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#10-5457 (Storm Smart Industries, Inc.) A G R E E MEN T 10-5457 for Roll Down Shutters for CAT Transfer Station and other County Facilities THIS AGREEMENT, made and entered into on this 9th day of November, 2010 by and between Storm Smart Industries, Inc., authorized to do business in the State of Florida, whose business address is 6182 Idlewild Street, Fort Myers, Florida 33966, 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. The Contractor shall commence the work from date of Notice to Proceed. The contract shall be for a one hundred and twenty (120) days, commencing on the date of Notice to Proceed. 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 months. 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. The Contractor shall apply for all permits within five (5) working days from the date of the Purchase Order issued with the Notice to Proceed from the Contract Manager and shall have finally completed the Work on or before the expiration of ninety (90) calendar days from the date of issuance of all permits. Per the granting agency requirements: (i) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Division and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. 2. STATEMENT OF WORK. The Contractor shall provide the materials and labor to install wind protection shutters in three (3) County sites in accordance with the terms and conditions of Bid# 10-5457 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 Page 1 of 15 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. THE CONTRACT SUM. The County shall pay the Contractor for the performance of this Agreement an estimated maximum amount of one hundred ninety eight thousand three hundred eleven dollars ($198,311), which is based on the unit prices set forth in the Contractor's proposal, subject to Change Orders as approved in advance by the County. One solicitation was issued for three County sites: Collier Area Transit Station, Golden Gate Community Center and lmmokalee Sports Complex. 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". 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: Storm Smart Industries, Inc. 6182 Idlewild Street Fort Myers, FL 33966 Phone: 239-938-1000; Fax: 239-278-7950 Brian Rist, President 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 3327 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. Page 2 of 15 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. 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 $500,000 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 $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Page 3 of 15 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. 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 thirty (30) 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 ansmg from the sole negligence of Collier County. 13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Alternative Transportation Modes Department. 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 Page 4 of 15 verbatim: Contractor's Proposal, Insurance Certificate, Bid #10-5457 Specifi- cations/Scope of Services, FEMA Granting Requirements and Addenda. 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 Page 5 of 15 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 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. 23. KEY PERSONNEl/PROJECT STAFFING: The proposer's personnel and management to be utilized for this project shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to insure that competent persons will be utilized in the performance of the contract. Selected firm shall assign as many people as necessary to complete the project on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the dates set forth in the Project Schedule. Firm shall not change Key Personnel unless the following conditions are met: (1) Proposed replacements have substantially the same or better qualifications and/ or experience. (2) that the County is notified in writing as far in advance as possible. Firm shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. The County retains final approval of proposed replacement personnel. ~ ~ ~ ~ ~ ~ ~ ~ Page 6 of 15 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. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORID A By: '1vJ-w. ~ Fred W. Coyle, Chairman ~~f/)~ Storm Smart Industries, Inc. conrr;z; BY:C~ Signature l3J!f~ 7{fST Cco/~Itt!!.",d'4A.J+ I . Typed signature and title - 1n !J.L1'o- ()/Z -h 'G tType/print witness namet Approved as to form and IeriNCY/2J~ Deputy County Attorney SQcrTT- ~ =-\ ~~h Print Name Page 7 of 15 Exhibit A Granting Agency Requirements Funded by US Department of Homeland Security / Florida Division of Emergency Management Hazard Mitigation Grant Program (HMGP) CFDA 97.039 Grant Requirements 1. Debarment and Suspension (E.O.s 12549 and 12689)- Contract awards that exceed the small purchase threshold and certain other contract awards shall not be made to parties listed on the nonprocurement portion of the General Services Administration's List of parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with E.O.s 12549 and 12689, "Debarment and Suspension." This list contains the names of parties debarred, suspended, or otherwise excluded by agencies, and contractors declared ineligible under statutory or regulatory authority other than E.O. 12549. Contractors with awards that exceed the small purchase threshold shall provide the required certification regarding its exclusion status and that of its principals. Vendors submitting proposals for this purchase must attest that they, and their subcontractors and partners, are not excluded from receiving Federal contracts, certain subcontracts, and certain Federal financial and nonfinancial assistance and benefits, pursuant to the provisions of 31 U.S.c. 6101, note, E.O. 12549, E.O. 12689, 48 CFR 9.404, and each agency's codification of the Common Rule for Nonprocurement suspension and debarment. Contractor's debarment and suspension status will be validated at the Federal Excluded Parties List System at: httPs:!/www.epls.gov/ and the State of Florida at http://dms.myflorida. com/business _ operations/ state _pu rchasing/ vendor_information. 2. Equal Employment Opportunity - All contracts shall contain a provision requiring compliance with (1) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), and the regulations issued pursuant thereto, which provides that no person in the United States shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Recipient receives Federal financial assistance and will immediately take any measures necessary to effectuate this assurance. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Recipient, this assurance shall obligate the Recipient, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; (2) Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975, as amended (42 U.S.c.: 6101-6107) which prohibits discrimination on the basis of age or with respect to otherwise qualified handicapped individuals as provided in Section 504 of the Rehabilitation Act of 1973; (3) Executive Order 11246 as amended by Executive Orders 11375 and 12086, and the regulations issued pursuant thereto, which provide that no person shall be discriminated against on the basis of race, color, religion, sex or national origin in all phases of employment during the performance of federal or federally assisted construction contracts; affirmative action to insure fair treatment in employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff/termination, rates of payor other forms of compensation; and election for training and apprenticeship; Page 8 of 15 3. Americans With Disabilities Act - Contract awards will comply with the Americans With Disabilities Act (Public aw 101-336, 42 U.s.e. Section 12101 et seq.), where applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications; 4. Copeland "Anti-Kickback" Act (18 U.s.e. 874 and 40 U.s.e. 276c) -All contracts and subgrants in excess of $2000 for construction or repair awarded by recipients and sub recipients shall include a provision for compliance with the Copeland "Anti-Kickback" Act (18 U.S.e. 874), as supplemented by Department of Labor regulations (29 CFR part 3), "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The recipient shall report all suspected or reported violations to the Federal awarding agency. 