HomeMy WebLinkAboutR-2002-168 RESOLUTION NO. 2002-168
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A
LICENSE AGREEMENT WITH THE AMERICAN SOCIETY OF
COMPOSERS, AUTHORS AND PUBLISHERS ("ASCAP"); PROVIDING
FOR A LICENSE TO BE ISSUED TO THE CITY TO UTILIZE CERTAIN
COPYRIGHTED MUSIC; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Dania Beach received a model "License Agreement"
with the American Society of Composers, Authors and Publishers ("ASCAP") through
a mass mailing sent to a number of American cities; and
WHEREAS, the License Agreement was negotiated by ASCAP and the
International Municipal Lawyers Association ("IMLA"); and
WHEREAS, the License Agreement provides a license to the City to use
music in ASCAP's repertory of over nine million titles without violating copyright law;
and
WHEREAS, it is the desire of the City Commission to approve and enter into
the License Agreement with ASCAP;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the City Commission of the City of Dania Beach, Florida,
approves the License Agreement with ASCAP to utilize certain copyrighted music, a
copy of which is attached as Exhibit "A" to this Resolution.
Section 2. That the proper City Officials are directed to execute the License
Agreement and the City Manager and City Attorney are authorized to make minor
revisions to such Agreement as are deemed necessary and proper and in the best
interest of the City.
Section 3. That all resolutions or parts of resolutions in conflict with this
resolution are repealed to the extent of such conflict.
1 RESOLUTION NO.2002-168
• Section 4. That this resolution shall be in force and take effect immediately upon
its passage and adoption.
PASSED AND ADOPTED this 24t" day of September, 2002.
ATTEST: �kl
ROBE H. CHUNN, JR.
MAYOR — COMMISSIONER
C14ARLENE JOICNSON
CITY CLERK
ROLL CALL:
COMMISSIONER BERTINO - YES
COMMISSIONER MCELYEA - YES
COMMISSIONER MIKES - ABSENT
VICE-MAYOR FLURY - YES
MAYOR CHUNN - YES
APPROVED JT FORM AND CORRECTNESS:
BY: 'IT`V '
THOM#S JU A SBRO
CITY ATTORNEY
2 RESOLUTION NO.2002-168
AS CAP
November 8, 2002
Mr. Thomas Ansbro
City Of Dania Beach
City Of Dania Beach
100 W Dania Beach Blvd
Dania Beach FL 33004
Dear Mr. Ansbro:
This will acknowledge, with thanks, receipt of your signed license agreement. An executed copy of the
license agreement is enclosed for your records.
The ASCAP license agreerrient allows you to provide legally to your patrons America's best music, and
we are certain it will,contribute to the success of your business.
Thank you for your cooperation in this matter, and if we can be of assistance, please contact us.
Sincerely, }�
Kevin Garrelts
AKM
Enclosures: License Agreement
Certificate
AC--*'n: 25 09-017901_8
AMERICAN SOCIETY OF COMPOSERS.AUTHORS&PUBLISHERS
2690 Cumberland Parkway.Suite 490. .Atlanta.GA 30339
(770)805-3400 Fay:(770)805-3468
07429/2002 13:51 7704670402 JANE:WINGO PAGE 03
2' ,Qq�d�79oi-8
LICENSE AGREEMENT- LOCAL GOVERNMENTAL ENTITIES
�ov A r e m n t between American Society of Composers,Authors and Publishers
("SOCIETY"),located at
2690 Cumberland Parkway,Suite 490
.Atlanta, GA 30339-3913
and City Of Dania Beach
("LICENSEE"),located at 100 W Dania Beach Blvd,Dania Beach,FL 33004
as follows;
L -_..-:::;Grant.and-Term of License
(a) ASCAP grants and LICENSEE accepts a license to perform publicly on the"Premises"and at"Events"
and"Functions,"and not elsewhere or otherwise,tton-dramatic renditions of the separate musical compositions in
the"ASCAP repertory." The perfornnanoes licensed under this Agreement may be by means of"Live
Entertaintnem"or"Mechanical Music". For purposes of this Agreement,
(1) M."LICENSEE'.'shall include the named entity and any of its constituent bodies,departments,
agencies or leagues.
