HomeMy WebLinkAbout01/07/1992, C-8 - HIRING A CONSULTANT TO FACILITATE AND ORGANIZE WORKSHOPS FOR THE OPEN SPACE ELEMENT ADVISORY COMMITTEEl,lu^lylll�lllllln II II MEETING DATE:
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COUNCIL AGENDA REPORT ITEM NUMBER:_ fl
FROM: Arnold B. Jonas, Community Development Director O
PREPARED BY: Jeanette Di Leo, Long Range Planner
SUBJECT:
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RECOMMENDATIONS:
BACKGROUND:
Hiring a consultant to facilitate and organize workshops for the
Open Space Element Advisory Committee
(1) Authorize the selection of Pete Dangermond for workshop
organization and facilitation, and
(2) Authorize the Mayor to sign the consultant services contract
for an amount of compensation not to exceed $13,000 for the
facilitation and organization of community workshops, the
provision of information, and review of relevant documents.
On September 3, 1991, the City Council: (a) supported the use of a consultant to facilitate
and organize Open Space Element workshops, and as necessary, advise staff on various
open space issues, (b) allowed the consultant contract for the workshops and advisory
input to be sole- sourced to Pete Dangermond based on his unique qualifications and
experience with open space programs, and (c) directed staff to negotiate a consultant
contract with Pete Dangermond for Council review and approval.
This report is consistent with the September, 1991 City Council action.
DISCUSSION:
The 1991 -93 Financial Plan specifies within the Community Development Department's
operating budget funding for consultant services to complete the Open Space Element
(page D -84). As planned, $13,000 would be utilized for Pete Dangermond to organize and
conduct community workshops, provide general information, and review relevant
documents.
The attached consultant contract includes the City's contract guidelines, insurance
requirements (Exhibit 1), a Scope of Work (Exhibit A), and a consultant compensation
schedule (Exhibit B). Staff anticipates meeting with Pete Dangermond in early January,
1992 to formulate workshop agendas, materials needed, a schedule, etc. Workshops are
planned to begin in February, 1992.
The consultant contract will be administered by the Community Development
Department's Long Range Planner. Information gained from the workshops will be
incorporated into the Open Space Element.
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Pete Dangermond -- page 2
FISCAL IMPACT:
The costs associated with utilizing a consultant for workshops, input, and a financial
analysis have already been incorporated into the budget for the Open Space Element.
There are no new costs associated with utilizing a consultant for these purposes.
ALTERNATIVES:
The City Council could:
a. Revise the Scope of Work to include additional tasks. [This may increase
the contract cost].
b. Reduce the Scope of Work to include fewer tasks. [This may decrease the
contract cost].
C. Continue this item to consider other tasks the Council would like included
in the work scope.
Attachment:
Consultant Contract (including Exhibit 1, Exhibit A, and Exhibit B)
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CONSULTANTS SERVICES AGREEMENT
This agreement, made this 7th day of January, 1992, by and between the CITY OF
SAN LUIS OBISPO, California (hereinafter referred to as "City "), and Pete Dangermond,
(hereinafter referred to as "Consultant ").
WTINESSETH:
WHEREAS, City desires to retain certain services in conjunction with creation of
the City's Open Space Element. The services being provided by this consultant under this
contract include: research, workshops organization and facilitation, document review, and
the provision of information.
WHEREAS, City desires to engage Consultant to provide services by reason of its
qualifications and experience for performing such services, and Consultant has offered to
provide the required services on the terms and in the manner set forth herein.
NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto
agree as follows:
1. PROJECT COORDINATION
a fit . The Community Development Director shall be the representative of
the city for all purposes under this agreement. The director, or the director's
designated representative, hereby is designated as the Project Manager for
the City. The director or the director's designated representative shall
supervise the progress and execution of this agreement.
b. Consultant. Pete Dangermond shall have overall responsibility for the
progress and execution of this agreement as the Consultant and shall hereby
be designated as the Project Manager for Consultant. Should circumstances
or conditions subsequent to the execution of this agreement require a
substitute Project Manager for any reason, Pete Dangermond's designee shall
be subject to the prior written acceptance and approval of the director. The
individual identified to complete the work shall not be changed except by
prior written approval of City.