5. Davis-Bacon Act, as amended (40 U.s.e. 276a to a-7) - Section 1606 of the Recovery Act requires that all laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to the Recovery Act shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. When required by Federal program legislation, all construction contracts awarded by the recipients and subrecipients of more than $2000 shall include a provision for compliance with the Davis-Bacon Act (40 U.S.c. 276a to a-7) and as supplemented by Department of Labor regulations (29 CFR part 5, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction"). Under this Act, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less than once a week. The recipient shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination. The recipient shall report all suspected or reported violations to the Federal awarding agency. The following US Department of Labor prevailing wages in decision FL20080111 02/12/2010 is applicable to this project. STATEMENTS AND PAYROLLS (29 CFR3) Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor during the course of the work and preserved for a period of 3 years from the date of completion of the contract for all laborers, mechanics, apprentices, trainees, watchmen, helpers, and guards working at the site of the work. The payroll records shall contain the name, social security number, and address of each such employee; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalent thereof the types described in Section 1(b)(2)(B) of the Davis Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. In addition, for Appalachian contracts, the payroll records shall contain a notation indicating whether the employee does, or does not, normally reside in the labor area as defined in Attachment A, paragraph 1. Whenever the Secretary of Labor, pursuant to Section IV, paragraph 3b, has found that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis Page 9 of 15 Bacon Act, the contractor and each subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, that the plan or program has been communicated in writing to the laborers or mechanics affected, and show the cost anticipated or the actual cost incurred in providing benefits. Contractors or subcontractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprentices and trainees, and ratios and wage rates prescribed in the applicable programs. Each contractor and subcontractor shall furnish, each week in which any contract work is performed, to the SHA resident engineer a payroll of wages paid each of its employees (including apprentices, trainees, and helpers, described in Section IV, paragraphs 4 and 5, and watchmen and guards engaged on work during the preceding weekly payroll period). The payroll submitted shall set out accurately and completely all of the information required to be maintained under paragraph 2b of this Section V. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal stock number 029-005-0014-1), U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his/her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: 1. that the payroll for the payroll period contains the information required to be maintained under paragraph 2b of this Section V and that such information is correct and complete; 2. that such laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in the Regulations, 29 CFR 3; 3. that each laborer or mechanic has been paid not less that the applicable wage rate and fringe benefits or cash equivalent for the classification of worked performed, as specified in the applicable wage determination incorporated into the contract. 4. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 2d of this Section V. 5. The falsification of any of the above certifications may subject the contractor to civil or criminal prosecution under 18 U.s.e. 1001 and 31 U.S.e. 231. 6. The contractor or subcontractor shall make the records required under paragraph 2b of this Section V available for inspection, copying, or transcription by authorized representatives of the SHA, the FHWA, or the DOL, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the SHA, the FHWA, the DOL, or all may, after written notice to the contractor, sponsor, applicant, or owner, take such actions as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. Page 10 ofl5 GENERAL DECISION: FL20080111 02/12/2010 FLlll Date: February 12, 2010 General Decision Number: FL20080111 02/12/2010 State: Florida Construction Type: Building County: Collier County in Florida. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories). Modification Number o 1 2 Publication Date 07/10/2009 09/04/2009 02/12/2010 ELEC0349-005 08/31/2009 Entire County except that portion due west of Broward County and east of the south southwest corner of Hendry County Rates ELECTRICIAN......................$ 25.05 Fringes 7.56 ELEC0728-005 08/31/2009 Remainder of County Rates ELECTRICIAN......................