(ii) "Mechanical Music"means music which is performed at the Premises by means other than by
live musicians who are performing at the Premises,including,but not limited to(A)compact disc,audio
record or audio tape players(but not including"jukeboxes"), (B)videotape,videodisc or DVD players; (C)
the,reoeption and communication at the premises of radio or television transmissions which originate
outside the Premises;and which are not exempt under the Copyright Law;or(D)a music-on-hold
telephone system operated by LICENSEE at the Premises.
(iii) "Live Entertainment"means music that is performed at the Premises by musicians,singers or
other perforiners.
(iv) premises"means buildings,hospitals,airports,zoos,museums,athletic facilities,and
recreational facilities,including,but not limited to,community centers,parka,swimming pools,and
skating rinks owned or operated by LICENSEE and any site which has been engaged by LICENSEE for
use by LICENSEE.
(v) "ASCAP repertory"means all copyrighted musical compositions written or published by ASCAP
members or members of affiliated foreign performing rights societies,including compositions written or
published during the term of this Agreement and of which ASCAP has the right to license non-dramatic
public performances.
(vi) "Events"and"Functions"means am activity conducted,sponsored,or presented by or under the
auspices of LICENSEE. Except as set forth in paragraph 2.(d)below,"Events"and"Functions"shalt
include,but are not limited to,aerobics and exercise classes,athletic events, dances and other social
events,concerts,festivals,arts and crafts fairs,and parades held under the auspices of or sponsored or
promoted by LICENSEE on the Premises.
(vii) "Special Events"means musical events,concerts,shows,pageants,sporting events,festivals,
competitions,and other events of limited duration presented by LICENSEE for which the"Gross
Revenue"of such Special Event exceeds$25,000(as defined in paragraph 4_(d)below).
(b) This Agreement shall be for an initial term of one year,commencing 06/0112002,which shall be
oonsidered the effective date of this Agreement,and continuing thereafter for additional terms of one year each.
Either party may give notice of termination to the other no later than thirty(30)days prior to the end of the initial
or any renewal term. If such notice is given,the agreement shall terminate on the last day of the term in which
notice is given.
•
07/29/2002 13:51 7704670402 JANE:WINGO PAGE 04
2. Limitations On License
(a) This license is not assignable or transferable by operation of law or otherwise. This license does not
aufrize LICENSEE to Brant to others any right to perform publicly in any manner any of the musical
compositions licensed under this agreement,nor does it authorize any public performances at any of the Premises
in any manner except as expressly herein provided.
(b) This license does not authorize(i)the broadcasting,telecasting or transmission or retransmission by wire,
Internet,website or otherwise,of renditions of musical compositions in ASCAP's repertory to persons outside of
the Premises,other than by means of a music-on-hold telephone system operated by LICENSEE at the Premises;
and(ii)performances by means of background music(such as Muzak)or other services delivered to the Premises.
Nothing in this paragraph shall be deemed to limit LICENSEE's right to transmit renditions of musical
compositions in the ASCAP repertory to those who attend Events or Functions on the Premises by means of
teleconferencing,videoconferencing or similar technology.
(c) 71ds license is limited to non-dramatic performances,and does not authorize any dramatic performances,
For purposes of this agreement,a dramatic performance shall Include,but not be limited to,the following:
(i) performance of a"4randatico-musical work"(as hereinafter defined)in its entirety,
(ii) performanx of one or more musical compositions from a"dramatic*-musical work(as
hereinafter defined)accompanied by dialogue,pantomime,dance,stage action,or visual representation of
the work from which the music is taken;
(iii). performance of one-or-more.musical,compositions as part of a story or plot,whether accompanied
or unaccompanied by dialogue,pantomime,dance,stage action,or visual representation-,
(iv) performance of a concert version of a"dramatico-musical work"(as hereinafter defined).
The terni"dramatico-musical work"as used in this Agreement,shall include,but not be limited to,a musical
comedy,opera,play with music,revue,or ballet.
(d) This license does not authorize performances:
(i) at any convention,exposition,trade show,conference,congress,industrial show or similar
activity presented by LICENSEE or on the Premises unless it is presented or sponsored solely by and
under the auspices of LICENSEE,is presented emirely on LICENSEE'S Premises,and is not open to the
general public;
00 by or at colleges and universities;
(III) at any professional sports event or game played on the Premises;
(iv) at any permanently situated theme or amusement park owned or operated.by LICENSEE;
(v) by any symphony or community orchestra;
(vi) by means of a coin operated phonorecord player(jukebox)for which a license is otherwise
available from the Jukebox License Office.
