#10-5408 (Wetlands Bank Group)
A G R E E MEN T 10-5408
Annual Contract for Mitigation Credits
THIS AGREEMENT, made and entered into on this 25th day of May 2010, by and between
The Wetlandsbank Group, LLc, authorized to do business in the State of Florida, whose
business address is 814 South Military Trail, Deerfield Beach, Florida 33442, hereinafter called
the "Contractor" and Collier County, a political subdivision of the State of Florida, Collier
County, Naples, hereinafter called the "County":
WITNESSETH:
1. COMMENCEMENT. This Agreement shall commence on the date of final execution
and upon the issuance of a Purchase Order. The County may, at its discretion and with
the consent of the Contractor, renew the Agreement under all of the terms and
conditions contained in this Agreement for three (3) additional one (1) year periods. The
County shall give the Contractor written notice of the County's intention to extend the
Agreement term not less than ten (10) days prior to the end of the Agreement term then
in effect.
2. STATEMENT OF WORK. The Contractor shall provide wetland and wildlife
mitigation credits in accordance with the terms and conditions of Bid #10-5408 Annual
Contract for Mitigation Credits and the Contractor's proposal referred to herein and
made an integral part of this agreement. This Agreement contains the entire
understanding between the parties and any modifications to this Agreement shall be
mutually agreed upon in writing by the Contractor and the County project manager or
his designee, in compliance with the County Purchasing Policy and Administrative
Procedures in effect at the time such services are authorized.
3. COMPENSATION. The County shall pay the Contractor for the performance of this
Agreement the aggregate of the units actually ordered and furnished at the unit prices
as per Exhibit A, attached and incorporated herein by reference, together with the cost
of any other charges/fees submitted in the proposal.
Any county agency may purchase products and services under this contract, provided
sufficient funds are included in their budget(s). Payment will be made upon receipt of a
proper invoice and upon approval by the Project Manager or his designee, and in
compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government
Prompt Payment Act".
Page 1 of 8
3.1 Payments will be made for services furnished, delivered, and accepted, upon
receipt and approval of invoices submitted on the date of services or within six (6)
months after completion of contract. Any untimely submission of invoices beyond
the specified deadline period is subject to non-payment under the legal doctrine of
"laches" as untimely submitted. Time shall be deemed of the essence with respect
to the timely submission of invoices under this agreement.
4. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the
performance of the Work.
5. NOTICES. All notices from the County to the Contractor shall be deemed duly served
if mailed or faxed to the Contractor at the following Address:
The Wetlandsbank Group, LLC
814Svull",c:~lMil;lMJTll\il 6466 NW 5th wayr
Deerfield BEad" PL 2.2.442. Ft Lauderdale FL 33309
Pl.51,E, 9515962111 [xl. 18tS, Pax. 95i 1886250 Phone: 954-332-5910 ext125
. Fax: 954-332-5952
Stephen M. Collms Stephen M. Collins
All Notices from the Contractor to the County shall be deemed duly served if mailed or
faxed to the County to:
Collier County Government Center
Purchasing Department - Purchasing Building
3301 Tamiami Trail, East
Naples, Florida 34112
Attention: Steve Carnell, Purchasing/GS Director
Telephone: 239-252-8371
Facsimile: 239-252-6584
The Contractor and the County may change the above mailing address at any time
upon giving the other party written notification. All notices under this Agreement must
be in writing.
6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating
a partnership between the County and the Contractor or to constitute the Contractor as
an agent of the County.
7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.5., all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. Payment
for all such permits issued by the County shall be processed internally by the County.
Page 2 of8
All non-County permits necessary for the prosecution of the Work shall be procured
and paid for by the Contractor. The Contractor shall also be solely responsible for
payment of any and all taxes levied on the Contractor. In addition, the Contractor shall
comply with all rules, regulations and laws of Collier County, the State of Florida, or the
U. S. Government now in force or hereafter adopted. The Contractor agrees to comply
with all laws governing the responsibility of an employer with respect to persons
employed by the Contractor.
8. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to
use in any manner whatsoever, County facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in
effect or hereafter enacted or adopted. In the event of such violation by the Contractor
or if the County or its authorized representative shall deem any conduct on the part of
the Contractor to be objectionable or improper, the County shall have the right to
suspend the contract of the Contractor. Should the Contractor fail to correct any such
violation, conduct, or practice to the satisfaction of the County within twenty-four (24)
hours after receiving notice of such violation, conduct, or practice, such suspension to
continue until the violation is cured. The Contractor further agrees not to commence
operation during the suspension period until the violation has been corrected to the
satisfaction of the County.
9. TERMINATION. Should the Contractor be found to have failed to perform his
services in a manner satisfactory to the County as per this Agreement, the County may
terminate said agreement for cause; further the County may terminate this Agreement
for convenience with a thirty (30) day written notice. The County shall be sole judge of
non-performance.
