HomeMy WebLinkAbout2007-421 SIGp t'i 4 :
This Agreement made Thisday of ' 2907, by and between Pyrotecnico of Florida, LLC, of Tampa,
Florida, (hereinafter referred to as " Pyrotecnico of Florida "J and Point West of Vero Beach Florida. Ltd and
The Indian River County Board of County Commissioners
of Vero Beach , Florida
WHEREAS, Pyrotecnico of Florida is engaged in the sale, exhibition and display of fireworks for those requesting said
goods and performance; and
WHEREAS, Sponsor wants Pyrotecnico of Florida to provide a fireworks exhibition and display for Sponsor' s benefit
under the terms and conditions set forth herein; and
WHEREAS Pyrotecnico of Florida is desirous of providing Sponsor with a fireworks exhibition and display for Sponsor' s
benefit under the terms and thereby, the parties agree as follows:
1 . Obligations of Pyrotecnico of Florida Pyrotecnico of Florida shall sell, fumish and deliver to Sponsor certain fireworks
which Pyrotecnico of Florida agrees to exhibit and display on (_ December 15 2007 ) in accordance
with the program set forth and agreed upon at the time of the signing of this Agreement, the specifics of which are set
forth in the "Fireworks Exhibition and Display Program " attached hereto and incorporated herein by reference thereto.
( Fireworks Display) .
2. Payment Schedule. For and in consideration of the Fireworks Display, Sponsor agrees to pay Pyrotecnico of Florida
the sum of $_ 12.000.00 payment shall be made as follows:
a. 50% of the contract price upon the signing hereof.
b. The balance of the contract price within ten days of completion of the Fireworks Display.
Sponsor agrees to pay interest at the rate of 1 '/z % per month on any delinquent balance until the debt is paid in full .
Payment shall be made by certified check or otherwise as agreed to Pyrotecnico of Florida, LLC, P.O. Box 310, New
Castle, Pennsylvania, 16103. Furthermore, in the event Sponsor fails to perform its obligation and responsibility as set forth
herein and it becomes necessary for Pyrotecnico of Florida to enforce its rights by hiring an attorney, Sponsor shall be
responsible for, in addition to any other sums for which it is found responsible, all attorneys fees and costs incurred by
Pyrotecnico of Florida to collect said sums.
3. Responsibilities of Sponsor. Sponsor agrees to procure and furnish a place suitable to Pyrotecnico of Florida for the
display and exhibition of fireworks, ( "Display Site") .
Sponsor shall hire, secure and provide, at its own cost and expense, adequate private and/or public security, police and
fire protection . Sponsor shall be solely responsible and obligated to construct and furnish all materials necessary to set
up restraining lines and other barriers for keeping all persons (except those designated by Pyrotecnico of Florida) out of
the Display Site and all fallout and danger areas and behind the safety zone lines. Sponsor shall provide adequate
private and/or public security personnel and /or protection to preclude all individuals other than those authorized by
Pyrotecnico of Florida from entering the security area designated by Pyrotecnico of Florida. No persons or personal or
real property of any kind, including but not limited to motor vehicles shall be allowed within the Display Site, fallout area
or safe zone. Sponsor shall ensure that all spectator viewing and parking, as well as any other personal or real property is
not within the Display Site, fallout area or safe zone. Sponsor shall fulfill its responsibilities as set forth herein in accordance
with all local, state and federal rules, laws, orders and regulations, including those of the National Fire Protection
Association ( NFPA) , as amended and as ma/ be further required by Pyrotecnico of Florida.
4. Indemnifications and Liability. Sponsor shall hold harmless and indemnify Pyrotecnico of Florida from any demands,
claims, causes of action or liability arising from damage to or destruction of real or personal property or bodily or
personal injuries, whether arising from tort, contact or otherwise, that occur directly or indirectly from the failure of
Sponsor to comply with its obligations and responsibilities as set forth herein, including attorneys fees and costs. Sponsor
shall not, under any
circumstances, be entitled to recover any consequential, incidental, exemplary, special and/or punitive damages from
Pyrotecnico of Florida, including, without limitation, loss of income, business or profits.