3. Licem Fee
(a) In consideration of the license granted herein,LICENSEE agrees to pay ASCAP a license fee which
includes the total of the"Base License Fee"and any applicable"Special Events License Fees",all of which shall be
calculated in accordance with the Irate Schedule attached to and made part of this Agreement_ For purposes of this
AgreemM
(i) "Base License Fee'means the annual fee due in accordance with Schedule A of the Rau
Schedule and based on LICENSEE's population as established in the most recent published U.S. Census
data. It does not include any fees due for Special Events.
(ii) "Special Events License Fees"mean the amount due in accordance with Schedule B of the Rate
Schedule when Special Events are presented by or on behalf of LICENSEE. It does not include any
Base License Fees due.
(iii) LICENSEES who are legally organized as state municipal and/or county leagues or state
associations of municipal and/or county attorneys shall be required to pay only the fee under Schedule C
of the Irate Schedule. Such leagues or associations are not subject to Schedule A or Schedule B of the
Rate Schedule. Fees paid by such leagues or associations do not cover performances of#ie
municipality,county or other local government entity represented by the league or association.
Schedule C fees are not applicable to municipal,county or other local government entities.
(b) Unless otherwise limited by law,LICENSEE shall pay a finance charge of 1.5%per month from the due
date,or the maximum amount permitted by law,whichever is less,on any required payment that it is not made
within thirty days of its due date.
07/29/2002 13:51 7704670402 JANt:WINGO PAGE 05
4. Reports and Payments
(a) Upon the execution of this Agreement,LICENSEE shall submit;
(i) a report stating LICENSEE's population based on the most recent published U.S. Census data.
ece
The population set forth in the report shall be used to calculate the Base License Fee under this
Agreement;and(ii)a report containing the information set forth in paragraph 4.(d)below for all Special
Events that were presented between the effective date of this Agreement and the execution of this
Agreement.
(b) The Base License Fee for the first year of this Agreement and any license fees due for Special Events
that were presented between the effective date of Ws Agreemcnt and the execution of this agreement shall be
payable upon the execution of this Agreement.
(c) Base License Pees for subsequent years shall be due and payable within 30 days of the renewal date of
this Agreement and shall be accompanied by a statement confirming whether any Special Events were presented
during the previous calendar year.
(d) Ninety days after the conclusion of each Special Event,LICENSEE shall submit to ASCAP payment for
such Special Event and a report in printed or computer readable form stating:
(i) the daft p tad�
the name of the attractions)appearing;
the"Gross Revenue"of the event."Gross Revenue"means all monies received by LICENSEE or
on LICENSEE'S behalf from the sale of tickets for each Special Event. If there are no ironies from the
sale of tickets,"Cross Revenue"shall mean contributions hom sponsors or other payments received b_v
LICENSEE for each Special Event;
(iv) the license fee due for each Spacial Event.
(e) If LICENSEE presents,sponsors or promotes a Special Event that is reportable under Rate Schedule B
with another person or entity licensed under an ASCAP License Agreement,LICENSEE shall indicate the name,
address,phone number and ASCAP account number of the other persons)or entity(ies)and the party responsible
for payment for such Special Event. If the other party is not licensed by ASCAP,LICENSEE shall pay the license
fee due hereunder,notwithstanding any agreement to the contrary between LICENSEE and the other party.
(f) LICENSEE agrees to furnish to ASCAP,where available, copies of all programs of musical works
performed,which are prepared for distribution to the audience or for the use or information of LICENSEE or any
department thereof. The programs shall include all encores to the extent possible. LICENSEE shall be under no
obligation to furnish programs when they have not been otherwise prepared-
(S) ASCAP shall have the right to examine LICENSEE'S books and records at LICENSEE's place of business
dw=g rtorrttal business hours to such extent as may b c necessary to verify the reports required by paragraph 4-(d)
above. ASCAP shall have the right to adjust LICENSEE's Base License Fee based upon the most recently
available revised population figures and Population Estimates Program provided by the U.S.Census Department.
