HomeMy WebLinkAboutItem 5g. Authorize Sole Source purchase of a public art sculpture for the Tank Farm Roundabout Item 5g
Department: Parks and Recreation
Cost Center: 7001
For Agenda of: 5/17/2022
Placement: Consent
Estimated Time: N/A
FROM: Greg Avakian, Parks & Recreation Director
Prepared By: Meghan Burger, Recreation Manager
Brendan Pringle, Administrative Analyst
SUBJECT: SOLE SOURCE AUTHORIZATION FOR PURCHASE OF PUBLIC ART
SCULPTURE FOR THE TANK FARM ROUNDABOUT
RECOMMENDATION
Authorize the purchase of a sole-sourced sculpture for placement at the Tank Farm Road
roundabout, as recommended by San Luis Obispo Museum of Art, under the scope of the
partnership agreement with the City.
DISCUSSION
Background
As part of its Community Partnership Agreement with the San Luis Obispo Museum of
Art (SLOMA) (Attachment A), the City recognizes SLOMA as “uniquely qualified to
provide the services contemplated” under the agreement, which includes the
“coordination of roundabout public art installations,” due to “its intimate knowledge of art,
unique connection to the arts community, and its long experience producing and providing
cultural art exhibits for the benefit of the community.”
In the FY 2021-2023 Financial Plan, the City budgeted $300,000 in FY 2021-22 for the
procurement and installation of public art at the center of the new roundabout located at
the intersection of Tank Farm Road and Orcutt Road. Based on the specifications outlined
by the Public Works Department and the project budget, the art piece, The Greys in
Between, was the roundabout sculpture that SLOMA recommended for this roadway
project, for the reasons outlined in the sole-source justification form and SLOMA’s City
Council Memo (Attachment B).
The reasons for sole-source purchase include: The unique scale, location, and
engineering requirements for roundabout art limits the pool of potential art pieces.
SLOMA in serving as the City’s “expert” in public art (permanent and temporary pieces)
determined that an evaluation of identified artists and pieces of work was necessary in
implementing the acquisition of this first piece of roundabout art. In this instance, they
determined that an RFP was not the best method by which to select a piece given the
specific requirements. SLOMA did conduct an evaluative process and three other works
were considered but based on the project budget, location and space limitations, this
piece of work (the physical durability, size, scale and content) was the best for this location
and it also is supportive of the City’s DEI Major City Goal.
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Item 5g
In conformance with the City’s purchasing policies and Public Art Manual, the detailed
sole-source justification form for the purchase of the sculpture was submitted to the
Purchasing Analyst for review (Attachment C). It has been determined the sole source
request conforms with City policies. Per the Public Art Manual, a sole source authorization
from Council is necessary at this time, so that this piece may be procured and installed
at the roundabout. If an unanticipated change should occur between now and the
purchase of the sculpture, the item will be removed from the sole source list and City staff
would request the sole-source authorization for another art piece recommended by
SLOMA.
ENVIRONMENTAL REVIEW
Pursuant to the California Environmental Quality Act (CEQA), it can be seen with certainty
that there is no possibility that the proposed installation of this roundabout sculpture will
have any effect on the environment (General Rule Exemption CEQA Guidelines Sec.
15061(b)(3)).
FISCAL IMPACT
Budgeted: Yes Budget Year: 2021-22
Funding Identified: Yes
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $ $ $ $
State
Federal
Fees
Other: Public
Art Private
Sector Fund
$300,000 $200,000 $100,000 $0
Total $300,000 $200,000 $100,000 $0
The City has budgeted $300,000 in FY 2021-22 for the procurement and installation of
the art piece. With the purchase of the art piece, a balance of $100,000 remains, part of
which will be applied toward the professional installation of the piece.
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Item 5g
ALTERNATIVES
Do not authorize the sole-source purchase of the sculpture. Staff does not
recommend this alternative for the reasons outlined on the sole source justification form.