2. DUTIES OF CONSULTANT
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a. Services to be furnished. Consultant shall provide all specified services as set
forth in Exhibit "A" (Scope of Work) attached hereto and incorporated herein
by this reference. Consultant may not amend the Scope of Work, either to
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CONTRACT DANGERMOND - page 2
modify provisions or to add or delete provisions, without prior written consent
of the City's Project Manager.
b. Quality Control. All instruments of service shall reflect high standards of
professional research, analysis, and written and graphic communication. The
Community Development Director shall be responsible for evaluating the
quality of Consultant's work and for the issuance of consultant payments
upon satisfactory completion, delivery, and city acceptance of work.
C. Laws to be observed. Consultant shall:
(1) Procure all permits and licenses, pay all charges and fees, and give all
notices which may be necessary and incidental to the due and lawful
prosecution of the services to be performed by Consultant under this
agreement;
(2) Keep itself fully informed of all existing and proposed federal, state
and local laws, ordinances, regulations, orders, and decrees which may
affect those engaged or employed under this agreement, any materials
used in Consultant's performance under this agreement, or the conduct
of the services under this agreement; and the services to be provided
under this agreement.
(3) At all times observe and comply with, and cause all of its employees
to observe and comply with all of said laws, ordinances, regulations,
orders, and decrees mentioned above.
d. Release of reports and information. Any reports, information, data, or other
material given to, or prepared or assembled by, Consultant under this
agreement shall be the property of City and shall not be made available to
any individual or organization by Consultant without the prior written
approval of the City's Project Manager.
e. Copies of reports and information. If City requests additional copies of
reports, drawings, specifications, or any other material in addition to what the
Consultant is required to furnish in limited quantities as part of the services
under this agreement, Consultant shall provide such additional copies as are
requested, and City shall compensate Consultant for the costs of duplicating
of such copies at Consultant's direct expense.
3. DUTIES OF CITY
City agrees to cooperate with consultant in the completion of the work described in Exhibit
"A" attached hereto and incorporated by this reference.
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CONTRACT DANGERMOND - page 3
4. COMPENSATION
Compensation shall be provided consultant as shown on Exhibit "B" -- Compensation
Schedule.
Consultant will bill City upon successful completion of each phase of work as described in
Exhibit "B" except that meetings and miscellaneous items (as identified in Exhibit B) may
be billed on a monthly basis. City will pay this invoice within 30 days of receipt provided
there is no dispute regarding successful completion of work.
The Consultant may not charge more than the amount shown in Exhibit "B" without prior
written approval of the City's Project Manager.
5. TIME OF COMPLETION OF THE WORK
Work shall be completed in a timely manner.
Time extensions may be allowed for delays caused by City, other governmental agencies,
or factors not directly brought about by the negligence or lack of due care on the part of
the Consultant.
6. TEMPORARY SUSPENSION
The Community Development Director shall have the authority to suspend this agreement
wholly or in part, for such period as the director deems necessary due to unfavorable
conditions or to the failure on the part of the Consultant to perform any provision of this
agreement. Consultant will be paid the compensation due and payable to the date of
temporary suspension.
7. SUSPENSION: TERMINATION
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a. Right to suspend or terminate. The city retains the right to terminate this
agreement for any reason by notifying Consultant in writing seven days prior
to termination and by paying the compensation due and payable to the date
of termination; provided, however, if this agreement is terminated for fault
of Consultant, City shall be obligated to compensate Consultant only for that
portion of Consultant services which are of benefit to City. Said
compensation is to be arrived at by mutual agreement of the City and
Consultant and should they fail to agree, then an independent arbitrator is to
be appointed and the arbitrator's decision shall be binding upon the parties.
b. Return of materials. Upon such termination, Consultant shall turn over to
the City immediately any and all copies of studies, sketches, drawings,
computations, and other data, whether or not completed, prepared by
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CONTRACT DANGERMOND - page 4
Consultant, and for which Consultant has received reasonable compensation,
or given to Consultant in connection with this agreement. Such materials
shall become the permanent property of City. Consultant, however, shall not
be liable for City's use of incomplete materials or for City's use of complete
documents if used for other than the project contemplated by this agreement.
8. INSPECTION
Consultant shall furnish city with every reasonable opportunity for City to ascertain that the
services of Consultant are being performed in accordance with the requirements and
intentions of this agreement. All work done and all materials furnished, if any, shall be
subject to the City's Project Manager's inspection and approval. The inspection of such
work shall not relieve Consultant of any of its obligations to fulfill its agreement as
prescribed.
9. OWNERSHIP OF MATERIALS
All original drawings, plan documents and other materials prepared by or in possession of
Consultant pursuant to this agreement shall become the permanent property of the City,
and shall be delivered to the City upon demand.