S. RKeach or Default
Upon any breach or default by LICENSEE of any term or condition herein contained,ASCAP may terminate this
license by giving LICENSEE thirty days notice to can such breach or default,and in the event that such breach or
default has not been cured within said thirty days,this license shall terminate on the expiration of such thirty-day
period without further notice from,ASCAP. In the event of such ternunmion,ASCAP shall refund on a pro-rata
basis to LICENSEE any unearned license fees paid in advance.
6. bterftrenee in Operations
ASCAP shall have the right to terminate this license upon thirty days written notice if there is any major
interference with,or substantial increase in the cost of,ASCAP's operations as the result of am law in the state,
territory,dependency,possession or political subdivision in which LICENSEE is located which is applicable to the
licensing of performing rights. Irk the evem of such termination. ASCAP shall refund to LICENSEE on a pro-rasa
basis any unearned license fees paid in advance.
07/29/2002 13:51 7704670402 JANE:WD GO PAGE 06
7. Non-DisctimisaRiwt
_ LICENSEE recognizes that ASCAP must liomw all similarly situated users on a non4sar mnatnty bog.
LICENSEE apm that any madifications to this ASWmcnt by ASCAP,which are rcquired by local, state or
federal law for other municipalities,counties and other gwaianmud entities shall not constitute cbmimiuxbon
between similarly situated users. Examples of such moddications we statements of equal employment opportunity
or not1discdMiupton on the basis of tam crwa color,sax or national origin.
8. Notices
ASCAP or LICENSEE ruay give any rr*oe mgrired by this Agreement by wading it by certified United Stater;
Mail,by 9Cncr4'rxogtuzod satne-day or overnisM dclivcwy scrrioc o t by electronic trsnmrission(i.e.,Mailgram,
facsimito or similar trsnsuttaslon.)to rho appropriate person/olRoe as hood het+ n. Each patty agrees to notify the
other of any change in contact inorrnation,such as change of address.change of person/oifice respotWbte,etc.
within 30 days of such change.
IN WITNESS WIE;REOE, this Agizenuut bas bmu duly executed by SOC= and
LICENSEE,
this aay or zo
NOV 0 4 2002
AMI RICAN SOCz TY OF COMPOSERS, aawh
AUTHORS AND KMLISHERS r8
By
c
ROB H. C MHUNN, JR.
13Y
® (All m cwac*y in.Atlia6 sipud.
(a)lfvaraa rtaRe hdd; (b) tf
partr�er�i�,write word ai�dws of ai�nin¢
PW—. (c) lvdrv' ownw.
undue ' )
PATO
Title CITY MANAGBR
By
THWAS)AN5BRO,
Title , , ATT
ATTEST:
C UU;T ]E JOIHNSON
CITY CLERK ��
07/29/2002 13:51 7704670402 JANE:WINGO PAGE 08
Account No.:
2001-2002
ASCAP REPORT FORM
FOR LOCAL GOVERNMENTAL EINMIES
L +sea: Repots Coraplaw By:
Title: Date CompldW, Email A40rm:
Telephone No.: Fax No.; Web Site AAdrm.,
CER7 inc—ATE: I hereby oatify that the data repmted blow is true amd correct u cf this day of
SCHEDULE A-BASE LICENSE FEE(Due Won mmendon of Agreemarr and%*kia 30 days of rhr Agreement's renewal dare)
REPORT XEAR: _. — POPLILA77ON: BASE LICENSE FEE: S
Y (Per CU"V oe U.S.Cet$W D*ta) (Please refer tO Rase Sdredule)
DULE B-SPECIAL EVENTS"(Rqwi and pm m w Aw 90 days q to the CommcGuron of Cash spa , event
EVENT PE UORMER('S)OR GROSS REVEME414 % IS A PKOGRAM IF THE EVENT'IS CO-SPONSORED
DATE GROVm) OFEVzr4T AMUEU EVENT OFARMCAL.
(mmilln n 4PPEARM0 (MM EXCEED TO GROSS FF.F.. WORKS Plaw idca*dic C:aepaww natrm,
IfNim demo 1 szs stash REVEMM ATTACHED addroar phone nm*er and
I•vem Per Dry. ASCAP account aocaimr
per•PAPvrt a Xa or No
Entries
salsa:
Address:
x .01 S
Pkaw No.:
Amount No.:
Name:
AAdms:
X �� S
FU=w No.:
Aecovat No.:
Name;
x .Ol S
P4ame No.:
Aocooiet No.:
Addma: -----.—
x Ol $
Fkaw No.:
Aocomt No.:
•"5peelai Evart"means musical events,omoats,rhays,Pageants,sporting warts,fLcKivals,competrtims,and other everts of limited dwatim preaentod
by LICENSEE forwbddtthe"Grose Revalue"of such special Evan a mxk S25,0W.
