05/19/2004 Agreement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
July 2,2004
TO:
James Malloch, Director
Community Services
FROM:
Sandy Molina, Assistant
to the Division Director
Pamela G. Han~
Deputy Clerk "'~y
ATTN:
At the May 19, 2004, Board of County Commissioner's meeting the Board granted
approval and authorized execution of a Records Storage Agreement between Monroe County
and Certified Records Management, LLC for an off-site records storage, with a correction to
Page 6 of the Contract - Section 22 - changing the second mentioned word of County to
Contractor, and adopted Resolution No. 193-2004 concerning the transfer offunds for same.
Enclosed is a duplicate original of the Agreement and a certified copy of the subject
Resolution for your handling. Should you have any questions please do not hesitate to contact
this office.
cc: County Administrator w/o document
County Attorney
Finance
File/'
RECORDS STORAGE AGREEMENT
This Agreement is made and entered into this 19th day of M;lY,
2004, by CERTIFIED RECORDS MANAGEMENT, LLC (the CONTRACTOR), a Florida
limited liability company which has the principal address of 4300 E. 7th Ave.,
Tampa, FL 33605, and MONROE COUNTY (the COUNTY), a political subdivision of
the State of Florida, whose address is 1100 Simonton Street, Key West, FL 33040,.
WHEREAS, the CONTRACTOR owns and operates a records storage center
located in Hillsborough County, Florida; and
WHEREAS, COUNTY requires secure storage space for public records which
are old and seldom, if ever, required for COUNTY operations but which are required
by law or determination of historic value to be retained; and
WHEREAS, other local government and state agencies have contracted such
services from CONTRACTOR, which has been approved under the Florida S.N.A.P.S.
Program; now therefore,
IN CONSIDERATION of the mutual promises contained herein, the Parties
agree as follows:
1. STORAGE SERVICES. The CONTRACTOR shall accept for storage and
service under its management system, and COUNTY shall deposit such record
material as is identified on the initial Accession Log form attached hereto in Exhibit
A and incorporated herein by reference. The parties agree that subsequent
deposits of record material shall be identified on additional Transmittal Forms
issued by CONTRACTOR at the time of such deposits.
2. STORAGE AND RETRIEVAL OF DOCUMENTS. The CONTRACTOR shall
provide storage for COUNTY's records in a secured area, reasonably designed to
prevent loss or damage from any environmental or any other cause. The
CONTRACTOR shall provide to the COUNTY reasonable inventory and retrieval
procedures to ensure expeditious availability and control of deposited records.
These procedures shall include the use of the forms contained in Exhibit A, which is
attached hereto and incorporated into this Agreement by reference.
3. BAILMENT IDUTY OF CARE. All deposits shall be held by CONTRACTOR
under bailment and CONTRACTOR shall exercise reasonable care with respect to the
custody, protection, storage and release of such deposits. The CONTRACTOR shall
have only such duties of care or obligations to COUNTY as are specified herein.
4. TERM. The term of this Agreement is three years running from 'J'ut\c.
",100" through ~f\f.. \fD.l.OO 7 . This agreement shall be renewable at the option
of COUNTY for an additional three one-year terms, provided COUNTY gives notice to
CONTRACTOR of its intent to renew at least sixty (60) days prior to the termination
of this agreement or any extension thereof.
2 Records Storage
5. USE AND CONDITIONS. The COUNTY shall use the storage facility solely
for the purposes of storage of County records. The COUNTY shall not use the
premises in any manner that would obstruct or interfere with any functions and
duties of the CONTRACTOR or with any permissible uses by other users of the
facility.
The COUNTY stipulates that all records which are deposited with the CONTRACTOR
shall not be infected with mold/mildew/bacteria or any other hazardous substances
including vermin. The COUNTY also stipulates that it is not the responsibility of the
CONTRACTOR to clean, disinfect, exterminate or restore any deposits made in such
conditions. It shall be the responsibility of the COUNTY to clean, disinfect,
exterminate or restore the COUNTY's deposits or those of other depositors which
are affected by the deposit of COUNTY records in such unacceptable conditions,
upon request by the CONTRACTOR to repair such damage. The CONTRACTOR may,
at its sole discretion, redeliver to the COUNTY such deposits as do not comply with
this paragraph, and the COUNTY shall be liable for the damage which COUNTY's
deposits cause to other depositors and to the CONTRACTOR.
