FY1993 12/09/1992 Agreement
AGREEMENT
AGREENENT, made as of this q~day of j)(~el1lh(?~, 1992,
between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA, (the "County") and AIDS HELP, INC., ("Aids Help").
WHEREAS, the Board and Aids Help desire to enter into an
agreement wherein the Board contracts for services from Aids Help
in providing the medical, psychological, physical and social
needs of AIDS or AIDS-related persons and their families and to
mobilize other community resources to meet such needs for the
citizens of Monroe County, Florida, and
WHEREAS, such services have been provided by Aids Help in
the past and have been invaluable to the citizens of Monroe
County, and
WHEREAS, the Board recognizes the public purpose to be met
by an agreement for services to be rendered in fiscal year
1992-93; now, therefore,
IN CONSIDERATION of the promises made each to the other, the
Board and Aids Help agree as follows:
1. AMOUNT OF AGREEMENT. The Board, in consideration of
Aids Help satisfactorily performing the duties of the Board as to
rendering services to the citizens of Monroe County, Florida, in
matters of health and education in regard to the care of
AIDS or AIDS-related persons, shall pay to Aids Help the sum of
Thirty Five Thousand Dollars ($35,000) for fiscal year 1992-93.
2. TERM. This Agreement shall commence October 1, 1992,
and terminate September 30, 1993, unless earlier terminated
pursuant to other provisions herein.
3. PAYMENT. Payment will be paid monthly as hereinafter
set forth. On or before the 15th of each month, Aids Help shall
submit to the Board its request for reimbursement. Evidence of
payment shall be in the form of cancelled checks submitted by
Aids Help to the Board. After the Clerk of the Board examines
and approves the monthly request for reimbursement, the Board
shall reimburse Aids Help. However, the total of said monthly
payments in the aggregate sum shall not exceed the total amount
of Thirty Five Thousand Dollars ($35,000) during the term of this
contract.
4. SCOPE OF SERVICES. Aids Help, for the consideration
named, covenants and agrees with the Board to substantially and
satisfactorily perform and carry out the duties of the Board in
providing the medical, psychological, physical and social needs
of AIDS or AIDS-related persons and their families and shall
mobilize other community resources to meet such needs for the
citizens of Monroe County, Florida.
5. RECORDS. Aids Help shall maintain appropriate records
to insure a proper accounting of all funds and expenditures, and
shall provide a clear financial audit trail to allow for full
accountability of funds received from the Board. Access to these
records shall be provided during weekdays, 8 a.m. to 5 p.m., upon
request of the Board, the State of Florida, or authorized agents
and representatives of the Board or State.
2
/
Aids Help shall be responsible for repayment of any and all
audit exceptions which are identified by the Auditor General of
the State of Florida, the Clerk of Court for Monroe County, an
independent auditor, or their agents and representatives. In the
event of an audit exception, the current fiscal year contract
amount o~ subsequent fiscal year contract amounts shall be offset
by the amount of the audit exception. In the event this
agreement is not renewed or continued in subsequent years through
new or amended contracts, Aids Help shall be billed by the Board
for the amount of the audit exception and Aids Help shall
promptly repay any audit exception.
6. INDEMNIFICATION AND HOLD HARMLESS. Aids Help covenants
and agrees to indemnify and hold harmless Monroe County Board of
County Commissioners from any and all claims for bodily injury
(including death) , personal injury, and property damage
(including property owned by Monroe County) and any other losses,
damages, and expenses (including attorney's fees) which arise out
of, in connection with, or by reason of services rendered under
this agreement by Aids Help or any of its agents, employees,
officers, subcontractors, in any tier, occasioned by the
negligence or other wrongful act or omission of Aids Help or its
subcontractors in any tier, their employees or agents. In the
event the completion of services is delayed or suspended as a
result of Aids Help's failure to purchase or maintain required
insurance, Aids Help shall indemnify the Board from any and all
increased expenses resulting from such delay. The first Ten
Dollars ($10.00) of remuneration paid to Aids Help is for the
3
indemnification provided above. The extent of liability is in no
way limited to, reduced, or lessened by the insurance require-
ments contained elsewhere within this agreement.