'a•"Grose Revaroc"numm all n mim received by LICENSEE or on I,ICFNSFF,'S behalf from the sale of tickda for each Spedal Evart. Ifthere are no menial
from the sale oftidcets,"Gross Revcnuc"shall mum ountributiana from Vm wm or other payments received by LICENSE for each Special Evart.
"Mp m^ c "Ta""MITI"' AM/OR COUNTY LEAGUES OR STATR ASS00.ATIONS OF ATTORNEYS
REPORT YEAR: ANNUAL uCENSE FEE: $250.00 (Due w Min 30 Am of renewal dare
fore!Ft lie rted From Any or All of Schedules A B or Q S
ASCAP,2690 Gbmterl 3 800.505.4052 770.805.3475
Enttlll:nwinicipaLikenslng@atcaP.com
0
Policy - Local Governmental Entities
City Of Dania Beach City Of Dania Beach
Premise Address: 100 W Dania Beach Blvd Mailing Address: 100 W Dania Beach Blvd
City,State Zip: Dania Beach, FL 33004 City,State Zip: Dania Beach, FL 33004
Phone: W-763-4242 Fax:
iiMain Contact: Mr.Thomas Ansbro Account Num:
Role: Attorney ALM: Fernando Pestana
Phone: 954-763-4242 TLM: Jane Wingo
Identified By: ALM District:
Status: New Prospect Factors Values
Rate Start Date: 06/01/2002
Rate End Date:
Charge Freq: Annual
Seasonal Start:
Seasonal End:
Exception: Yes
Total Rate: $250.00
Billing Information ii
® Year Rate
Site Information
Audio AudioNisual
Number Speakers: Number of Units:
Type of Speakers: Size of each Unit:
Square footage: Size of Screen:
Receiver Location: Projection:
Wiring: Self-contained spr:aker?
Paging Capability? Extension speaker?
VCR present?
Type of programming:
Comments:
City Attorney: Thomas Ansbro
Population: Over 21,000 people
Re
ver uo a -MFJ International
07/29/2002 13:51 7704670402 JANE:WINGO PAGE 07
ASCAP
20012002 RATE SCHEDULE
FOR LOCAL GOVERNMENTS
• SCHEDULE A Base License Fee
BASE
POPULATION LICENSE FEE
1 - 50,000 S 250
50,001 - 75,000 . . . . . .. . . . 500
75,001 - 100,000 . . . . . . . . . . 600
100,001 - 125,000 . . . . . . . . . . Soo
125,001 - 150,000 . . . . . . . . . . 1,000
150,001 - 200,000 1,300
200,001 - 250,000 . . . . . . 1,600
250,001 - 300,000 1.900
300,001 - 350,000 2,200
351,001 - 400,000 ... .. . . . . . 2,500
400,001 - 450,000 . . . ... . . . . 2,800
450,001 - 500,000 . . . .. . . . .. 3,100
500,001 - plus . . . . 3,800,plus$506 for each 100,000 of
population above 500,000 to a
• maxirnumt fee of S50,000
SCHEDULE B Special Events
The rate for Special Events shall be 1%of Gross Revenue.
"Special Evems"means musical events,concerts,shows,pageants,sporting events,festivals,competitions,and
other events of limited duration presented by LICENSEE for which the"Gross Revenue"of such Special Event
exceeds S25.000.
"Gross Revenue"means all monies received by LICENSEE or on LICENSF-E'S behalf from the sale of tickets for
cash Special Event. 1f there are n0 monies from the sale of tickets, "Gross Revenue"shall mean contributions from
sponsors or other payments received by LICENSEE for each Special Event.