10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as
to race, sex, color, creed or national origin.
11. INSURANCE. The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000
Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include Premises and Operations; Independent
Contractors; Products and Completed Operations and Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned
Vehicles and Employee Non-Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
Page 3 of 8
The coverage must include Employers' Liability with a minimum limit of $500,000
for each accident.
Special Requirements: Collier County Government shall be listed as the
Certificate Holder and included as an Additional Insured on the Comprehensive
General Liability Policy.
Current, valid insurance policies meeting the requirement herein identified shall
be maintained by Contractor during the duration of this Agreement. Renewal
certificates shall be sent to the County ten (10) days prior to any expiration date.
There shall be a thirty (30) day notification to the County in the event of
cancellation or modification of any stipulated insurance coverage.
Contractor shall insure that all subContractors comply with the same insurance
requirements that he is required to meet. The same Contractor shall provide
County with certificates of insurance meeting the required insurance provisions.
12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the
Contractor shall indemnify and hold harmless Collier County, its officers and
employees from any and all liabilities, damages, losses and costs, including, but not
limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the
negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone
employed or utilized by the Contractor in the performance of this Agreement. This
indemnification obligation shall not be construed to negate, abridge or reduce any other
rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier
County.
13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf
of the County by the Transportation, Engineering and Construction Department under
Growth Management.
14. CONFLICT OF INTEREST: Contractor represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner
with the performance of services required hereunder. Contractor further represents
that no persons having any such interest shall be employed to perform those services.
15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached
component parts, all of which are as fully a part of the contract as if herein set out
verbatim: Contractor's Bid, Insurance Certificate, Exhibit A--Pricing, Bid #10-
5408-Annual Contract for Mitigation Credits Specifications and one Addendum.
Page 4 of8
16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between
the parties herein that this agreement is subject to appropriation by the Board of County
Commissioners.
17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or
individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee,
service or other item of value to any County employee, as set forth in Chapter 112, Part
III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County
Administrative Procedure 5311. Violation of this provision may result in one or more of
the following consequences: a. Prohibition by the individual, firm, and/ or any
employee of the firm from contact with County staff for a specified period of time; b.
Prohibition by the individual and/ or firm from doing business with the County for a
specified period of time, including but not limited to: submitting bids, RFP, and/ or
quotes; and, c. immediate termination of any contract held by the individual and/ or
firm for cause.
18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement,
the Contractor is formally acknowledging without exception or stipulation that it is fully
responsible for complying with the provisions of the Immigration Reform and Control
Act of 1986 as located at 8 U.s.e. 1324, et seq. and regulations relating thereto, as either
may be amended. Failure by the Contractor to comply with the laws referenced herein
shall constitute a breach of this agreement and the County shall have the discretion to
unilaterally terminate this agreement immediately.
19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful proposer extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at the
discretion of the successful proposer.
20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement
shall remain in effect.
21. ADDITIONAL ITEMS/SERVICES. Additional items and/ or services may be added to
this contract upon satisfactory negotiation of price by the Contract Manager and
Contractor.
22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted
by this Agreement to resolve disputes between the parties, the parties shall make a good
faith effort to resolve any such disputes by negotiation. The negotiation shall be attended
by representatives of Contractor with full decision-making authority and by County's
staff person who would make the presentation of any settlement reached during
negotiations to County for approval. Failing resolution, and prior to the commencement
of depositions in any litigation between the parties arising out of this Agreement, the
parties shall attempt to resolve the dispute through Mediation before an agreed-upon
Circuit Court Mediator certified by the State of Florida. The mediation shall be attended
Page 5 of8
by representatives of Contractor with full decision-making authority and by County's
staff person who would make the presentation of any settlement reached at mediation to
County's board for approval. Should either party fail to submit to mediation as required
hereunder, the other party may obtain a court order requiring mediation under section
44.102, Fla. Stat.
Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or
state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction
on all such matters.
,
,
,
,
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Page 6 of8
IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first above
written.