7. INDEPENDENT CONTRACTOR. At all times and for all
purposes hereunder, Aids Help is an independent contractor and
not an employee of the Board. No statement contained in this
agreement shall be construed so as to find Aids Help or any of
its employees, contractors, servants or agents to be employees of
the Board.
8. COMPLIANCE WITH LAW. In providing all services
pursuant to this agreement, Aids Help shall abide by all
statutes, ordinances, rules and regulations pertaining to or
regulating the provisions of, such services, including those now
in effect and hereinafter adopted. Any violation of said
statutes, ordinances, rules or regulations shall constitute a
material breach of this agreement and shall entitle the Board to
terminate this contract immediately upon delivery of written
notice of termination to Aids Help.
9. PROFESSIONAL RESPONSIBILITY AND LICENSING. Aids Help
shall assure that all professionals have current and appropriate
professional licenses and professional liability insurance
coverage. Funding by the Board is contingent upon retention of
appropriate local, state and/or federal certification and/or
licensure of Aids Help's program and staff.
10. INSURANCE. Aids Help shall obtain, prior to the
commencement of work governed by this agreement, at Aids Help's own
expense, that insurance specified in the insurance requirement
4
forms for worker's compensation, general liability, vehicle
liability and profess;i.onal liability, which forms are attached
hereto and incorporated herein by reference. Aids Help will also
insure that all subcontractors, in any tier, have obtained the
insurance as specified in the attached schedules. Aids Help will
not be reimbursed for any work commenced prior to coverage with
required insurance. Aids Help will not be reimbursed for any
services governed by this contract until satisfactory evidence of
the required insurance has been furnished to the Board via either
Monroe County's certificate of insurance or a certified copy of
the actual insurance policy. Delays in the commencement of work,
resulting from the failure of Aids Help to provide satisfactory
evidence of the required insurance, shall not extend deadlines
specified in this agreement. Aids Help and any subcontractors
shall maintain the required insurance throughout the entire term
of this agreement. Failure to comply with this provision may
result in the immediate termination of reimbursement.
The Board, at its sole option, has the right to request a
certified copy of any or all insurance policies required by this
agreement. If a certificate of insurance is provided, the
County-prepared form must be used. "Accord Forms" are not
acceptable.
All insurance policies must specify that they are not
subject to cancellation, non-renewal, material change, or
reduction in coverage unless a minimum of forty-five (45) days V'
prior notification is given to the Board by the insurer. The
standard language of "endeavor to provide notification" is
5
insufficient. The acceptance and/or approval of Aids Help's and
subcontractor's insurance shall not be construed as relieving
Aids Help or subcontractor from any liability or obligation
assumed under this agreement or imposed by law.
Monroe County, Monroe County Board of County Commissioners,
its employees and officials shall be included as "additional j
insureds" on all policies, except for worker's compensation.
Any deviations from these general insurance requirements
must be requested in writing on the County-prepared form entitled
"Request for Waiver or Modification of Insurance Requirements"
and approved by Monroe County's Risk Manager.
11. MODIFICATIONS AND AMENDMENTS.
Any and all modifica-
tions of the services and/or reimbursement of services shall be
amended by an agreement amendment, which must be approved in
writing by the Board.
12. NO ASSIGNMENT.
Aids Help shall not assign this
agreement except in writing and with the prior written approval
of the Board, which approval shall be subject to such conditions
and provisions as the Board may deem necessary. This agreement
shall be incorporated by reference into any assignment and any
assignee shall comply with all of the provisions herein. Unless
expressly provided for therein, such approval shall in no manner
or event be deemed to impose any obligation upon the Board in
addition to the total agreed upon reimbursement amount for the
services of Aids Help.
13. NON-DISCRIMINATION. Aids Help shall not discriminate
against any person on the basis of race, creed, color, national
6
origin, sex or sexual orientation, age, physical handicap, or any
other characteristic or aspect which is not job-related in its
recrui ting, hiring, promoting, terminating or any other area
affecting employment under this agreement. At all times, Aids
Help shall comply with all applicable laws and regulations with
regard to employing the most qualified person(s) for positions
under this agreement. Aids Help shall not discriminate against
any person on the basis of race, creed, color, national origin,
sex or sexual orientation, age, physical handicap, financial
status or any other characteristic or aspect in its providing of
services.
