Okaloosa County BOCC — May 4, 2013 — C12-1962-COR — reading text

EXHIBIT B CONTRACT, LEASE, AGREEMENT CONTROL FORM Date: June 5, 2012 Contract/Lease Control #: #C12-1962-COR Bid #: COR 10-12 Contract/Lease Type: AGREEMENT Award To/Lessee: ABL MANAGEMENT, INC. Lessor/Owner: OKALOOSA COUNTY Effective Date: 06/05/2012, TRANSITION WILL TAKE PLACE IN SEPTEMBER 2012 Expiration Date: 09/30/2013, WITH 3, ONE YEAR RENEWALS Description of Contract/Lease: PROVIDE INMATE FOOD SERVICE Department Manager: COR Department Monitor: LAWSON Monitor's Telephone #: 689-5690 Monitor's FAX # OR E-Mail: PLAWSON@CO.OKALOOSA.FL.US Date Closed: Remarks: Cc: Finance Dept Contracts & Grants Division EXHIBIT D CONTRACT & LEASE INTERNAL COORDINATION SHEET Contract/Lease Number: Tracking Number: 369-1/ Contractor/Lessee Name: TB Vie (GGA Purpose: Jamie ford Servite Date/Term: Sef 2040/3 | wl 5, lyr servo. [A GREATER THAN $50,000 | Amount: TBD 2. L] GREATER THAN $25,001 Department: ([ocrectons 3. L] $25,000 OR LESS Dept. Monitor Name: Lawl Lawdégn ye Purchasing Re view iy Jdepe. nyurervce Se od, Z Date: tly Risk Management Review Date: LAL County Attorney Review pate: | Atl Cotinty-Atforney . Following Okaloosa County approval: Contract & Grant Document has been received: Date: Contracts & Grants Manager “A NOTICE OF AWARD To: ABL Management, Inc. Attn: John Appleton 11224 Boardwalk, Suite B 1-5 Baton Rouge, La. 70816-8344 PROJECT DESCRIPTION: RFP COR 10-12 Provide Inmate Food Service The OWNER has considered the BID submitted by you for the above-described WORK in response to its Advertisement for Bids dated April 13, 2012. You are hereby notified that your BID has been accepted for items in the amounts of $0.8631 per meal. You are required by the Instructions to Bidders to execute the Agreement and furnish the required CONTRACTOR'S Performance Bond, Payment Bond, and Certificates of Insurance within fifteen (15) calendar days from the date of this notice to you. If you fail to execute said Agreement and to furnish said bonds within fifteen (15) calendar days from the date of this notice, said OWNER will be entitled to consider all your rights arising out of the OWNER’s acceptance of your BID as abandoned and as a forfeiture of your BID Bond. The OWNER will be entitled to such other rights as may be granted by law. 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 call Jack Allen at 850-689-5960. Dated this his day of Sune , 2012 OWNER -O OOSA NTY BOARD OF COUNTY COMMISSIONERS BY: TITLE Purchasing Director Richard L Brannon ACCEPTANCE OF NOTICE lt day of ar ral , 2012. py: Wire. Sohi D. A vole ton Title: W\ale man, resident. ‘oul CED CONTRACT # C12-1962-COR ABL MANAGEMENT, INC. PROVIDE INMATE FOOD SERVICE EXPIRES: 09/30/2013 CONTRACI This agreement, executed in Crestview, Florida _ this 20" day of Aha ve 2012 between the County of Okaloosa, Florida, the Owner, hereinafter called the Party of the First Part, and ABL Management, Inc. or its successors, executors, administrators and assigns, hereinafter called the Party of the Second Part. WITNESSETH: That for and in consideration of payments, hereinafter mentioned, to be made by the Party of the First Part, the Party of the Second Part agrees to furnish all equipment, machinery, tools and labor: to furnish and deliver all materials required to be furnished and delivered in and about the improvement and to do and perform all work related to providing inmate food service as per attached #COR 10-12 for a per meal cost of $0.8631 in strict conformity with the orovisions of this Contract, the Notice to Contractors, the Specifications and the Plans approved by the Owner. The said Plans, Specifications, the Notice to Contractors, and the Proposal are hereby made a part of this agreement as fully and to the same effect as if the same had been set forth at length in the body of this agreement. As security for the full and faithful performance of this contract and all the incidents thereto, the Party of the Second Part had made and furnished a Contract Bond with # S00, 00p.00 as Surety (as required per the bid package), which is accepted by Parties of the First Part and made a part of this contract. In consideration of the foregoing promises, the Party of the First Part agrees to pay to the Party of the Second Part such unit prices for the work actually done as are set out in the accompanying proposal in the manner provided in the said Specifications. The Contractor shall be prepared to begin work to be performed under the contract as he set forth in his proposal, but will not proceed until he receives official notice to begin. This contract will be in effect upon completion of signatures by both parties and will run through September 30, 2013. This contract may be renewed for three (3) additional one-year periods if in agreement by both parties. REPRESENTATIVES: The authorized representative of the County shall be: Paul Lawson Okaloosa County Department of Corrections 1200 E. James Lee Blvd. Crestview FL 32536 850-689-5685 / 850-689-5090 (Fax) E-Mail: plawson@co.okaloosa.fl.us The authorized representative for ABL Management, Inc. shall be: iy, “Sohn D. Angleton CWolcman , Drees diolt and (ED \\29u fooa. cdwel K } Suit? G |- S Paton (ONTY: LA 703) - $34 Yy “200 - 445-1 H44 E-Mail Sch Apeletan 6) a6 mand een COM Last Revised — 03/28/2012 Page 27 All notices required by this agreement shall be in writing to the representative listed above with a courtesy copy to the following: Jack Allen Contracts & Leases Coordinator Okaloosa County Purchasing Department 602-C North Pearl Street Crestview, FL 32536 850-689-5960 / 850-689-5998 (FAX) E-Mail: jallen@co.okaloosa.fl.us IN WITNESS WHEREOF, the Chairman of the Board of County Commissioners, by authority vested in him, has hereunto subscribed his name on behalf of the County of Okaloosa, Florida, the Owner, and the said ABL Management, Inc. has hereto fixed his signature, the day and year above written. ARL Management, Ine CONTRACTOR ig OPS ako aN OAS de ED ar STATE OF FLORIDA COUNTY OF OKALOOSA This contract is accepted this Zore day of wih “ec 2012 and is effective on the 2p? day of June 9012. ATTEST: COUNTY OF OKALOOSA, FLORIDA us § Ih¢ 7 a Vtude lard Gaty Tifiule Deputy Clerk of Court Don R. Amunds, Chairman’ nnn aac Last Revised — 03/28/2012 Page 28 Bond No. 58693241 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, ABL Management, Inc., PO Box 40486, Baton Rouge, LA 70835-0486, Principal, and Western Surety Company, P.O. Box 5077, Sioux Falls, SD.57117-5077, Surety, are held and firmly bound unto County of Okaloosa, Florida, 602-C North Pearl Street, Crestview, FL. 32536, Obligee in the sum of Five Hundred Thousand and No/100 Dollars ($500,000.00) for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a contract with Obligee dated June 20, 201% for Contract # C12-1962-COR, Provide Inmate Food Service for the term beginning on June 20, 2012 and ending September 30, 2013, a copy of which contract is by reference made a part hereof. NOW, THEREFORE, if Principal shall faithfully perform such contract or shall indemnify and save harmless the Obligee from all cost and damage by reason of Principal’s failure so to do, then this obligation shall be null and void; otherwise it shall remain in full force and effect until September 30, 2013. This bond can be renewed for additional terms at the discretion of the surety. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee named herein or the heirs, executors, administrators or successors of the Obligee. Signed, sealed, and dated this 22” day of dict 90 fe. erie, . . ‘ Vy ABL Management, Inc. | A = oy dude YAR seat Sardée Scott, VicePresident, Secretary-Treasurer Western Surety Company rite py Dane ”, hp, ie Mary T. Flanigan, Attorney-in-Fact RP Ati Instr #2783122 BK: 3040 PG:3118,Page 1 of 3 Recorded 06/21/2012 at 08:55AM. RECORDING: $15.00 RECORDING ARTICLE V: $12.00 a | Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint David M. Lockton, Ronald J. Lockton, Claudia Mandato, Debra J. Scarborough, Patrick T. Pribyl, Christy M. McCart, Evan D. Sizemore, Mary T. Flanigan, Laura M. Murren, Nancy A. Clover, Mark Duggan, Kathleen M. Coen, Charissa D. Lecuyer, Charles R. Teter III, Kathy L. Fagan, Jeffrey C. Carey, Rebecca S. Gross, Individually of Kansas City, MO, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 10th day of February, 2012. WESTERN SURETY COMPANY . Bruflat, Senior Vice President State of South Dakota ss County of Minnehaha On this 10th day of February, 2012, before me personally came Paul T. Bruflat, to me known, who, being by me duly swom, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by: the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires teens oo + : D. KRELL : November 30, 2012 £ NOTARY PUBLIC Z—. N\S iG) SOUTH DAKOTA CYA)? $990 945 GH BH EHEEEHENGE + f D. Krell, Notiry Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SWRETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By-Law of the = eembiWionprited on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said coinefttio day of WESTERN SURETY COMPANY L. Nelson, Assistant Secretary Form F4280-09-06 O, tt. ‘ Ory, on June 11, 2012 County of Okaloosa, Florida 602-C North Pearl Street Crestview, FL 32536 Re: ABL Management, Inc. Bond # 58693241 Bond Amount: $500,000.00 Contract # C12-1962-COR, Provide Inmate Food Service To Whom It May Concern: This letter will serve as your authority to date the Bonds and the Powers of Attorney on the above captioned project. Very truly yours, West Surety Cc an nero urety Company “ ary<T:. Fyanigan fe By paonby4n Feet re OAT LOCKTON Companies, LLC 444 W 47th St, Ste 900 / Kansas City, MO 64112-1906 S16