5. Postponement. In the event that weather is such that Pyrotecnico of Florida in its sole and absolute discretion,
determines that the Fireworks Display would be impossible, impractical or would unnecessarily increase the risk of
damage or danger to person and/or property, the parties agree to immediately hold a postponement meeting at which
Pyrotecnico 11/20/2007 PW / IR 12/15/07 $12,000 P9. 6 / 7
time on attempt to reschedule the Fireworks Display shall be discussed with a view toward reaching a mutually
satisfactory postponement time and/or date.
In the event the mutually satisfactory postponement time and/or date is beyond the day following the scheduled
Fireworks Display and it is impracticable for the personnel and equipment of Pyrotecnicc of Florida to remain at
Sponsor' s location until the rescheduled Fireworks Display date, then Spor•sor shop pay the oc+uol eraenses incurred by
Pyrotecnico of Florida related to the postponement, which shall not exceed forty percent (40%) of the contract price.
Actual expenses include, but are not limited to, expenses for travel, lodging , labor, meals, rentals, permit fees , set-up
and/or dismantling of display, additional taxes or surcharges, or any other additional expenses that incurred prior to
and/or as a result of the postponement or cancellation .
In the event a mutually satisfactory postponement date cannot be determined, this contract shall become null and void
and neither party shall have any obligation or responsibility hereunder provided however, that in such event Sponsor
shall pay to Pyrotecnico of Florida a sum equal to seventy-five (75%) of the contract price .
6. Cancellation . In the event Sponsor cancels this contract as provided below, liquidated damages for such
cancellation shall be paid by Sponsor to Pyrotecnico of Florida as follows :
a . In the event the Fireworks Display is cancelled more than thirty (30) days before the date scheduled for the
Fireworks Display, twenty-five percent (25%) of the amount of the contract price .
b. In the event the Fireworks Display is cancelled no more than thirty (30) days and no less than four (4) days before
the contract, fifty percent 50%) of the contract price.
c. If the Fireworks Display is cancelled no more than three (3) days but before the day scheduled for the Fireworks
Display, seventy-five percent ( 75%) of the contract price.
d. On the day scheduled for the Fireworks Display, one hundred percent ( 100%) .
In the event that Sponsor chooses to terminate this contract it shall do so by written notice via registered mail addressed
to Pyrotecnico of Florida, LLC, P.O. Box 310, New Castle, PA 16103. Notice shall be effective upon receipt of said written
notice by Pyrotecnico of Florida. In the event of circumstances beyond the control of either party, such as fire, strikes,
delay, flood, acts of God or similar causes, which prevent the delivery of materials or performances as, set forth herein,
the parties hereto release one another from any and all obligations and responsibilities contained herein .
7 . Governing Law. The parties agree that this contract shall be interpreted, construed, enforced and governed by the
laws of the State of Florida .
8. Modifications and Revision. Except as provided herein, the terms of this agreement shall not be modified, amended
or rescinded except by written agreement signed byE/ ,
tirepresentatives of the parties heret
IN WITNESS WHEREOF, the undersigned executed this by and through their out ed agents whose names
appear below.
PYRO F A, L
c ^ By:
c _ � ,�Title
J
ATTEST: SPONSOR: Point West of ro Beach, Florida, Ltd. ($6,000)
By:
Title :
ATTEST: SPONSOR: Indian River County Board of County Commissioners
($6,000)
By:
Title :
Pyrotecnico 10131 /2007 PW / IR 12/15/07 $ 12, 000 Pg . 717
V11
time an attempt to reschedule the Fireworks Display shall be discussed with a view toward reaching a mutually
satisfactory postponement time and/or date .
In the event the mutually satisfactory postponement time and/or date is beyond the day following the scheduled
Fireworks Display and it is impracticable for the personnel and equipment of Pyrotecnico of Florida to remain at
Sponsor' s location until the rescheduled Fireworks Display date, then Sponsor shall pay the actual expenses incurred by
Pyrotecnico of Florida related to the postponement, which shall not exceed forty percent ( 40%) of the contract price.
Actual expenses include , but are not limited to, expenses for travel, lodging, labor, meals, rentals, permit fees, set-up
and/or dismantling of display, additional taxes or surcharges, or any other additional expenses that incurred prior to
and/or as a result of the postponement or cancellation.