14. AUTHORIZED SIGNATORY.
The signatory for Aids Help,
below, certifies and warrants that:
(a) Aids Help's name in this agreement is the full name as
designated in its corporate charter, if a corporation, or the
full name under which Aids Help is authorized to do business in
the State of Florida;
(b) He or she is empowered to act and contract for Aids
Help; and
(c) This agreement has been approved by the Board of
Directors of Aids Help, if Aids Help is a corporation.
15. NOTICE. Any notice required or permitted under this
agreement shall be in writing and hand-delivered or mailed,
postage pre-paid, by certified mail, return receipt requested, to
the other party as follows:
For Board:
Monroe County Attorney
310 Fleming St., Rm. 29
Key West, Florida 33040
7
For Aids Help:
Aids Help, Inc.
P.O. Box 4374
Key West, Florida 33040
16. CONSENT TO JURISDICTION. This agreement shall be
construed by and governed under the laws of the State of Florida
and venue for any action arising under this agreement shall be in
Monroe County, Florida.
17. NON-WAIVER. Any waiver of any breach of covenants
herein contained to be kept and performed by Aids Help shall not
be deemed or considered as a continuing waiver and shall not
operate to bar or prevent the Board from declaring a forfeiture
for any succeeding breach, either of the same conditions or
covenants or otherwise.
18. AVAILABILITY OF FUNDS. If funds cannot be obtained or
cannot be continued at a level sufficient to allow for continued
reimbursement of expenditures for services specified herein, this
agreement may be terminated innnediately at the option of the
Board by written notice of termination delivered to Aids Help.
The Board shall not be obligated to pay for any services or goods
provided by Aids Help after Aids Help has received written notice
of termination, unless otherwise required by law.
19. PURCHASE OF PROPERTY. All property, whether real or
personal, purchased with funds provided under this agreement,
shall become the property of Monroe County and shall be accounted
for pursuant to statutory requirements.
20. ENTIRE AGREEMENT. This agreement constitutes the
entire agreement of the parties hereto with respect to the
subject matter hereof and supersedes any and all prior agreements
with respect to such subj ect matter between Aids Help and the
Board.
8
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed as of the day and year first written
above.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
By ~~'C~~
(SEAL)
ATTEST:~
By
ecretary
AIDS HELP, INC.
By
d /J
<!Md- Iter--
Pres en
8.1
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WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the
Contractor shall obtain Workers' Compensation Insurance with
limits sufficient to respond to the applicable state's statutes.
In addition, the Contractor shall obtain Employers' Liability
Insurance with limits of not less than:
$200,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, each employee
$500,000 Bodily Injury by Disease, policy limits
Coverage shall be maintained throughout the entire term of the
contract.
c
Coverage shall be provided by a company or companies authorized
to transact business in the state of Florida and the company or
companies must maintain a minimum rating of A-VI, as assigned by
the A.M. Best Company.
If the Contractor has been approved by the Florida's Department
of Labor, as an authorized self-insurer, the County shall
recognize and honor the Contractor's status. The Contractor
shall be required to submit a Letter of Authorization issued by
the Department of Labor and a Certificate of Insurance, providing
details on the Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a
Certificate of Insurance will be required. In addition, the
Contractor will be required to submit updated financial
statements from the fund upon request from the County.
~
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GENERAL LIABILITY
INSURANCE REQUIREMENTS
.~OP
CONTRACT \
--.,'
BETWEEN
MONROE COUNTY, FLORIDA
A.Nn
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:
(
o Premises Operations
o Products and Completed operations
o Blanket Contractual Liability
o Personal Injury Liability
o E:rpanded Definition of Property Damage
o Medical Payments
The minimum limits acceptable shall be:
$500,000 Combined Single Limit (CSL)
$ 5,000 Medical Payments
If split limits are provided, the minimum limits acceptable shall
be:
$250,000 per Person
$500,000 per Occurrence
$ 50,000 Property Damage
$ 5,000 Medical Payments
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.
Monroe County and Monroe County's Board of County Commissioners
shall be named as Additional Insureds on all policies issued to
satisfy the above requirements.
,
GL2 .