$ 28.46 Fringes 12.5%+5.00 * ENGI0487-007 01/01/2010 Rates Fringes OPERATOR: Crane All Tower Cranes (Must have 2 operators) Mobile, Rail, Climbers, Static- Mount; All Cranes with Boom Length 150 Feet & Over (with or without jib) Friction, Hydro, Electric or Otherwise; Cranes 150 Tons & Over (Must have 2 operators); Cranes with 3 Drums (When 3rd drum is rigged for work); Gantry & Overhead Cranes; Hydro Cranes Over 25 Tons but not more than 50 Tons (Without Oiler/Apprentice); Hydro/Friction Cranes without Oiler/Apprentices when Approved by Union; & All Type of Flying Cranes; Boom Truck..................$ 28.30 Cranes with Boom Length Less than 150 Feet (With or without jib); Hydro Cranes 25 Tons & Under, & 8.78 Page II of 15 Over 50 Tons (With Oiler/Apprentice); Boom Truck. . . . . . . . . . . . . . . . . . . . . . . $ 27.57 OPERATOR: Mechanic............ ..$ 27.57 OPERATOR: Oiler.................$ 22.24 8.78 8.78 8.78 ------------------------------------------ IRON0272-003 10/01/2006 Rates Fringes IRONWORKER, ORNAMENTAL, REINFORCING AND STRUCTURAL.......$ 26.70 6.43 PAIN0365-002 07/01/2008 Rates PAINTER: Spray Only.............$ 16.00 Fringes 6.15 SUFL2009-008 OS/22/2009 Rates BRICKLAYER. . . . . . . . . . . . . . . . . . . . . . . $ 18.95 Fringes 0.00 CARPENTER. . . . . . . . . . . . . . . . . . . . . . . . $ 16. 23 3.70 CEMENT MASON/CONCRETE FINISHER...$ 13.05 1. 49 INSULATOR - PIPE & PIPEWRAPPER...$ 13.13 3.03 LABORER: Asphalt Shoveler.......$ 7.88 0.00 LABORER: Common or General......$ 11.79 2.03 LABORER: Concrete Saw...........$ 12.63 0.00 LABORER: Mason Tender - Brick...$ 13.00 0.00 LABORER: Mason Tender - Cement/Concrete..................$ 12.83 1. 90 LABORER: Pipelayer..............$ 12.31 1.19 LABORER: Roof Tearoff...........$ 8.44 0.00 LABORER: Landscape and Irrigation.......................$ 12.00 0.00 OPERATOR: Asphalt Spreader......$ 11.41 0.00 OPERATOR: Backhoe/Excavator.... .$ 11. 00 OPERATOR: Blade/Grader......... .$ 13.73 OPERATOR: Bulldozer............ .$ 15.01 OPERATOR: Distributor.......... .$ 12.37 OPERATOR: Forklift. . . . . . . . . . . . . . $ 14.00 OPERATOR: Loader. . . . . . . . . . . . . . . . $ 13.80 0.00 0.00 0.00 0.00 0.00 1. 79 Page 12 of 15 OPERATOR: Paver.................$ 11.69 0.00 OPERATOR: Pump..................$ 19.00 0.00 OPERATOR: Roller................$ 10.68 0.00 OPERATOR: Screed................$ 11.34 0.00 OPERATOR: Tractor...............$ 9.91 0.00 OPERATOR: Trencher..............$ 11.75 0.00 PAINTER: Brush and Roller Only. . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 13.46 0.00 PIPEFITTER.......................$ 17.83 0.00 PLUMBER. . . . . . . . . . . . . . . . . . . . . . . . . . $ 13. 58 0.00 ROOFER (Metal Roofs Only) ........$ 14.26 0.59 ROOFER, Including Built Up, Hot Tar, Modified Bitumen, Shake & Shingle, Single Ply and Slate & Tile (Excluding Metal Roof)......................$ 13.92 0.52 SHEETMETAL WORKER................$ 18.79 3.21 TILE SETTER......................$ 14.61 0.00 TRUCK DRIVER: Dump Truck........$ 10.00 0.00 TRUCK DRIVER: Lowboy Truck......$ 12.09 0.00 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. -------------------------------------------------------- -------------------------------------------------------- Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5 (a) (1) (ii) ) . In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination a survey underlying a wage determination * Page 13 of 15 * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. with regard to any other matter not yet ripe for the formal Process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the Interested party's position and by any information (wage payment data, Project description, area practice material, etc.) that the requestor Considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION 6. Contract Work Hours and Safety Standards Act (40 U.S.c. 327-333) - contracts awarded by recipients in excess of $2000 for construction contracts and in excess of $2500 for other contracts that involve the employment of mechanics or laborers shall include a provision for compliance with sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.c. 327-333), as supplemented by Department of Labor regulations (29 CFR part 5). Under section 102 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than 11/2times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or Page 14 of 15 materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 7. Clean Air Act (42 USe. 7401 et seq.) and the Federal Water Pollution Control Act (33 USe. 1251 et seq.), as amended -Contracts and subgrants of amounts in excess of $100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.c. 