SCHEDULE C Mate Municipal and/or County Leagues or State Associations of Attorneys
The annual license fee for LICENSEES who are legally organized as state municipal and/or county leagues or state
associations of municipal and/or county attorneys shall be$250,
License Fee for Year 2003 and Thereafter
For each calendar year commcocWg 2003,all dollar figures set forth in Schedules A,B and C above(except for
S500 add-on for populations of 500,001 or more)shall be the license fec for the preceding calendar year,adjusted
in accordance with the increase in the Consumer Price Index-All Urban Consumers(CP1-U)between the
preceding October and the next preceding October. Any additional license fees due resulting from the CPI
adjustment shall be payable upon billing by ASCAP.
ASCAP,2690 Cumberland Parkway,Suite 490,Atlanta,GA 30339-3913 L800-M,4052 770.805.3475
EmsH:mum1dpa1_I1een81ng&scap.com
•
•
CITY OF DANIA BEACH
MEMORANDUM
TO: Mayor and Commissioners
CC: Ivan Pato, City Manager
Charlene Johnson, City Clerk
Kristen Jones, Acting Parks and Recreation Director
FROM: Tom Ansbro, City Attorney
DATE: September 13, 2002
RE: Proposed Resolution Authorizing Execution of License Agreement with
"ASCAP" American Society of Composers, Authors and Publishers
Attached is a proposed resolution authorizing the execution of a license agreement with
the American Society of Composers, Authors and Publishers ("ASCAP"). We received a
model License Agreement from ASCAP through a mass mailing which was received by
numerous cities in the nation. The model agreement was negotiated by ASCAP and the
International Municipal Lawyers Association (IMLA). The agreement provides a license for
municipalities to use music in ASCAP's repertory of over 9 million titles without violating
copyright law.
The principal features of the Agreement are:
■ It covers virtually all non-dramatic performances the City presents or
allows to be presented both on city property and at functions and events
at other locations, when sponsored by the City. These include live
performances, recorded performance (CDs, tapes, radio and television
over loudspeakers) and music for telephone users "on hold."
■ The base license fee is an annual fee of $250.00 (the fee for
municipalities with a population of 50,000 or less), which increases each
year based on the consumer price index.
• ® It provides an initial term of one (1) year, and additional terms of one
year each. Either party may give notice of termination to the other no
later than 30 days prior to the end of the initial or any renewal term.
• Mayor and Commissioners
September 13, 2002
Page 2
® It provides for exceptions such as "dramatic performances" for which
separate license agreements are required and special events with
revenues to be earned in excess of $25,000.00. For those events, the
City must pay a license fee based on the gross revenue from each event.
"Gross revenue" means all monies received from the sale of tickets for
each event. If there are no monies from the sale of tickets, then gross
revenue means contributions from sponsors or other payments received.
The fees payable for special events are 1% of the gross revenue. Ninety
days after the conclusion of the special event the City must submit to
ASCAP payment for the special event along with accompanying
documentation as described in the Agreement. The only event I can think
of that may reach or exceed this particular threshold is the upcoming
,City Centennial Celebration. Otherwise, the minimal annual fee is
expected to cover the City's needs.
We recommend that the City Commission authorize execution of the License
Agreement with ASCAP, to avoid potential liability for copyright infringement ($750.00
minimum damages per work infringed as well as attorney fees and costs) if the City is found to
• have used any of the music in the ASCAP repertory.
This matter is now ready for Commission review and approval.
TJA:slw
Attachments
•
2
® WEISS SEROTA HELFMAN
PASTORTZA & GIJEDES, P.A.
3107 Stirling Road, Suite 300
Fort Lauderdale, FL 33312
Telephone (954) 763-4242
Telecopier (954) 764-7770
CONFIDENTIAL
TO: Charlene Jotmson. Fax: 954-921-2604
FROM: Karen Liebennan
COMMENTS: Attached is the document for the 9/24 agenda.
•
The information contained in this transrrussion is attorney privileged and confidential. It is intended only for the use of the
indi�ldual or entity named aboN e_ if the reader of this message is not the intended recipient,you are hereby notified that any
dissemination,distribution or copy of this communication is strictly prohibited. If you have received this communication in
error,please notify us immediately by telephone collect and return the original message to us at the above address via the U.
S.Postal service. 4V"e will reimburse you for postage. Thank,you.
FJJ.E NO.: 566.001
DATE: September 17, 2002
NUMBER OF PAGES INCLUDJNG COVER.SHEET: 7
PLEASE NOTIFY US IMMEDIATELY IF NOT RECEIVED PROPERLY
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