In the event a mutually satisfactory postponement date cannot be determined, this contract shall become null and void
and neither party shall have any obligation or responsibility hereunder provided however, that in such event Sponsor
shall pay to Pyrotecnico of Florida a sum equal to seventy-five ( 75%) of the contract price .
6. Cancellation. In the event Sponsor cancels this contract as provided below, liquidated damages for such
cancellation shall be paid by Sponsor to Pyrotecnico of Florida as follows:
a. In the event the Fireworks Display is cancelled more than thirty (30) days before the date scheduled for the
Fireworks Display, twenty-five percent (25%) of the amount of the contract price.
b. in the event the Fireworks Display is cancelled no more than thirty (30) days and no less than four ( 4) days before
the contract, fifty percent (50%) of the contract price.
c. If the Fireworks ' Display is cancelled no more than three (3) days but before the day scheduled for the Fireworks
Display, seventy-five percent ( 75%) of the contract price.
d . On the day scheduled for the Fireworks Display, one hundred percent ( 100%) .
In the event that Sponsor chooses to terminate this contract it shall do so by written notice via registered mail addressed
to Pyrotecnico of Florida, LLC, P.O. Box 310, New Castle, PA 16103. Notice shall be effective upon receipt of said written
notice by Pyrotecnico of Florida . In the event of circumstances beyond the control of either party, such as fire, strikes,
delay, flood, acts of God or similar causes, which prevent the delivery of materials or performances as, set forth herein,
the parties hereto release one another from any and all obligations and responsibilities contained herein .
7 . Governing Law. The parties agree that this contract shall be interpreted, construed, enforced and governed by the
laws of the State of Florida .
8. Modifications and Revision. Except as provided herein, the terms of this agreement shall not be modified, amended
or rescinded except by written agreement signed by authorized representatives of the parties hereto .
IN WITNESS WHEREOF, the undersigned executed this agreement by and through their authorized agents whose names
appear below.
ATTEST: PYROTECNICO OF FLORIDA, LLC
By:
Title:
ATTEST: SPO ORh t We of V o e h, Flod O, d. ($61000)
By: o
Title: el � � <
SPONSOR: Indian River County Board of County. Commissioners
($6 0)
By:
seph A . Baird , County Administrator
Title,
APti' ROVELi -n f0 FORM
LIN -? 7Lq�41FFICIENCY
ay/ZM
__
Pyrotecnico 11/20/2007 i1iV E . FELL P 121 107 $12,(000 Pg. 717
4591 STANT C01 IN T" ATTORN'
time an attempt to reschedule the Fireworks Display shall be discussed with a view toward reaching a mutually
satisfactory postponement time and/or date .
In the event the mutually satisfactory postponement time and/or date is beyond the day following the scheduled
Flrewerks Display and it is impracticable for the personnel and equipment of Pyrotecnico cf Flor'.dc to remain at
Sponsor ' s location until the rescheduled Fireworks Display date, then Sponsor Shall pay the ocfual eyPences ^cplrred cy
Pyrotecnico of Florida related to the postponement, which shall not exceed forty percent (40%) of the contract price.
Actual expenses include, but are not limited to, expenses for travel, lodging, labor, meals, rentals, permit fees, set-up
and/or dismantling of display, additional taxes or surcharges, or any other additional expenses that incurred prior to
and/or as a result of the postponement or cancellation.
In the event a mutually satisfactory postponement date cannot be determined, this contract shall become null and void
and neither party shall have any obligation or responsibility hereunder provided however, that in such event Sponsor
shall pay to Pyrotecnico of Florida a sum equal to seventy-five (75%) of the contract price.
6 . Cancellation. In the event Sponsor cancels this contract as provided below, liquidated damages for such
cancellation shall be paid by Sponsor to Pyrotecnico of Florida as follows :
a . In the event the Fireworks Display is cancelled more than thirty (30) days before the date scheduled for the
Fireworks Display, twenty-five percent ( 25%) of the amount of the contract price .
b. In the event the Fireworks Display is cancelled no more than thirty (30) days and no less than four (4) days before
the contract, fifty percent (50%) of the contract price.
c. If the Fireworks Display is cancelled no more than three (3) days but before the day scheduled for the Fireworks
Display, seventy-five percent ( 757o) of the contract price.
d. On the day scheduled for the Fireworks Display, one hundred percent ( 100%) .