ATTACHMENTS
A – Community Partnership Agreement with SLOMA
B – SLOMA City Council Memo
C – Approved Sole-Source Justification Form
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COMMUNITY PARTNERSHIP AGREEMENT BETWEEN THE CITY OF SAN
LUIS OBISPO AND THE SAN LUIS OBISPO MUSEUM OF ART
This COMMUNITY PARTNERSHIP AGREEMENT, hereinafter referred to as the
Agreement, is made and entered into in the City of San Luis Obispo on
_______________________________________ by and between the CITY OF SAN LUIS
OBISPO, a municipal corporation, hereinafter referred to as CITY, and THE SAN LUIS
OBISPO MUSEUM OF ART, a California non-profit organization, hereinafter referred to
as SLOMA.
WITNESSETH:
WHEREAS, the CITY and SLOMA desire to continue to encourage public art that
respects our past and embraces the future in a collaborative fashion; and
WHEREAS, the CITY desires to maintain a mutually beneficial relationship
between the CITY and SLOMA as a way to continue to enhance the sense of place and
community for residents through the proliferation of public art and education thereof; and
WHEREAS, the CITY has determined that partnerships with community
organizations to provide shared services to the community are of great benefit and SLOMA
has expressed a willingness to continue these shared services, in partnership and in
cooperation with the CITY;
WHEREAS, SLOMA is uniquely qualified to provide the services contemplated
under this Agreement due to its intimate knowledge of art, unique connection to the arts
community, and its long experience producing and providing cultural art exhibits for the
benefit of the community.
WHEREAS, SLOMA currently leases certain premises from the City located at
1010 Broad Street, which constitutes a portion of certain real property owned by the City
within City limits, commonly known as Mission Plaza and identified as San Luis Obispo
County Assessor Parcel No. 002-423-006, as per Lease Agreement No. 1 and the 2010
Lease Agreement incorporated therein. In furtherance of CITY and SLOMA’s common
goals and objectives for public art and education, as described herein, CITY also desires to
allow for shared use by SLOMA of the lawn area located immediately to the northeast of
SLOMA’s existing leased Premises as shown on Exhibit A attached to this Agreement.
NOW THEREFORE, in consideration of their mutual promises, obligations and
covenants hereinafter contained, the parties hereto agree as follows:
1. TERM. The term of this Agreement shall be for two (2) years from July 21, 2021 to
July 21, 2023.
2. FINANCIAL MANAGEMENT. The CITY and SLOMA agree to a series of terms as
outlined below to share in the financial costs associated with public art.
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COMMUNITY PARTNERSHIP AGREEMENT – CITY AND SLOMA Page 2
2.1 PAYMENT TO SLOMA FOR PUBLIC ART SERVICES. The CITY shall
compensate SLOMA $60,000 annually, for a total of $120,000, during this the two-
year term of this Agreement.
A. SLOMA shall invoice the CITY once per year of this Agreement for these
costs by no later than August 1 each year of this Agreement.
B. The CITY shall remit payment to SLOMA within thirty (30) days from the
date of receipt by CITY of an invoice from SLOMA.
3. PUBLIC ART ROLES AND RESPONSIBILITIES. The City of San Luis Obispo
Parks and Recreation Director may authorize periodic modifications, within the scope
of his/her financial and/or operational authority, to the Roles and Responsibilities as
he/she may deem necessary or appropriate to the partnership between the CITY and
SLOMA. Any amendment or modifications to the Roles and Responsibilities shall be
in writing and may only be made with the mutual consent of both parties.
A. SCOPE OF SERVICES
i. Both parties agree to collaborate on the public art program projects as
outlined in the obligations set forth below.
ii. The CITY Public Art Manager and SLOMA staff will meet monthly
during the two (2) year term of this Agreement to review the specific
public art projects outlined in SLOMA obligations, including marketing
and promotion efforts.