10. INDEPENDENT JUDGMENT
Failure of City to agree with Consultant's independent findings, conclusions, or
recommendations, if the same are called for under this agreement, on the basis of
differences in matters of judgment shall not be construed as a failure on the part of
Consultant to meet the requirements of this agreement.
11. ASSIGNMENT: SUBCONTRACTORS: EMPLOYEES
This agreement is for the performance of professional consulting services to design and
implement community workshops and is not assignable by the Consultant without prior
consent of the City in writing. The Consultant may employ other specialists to perform
special services as required with prior written approval by the City.
12. NOTICES
All notices hereinunder shall be given in writing and mailed, postage prepaid, by Certified
Mail, addresses as follows:
To City: Pam Voges, City. Clerk
Cit? Clerk Denartmkit'
City of San Luis Obispo
P.O. Box 8100
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CONTRACT DANGERMOND - page 5
San Luis Obispo, CA 93403 -8100
To Consultant: Pete Dangermond
Dangermond & Associates
1721 2nd Street, Suite 203
Sacramento, CA 95814
13. INTEREST OF CONSULTANT
Consultant covenants that it presently has no interest, and shall not acquire any interest,
direct or indirect, financial or otherwise, which would conflict in any manner or degree with
the performance of the services hereunder. Consultant further covenants that, in the
performan ce of this agreement, no subcontractor or person having such an interest shall be
employed. Consultant certifies that no one who has or will have any financial interest
under this agreement is an officer or employee of City.
14. CONSULTANT AS INDEPENDENT CONTRACTOR
Consultant and City agree that Consultant is an independent contractor with respect to the
services provided pursuant to this agreement. Nothing in this agreement shall be
considered to create the relationship of employer and employee between parties.
15. INDEMNITY
Consultant hereby agrees to indemnify and hold harmless City, its officers, agents and
employees of and from:
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a. Any and all claims and demands which may be made against City, its officers,
agents, or employees by reason of any injury to or death of any person or
corporation caused by any negligent act or omission of Consultant under this
agreement or of Consultant's employees or agents;
b. Any and all damage to or destruction of the property of City, its officers,
agents, or employees occupied or used by or in the care, custody, or control
of Consultant, or in proximity to the site of Consultant's work, caused by any
negligent act or omission of Consultant under this agreement or of
Consultant's employees or agents;
C. Any and all claims and demands which may be made against City, its officers,
agents, or employees by reason of any injury to or death of or damage
suffered or sustained by any employee or agent of Consultant under this
agreement, however caused, excepting, however, any such claims and demands
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CONTRACT DANGERMOND - page 6
which are the result of the negligence or willful misconduct of City, its
officers, agents, or employees;
d. Any and all claims and demands which may be made against City, its officers,
agents, or employees by reason of any infringement or alleged infringement
of any patent rights or claims caused by the use of any apparatus, appliance,
or materials furnished by Consultant under this agreement; and
e. Any and all penalties imposed or damages sought on account of the violation
of any law or regulation or of any term or condition of any permit, when said
violation of any law or regulation or of any term or condition of any permit
is due to negligence on the part of the Consultant.
Consultant, at its own costs, expense, and risks, shall defend any and all suits, actions, or
other legal proceedings that may be brought against or for employees on any such claim or
demand of such third persons, or to enforce any such penalty, and pay and satisfy any
judgment or decree that may be rendered against City, its officers, agents, or employees in
any such suit, action or other legal proceeding, when same were due to negligence of the
Consultant.
16. WORKERS COMPENSATION
Consultant certifies that it is aware of the provisions of the Labor Code of the State of
California, which require every employer to be insured against liability for workers
compensation or to undertake self - insurance in accordance with the provisions of that code,
and it certifies that it will comply with such provisions before commencing the performance
of the work of this agreement.
17. INSURANCE
The Consultant shall maintain insurance consistent with Exhibit 1.
18. AGREEMENT BINDING
The terms, covenants, and conditions of this agreement shall apply to, and shall bind, the
heirs, successors, executors, administrators, assigns, and subcontractors of both parties.
19. WAIVERS
The waiver by either party of any breach or violation of any term, covenant, or condition
of this agreement or of any provision, ordinance, or law shall not be deemed to be a waiver
of any subsequent breach of violation of the same or of any other term, covenant,
condition, ordinance, or law. The subsequent acceptance by either party of any fee or
other money which may become due hereunder shall not be deemed to be a waiver of any
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CONTRACT DANGERMOND - page 7
preceding breach or violation by the other party of any term, covenant, or condition of this
agreement or of any applicable law or ordinance.