In the event that Sponsor chooses to terminate this contract it shall do so by written notice via registered mail addressed
to Pyrotecnico of Florida, LLC, P.O. Box 310, New Castle, PA 16103 . Notice shall be effective upon receipt of said written
notice by Pyrotecnico of Florida. In the event of circumstances beyond the control of either party, such as fire, strikes ,
delay, flood, acts of God or similar causes, which prevent the delivery of materials or performances as, set forth herein,
the parties hereto release one another from any and all obligations and responsibilities contained herein .
7 . Governing Law. The parties agree that this contract shall be interpreted, construed , enforced and governed by the
Taws of the State of Florida .
8. Modifications and Revision . Except as provided herein, the terms of this agreement shall not be modified, amended
or rescinded except by written agreement signed by authorized representatives of the parties heret
IN WITNESS WHEREOF, the undersigned executed this agreement by and thrortheirout agents whose names
appear below.
PYROTECNICO O F A,By:
Title: ,4:ti : ..
J
ATTEST: SPONSOR: Point West of ro Beach, Florida, Ltd. ($6 ,000)
By :
Title:
ATTEST: SPONSOR: Indian River County Board of County Commissioners
($6,000)
By:
Title:
Pyrotecnico 1013112007 PW I IR 12/15107 $ 12,000 Pg, 717
3 i
40 - 3 " Assorted Color Changing Star Shells and Titanium Salutes
12 - 4" Color Peony Shells
5 - 5" Multi Color Peony Shells
15 - Extra Loud Titanium Salutes
20 - Multi Color Star Shells
20 - Fancy and Color Changing Shells
15 - Special Effect Shells
15 - Variegated Crackling Shells
15 - Assorted Stickless or Comets
35 - Multi Color Star Shells
35 - Fancy and Color Changing Shells
20 - Special Effect Shells
20 - Variegated Crackling Shells
20 - Pattern Shells
20 - Assorted Stickless or Comets
Pyrotecnico 11/20/2007 PW / IR 12/15/07 $12,000 Pg. 3 / 7
3 % 0% ($5 !S# " !
30 - Multi Color Star Shells
35 - Fancy and Color Changing Shells
20 - Special Effect Shells
20 - Variegated Crackling Shells
20 - Pattern Shells
10 - 3 " Golden Palm Trees
6 - 4 " Golden Palm Trees
5 - 5" Golden Palm Trees
10 - 3 " Red, White and Blue Whistle
6 - 4" Red, White and Blue Whistle
5 - 5" Red, White and Blue Whistle
10 - 3 " Crackling Star Shells
6 - 4" Crackling Star Shells
5 - 5" Crackling Star Shells
10 - 3 " Brocaded Crown Chrysanthemums
6 - 4" Brocaded Crown Chrysanthemums
5 - 5" Brocaded Crown Chrysanthemums
51 - 3 " Stickless Rocket Shells
51 - 3 " Chinese Comet Shells
35 - 3 " Assorted Mines
200 - 3 " Assorted Color Star Shells with Titanium Salutes
30 - 4" Color Changing Chrysanthemum Shells
20 - 5 " Two Color Peony Shells
Pyrotecnico 11 /20/2007 PW / IR 12/15/07 $12,000 Pg. 4 / 7
40 - Three Inch Shells
12 - Four Inch Shells
5 - Five Inch Shells
100 - Three Inch Shells
150 - Four Inch Shells
125 - Five Inch Shells
40 — Three Inch Shells
24 — Four Inch Shells
20 — Five Inch Shells
137 — Three Inch Shells
200 — Three Inch Shells
30 — Four Inch Shells
20 — Five Inch Shells
Pyrotecnico 11 /20/2007 PW / IR 12/15/07 $ 12,000 Pg . 5 / 7
UAW
Bringing the night to tight?