6. PAYMENT. The total compensation to be paid to the CONTRACTOR in
consideration of its services under this Agreement shall not exceed $74,484.00 per
annum. The COUNTY shall pay the CONTRACTOR on a per month in arrears basis
in an amount based on the deposits and other services provided by CONTRACTOR
in conformity with the rate schedule set forth in Exhibit B, attached hereto and
incorporated herein by reference. The CONTRACTOR reserves the right to change
its storage rates from time to time as may be necessitated by increased costs of
operation, but notice of such changes shall be provided to COUNTY at least sixty
(60) days in advance of the rate change, and the COUNTY shall have the option of
terminating this agreement by giving the CONTRACTOR only thirty (30) days notice
instead of the ninety (90) days provided in paragraph 11. All deposits placed with
the CONTRACTOR between the first and last day of the month shall be prorated
from the date placed.
The CONTRACTOR shall provide a monthly invoice on the 1st day of each month to
the COUNTY's Division of Community Affairs, and payment shall be made in
accordance with the Florida Prompt Payment Act. Payment under this agreement is
contingent upon annual appropriation by the COUNTY. In the event that funds are
partially reduced or cannot be obtained or continued at a level sufficient to allow for
the purchase of the services contemplated, then the contract may be terminated
immediately at the option of the COUNTY upon written notice of termination being
delivered in person or by mail to the Contractor in compliance with the termination
requirements of paragraph 11. The COUNTY will not be obligated to pay for any
services provided by the CONTRACTOR after the effective termination date for
which CONTRACTOR has received written notice.
7. TAXES. The COUNTY is exempt from the payment of all taxes.
8. INSURANCE.
A. General Liability Insurance
3 Records Storage
Prior to the commencement of work governed by this contract, the Contractor shall
obtain General Liability Insurance. Coverage shall be maintained throughout the
life of the contract and include, as a minimum:
. Premises Operations
. Products and Completed Operations
. Expanded Definition of Property Damage
. Personal Injury Liability
. Blanket Contractual Liability
The minimum limits acceptable shall be:
(CSL)
$1,000,000 Combined Single Limit
If split limits are provided, the minimum limits acceptable shall be:
$ 500,000 per Person $ 100,000 Property Damage
$1,000,000 per Occurrence
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made
policy, its provisions should include coverage for claims filed on or after the
effective date of this contract. In addition, the period for which claims may be
reported should extend for a minimum of twelve (12) months following the
acceptance of work by the County.
B. Vehicle Liability Insurance
Recognizing that the work governed by this contract requires the use of vehicles,
the Contractor, prior to the commencement of work, shall obtain Vehicle Liability
Insurance. Coverage shall be maintained throughout the life of the contract and
include, as a minimum, liability coverage for:
. Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
(CSL)
$100,000 Combined Single Limit
If split limits are provided, the minimum limits acceptable shall be:
$ 50,000 per Person
$100,000 per Occurrence
C. Bailee's legal Liability Insurance
$ 25,000 Property Damage
Recognizing that the work governed by this contract involves County property being
in the care, custody, and control of the Contractor, and that most liability policies
exclude coverage for such items, the Contractor will be required to maintain
Bailee's Liability Insurance in amounts no less than the value of the property in the
possession of the Contractor as agreed upon in the contract.
D. Policy Maintenance. The Board of County Commissioners of Monroe
shall be named as Additional Insured on all policies issued to satisfy the above
requirements except the bailee's insurance.
The CONTRACTOR must keep in full force and effect the required insurance
during the term of this Agreement. If the insurance policies originally purchased
4 Records Storage
which meet the requirements of this lease are canceled, terminated or reduced in
coverage, then the COUNTY must immediately substitute complying policies so that
no gap in coverage occurs. Copies of current policy certificates shall be filed with
the COUNTY whenever acquired or amended.