B. CITY OBLIGATIONS
i. The CITY will provide access and training to SLOMA relative to the
City’s Public Art Policies and Procedures Manual.
ii. The CITY Public Art Manager will continue to manage the Utility Box
Art Program.
iii. The CITY Public Art Manager will continue to address maintenance
needs of the public art program for the current collection of artwork.
iv. The CITY Public Art Manager will continue to manage the private
development public art program.
v. The CITY Public Art Manager will set monthly reoccurring meetings
with SLOMA Staff during the two (2) year term.
vi. In accordance with paragraph 2 of this Agreement, the CITY shall remit
annual payments to SLOMA during the two (2) year term of this
Agreement.
vii. The CITY will work with SLOMA on payment to selected Artists upon
satisfactory completion of work and receipt of a request for payment;
through the Public Art Fund.
viii. The City will continue to hold and manage the Public Art Fund in its
sole discretion.
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COMMUNITY PARTNERSHIP AGREEMENT – CITY AND SLOMA Page 3
C. SLOMA OBLIGATIONS
i. SLOMA will provide all coordination of public art for the CITY during
the two-year term of this Agreement. Projects projects shall include:
a) Downtown Public Art Installations: This project focuses on
public art installations in the downtown and creative
placemaking public art, including murals and temporary public
art installations;
b) Roundabout Public Art Installations: This project is to initiate
planning for installation of public art within current or planned
City roundabouts.
c) “Anholm Neighborhood Greenway” Project: This project is to
focus on the Chorro Street underpass and concept plans for the
greenway. The final project and branding will be changing as
part of the final design.
ii. SLOMA public art project coordination process shall include the
following:
a) Coordinate and facilitate solicitation of the Request for Proposals
/ Call for Artists for each project.
b) Appoint art jury for each project; coordinate and facilitate jury
process.
c) Serve as Public Art project liaison between selected Artists and
CITY.
d) Final coordination of project approvals through CITY Advisory
Bodies and CITY COUNCIL, as may be required.
e) Secure planning/building permits, as may be required, and works
with artist to fabricate artwork.
f) Coordinate with CITY payment schedule to selected Artist.
g) Install approved artwork.
iii. SLOMA will provide project updates each month during CITY and
SLOMA monthly meetings.
4. SHARED USE OF ADJACENT CITY PREMISES. In furtherance of CITY and
SLOMA’s common goals and objectives for public art and education, as described
above, CITY also desires to allow SLOMA shared use of the lawn area located
immediately to the northeast of SLOMA’s existing leased Premises as shown on
Exhibit A which is attached hereto and is incorporated herein by reference (the “Shared
Use Area”). During the term of this Agreement, SLOMA shall be permitted to install
public art exhibits such as sculpture or other art mediums appropriate for an outdoor
environment, as well as conduct outdoor educational activities, on the Shared Use Area
at such times and on such conditions as approved by the CITY. Any such outdoor
public art exhibits shall be subject to the Public Art Policies and Procedures Manual,
including the applicable obligations described in paragraph 3(C)(ii), above, including
conducting the public art jury process and ensuring all planning and building permits
are in place as may be required. Any educational activities or events shall be subject
to the standard terms and conditions that would otherwise be applicable with a
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COMMUNITY PARTNERSHIP AGREEMENT – CITY AND SLOMA Page 4
temporary special events permit issued by City’s Parks and Recreation Department.
CITY shall be responsible for normal and customary maintenance and upkeep of the
Shared Use Area (e.g. mowing, irrigation, etc.). SLOMA shall be responsible for
maintenance, security, special insurance provisions, and any and all costs whatsoever
associated with activities and events that occur under the direction of SLOMA within
the Shared Use Area, and with the installation of outdoor art exhibits or sculpture that
SLOMA may place within the Shared Use Area.
5. COMPLETE AGREEMENT. This written Agreement, including all writings
specifically incorporated herein by reference, shall constitute the complete agreement
between the parties hereto. No oral agreement, understanding or representation not
reduced to writing and specifically incorporated herein shall be of any force or effect,
nor shall any such oral agreement, understanding or representation be binding upon the
parties hereto.
6. AGREEMENT TERMINATION. Either party may terminate this Agreement for
convenience provided that thirty (30) days written notice is given to the other party.