ATTEST:
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: 'juLW. ~
Fred W. Coyle, Chairman
The Wetlandsbank Group, LLC
Contractor
First Witness
By: ~ (/ll/ ii!--- '
Signature
~~~~
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type/print witness namet
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Second Witness
~/ fYIt:j,,*te~
tType/ print witness namet
Stephen M Collins. CEO
Typed signature and title
-
Page 7of8
Exhibit A
Pricing
Price per mitigation credit:
Herbaceous Freshwater
Herbaceous Saltwater
Forested
Forested Freshwater
Forested Saltwater
Saltwater
Endangered Species
Miscellaneous
$ nl a per credit
$ nl a per credit
$ nl a per credit
$ nl a per credit
$ nl a per credit
$ nl a per credit
$ 925.00 per credit
$ nl a per credit
Page 8 of8
ACORD." CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDNYYY)
6/16/2010
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Howard S. Newman ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Bateman, Gordon & Sands, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P.O. Box 1270
Pompano Beach, FL 33061 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: Seneca Specialty Insurance Co. 10729
The Wetlands bank Group INSURER B: Commerce & Industry Ins. Co. 19410
Florida Wetlands Bank INSURER c
6466 NW 5th Way INSURER 0"
Fort Lauderdale, FL 33309 INSURER E:
Client#. 53842
FLOWE3
COVERAGES
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 AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
LTR NSR TYPE OF INSURANCE POLICY NUMBER Pr:?ALi~YJ~)gm\E Pg~flli.X':A~t",U9.N
A X ~NERALLlABILlTY SGL3100196 12/05/09
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DESCRIPTION OF OPERATIONS J LOCATIONS JVEHICLES I EXCLUSIONS ADDEO BY ENDORSEMENT I SPECIAL PROVISIONS
Re: Contract #10-5408 Annual Contract fro Mitigation Credits
Collier County is listed as an additional insured on General Liability coverage only as their interest
may appear when required by written contract.
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
Collier County DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
Purchasing Department NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
3301 Tamiami Trail East IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
Naples, FL 34112 REPRESENTATIVES.
AUTHORIZED Rl}RESENTATIVE
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ACORD 25 (2001/08) 1 of 2
#S3082151M302612
ELC
@ ACORD CORPORATION 1988
05/15/2010 02:40
954%320g0
ALLSTATERCHORAK
PAGE 01/01
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ACORD'
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CERTIFICATE OF LIABILITY IN~ URANC E
r tlAre (MMIOOfYYYY)
06/15/2010
THIS CERTIrICATE I~ ISSUED AS A "':TTER OF INmRMATION
ONLY AND CONFE S NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS C~~ lFICATE oOES OT AMEND. EXTEND OR
ALiERTHECQVEtu GEAFFORDED 'fTHI: POLICIES BELOW.
rROOl.H::E:~
Richard. B. Chorak. Allstate Agent
Chorak Insurance Group, Inc.
4016 N. 46th Avenue. Hollywood, FL 33021
(P) 954-963-1901 (F) 954-963-2090
THE WETLANDSBANK GROUP,LLC
6466 NW 5th WAY
FT LAUD,FL 33309
,Tel: (954) 332-5910 Fax: (954)332-5952
INSURERS AFFORDIN COVERAGE
INSURER A Allstate lnsu ance COmpEmy
INSURERB:
NAIC#
INSURED
INSUR6R C:
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COVERAGES
THE pOLICIES OF INSURANCE LJSTED BEL.OW HAVE BEEN ISSUED TO lHE INSURED NAMED ABOVE FOR .~~ POLICY PE.RI D INDICATED. NOTWITHSTANDING,
ANY REQUIREMENT, TeRM OR CONDITION OF ANY CONlRACT OR OTHER DOCUMENT WITH RESPECT TO vvHICH THIS CER IFICATE MAY a~ ISSUED OR. MAY
PERTAIN, THE INSURANCE A~j:ORDEO BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL iHE T RM$, EXCLUSIO S AND CONDITIONS OF SUCH
POLICIES. AGGREGATE UMITS SHOWN MAY HAVE BEEN REDUCEO 6Y PAID CLAIMS.
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COLLIER COUNTY,
PURCHASING DEPARTMENT
3301 TAM1AMI TRAIL,
EAST NAPLES.FL 34112
CANCELLATION I
SHOULD ANY Of THE AiE D~SCRIBEO POL IliiS Be. CA~CELlED BEfORE rHE EXPIRATION
OATii THEFl.EOF, rHEISSU NG INSURER WllL E OEAVOR TO MAIl. 30 DAY.s wRITTEN
NOTlCElO nil!! Cl!lIt.T1FI TEHOLbER NAMED 0 THE LEFr, BUT FAILURE. TO DO.$O SHALL
IMPOSE NO 06WIJATlON . R L1ABIUTY Of AN KINO UPON lHE II>lSURl:OR, ITS AGEtHS OR
REil'RESi,NTAIIVES.
AUTHORrl~~Qt/'
I/" I]) ACORD CORPORATION 198B
CERTIFICATE. HOLDER
,
ACORD 2& (2001/08)
CATl; {MWCDN'Y)
CERTIFICATE OF LIABILITY INSURANCE 06/26/2010
PROCUCER Serial # 172226 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY ,AND CONFERS NO RIGHTS UPON THE CSRTIFICATE
FRANKCRUM INSURANCE AGENCY, INC. HOLDER. THIS CERTIFICATe DOES NOT AMEND, EXTEND OR
100 S. MISSOURI AVE. ALTER THE CDVEAAGE AFFORDED BY THE I'OLICIES BELOW.
CLEARWATER F~ 33756 INSURCRS AFFORDING COVERAGE NA1C#
INSUREi.C INSURER A. FRANK WINSTON CRUM INSURANCE INC. 11600
INSURER e.