9. HOLD HARMLESS. The CONTRACTOR is liable for and must fully
defend, release, discharge, indemnify and hold harmless the COUNTY, the members
of the County Commission, County officers and employees, and County agents and
contractors, and the State, its officers and employees, from and against any and all
claims, demands, causes of action, losses, costs and expenses of whatever type -
including investigation and witness costs and expenses and attorneys' fees and
costs - that arise out of or are attributable to the CONTRACTOR's operations on the
premises except for those claims, demands, damages, liabilities, actions, causes of
action, losses, costs and expenses that are the result of the sole negligence of the
COUNTY. The COUNTY shall fully defend, release, discharge, indemnify and hold
harmless the CONTRACTOR from and against any and all claims, demands, causes
of action, losses, costs and expenses of whatever type - including investigation and
witness costs and expenses and attorneys' fees and costs - that arise out of or are
attributable to from and against any and all claims, demands, causes of action,
losses, costs and expenses of whatever type - including investigation and witness
costs and expenses and attorneys' fees and costs - that arise out of or are
attributable to the COUNTY's actions or omissions.
10. NON-DISCRIMINATION. The COUNTY for itself, its personal
representatives, successors in interest, and assigns, as a part of the consideration
hereof, does hereby covenant and agree that no person on the grounds of race,
color, or national origin shall be excluded from participation in, denied the benefits
of, or be otherwise subjected to discrimination in the use of premises or in the
contracting for improvements to the premises.
ETHICS CLAUSE: Grantee warrants that he has not employed, retained or otherwise
had act on his behalf any former County officer or employee in violation of Section 2 or
Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of
Ordinance No. 10-1990. For breach or violation of the provision the Grantor may, at its
discretion terminate this agreement without liability and may also, at its discretion,
deduct from the agreement or purchase price, or otherwise recover, the full amount of
any fee, commission, percentage, gift, or consideration paid to the former or present
County officer or employee.
11. TERMINATION. This Agreement may be terminated by either party upon
giving ninety (90) days prior written notice to the other party.
12. ACCESS TO AND RELEASE OF DEPOSITED RECORDS. The
CONTRACTOR shall restrict access to COUNTY's deposits to authorized
representatives of COUNTY, who may examine such deposits in designated areas of
the CONTRACTOR's premises. With the exception of circumstances described in
paragraph 14 of this agreement, the CONTRACTOR shall not disclose or deliver
5 Records Storage
deposits or information contained therein to any person unless specifically directed
to do so in writing by the COUNTY. For purposes of this paragraph, only the
Director of the COUNTY's Division of Community Affairs, the COUNTY Attorney, or
the COUNTY Administrator shall be authorized to provide such written directions for
delivery or disclosure. Anyone of those officers may designate in writing a person
authorized to retrieve and/or inspect such record deposits as identified in the
writing. The CONTRACTOR shall not be liable for any delay in granting access or
delivery of deposited records caused by the CONTRACTOR'S verification of the
authorized status of the person or entity requesting access to same. The COUNTY
is a political subdivision of the State of Florida and a lien can therefore not be
placed on its property. However, nothing contained herein shall preclude the
CONTRACTOR from taking such action as is authorized under the Florida Prompt
Payment Act to obtain payment for the services provided hereunder.
13. INCIDENTAL TRANSPORTATION. As part of the services provided
hereunder, the CONTRACTOR may, from time to time, deliver deposits to COUNTY
upon its request. The parties agree that such delivery is incidental to the
CONTRACTOR's storage and record maintenance function and that the
CONTRACTOR shall not be deemed a contract or common carrier, and that the
CONTRACTOR's liability under paragraph 15 below shall apply to any such ancillary
service.
14. LEGAL PROCESS. The CONTRACTOR shall not be liable to the COUNTY or any
third party for the disclosure of or the seizure, attachment, garnishment, or
subpoena of COUNTY's deposited records pursuant to civil or criminal legal process
issued against the COUNTY, its employees or its agents, which directs
CONTRACTOR to hold, disclose, turn over, or surrender such deposits pursuant to
such legal process.
