”, and both Dealer and Customer are referred to herein as a “Buyer”), who purchase a new Volvo construction equipment machine (“Machine”) or new Volvo part (“Part”, both of which are referred to herein as a “Product”) from Volvo, the following limited warranty: Subject to the exceptions and limitations set forth below, Volvo CE or Dealer will repair or replace any part of a new Machine or new Part which proves to be defective in material or workmanship during the following periods (the “Warranty Period”): Volvo wheel loaders: 12 months/1500 hours, whichever first occurs; Volvo articulated haulers: 12 months/1500 hours, whichever first occurs; Volvo hydraulic excavators: 12 months/1500 hours, whichever first occurs; Volvo motor graders: 12 months/1500 hours, whichever first occurs; Voivo compactors: 12 months/1500 hours, whichever first occurs; Volvo pavers: 12 months/1500 hours, whichever first occurs; Volvo compact wheel loaders (up to 100 net hp.); 12 months/unlimited hours; Volvo skid steer loaders: 12 months/unlimited hours; Volvo compact hydraulic excavators (less than 11 metric tons}: 12 months/unlimited hours; Volvo backhoe loaders: 12 months/unlimited hours; Volvo engines: 12 months/2500 hours, whichever first occurs; Volvo parts: 6 months/1500 hours, whichever first occurs; Volvo remanufactured components: 12 months/2500 hours, whichever first occurs. Volvo Hammer: 12 months The Warranty Period commences immediately following the delivery of said Product to the Buyer who first puts said Product into use. The foregoing limited warranty shall include the labor cost to accomplish the repair or replacement of the defective part provided that the repair or replacement was performed by a Dealer. The foregoing warranty does not cover: (i) any Product found to have been damaged by abuse, accident, other casualty or a failure to maintain or use the warranted Product in accordance with the applicable manuals or instructions (Buyer is required to use only original equipment manufacturer filters dering the Warranty Period); (ii) the labor costs to repair or replace defective Parts after the expiration of the Warranty Period of the Machine in which such Part is lecaied; (iii) overtime labor premiums; (iv) costs and expenses associated with the transportation of Dealer’s service personnel to and from the location of the warranted Product; (v) any parts, components, attachments or accessories for which Buyer receives a separate warranty by the manufacturer or producer thereof (in specified cases said warranty may be administered by Volvo CE); (vi} maintenance items or pround engaging parts that have achieved their normal service life. DISCLAIMER OF IMPLIED WARRANTIES AND LIMITATION OF REMEDIES THE FOREGOING WARRANTY TO BUYER IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, AND THERE IS NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. REMEDIES AVAILABLE TO BUYER ARE LIMITED TO MAKING A CLAIM UNDER THE FOREGOING WARRANTY AND ARE EXCLUSIVE AND EXPRESSLY LIMITED TO OBTAINING THE PARTS AND LABOR IN ACCORDANCE WITH THE TERMS OF SAID WARRANTY. ADDITIONAL LIMITATIONS OF LIABILITY 21D1001547 REV. 05/2008 REFERENCE: PURCHASING'S ONLINE CONTRACTS PRINTED/ATTACHED BY: BCC FINANCE Warranty — Disclaimers — Limitations LIMITATIONS OF LIABILITY AND DAMAGES Regardless of whether a claim against Volvo CE or Dealer is based on the foregoing warranty or is an action in contract, tort (negligence or strict liability) or otherwise, their respective liability for losses, damages or expenses of any kind arising from the design, manufacture, repair or sale of the Products is limited, unless otherwise prohibited by law, to an amount not exceeding the cost performing the obligations contained in the foregoing warranty, and in no event shall their respective or joint liability exceed the value of the Product or part thereof giving rise to such liability. CONSEQUENTIAL AND SIMILAR DAMAGES NOT RECOVERABLE Except for performing the obligations of the foregoing warranty in accordance with its terms, Volvo CE and Dealer shall have no liability for loss, damage, or expense, directly or indirectly, attributable to a loss of use of a Product, loss or damage to property other than the Product, Joss or damage to the Product or any part thereof or any other economic or commercial loss, including, without Hmitation, lost profits or special or consequential damages (except liability for any type of consequential damages which by law may not be disclaimed). The parties intend that this prohibition against consequential and similar damages will survive and be effective even if the limitation of remedies in the foregoing sections is found to fail of its essential purpose under section 2-719 of the Uniform Commercial Code, ALLOCATION OF RISK The foregoing warranty disclaimers, limitations of liability and limitation of remedies are bargained allocations of risks among (i) the Customer who purchased the Product; (ii) the Dealer who sold the Product, and (iii) Volvo CE, which is a third party beneficiary of the contract of sale between the Customer and the Dealer. The Buyer of the Product accepts the foregoing warranty and the other bargained for allocations of risk as part of the agreed price for the purchase of the Product to which the foregoing warranty applies. Volvo CE is prepared to offer different warranties and other allocations of risk for other prices, However, any such change in the warranty or the allocation of risks must be confirmed in writing by Volvo CE. STATUTE OF LIMITATIONS Any action by a Buyer of a Product for breach of contract, for breach of warranty arising under, or for a cause of action arising out of the sale of a Product, whether based on contract, tort (negligence or strict ability) or otherwise, shall be commenced within one (1) year afier the cause of action has acerued. Any such cause of action shall be deemed to have accrued at the earlier of (i) the discovery of the defect or breach, or (ii) the expiration of the applicable Warranty Period. 21D1001547 REV. 05/2008