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

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