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.c. 1251 et seq.). Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 8. Byrd Anti-Lobbying Amendment (31 USe. 1352)- Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.c. 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. 9. Access to Records - With respect to each financial assistance agreement awarded utilizing at least some of the funds appropriated or otherwise made available by FEMA, any representative of an appropriate appointed delegate is authorized -- (1) to examine any records of the contractor or grantee, any of its subcontractors or subgrantees, or any State or local agency administering such contract that pertain to, and involve transactions that relate to, the subcontract, subcontract, grant, or subgrant; and (2) to interview any officer or employee of the contractor, grantee, subgrantee, or agency regarding such transactions. ~ ~ ~ ~ ~ ~ Page 15 of 15 ACORDTM CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDIYYYY) 11/04/2010 . THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMA TIVEL Y OR NEGA TIVEL Y AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pOlicy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~~~~"7'<';1 Sandra Hebert Gulfshore Insurance, Inc. r1l8N:o Extl: 239 261-5162 Tr~, No): 239 213-7711 4100 Goodlette Road North i~DA~~SS: shebert@gulfshoreinsurance.com Naples, FL 34103 -3303 PRODUCER CUSTOMER 10 #: 239 261-3646 INSURER(S) AFFORDING COVERAGE NAIC# INSURED INSURER A : Amerisure Insurance Company Storm Smart Building Systems, Inc. INSURER B : 6182 Idlewild Street Fort Myers, FL 33966 INSURER C : INSURER 0 : INSURER E : INSURER F : Client#. 64767 STOSM COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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 AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN5R TYPE OF INSURANCE DOL ~~R P~.:,)g~~l P~.:,)g~~l TR NS" POLICY NUMBER LIMITS A GENERAL LIABILITY X GL205950601 001 0 01/15/2010 01115/2011 EACH OCCURRENCE $1 000,000 - X COMMERCIAL GENERAL LIABILITY ~~~~~~~9E~~~J~~ence) $300,000 I CLAIMS-MADE ~ OCCUR MED EXP (Anyone person) $10,000 - PERSONAL & ADV INJURY $1,000,000 f-- GENERAL AGGREGATE $2,000,000 n'L AGGRE~E LIMIT APPLIES PER: PRODUCTS-COM~OPAGG $2,000,000 POLICY X ~~g: n LOC $ A AUTOMOBILE LIABILITY CA20595070102 ~1I15/2010 01/15/2011 COMBINED SINGLE LIMIT $1 000000 - (Ea accident) ~ ANY AUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS - BODILY INJURY (Per accident) $ - SCHEDULED AUTOS PROPERTY DAMAGE ~ HIRED AUTOS (Per accident) $ ~ NON-OWNED AUTOS $ X Drive Other Car $ A UMBRELLA LIAB ~ ~CCUR CU20595080101 ~1/15/2010 01/15/2011 EACH OCCURRENCE $5,000,000 - EXCESS L1AB CLAIMS-MADE AGGREGATE $5,000,000 f-- DEDUCTIBLE $ X RETENTION $ 0 $ WORKERS COMPENSATION 1~~"~~~l,Y.;:,, T Ig~H- AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVED E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N1A (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Contractors Equip CPP2059505010010 ~1/15/201 0 01/15/2011 See Descriptions If Aoolicable DESCRIPTION OF OPERATIONS I LOCATIONS IVEHICLES (Attach ACORD 101. Additional Remarks Schedule, if more space is required) Storm Shutter Manufacturing & Installation Certificate Holder is Named as Additional Insured As Respects to General Liability Only. *30 Day Notice of Cancellation, except 10 days for non-payment. CANCELLATION Davs or Non-Pavment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier County Board of County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Commissioners Purchasing Dept. 3227 Tamiami Trail East AUTHORIZED REPRESENTATIVE Naples, FL 34112-4901 ~~Q"" ~k..:-- I CERTIFICATE HOLDER 10 f ACORD 25 (2009/09) 1 of 1 #S449025/M443933 @1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SJH /~@ CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY) ACORD 11/4/2010 ~ PRODUCER Alliance Insurance Solutions llC THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE PO Box 1777 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR St Petersburg, Fl 33731 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 727-497-1247 INSURERS AFFORDING COVERAGE NAIC# www.ins4biz.com 727-497-1280 INSURED Progressive Employer Management Company, Inc. INSURER A: SUNZ Insurance Comnanv 34762 Progressive Employer Management Company II, Inc. INSURER B: 6407 Parkland Dr INSURER C: Sarasota Fl 34243 INSURER D: I INSURER E: 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. I~~: ~~'?;~ POLICY NUMBER 6.e}~~r,~~~6~\ b<1~lfrM~~~~ LIMITS ~NERAL LIABILITY EACH OCCURRENCE $ - 3MMERCIAL GENERAL LIABILITY ~~~~~~J9E~~~~encel $ - CLAIMS MADE D OCCUR MED EXP (Anyone person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ n'L AGGREAE LIMIT APFt PER: PRODUCTS - COM PlOP AGG $ POLICY P,~,9,: LOC ~TOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) f-- ~ ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ - - HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) $ - - PROPERTY DAMAGE $ (Per accident) ~RAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ ~ESS I UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR D CLAIMS MADE AGGREGATE $ $ ~ DEDUCTIBLE $ RETENTION $ $ A WORKERS COMPENSATION WCPEOOOOO05401 11/1/2010 11/1/2011 I I TVX~~T ~JI~;" I IOTH- AND EMPLOYERS' LIABILITY Y/N ER ANY PROPRIETOR/PARTNER/EXECUTIVE D E.L EACH ACCIDENT $ 1 000 000 OFFICER/MEMBER EXCLUDED? (Mandatory in N H) E.L DISEASE - EA EMPLOYEE $ 1 000 000 If yes, describe under SPECIAL PROVISIONS below E.L DISEASE - POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Coverage Provided for all leased employees but not subcontractors of: Storm Smart Building Systems Client Effective: 11/1/2010 ' CERTIFICATE HOLDER CANCELLATION 4422 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Collier County Board of County DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30' DAYS WRITTEN Commissioners, Purchasing Department NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL C/O Diana Deleon IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 3327 Tamiami Trail East REPRESENTATIVES. '10 Days for Non-Payment of Premium. Naples Fl 34112-4901 AUTHORIZED REPRESENTATIVE ~ Glen J Distefano ;? ~ ACORD 25 (2009/01) @1988-2009ACORD CORPORATION. All rights reserved. CERT NO.: 8724095 CLIENT CODE: PEMCO Nick Ciccarello 11/4/2010 8:39:11 AM Page 1 of 1 ITEM NO.: l()-?~~ Dll~~ DATE RECEIVED: \ \ , '\".,".. . h:,n"f-"',,;,",\\,"" purch.asi~~ d~~ah'rrierit" c, ' 3327 ',Ta, m,iam, i,Trail East ') v y- Naples, Florjda 3411? ',,' '\. Telephone: (239) 252-8941 ~~ FAX: (239) 252-6700 v Email: RhondaCummings@collier~ov~ v1) www.colliergov.net C ~ - \. ~" -1t G vYv ~~ ~~V~1~ ~ ID CouKty ~.SeMCeS Division Purd1a$ing FILE NO.: ROUTED TO: DO NOT WRITE ABOVE THIS LINE Request for Legal Services Date: . ." I'> 11J8110 :D u...t. l t J L 2..-- To: Jeff Klatzkow County Attorney's Office From: Rhonda Cummings, Contract Specialist Re: Solicitation # 10-5457 "Roll Down Shutters for CAT Transfer Station and other County Facilities" Contractor: Storm Smart Industries, Inc. This contract was approved by the BCC on November 9,2010, agenda item 16.E.5. rf BACKGROUND OF REQUEST: This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me at the telephone number or email address above. Purchasing would appreciate notification when the documents exit your office. C: Brenda Brilhart, Purchasing G/Acqu isitions/AgentF ormsandLetters/RiskMgmtReviewofl nsurance4/15/201 0/16/09 RLS#_to'?e.c ~O\/.5g CHECKLIST FOR REVIEWING CONTRACTS EntityName:~\D('fr\ ~rt ~ 'fIolu~;es t' \-nc ~ Exp. Date Exp. Date Exp. Date Exp. Date Exp. Date Exp Date ~ \ Exp Date ~ ExpDate ~I , Exp Date --L 'Set \ l~\ \1 V No Entity name correct on contract? Entity registered with FL Sec. of State? ~ Insurance Insurance Certificate attached? Insured registered in Florida? Contract # &/or Project referenced on Certificate? Certificate Holder name correct (BCC)? Commercial General Liability \ General Aggregate Required $ Provided $ Q m \ \ Products/Compl/Op Required $ Provided $ 1. I I I Personal & Advert Required $ f-j-- Provided $ \ YY\ ~ \ \ Each Occurrence Required f5D()' f:::::.. Provided $ (C I I Fire/Prop Damage Required $ Provided $ ~(),L Automobile Liability \ / . \ Bodily Inj & Prop Required $B::O l<...... Provided $ \m\ \ . Workers Compensation I Each accident Required $~'- Provided $ \ (r\\ \ l-- Disease Aggregate Required $ , Provided $~tt ' , Disease Each Empl Required .