(
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the
Contractor shall obtain Vehicle Liability Insurance. Coverage
shall be maintained throughout the life of the contract and
include, as a minimum, liability coverage for:
o Owned, Non-Owned, and Hired Vehicles
o Medical Payments
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
$ 5,000 Medical Payments
(
If split limits are provided, the minimum limits acceptable shall
be:
$100,000 per Person
$300,000 per Occurrence
$ 50,000 Property Damage
$ 5,000 Medical Payments
Monroe County and Monroe County's Board of County Commissioners
shall be named as Additional Insureds on all policies issued to
satisfy the above requirements.
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VL2 .
(-
PROFESSIONAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract involves the
furnishing of advice or services of a professional nature, the
contractor shall purchase and maintain, throughout the life of
the contract, Professional Liability Insurance which will respond
to damages resulting from any claim arising out of the
performance of professional services or any error or omission of
the contractor arising out of work governed by this contract.
The minimum limits of liability shall be:
$500,000 per Occurrence
(
PR02'
(
MEDICAL PROFESSIONAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract involves the
providing of professional medical treatment, the contractor shall
purchase and maintain, throughout the life of the contract,
professional liability insurance which will respond to the
rendering of, or failure to render medical professional services
under this contract.
The minimum limits of liability shall be:
$1,000,000 per Occurrence
If coverage is provided on a claims made basis, an extended
claims reporting period of four (4) years will be required.
(
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MED2'
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 2/9/93
Division: Management Services
Bulk Item: Yes X No
Department: Human Resources/
Risk Management
AGENDA ITEM WORDING: Approval to waive requirements and delete the form
PR02 from the contract agreement by and between Monroe County and Aids
Help, Inc.
ITEM BACKGROUND: Subsequent to BOCC approval, Aids Help was able to demon-
strate 'to Monroe County Risk Management that they were unable to procure
said coverage after repeated attempts (forms and letters attached)
PREVIOUS RELEVANT BOCC ACTION:
Board authorized contract execution December 9, 1992.
STAFF RECOMMENDATION: Approval
TOTAL COST:
N/A
Budgeted: Yes
No
COST TO COUNTY: N/A
APPROVED BY: County Atty X OMB/Purchasing N/A Risk Management YES
DIVISION DIRECTOR APPROVAL:
~~~
(Signature)
DOCUMENTATION: Included:
To Follow: X
Not Required:
Agenda Item *____
DISPOSITION:
MONROE COUNTY, FLORIDA
Request For Waiver Or Modification
of
Insurance Requirements
"I
as specified in
be waived or
It is requested that the insurance requirements,
the County's Schedule of Insurance Raquirements,
modified on the following contract.
AIDS Help, Inc.
Contractor:
Address:
Phone:
Scope of
Work
Reason for
Waiver
P.O. Box 4374
Key West, FL 33041
296-6196
AIDS Help provides financial and referral assistance
to Monroe County citizens afflicted with HIV spectrum
illnesses. This assistance includes, but is not limited
to medical, dental, and psychosocial care; shelter and
T('\('\n npPcll=:
Professional Liabili tv. Insurance. Our current
insurance carrier declined our request to add this
C"'nvpr;:lCfp fon nl1r ['('\1 iC"'y Wli' are lie,.k:iRg il.ltQrRsti~:e
coverage with a different insurance company, but
as yet have not secured the coverage.
Is Vendor
Sole
Supplier? Yes
Purchasing
Agent
Approved
Risk Manager's
Signature
Date:
,xx ~___
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Not Apprc 'lad
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WAIVER I
MONROE COUNTY, FLORIDA
Request For Waiver Or Modification
of
Insurance Requirements
~
It is requested that the insurance r~quirements, as specified in
the County's Schedule of Insurance Requirements, be waived or
modified on the following contract.
NO_._._ ,_
~~\J
X
Risk Manager's ~ ~
Signature ~ if<) \...1 .j/\ ~
Date: / l?-'i q3 r./ (J
Contractor:
Address:
Phone:
Scope of
Work
Reason for
Waiver
Is Vendor
. Sole
Supplier?
Purchasing
Agent
Approved
AIDS Help, Inc.
P.O. Box 4174
Key West, FL 33041
296-6196
AIDS Help provides financial and referral assistance
to Monroe County citizens afflicted with HIV spectrum
illnesses. . Thi sassi st.ance includes, but j R not 1; mi ted
to, medical, dental, and psychosocial care; shelter and
food neee.