The Agreement may be terminated by either party for cause, provided that written
notice has been given to the other party, stating the reasons for the intended termination
and providing the other party with at least ten (10) days to cure any alleged breach. If
the party receiving notice fails or refuses to cure the alleged breach within ten (10) days
or such longer period as is specified within the written notice, or to make substantial
progress toward cure to the satisfaction of the party demanding cure, this Agreement
may be terminated thirty (30) days after receipt of the notice as specified herein.
7. AGREEMENT AMENDMENTS. Any amendment, modification or variation from
the terms of this Agreement shall be presented in writing by the City’s Parks and
Recreation Director and SLOMA Executive Director to the City Manager or his/her
designee and shall be effective only upon final approval by the City Manager or his/her
designee.
8. INSURANCE AND LIABILITY. SLOMA’s insurance and liability requirements
shall be the same as per Lease Agreement No. 1 and the 2010 Lease Agreement,
incorporated therein, as shown under Paragraph 20.
9. HOLD HARMLESS AND INDEMNIFICATION. SLOMA shall defend,
indemnify, and hold the CITY and its elected officials, officers, employees and free
and harmless from and against any and all claims asserted or liability established for
damages or injuries to any person or property, including injury to CITY employees,
agents, officers or volunteers, which arise from or are connected with or are caused or
claimed to be caused by any acts or omissions of SLOMA, and/or its agents, officers,
employees or volunteers, in performing its responsibilities hereunder, including all
expenses of investigating and defending against same; provided, however, that
SLOMA’s duty to defend, indemnify and hold harmless shall not include any claims
or liability arising from the sole active negligence or willful misconduct of the CITY,
its agents, officers, employees or volunteers
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COMMUNITY PARTNERSHIP AGREEMENT – CITY AND SLOMA Page 5
10. NOTICE. All written notices to the parties hereto shall be sent by United States Postal
Service, postage prepaid, by registered or certified mail addressed as follows:
CITY: Parks & Recreation Director
City of San Luis Obispo
1341 Nipomo St.
San Luis Obispo, CA 93401
SLOMA: Executive Director
San Luis Obispo Museum of Art
1010 Broad Street
San Luis Obispo, CA 93401
11. AUTHORITY TO EXECUTE AGREEMENT. CITY and SLOMA each covenant
that each individual executing this agreement on behalf of each party is a person duly
authorized and empowered to execute Agreements for such party.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed
the day and year first above written.
ATTEST: CITY OF SAN LUIS OBISPO
____________________________ By:___________________________
Teresa Purrington Mayor Heidi Harmon
City Clerk
APPROVED AS TO FORM: SAN LUIS OBISPO MUSEUM OF
ART
By:___________________________
J. Christine Dietrick Leann Standish
City Attorney Executive Director
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COMMUNITY PARTNERSHIP AGREEMENT – CITY AND SLOMA Page 6
EXHIBIT A
SHARED USE AREA
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City Council Memo
Anila Agha - The Greys In Between
Proposed Installation at Tank Farm Roundabout
April 25, 2022
Image 1: Night Installation Shot, Image 2: Daytime Process Shot
Artist Anila Agha’s artwork The Greys in Between is the proposed sculpture for the upcoming Tank Farm
and Orcutt Roundabout in San Luis Obispo. As the first public roundabout artwork installed since 2016,
we proposed selecting a sole source artwork rather than a Request for Proposals. The unique elements
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of the piece, its size and structural factors, as well as its strong statement in alignment with the City’s
Diversity, Equity and Inclusion goals, made this direct selection the best choice.
About the Greys in Between: Drawing from motifs found in South Asian art and architecture,
Indianapolis based artist Anila Quayyum Agha engages light and shadows to convey the relationships
that exist between opposing states: light/dark, known/unknown, fact/fiction, alone/together. The
artwork promotes inclusivity while inviting viewers to consider the depths of these contrasts,
contemplating how seemingly opposing states intersect and interact. In exploring the intersections of
religious dogma, race, class and culture, The Greys in Between confronts global exclusionary politics and
acknowledges minority and immigrant populations’ contributions to our society.