20. COSTS AND ATTORNEY'S FEES
The prevailing party in any action between the parties to this agreement brought to enforce
the terms of this agreement or arising out of this agreement may recover its reasonable
costs and attorney's fees expended in connection with such an action from the other party.
21. DISCRIMINATION
No discrimination shall be made in the employment of persons under this agreement
because of the race, color, national origin, ancestry, religion or sex of such person. If
Consultant is found in violation of the nondiscrimination provisions of the State of
California Fair Employment Practices Act or similar provisions of federal law or executive
order in the performance of this agreement, it shall thereby be found in material breach
of this agreement. Thereupon, City shall have the power to cancel or suspend this
agreement, in whole or in part, or to deduct from the amount payable to Consultant the
sum of Twenty -five Dollars ($25) for each person for each calendar day during which such
person was discriminated against, as damages for said breach of contract, or both. Only a
finding of the State of California Fair Employment Practices Commission or the equivalent
federal agency or officer shall constitute evidence of a violation of contract under this
paragraph.
If Consultant is found in violation of the nondiscrimination provisions of this agreement or
the applicable affirmative action guidelines pertaining to this agreement, Consultant shall
be found in material breach of the agreement. Thereupon, City shall have the power to
cancel or suspend this agreement, in whole or in part, or to deduct from the amount
payable to Consultant the sum of Two Hundred Fifty Dollars ($250) for each calendar day
during which Consultant is found to have been in such noncompliance as damages for said
breach of contract, or both.
22. AGREEMENT CONTAINS ALL UNDERSTANDINGS
This document represents the entire and integrated agreement between City and
Consultant and supersedes all prior negotiations, representations, or agreements, either
written or oral. This document may be amended only by written instrument, signed by both
City and Consultant. All provisions of this agreement are expressly made conditions. This
agreement shall be governed by the laws of the State of California.
IN WITNESS WHEREOF, City and Consultant have executed this agreement the day and
year first above written.
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CONTRACT DANGERMOND - page 8
CONSULTANT
Lim
Pete Dangerp4 nd
CITY OF SAN LUIS OBISPO
L-Im
Attest
By:
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Ron Dunin, Mayor of San Luis Obispo
Pam Voges, City Clerk
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EXHIBIT 1
INSURANCE REQUIREMENTS FOR CONSULTANT'S
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages
to property which may arise from or in connection with the performance of the work hereunder by the Consultant, his agents,
representatives, employees.
Minimum Senile of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).
3. Workers' Compensation insurance as required by the State of California and Employers Liability Insurance.
Minimum Limits of Insurance
Consultant shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury, and property damage. If Commercial General
Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to
this project /location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile liability: $1,000,000 per accident for bodily injury and property damage.
Deductibles and Self - Insured Retentions
Any deductibles or self - insured retentions must be declared to and approved by the City. At the option of the City, either: the
insurer shall reduce or eliminate such deductibles or self - insured retentions as respects the City, its officers, officials, employees,
and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees, agents, and volunteers are to be covered as insureds as respects: liability arising
out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises
owned, occupied, or used by the Consultant; or automobiles owned, leased , hired, or borrowed by the Consultant. The
coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, official, employees,
agents or volunteers.
2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City,
its officers, officials, employees, agents, and volunteers. Any insurance or self- insurance maintained by the City, its officers,
officials, employees, agents, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect
coverage provided to the City, its officers, officials, employees, agents, or volunteers.
4. The Consultants insurance shall apply separately to each insured against whom claim is made or suit is brought, except with
respect to the limits of the insurer's liability. V
5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided,
cancelled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail,
return receipt requested, has been given to the City.
Acceptabilitv of Insurers
Insurance is to be place with insurers with a current A.M. Best's rating of no less than A:VII.
Verification of Coverage
Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to
be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved
by the City before work commences.
Exhibit A
SCOPE OF WORK
TASK ONE: RESEARCH /REVIEW
The consultant will review relevant City of San Luis Obispo and County of San
Luis Obispo documents to familiarize himself with local issues. City staff
will determine what sites would be appropriate for open space, greenbelt,
and /or other forms of preservation. As determined necessary by the City and
the consultant, the consultant and City staff will review these sites (e.g.,
conduct site visits, review history, etc.).
Assignment: To be done by Pete Dangermond in conjunction with Community
Development Department staff.