15. LIABILITY. The CONTRACTOR shall be liable to the COUNTY only for loss or
damage to deposits caused by or resulting from the negligence or willful act of the
CONTRACTOR. The amount of such liability shall be limited to the valuation and
insurance provisions of paragraph 8, above. Nothing herein shall be deemed to
prevent COUNTY from obtaining or maintaining its own insurance on such deposited
records. Any claims against the CONTRACTOR must be made in writing and
delivered to the CONTRACTOR by Certified Mail, within forty-five (45) days after the
return of deposits to COUNTY or the COUNTY's receipt of notification of any event
or occurrence affecting such deposits.
16. VOLUNTARY DESTRUCTION OF DEPOSITED RECORDS. Upon written
instruction from the COUNTY signed by the COUNTY Administrator, the contractor
shall destroy all or a portion of county's deposited records, as specified in the
written instruction. Under these circumstances, COUNTY releases the
CONTRACTOR from any and all liability by reason of destruction of such deposits
pursuant to such authority. After providing instructions to destroy deposits as
provided herein, COUNTY shall not be liable for further storage charges for such
deposits.
t> KeCOrQS ;:,torage
17. DEFAULT-WAIVER. The waiver by the COUNTY or the COUNTY of an act or
omission that constitutes a default of an obligation under this Agreement does not
waive another default of that or any other obligation.
18. ASSIGNMENT. The COUNTY may not assign this Agreement or assign or
subcontract any of its obligations under this Agreement without the approval of the
COUNTY's Board of County Commissioners. All the obligations of this Agreement
will extend to and bind the legal representatives, successors and assigns of the
COUNTY and the COUNTY.
19. SUBORDINATION. This Agreement is subordinate to the laws and
regulations of the United States, the State of Florida, and the COUNTY, whether in
effect on commencement of this lease or adopted after that date.
20. INCONSISTENCY. Any item, condition or obligation of this Agreement that
is in conflict with the items listed in this paragraph is superseded to the extent of
the conflict.
21. GOVERNING LAWS/VENUE. This Agreement is governed by the laws of
the State of Florida and the United States. Venue for any dispute arising under this
Agreement must be in Monroe County, Florida. In the event of any litigation, the
prevailing party is entitled to a reasonable attorney's fee and costs.
22. CONSTRUCTION. This Agreement has been carefully reviewed by the
COUNTY and the CONTRACTOR. Therefore, this Agreement is not to be construed
against any party on the basis of authorship.
23. NOTICES. Notices in this Agreement, unless otherwise specified, must be
sent by certified mail to the following:
COUNTY:
County Administrator
1100 Simonton Street
Key West, FL 33040
and
Director, Division of Community Services
Monroe County
1100 Simonton Street
Key West, FL 33040
CONTRACTOR
Ismael Gonzalez
Certified Records Management, LLC
P.O. Box 76155
Tampa, FI. 33675-1155
24. PUBLIC ENTITY CRIME STATEMENT. A person or affiliate who has been
placed on the convicted vendor list following a conviction for public entity crime may not
submit a bid on an agreement to provide any goods or services to a public entity, may
not submit a bid on a agreement with a public entity for the construction or repair of a
7 Records Storage
public building or public work, may not submit bids on leases of real property to public
entity, may not be awarded or perform work as a contractor, supplier, sub-contractor, or
consultant under a agreement with any public entity, and may not transact business with
any public entity in excess of the threshold amount provided in Section 287.017, for
CATEGORY TWO for a period of 36 months from the date of being placed on the
convicted vendor list.
25. ANTI-KICKBACK. The Grantee warrants that no person has been employed or
retained to solicit or secure this agreement upon an agreement or understanding for a
commission, percentage, brokerage or contingent fee, and that no employee or officer
of the County or TOe has any interest, financially or otherwise, in the said funded
project, except for general membership. For breach or violation of this warranty, the
Grantor shall have the right to annul this agreement without liability or, in its discretion,
to deduct from the agreement price or consideration, the full amount of such
commission, percentage, brokerage or contingent fee.