About Anila Agha: Anila Quayyum Agha (b. Lahore, Pakistan) received her BFA from the National College
of Arts, Lahore and an MFA from the University of North Texas. Recent solo shows include the Peabody
Essex Museum in Salem, MA, National Sculpture Museum in Valladolid, Spain, The Dallas Contemporary
Art Museum, Cincinnati Art Museum, the Museum of Contemporary Art in Jacksonville, FL, Philbrook
Museum of Art in Tulsa, and the Toledo Museum of Art in Ohio. For the 2019 Venice Biennale Agha was
included in a collateral event, She Persists, with 22 contemporary feminist artists. Agha has received the
Efroymson Art Fellowship, Cincinnati Art Museum’s 2017 Schiele Prize, and DeHaan Artist of Distinction
Award. Agha’s 2014 ArtPrize entry, titled "Intersections", earned the Public Vote Grand Prize and split
the Juried Grand Prize in Grand Rapids, Michigan. In 2017, she was awarded the Glenn W. Irwin, Jr.,
M.D. Research Scholar Award by Indiana University. Recently, Agha received an Endowed Chair position
titled Professor – Morris Eminent Scholar in Art at Augusta University in Georgia, as well as the
prestigious Smithsonian Fellowship in the arts for 2021 and will be working with both SAAM and AAA in
Washington DC in May 2021. Her work has been collected by both institutions and private collectors;
nationally and internationally.
Draft Timeline:
April 25 – May 25: Finalized installation designs and sketches, Collaboration with Structural Engineer
team and Roundabout City Project Managers to determine and finesse installation approach
June 1-7: Public Art Jury conducted where artist and staff present installation methodology, and
conceptual information behind the artwork. The purpose of the Public Art Jury is to gain valuable
insights into nearby communities and opportunities, as well as brainstorm and finalize communication
strategies.
June 7-20: Artwork prepared for shipping, fabricator creates hanging apparatus, lighting designed and
ordered, collaboration with on-site contractor for preparing the site
June 20-30: Artwork received in SLO
July 17-30: Artwork installation by fabricator, artist studio manager, in collaboration with City Staff.
Immediately after installation, ribbon cutting ceremony conducted and additional programming
scheduled as needed.
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City of SLO DEI Statement: We envision a San Luis Obispo that is welcoming, inclusive, and safe. Our
city values diversity, promotes equity and belonging, actively denounces systemic racism, and actively
works toward racial justice.
Key Participants:
Anila Agha, Lead Artist
Steve Prachyl, Artist Studio Manager
Christian Taylor Owens, Installation fabricator
Jennifer Rice, City of SLO Tank Farm & Orcutt Roundabout Manager
Luke Schwartz, City of SLO Transportation Manager
Meghan Burger, City of SLO Recreation Manager and Public Art liaison
Jessica Meadows, RRM Engineer and Structural Engineering Consultant
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City of San Luis Obispo Sole Source Justification
Form
TANK FARM ROUNDABOUT SCULPTURE
The City of San Luis Obispo policy is to solicit quotations or bids for purchases of commodities or services for specified
dollar amounts and select vendors on a competitive basis (See City of San Luis Obispo Financial Management Manual,
Section 201, Exhibit 201-B).
Under San Luis Obispo Municipal Code Chapter 3.24.060, procurement obtained from a single source can be
purchased without engaging in bidding procedures. Staff must justify waiving the competitive bidding process in this
sole-source form. The justification should provide enough detail so that anyone in the public with no background on
the purchase can understand the justification.
1. What is the product or service? Why is this product or service offered the only ‘sole-source’
that meets the City’s requirements?
The City is seeking to purchase a signature sculpture piece for placement as part of the new
roundabout project at the intersection of Tank Farm Road and Orcutt Road. The Greys in Between
by Anila Agha is unique based on its size and structural factors, and its strong alignment with the
City’s Major City Goal of Diversity, Equity and Inclusion, and its DEI Statement (“We envision a
San Luis Obispo that is welcoming, inclusive, and safe. Our city values diversity, promotes equity
and belonging, actively denounces systemic racism, and actively works toward racial justice”).