r= t a��c<trAK � res
Nene Castle, PA
November 70, 1007 Phone: 1 -800-854-4705
Scott Seeley 1 - 724-652-9555
18401St/' Street Fox: 1 -724-652 - 1288
P.O. Box 149
Vero Beach, Florida 31960 New ca5tte, PA lelos
Plontgomery, AL
Phone: 1 -800-255- 1199
DealSCOtt." 1 -334-286-4044
Fox: 1 -334-286-4037
/t was a pleasure to speak with you recently. Thanks forgetting back tome, 3
We lookforward to working w/thyou. Adan+. a , GA
Phone 1 -877-924-0102
Yourproposa/ representracomp/etecontract, whichincludesa//materia/and 1 -770- 924-0102
Fax: 1- 770-924-2646
equipment to fire your disp/ay, along with Our Ten Mi//ion A- I5 /nsurance
coverage. Also, included are the services of our high/y trained and New Odea ri,, ' A
profession/pyrotechn/clan teams to set up, fire our dis /a , and rovide a// j Phone: 1 -800- 783-2513
P y P l P 1 -985-893 -8800
clean up at the conclusion of the program. For 1 -985-893 - 1215
I
/'veenclosedourste7ndalddisplc7ycontract. Fleasereviewit, andshouldthis i Tampa, FL
program be acceptable to you, sign the agreement and return it with our Phone: 1- 727 -857-9766
y
50% deposit in the enclosed envelope. upon receipt of the contract / will Fox: 1-727-857 -9767
return an executed copy to you, along with the original Insurance certificate.
P/ease /et meknowifyouhaveanyquestionsA// my best wishes? www.pyrotecnico .com
Sincere/y,
Pyrotecn/co
Y17nFe/gert
JTF/gaf
Pyrotecnico 11/20/2007 PW / IR 12/15/07 $ 12,000 Pg. 1 / 7
Ali
PROPOSAL 6ringitrg the right to light?
P. O. Boz 149
p p7 New Castle, PA 16103
#() /Rf& # O " *#!# 0 &) /0 , ( 0� 8724-652-9555
00-854-4705
rr' p7 0 _#!) % / Ir pv## * $1 $$ F%V. 724-652- 1288
�� / ( 70" —� NEW CASTLE, PA
"Fireworks CapiIol of Americo. "
2- % 0 # * 3#!) % 0& '4 wwmpyrotecnico .com
0# *, 1 #&$56 3 ', * % /&
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All Necessary Insurance to include: Ten Million Dollar General Liability
/ Insurance, Ten Million in Commercial Transportation Insurance, and State
Worker's Compensation .
v,
c Our Trained Technicians to Produce The Display.
All Transportation and Delivery Costs . Transportation provided by our
Commercially Licensed Drivers
All Materials and Equipment to Fire the Display.
^` All Necessary Safety Precautions to Provide a Safe and Spectacular Display.
Assistance with Local and State Fireworks Display Permits .
uG
` A Highly Choreographed Display Design .
The Widest Variety of Top Quality Shells and Special Effects from around the
Globe that includes our Own American Products .
Pyrotecnico 11 /20/2007 PW / IR 12/15/07 $12,000 Pg. 2 / 7
ACORDTP CERTIFICATE OF LIABILITY INSURANCE 7CERTIFICATE
MMNDIYYYY)
PRODUCER 2007
Phone : 440 - 248 - 4 "% 11 Fax : 440 -290 - 5406 THIS CERTIFICATE IS ISSUED AS A MATTRMATION
Britton -Gallagher and Associates , Inc . ONLY AND CONFERS NO RIGHTS UPOTIFICATE6240 SOM Center Rd . HOLDER. THIS
CERTIFICATE DOES NOTTEND ORCleveland OH 44139 ALTER THE COVERAGE AFFORDED BY TBELOW.INSURERS AFFORDING COVERAGE C #INSURED --_ __
__._ ... _-_ _ . _Pyrotecnico of Florida , LLC INSURERALexingtonInsurance Cc _
P . O . Box 310 ' INSUREROGranite State Insurance Co
New Castle PA 16103 INSURERCArch _Specialty Ins Cc _ .
INSUREROAxrs Specialty Ins Company_,_
NSURER E:
COVERAGES
THE POLICIES OF INSURANCE LIS'T'ED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED .
NOTNI 'THSTANDING ANY REQUIREMENT , TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE I-MY BE ISSUED OR FIA" PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE
TEMS , EXCLUSIOI4S AND CONDITIONS OF SUCH POLICIES . AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS .
INSR ADD'L --.-- --- _
LT _ 1 14 2008 _. _
POLICYNUMBER POLICYEFFELTIYE ' POLICYEXPIRATION - -
!� GENERAL t1ABILI7Y AT MM tt LIMITS
!6990164 1 / 14 / 2007 / / j. EACH OCCURRENCE is2 000 00o
X-XI
I "OMMERCIALGENERALLIABILITY DAMAGE TO RE'NTEO =
I -- - PkENu Esl_a aru cel 550 , 000
CLAIMSMOOE LXA OCCUR H20 EXP (Myope Tarso r] 5 —
' -- PERSONAL S AOVIN-VIiY Sl 000 DOG
C — - I' G NERALAGGREGATE S2 , 000 , 000
GENT AGGREGATE UTAIITOD
- LOC I APPLIES PER'. J P- - ---- S - COMPIOP AOO : $ 2 OQO UOQ
POLICY
j X I— -
-..
B � AUTOMOBILE Dnelutt CA38090961 ' 1 / 14 / 2007 1 / 14 / 2008coM '
f O l) GLE Ln J1
XMYT Y nuio (Ea acodenaenp II51 , 000 , 000
t ALLOVYNEDAUTOS ( t" _ --
1� BODNJURY? SCV{EDULEOAUTOS � I (Pe, PeILY Irson) i S
X i HIREOAUTOB -
NON OWNFO AUT05 BODICE INJURY
I I = IP fxcc lla :ll S
1 - ; PROPENTYDAMAGE iS
I 1 (Pe az -tlPNI
GARAGE LIABILITY ! AUTO ONLY - EAACCIDENT S
_ J ANYAUTO
OTHER THAN EA'ACC S
AUTOONLY:
C ' S
EXCESBNAIBRELLA LIABILiiY qGG
IULP0011761 1 / 14 / 2OU7 ' 1 14 2008 EACH OCCURRENCE
IX
DOUR CLA _
IMS MADE I AGGR000
EGATE 54 54 GOD COU _,
DEDUCTIBLE 5
' X IRETENTION5
51 _
__......
'
EMPLOYERS'
W
ORKERS LOMPON AND .. j ._OETRH
S
EMPLOYERS' LMBILITY iORY _JI� `¢
I ANYPROPRIETOAPARiNCRA7XECUTIVL LI ,EL EACHACCIDENT $
OPRCER;"FI.m ER EXCLUDED? �— - - - -�-
1( YS56dc ribeonder j i EL DISEASE EAEMPLGYF.EI S
_. _
SPECIN_PROVISIONS bo:av I EL DISEASE POLICY LR11 S
OTHER
DExcess Liab . JEAU723112 1 / 14 / 2007 1 / 7. 4 / 2008 $ 5 , 000 , 000 Eacn OCCnrtence
° 5 , 000 , 000 Aggregate
i
DESCmPTIOR Of OPERATIONS LOCATIONS I VE141C LES 1 EXCLU SIGNS ADDED DY ENDORSEMENTI SPECIAL PROVISIONS
Fireworks DLSPlay Date : December 15 , 2007
Location : Pointe West of Vero Beach , FL
dditronal Insured : Indian River County Recreation Department ; Point West of Vero Beach LTU ; Indian River County Board
�f County COnlm!SSioners
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THP ABOVE llESCRIUED POLICIES BE CANCELLED
Pointe West of Vero Beach LSD BEFORE THE EXPIRATION DATE THEREOF , THE ISSUING INSURER
1999 Pointe West Drive WILL ENDEAVOR '"O MAIL 30 DAYS WRITTEN NOTICE TO THE
Vero Beach FL 32966 CERTIFICATE BOLDER NAMED TO THE LEFT, BCT FAILURE TO DO SC
SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON
THE INSURER , ITS AGENTS OR REPRESENTATIVES .
AUTHORIZEp REPRESENTATIVE
? T `
ACORD 25 (2001/08) ✓/ ;
OACORD CORPORATION 1988