TASK TWO: WORKSHOPS
Subtask 1: Design and Format
The consultant will design and organize a series of public workshops.
The workshops will be organized for the Open Space Element Advisory
Committee ( OSEAC) and the general public. workshop format will allow
for community and OSEAC participation in the creation of the City's
Open Space Element and a future open space program. The workshop
series will consist of four to six hour meetings (either occurring
in the evening, or Saturdays, or a combination of Saturdays and
evening meetings). The total workshop hours would equal
approximately twenty -five hours. Initial workshops will be designed
to provide information on open space. Final workshops will be
conducted to review open space financing mechanisms and an Open Space
Element Workbook. The final format for each workshop shall be
determined by the City. This task would include the consultant
providing a preliminary written format for each workshop, a list of
materials that should be supplied for each workshop (e.g., maps,
easels, etc. ) , whether the City or the consultant will provide needed
materials, and any comments or concerns the City should note.
Assignment: See assignment under Subtask 2.
Subtask 2: Preparation
5I a "A
The consultant will prepare the materials that will be required for
individual workshops or work with City staff to have needed materials
prepared. This task would including formulating the agenda for
individual workshops, meeting with City staff (i.e., Community
Development Department and Administration staff) regarding the format
and key issues of a pending workshop, reviewing City workshop
materials and suggesting needed changes, and meeting with City staff
after a workshop has been completed (to discuss concerns or issues
that need to be resolved prior to the next workshop, and proposed
changes for future workshops).
Assignment: An initial list of materials that should be provided for
the workshops, who would provide these materials, an initial draft
workshop format, draft workshop agendas, and consultant comments
(noting general areas of concern) will be prepared by Pete
Dangermond. The consultant and the City will prepare materials for
the workshops. The City shall be responsible for duplicating
materials provided by the Consultant. The City shall be responsible
for providing the consultant with information on open space financing
mechanisms and with a copy of the Open Space Workbook.
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Scope of Work
Subtask 3: Facilitation
Unless otherwise specified by the City, the consultant will
facilitate the informational workshops. As requested by City staff,
the consultant will conduct or aid City staff with the workshops
arranged to review financing mechanism and the Open Space Element
Workbook.
Assignment: To be done by Pete Dangermond unless the City specifies
otherwise.
TASK THREE: REVIEW DOCUMENTS
At the City's discretion, the consultant will review and provide comments on
open space documents. This task would include reviewing: (a) the open space
financing study that the City will be conducting in early 1992, and (b) the
Open Space Element Workbook.
Assignment: To be done by Pete Dangermond at the request of City staff.
TASK FOUR: PROVIDE INFORMATION
At the discretion of the City, and based on the availability of the consultant,
the consultant will be available for consultations (by phone) . This task would
include providing relevant general information to City staff.
Assignment: To be done by Pete Dangermond by request of City staff.
TASK FIVE• MEETINGS
The consultant will be available to meet initially to discuss written format
of the workshops, the OSEAC formation, and to conduct site visits. After the
initial meeting, the consultant will meet with City staff prior to and after
each workshop as determined necessary by the City and the consultant.
Additional meetings would potentially include discussion with City staff
regarding financing mechanisms and the Open Space Element Workbook, or to
resolve unforseen problems.
Assignment: Meetings would be attended by Pete Dangermond with the City making
timely arrangements for such meetings.
workprg.dng
Fnlhbit A
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Exhibit B
COMPENSATION AND WORK SCHEDULE
Work Phase
Complete Research /Review
Complete Initial Design
& Format Of Workshops
Complete Workshops
(Attendence & Facilitiation)
Complete Review & Comment
Of Open Space Documents
a. Financial Study
b. Open Space Element Workbook
Meetings,
Miscellaneous
a. Information to City staff
(as requested by City) 3
b. Travel (based 4on receipts)
c. Food & Lodging
d. Other (as approved by City)
Maximum Comvensat }on
Per Work Phase
$1,800
$1,500
$2,700
$ 500
$1,000
$1,500
$4,000
Totals $ 13,000
The consultant's hourly compensation shall not exceed $100 per hour.
2 Site visits and general meetings before and after workshops and /or to discuss
information or workshop format conducted between the consultant and the City are
represented under this category.
3 Travel expenses shall not exceed $250 per trip unless the trip expense is
authorized in writing by the City prior to the expense being incurred.
4 Food and lodging expenses shall not exceed $200 per day unless the expense is
authorized in writing by the City prior to the expense being incurred.
Exhibit B
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