$ Provided $--+ Umbrella Liability . Each Occurrence Provided $ 5Y)1 \ L Exp Date Aggregate Provided $ , I " Exp Date Does Umbrella sufficiently cover any underinsured portion? _Yes Professional Liability Each Occurrence Required $ Per Aggregate Required $ Other Insurance Each Occur Type: Provided $ Provided $ Exp. Date Exp. Date Required $ Provided $ J~ ~Yes County required to be named as additional insured? County named as additional insured? Indemnification Does indemnification meet County standards? Is County indemnifying other party? v<: Yes Performance Bond Bond requirement referenced in contract? If attached, expiration date of bond Does dollar amount match contract? Agent registered in Florida? Yes Yes Yes Signature Blocks Correct executor name in signature block? Correct title of executor? Executor authorized to sign for entity? Proper number of witnesses/notary? Authorization for executor to sign, if necessary: Chairman's signature block? Clerk's attestation signature block? County Attorney's signature block? ~: ~: ~ I~ Attachments Are all required attachments included? No No No No No No It .I I I / Exp Date_ No No ~ No No No No No No No No No No No D CmtKt.Y Purchasing Department 3327 Tamiami Trail East Naples, Florida 34112 Telephone: (239) 252-8941 FAX: (239) 252-6700 Email: RhondaCummings@collierqov.net www.collierqov. neVpu rchasinq Admf1i~ Services Div\$ioo Purcha$ing Memorandum Date: SOli~(tion # 10-5457 "Roll Down Shutters for CAT Transfer Station and other County Facilities" 11J.@710 Subject: From: Rhonda Cummings, Contract Specialist To: Ray Carter, Risk Manager This Contract was approved by the BCC on November 9,2010, agenda item 16.E.5 The County is in the process of executing this contract with Storm Smart Industries, Inc. The insurance requirements are on pages 3 & 4. Please review the Insurance Certificate(s) for the referenced Contract. . If the insurance is not in order. please contact the vendor/insurance company to obtain a proper certificate. Once you receive the proper certificate(s), please acknowledge your approval and send to the County Attorney's office via the attached Request for Legal Services. . If the insurance is in order. please acknowledge your approval and send to the County Attorney's office via the attached Request for Legal Services. If you have any questions, please contact me at the above referenced information. In ddo Date C: Brenda Brilhart, Purchasing DATE REttttm NOV 1 6 2010 RISK MANAGEMENT (Please route to County Attorney via attached Request for Legal Services) G/Acquisitions/AgentFormsandLetters/RiskMgmtReviewofl nsurance4/15/20 10/16/09 mausen g From: Sent: To: Cc: Subject: RaymondCarter Wednesday, November 17, 2010 12:01 PM CummingsRhonda BrilhartBrenda; HerreraSandra; mausen_g Contract 10-5457 "Roll Down Shutters for CAT Transfer Station and other County Facilities" All, I have approved the certificate(s) of insurance provided by Storm Smart Industries, Inc for the above referenced contract which will now be forwarded to the county attorney's office for their review. Thank you, 7la.v- Cah.t.eh.. Manager Risk Finance Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Office 239-252-8839 Mobile 239-821-9370 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 www.sunbiz.org - Department of State Page I of2 Home Contact Us E-Filing Services Document Searches Forms Help Previous on List Next on List Return To List IEntity Name Search No Events No Name History Detail by Entity Name Florida Profit corpor~ STORM SMART INDUSTRIES, INC Filing Information . Document Number P06000053304 FEI/EIN Number 223928762 Date Filed 04/13/2006 State FL Status ACTIVE Principal Address 61821DLEWILD STREET FORT MYERS FL 33966 Changed 04/25/2008 Mailing Address 61821DLEWILD STREET FORT MYERS FL 33966 Changed 04/25/2008 Registered Agent Name & Address RIST, BRIAN D 6182 IDLEWILD STREET FORT MYERS FL 33966 US Name Changed: 04/13/2007 Address Changed: 04/23/2010 Officer/Director Detail Name & Address Title PD RIST, BRIAN D 61821DLEWILD STREET FORT MYERS FL 33966 Title VPST RIST, KIM 61821DLEWILD STREET FORT MYERS FL 33966 Title D / RIST, KIM 6182 IDLEWILD STREET http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&in~ doc _ number=P06000053... 10/29/20 I 0 www.sunbiz.org - Department of State Page 2 of2 FORT MYERS FL 33966 Annual Reports Report Year Filed Date 2008 04/25/2008 2009 03/23/2009 2010 04/23/2010 Document Images Note: This is not official record. See documents if question or conflict. 04/23/2010 -- ANNUAL REPORT 03/23/2009 -- ANNUAL REPORT 04/25/2008 -- ANNUAL REPORT 04/13/2007 -- ANNUAL REPORT 04/13/2006 -- Domestic Profit Previous on List Next on List Return To List IEntity Name Search No Events No Name History I Home I Contact us I Document Searches I E-Filino Services I Forms I Help I Copyrioht@ and Privacy Policies State of Florida, Department of State http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&inCL doc _ number=P06000053... 10/29/2010