45-day notice of cancellation. Our current insurance
carriers denied our request for this provision.
xx
Yes
Not Ar,prc'.rad
\
WAIVER i
. The Porter Allen Company
513 Southard Street
Key West, FL 33040
(305) 294-2542
~
JANUARY 28~ 1993
MONROE COUNTY
RISK MANAGEMENT & LOSS CONTROL
DONNA PEREZ, ARM OR
KAY BAHLEDA
PUBLIC SERVICE BUILDING
5100 JUNIOR COLLEGE ROAD
KEY WEST, FLORIDA 33040
RE: AID'S HELP, INC.
INSURANCE COVERAGE AND
COUNTY CONTRACT
INITIAL
DEAR DONNA AND KAY:
WE HAVE ADDED MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AS AN
ADDITIONAL INSURED TO AID'S HELP, INC. GENERAL LIABILITY
COVERAGE.
WE HAVE NOT BEEN ABLE TO SECURE PROFESSIONAL LIABILITY COVERAGE
-
AT THIS TIME. WE ARE WORKING ON IT. WE DO NOT KNOW THE COST
YET. THIS COVERAGE MAY BE UNAFFORDABLE.
WE HAVE ISSUED A CERTIFICATE OF INSURANCE ON THE WORKER'S
COMPENSATION AND GENERAL LIABILITY COVERAGE WITH MONROE COUNTY AS
CERTIFICATE HOLDER.
CIGNA, THE INSURANCE CARRIER ON THE GENERAL LIABILITY, WILL WI
PERMIT US TO INSERT A "45 DAY" NOTICE OF CANCELLATION ON THE
CERTIFICATE OF INSURANCE.
.~ .- ,""....-.,.~-"
FM/SP
Agents for CIGNA Proporty and Casualty Companies
HH IH20a
THE
513
KEY
CERTIFICATE OF INSURANCE ;SUE1D;;~~7;~YY)
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
POLICIES BELOW,
A.~.tltlt..
PRODUCER
PORTER ALLEN COMPANY
SOUTHARD STREET
WEST, FLORIDA 33040
f~T~~~NY A
COMPANIES AFFORDING COVERAGE
CIGNA INSURANCE ~ /
h' \Y ~ ,r,}l
G\ I~Y
f\\ ~,\. \ I) f,q:)J
UV\j \1 \ ~) V
INSURED
f~T~~~NY B
AIDS HELP, INC.
PO BOX 4374
KEY WEST, FLORIDA
f~~~NY C
33040
f~T~~~NY D
f~T~~NY E
COVERAGES
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,
CO
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE POLICY EXPIRATION
DATE (MM/DD/YY) DATE (MM/DDIYY)
LIMITS
GENERAL LIABILITY
A X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE X OCCUR, D 1 78 04 97 2
OWNER'S & CONTRACTOR'S PROTo
03/21/92
03/21/93
GENERAL AGGREGATE $ 300,000.
PRODUCTS.COMP/OP AGG, $ 300,000.
PERSONAL & ADV, INJURY $ 300,000.
EACH OCCURRENCE $ 300,000.
FIRE DAMAGE (Anyone fire) $ 50,000.
MED, EXPENSE (Anyone person) $
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
X HIRED AUTOS
X NON-OWNED AUTOS
GARAGE LIABILITY
AND
COMBINED SINGLE $300,000.
LIMIT
BODIL Y INJURY $
(Per person)
BODILY INJURY $
(Per accident)
PROPERTY DAMAGE $
EACH OCCURRENCE $
AGGREGATE $
STATUTORY LIMITS
EACH ACCIDENT $
DISEASE-POLICY LIMIT $
DISEASE-EACH EMPLOYEE $
D1 78 04 97 2
EXCESS LIABILITY
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
WORKER'S COMPENSATION
EMPLOYERS' LIABILITY
OTHER
INITIAL
v
DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/SPECIAL ITEMS
CERTlFtCATEHOt.OER
MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
5100 COLLEGE ROAD
KEY WEST, FLORIDA 33040
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL ,J1Jl. GAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, BUT FAILURE MAIL ,tI NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY: P .' OMPANY, ITS AGENTS OR REPRESENTATIVES,
ACOFID 25~S (7/90)
@ACORD CORPORATION 1990