Agha is a renowned Pakistani-American artist, and according to SLOMA, this piece explores the
intersections of religious dogma, race, class and culture, confronting global exclusionary politics
and acknowledging minority and immigrant populations’ contributions to our society.
SLOMA serves as a contracted partner (contract attached) for downtown and roundabout art
installations with City staff providing support in a liaison role. As such, SLOMA takes the lead for
finding appropriate artists and art pieces for the City’s needs. See attached description memo
from the San Luis Obispo Museum of Art (SLOMA) for full artist and sculpture description.
The unique sculpture, The Greys in Between, meets the structural engineering requirements for
the roundabout project in size and scope, price point for this CIP project, as well as the availability
to meet the project timeline requirements. The design allows for reduced distraction from
drivers, while still showcasing a unique art piece. The art piece has limited to no moving parts
that would distract drivers as well as require long-term maintenance, reduced reflections that
could impact drivers, and has the appropriate footprint for the size roundabout at the Tank Farm
and Orcutt intersection. SLOMA representatives provided the City Manager, Assistant City
Manager, Recreation Manager, and Public Works engineering staff information on the four
different art options and The Greys in Between was unanimously selected based on the criteria
for this intersection project.
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2. Have other products/vendors been considered? If yes, which? And how did they fail to
meet the City’s requirements?
SLOMA vetted three other works before choosing this piece of work. Based on the project budget
of $300,000, and the restrictions unique to the location and space (size, structure, and safety),
the art piece, The Greys in Between, was the recommended sculpture for this roadway project.
Below are the three other art pieces reviewed by SLOMA and City representatives and SLOMA’s
explanation of why they were not chosen:
a. Camille Walala – UK based public sculpture artist. Working with Camille wasn’t
feasible right now with the City’s budget, as her commissions cost upwards of
$750,000.
b. Sebastian Ionescu – Sebastian’s work is lovely, colorful and whimsical, and would
have been within budget, but he is not far enough in his career to be prepared to
present a project of this scale.
c. Garet Zook – Garet is a very well-respected local sculptor and SLOMA recommends
using his work for a future roundabout; however for the first piece, the desire to
send a message of equity and inclusivity and working with Anila checked that box.
3. Is the purchase an upgrade or addition to an existing system or brand of products adopted
as a citywide standard? If so, will the purchase of this product avoid “switching” costs? (e.g.,
additional training required; data conversion; implementation of a new system; etc.)?
This sculpture contributes to the growing body of public art that the City has funded in fulfillment
of its Major City Goals. Additional sculpture art pieces are planned for designated upcoming
roundabout intersection projects to fulfill the MCGs and CIP projects.
4. Is this a request for services by a contractor with unique and critical knowledge of
established City systems or programs? If so, will the use of the contractor’s services avoid
other costs (e.g., significant staff time in compiling information, data transfers, etc.)?
As part of its annual agreement, SLOMA is obligated to provide all coordination of public art in
the downtown corridor and installations of roundabout art for the City during the two-year term
of its agreement (July 21, 2021, to July 21, 2023). One of the public art projects outlined in the
contract is to initiate planning for installation of public art within current or planned City
roundabouts (3.C. SLOMA OBLIGATIONS). As outlined further in the agreement, the SLOMA
public art project coordination includes coordinating and facilitating solicitation of the Requests
for Proposals / Call for Artists for each project, as well as appointing an art jury and coordinating
and facilitating the jury process.
This final recommendation from SLOMA represents the culmination of that process.
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5. What is the quoted price for the product or service, and is it reasonable (based on other
products or services in the same field or based on historical pricing for the City for similar
products or services)?
At a total cost of $200,000 for acquisition, the roundabout sculpture falls within the $300,000
budget approved in the FY 2021-23 Financial Plan. Additional costs will include structural
engineering and installation to complete the new roadway project.
__________________________________
Requester
__________________________________ ________________
Approver Date
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