26. AUTHORITY. Grantee warrants that it is authorized by law to engage in the
performance of the activities encompassed by the project herein described. Each of the
signatories for the Grantee below certifies and warrants that the Grantee's name in this
agreement is the full name as designated in its corporate charter (if a corporation); they
are empowered to act and contract for the Grantee, and this agreement has been
approved by the Board of Directors of Grantee or other appropriate authority.
27. FULL UNDERSTANDING. This Agreement is the parties' final mutual
understanding. It replaces any earlier agreements or understandings, whether
written or oral. This Agreement cannot be modified or replaced except by another
written and signed agreement.
28.
This Agreement will take effect on
19th
May.
caused this Agreement to be
BOARD OF COUNTY COMMISSIONERS
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INDEX OF REPORTS
L BOX INVENTORY REPORT
2. FOLDER J:NVENTORY REPORT
3. DESTRUCIION NO'l'IFICATION REPORT
4. DELINQUENT nCORDS lUCPORT '
5. n .11r.'NT ACI'IVITY REPORT .
6. DELIVERY ncsJ!a" .
7. INT.DUM CT.mo" STORAGE REPORT .
L INT.DUM CHARGE TICKET REl*ORT/F.IA.IiJJ CHARGES ~.
9. INVENTORY BY CROSS RDERENCE
10.' BOXES CURRENTLY CHECKED OUT
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REPORTS
BOX INVENTORY REPORT
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P.o.BOX76U5
Interim Client Storage Report
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TAMPA, lL33675-11"
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6 X~ LBDOEllSIZEBOX l' 2.'7D . <t6.7!OG O.3OOCl 14.83
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TAMPA. IlL 3367'-11"
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EXHIBIT
SERVICE DESCRIPTION
Monthly Rent per cube:
Regular Storage
A/C Storage
Vault (climate and humidity controlled, secured)
Magnetic Media Storage:
Storage: Per Slot each
Per Cubic Ft.
Retrievals: Per Cartridge each
Per Case/Carton
Re-files: Per Cartridge each
Per Case/ Carton
Case Rental: Cartridge Transfer Cases
Box Purchase: File or Voucher Box (storage only)
Accession: Per Box
Data Indexing/Changes: Per Line
Computer Printout(s): Per Page
Master Report Minimum Charge
Retrieval/Reflle/Search :
Regular Retrievals
Rush Retrieval
Interfile: Per Piece
Delivery Service:
Same Day (Call by 10:30am; Recv. By 5:00pm)
Next Day (Call by 3:30pm; Recv. by 12:00pm)
Priority (Delivery within 90 minutes of call)
Prices will vary depending on distance,
Number of documents, and number of trips
(within 100 miles). Farther distances are
negotiated per instance. In some cases
may be waived.
Pickup of New Storage & Reflies: Per Box
Minimum Charge
***Permanent Removal: Per Box***
B
Retreivals Search
0.89
2.45
TAMPA
6.00
6.00
25.00
Page 1 of 3
RATES
$0.18
0.30
1.10
0.10
1.50
0.05
0.50
0.05
0.50
N/C
1.80
0.50
0.23
0.15
5.00
Refiles
0.89
0.89
0.89
BI-COUNTY
10.00
10.00
25.00
20.00 TO 70.00
0.49
6.00
N/C
Em. B
Destruction: Per Pound
Commercial Destruction
Commercial Shredding
0.05
0.10
Facsimile Delivery: Outgoing Per Page
0.89
After Hour Emergency Service: Per Instance
35.00
Research/Extra Handling/Projects: Labor / Per Hour
16.00
Initial Pick-up and Accessioning