Fr.nkCrum 1.800-277-1620 INSURER c:
100 S MISSOURI AVENUE INSURER o.
CLEARWA TER F~ 33756 INSURER E:
HIE POUCIES OF! INSURANCI1! LISTED BELOW HAVE BEEN ISSUEO T01'H.E: INSUREO NAMED ABOVE FOR THE pOLICY PERIOD INDICAnO. NOiWlTHSTANDING
ANY R~QUlREMENT. TeRM OR CONDITION OF A.NV CONTRACT OF OTHER DOCUMENT WITH R.ESPECT TO WHICH THIS CERTIFlc,ue MAY BE IssueD OR
MAY Pl:RTAlN, THE INSURANCE AFFORD!!D BY THE POLICIES DESCf'ISI1!O HEREIN IS SUBJECT TO ALL THE TERMS, exCLUSIONS ANO CONcmONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE ElI:-EN REDUCED ay' PAID ClAIMS.
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ANY PROPRlEl'oA I PARTNER I EXtel.lTIVE
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IfYt'.~ltrtbolundlr E.l. DI$Ei.AI;IE - EAEMPLOi'EE S 1 000 000
SPEClAt.- PROVISIONS btlO'M
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Oe.SCRIf'TION OF OJlERATlON8/LoeATlQNs'1 VEHICLes II!):;eI.1,I810Nl'iADD!.D BY eNOOR&El\t!NT I ,PI;;CI,o\L PR0"IIl310Ne.
EFFECTIVE 06/27/2005, COVERAGE IS FOR 100% OF THE EMPLOYEES OF FRANKCRUM LEASED TO
FLORIDA WETLANDSBANK, LLP
(C~IENT) FOR WHOM THE C~IENT IS REPORTING HouRS TO FRANKCRUM. COVERAGE IS NOT EXTENOED
TO STATUTORY EMP~OYEES,RE; PANTHER PASSAGE.
SHOULQ ANY Ol'THE ABOVE DESCR/BED POUClE3 BE CANCELLED BliiFORE THE EXPIRATION
DATE THEREOF, TH! ISSUING INSUltER W1L.L.EfIl,I'lEAVOR TO MAIL ~ll DAYS wRln~N NOlleE
TO TH!. CERTIF1CATE HOLCE:R NAMED TO THE L.EFT, BUT I'AlLURETQ DO SKAL.L IMPOSE!
NO OEll,.lGAnON OR LlAI!IlUTY OF ANY KIND UPON THE-INSURER, 1,$ A(;I!':NT5 OR
COLLIER COUNTY PURCHASING DEPT REPRliiiSENTATlVES.
3301 TAM IAMI TRAI LEAST AtlTliORlZED REPRESENtATIVE
NAP~ES FL. 34112 ~~..?-
CERTlfICA-rE waLDER
CANCELLATION
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WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY
WC 00 0313
(Ed, 4-34)
WAIVER OF OUR RIGHT TO RECOVER mM OTHERS ENDORSFMEN'l
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our
right against the person Dr organization named in the Schedule. (ThiS agreement applies only to the extent that you
perform work under a written contract that requires you to obtain this agreement from us.)
This agreement shall not operate directly or Indirectly to benefit anyone not named in the Schedule.
Schedule
ANY PERSON OR ORGANIZATION FOR WHOM THE N&~ED INSORED HAS AGREED BY
WRITTEN CONTRACT TO FGRNISH THIS WAIVER
(THIS ENDORSEMENT IS NOT APPLICABLE IN THE STATES OF CALIFORNIA,
KENTUCKY,NBW JERSEY PENNSYLVANIA, TEXAS AND GTAH.)
COLLIER COUNTY PURCHASING DEPT
3301 TAMIAMI TRAIL EAST
NAPLES FL 34112
RE: PANTHER PASSAGE
This endorsemenl changes the policy to which it ls attached and ;s effecli\le on the date issued unless otherwise stated.
(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Endorsemenl Effective 0110112010--0110112011 Policy No.wC201000000 Endorsemenl No. NJA
Insu.w: FrenkCrum Premium $ NJA
Insurance Company: FRANK WINSTON CRUM INSURANCE INC
/-;?"~%
Countereigned by
we 00 03 13
(Ed 4-84)
Copyright 1983 National Council on Compensation Insurance,
~OO/900 lEI
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