N/C
Minimum Billing: Per month
25.00
OFFSITE DATA BACKUP ROTATION SERVICE AND REMOTE DATA BACKUP AND REPLICATION:
Onsite Backup - Per hour 45.00
Transportation Cost Tampa $6.00 Bi-County $10,00
****50 miles or over are negotiated on a per instance basis****
Remote Backup - 5 GIGS Per month 50.00
END USER:
Cold Site - Per month per square foot
Hot Site - Per month per square foot
4.00 to 6.00
12.00 to 14.00
IMAGING AND MICROGRAPHIC SERVICES:
IMAGING
DOCUMENT INDEXING / Per hour
PER PAGE SCAN - UP TO 11" X 17"
PER PAGE SCAN - O/SIZE UP TO "E" SZ MAP SID
PER EACH SCAN - AERIAL PHOTOS/MYLARS
18.00
0.07
1.50
20.00
MICROFILMING
PER IMAGE-ROLL FILM
PER IMAGE-MICROFICHE (105 MM)
PER IMAGE-16 MM FOR FICHE
PER IMAGE -35 MM FOR FICHE
PER IMAGE-35 MM FOR APERTURE CARD
0.020
0.030
0.021
0.020
0.020
JACKETS
PER JACKET-16 MM - MOUNTED & INDEXED
PER JACKET-35 MM - MOUNTED & INDEXED
PER APERTURE CARD-35 MM - MOUNTED & INDEXED
0.30
0.30
0.30
DIAZO DUPLlCA TE
PER ROLL -16 MM
PER ROLL - 35 MM
PER FICHE - JACKETED FICHE
PER APERTURE CARD - 35 MM
5.00
6.00
0.18
0.18
Page 2 of 3
EXH. B
FILM CONVERSION PRICES: (PER IMAGE)
16 MM/35MM FILM TO TIFF
MICROFICHE COM
MICROFICHE STEP
MICROFICHE JACKET
.02 to .05
.06 to .08
.07 to .09
.08 to .10
PAPER CONVERSION PRICES: (PER IMAGE)
SIMPLEX SCANNING (200dpi)
DUPLEX SCANNING (200dpi)
SIMPLEX SCANNING (300dpi)
DUPLEX SCANNING (300dpi)
.036 to .08
.035 to .08
.05 to .08
.04 to .09
INDEXING PRICES: (PER IMAGE)
INDEXING PRICES DEPENDS ON THE NUMBER
AND TYPE OF INDEXING REQUIRED
.01 to .18
PREPARA nON PRICES: (PER HOUR)
INCLUDES REMOVING STAPlES. STICKY NOTES,
PAPER CLIPS, ORGANIZING PAGES, MOUNTING
VERY THIN/SMALL NOTES AND RE-PREP
12.00 to 18.00
OCR TEXT SCANNING PRICES: (PER IMAGE)
IMAGE OVER TEXT OCR
FULL EDITABLE TEXT OCR
.20 to 1.80
.80 to 4.90
APERTURE CARD PRICING: (PER CARD)
RAPID INDEXING (HOLLERITH CODE)
SCANNED AND HAND INDEXED
.08 to .32
.23 to 1 .20
PALLET STORAGE - PER MONTH
15.00
Page 3 of 3
Resolution No.
193
- 2004
A RESOLUTION CONCERNING THE TRANSFER OF FUNDS
WHEREAS, it is necessary for the Board of County Commissioners of Monroe County,
Florida, to make budgeted transfers in the Monroe County Budget for the Fiscal Year
2004, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that there shall be transfers of amounts previously
set up in the Monroe County Budget for the Fiscal Year 2004 as, hereinafter set forth to
and from the following accounts:
Fund #001- General Fund
Ofcll Div #1000
From: 001-5900-85500-590990
Cost Center # 85500- Reserves 001
For the Amount: $37,500.00
To: 001-5190-00105-530340
Cost Center # 00105- Records Storage
Other Uses
Other Contractual
BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon
receipt of the above, is hereby authorized and directed to make the necessary changes of
said items, as set forth above.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 19th day of May AD 2004.
Mayor Nelson
Mayor Pro Tern Rice
Commissioner McCoy
Commissioner Neugent
Commissioner Spehar
yes
yes
YP9.
yes
yes
,...." -rj
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BOARD OF COUNTY COMMISSIONERS
OF M NROE COUNTY, FLORIDA
(~
By:
. .....
Records storage reso 5/10/2004 Page 1