Item C14M
C ounty of f Monroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor George Neugent, District 2
The Florida. Ke Se
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Mayor Pro Tern David Rice, District 4
Danny L. Kolhage, District I
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
May 17, 2017
Agenda Item Number: C.14
Agenda Item Summary #2954
BULK ITEM: Yes DEPARTMENT: Airports
TIME APPROXIMATE: STAFF CONTACT: Donald DeGraw (305) 809 -5200
none
AGENDA ITEM WORDING: Approval to waive bid irregularities, to award bid and execute
contract with Integrated Fire & Security Solutions (IFSS) for the Emergency Alert System project at
the Key West International Airport in the amount of $175,000.00 to be funded by Passenger Facility
Charge #16 (100 %).
ITEM BACKGROUND: The County issued a bid solicitation for an Emergency Alert System at
the Key West International Airport and received bid proposals from 2 respondents. The higher bid
proposal was received from KOVA Corporation in the amount of $325,000 and exceeds the amount
budgeted for the work by $65,000.
The lower bid proposal was submitted by IFSS and is within budget however, the respondent
omitted the following required information:
1. List of maj or projects for the last 10 years.
2. List of equipment or the latest financial statement.
In addition, NEITHER bidder met the DBE requirement.
The omitted information would help staff evaluate the bidder's ability to perform the work required,
but IFSS is also the airport's current security system maintenance contractor and has been since at
least 2010. As such, the omission of the required information does not prevent staff form evaluating
the bidder's ability to perform the work since staff has worked with IFSS for at least the last 8 years
and is well aware of the low bidder's ability to perform. Based on the foregoing, staff recommends
that the county waive the irregularity and award the contract to the low bidder — IFSS.
PREVIOUS RELEVANT BOCC ACTION: November 22, 2016 BOCC meeting — approval to
advertise for bids for an Emergency Alert System at the Key West International Airport.
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
IFSS - EYW Emergency Alert System
FINANCIAL IMPACT:
Effective Date: Upon Notice to Proceed (NTP)
Expiration Date: 180 days after NTP
Total Dollar Value of Contract: $175,000.00
Total Cost to County: n/a
Current Year Portion:
Budgeted: Yes
Source of Funds: PFC #16 (100 %)
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
REVIEWED BY:
Beth Leto
Completed
05/01/2017 2:11 PM
Donald DeGraw
Completed
05/01/2017 4:02 PM
Pedro Mercado
Completed
05/01/2017 4:10 PM
Budget and Finance
Completed
05/01/2017 4:17 PM
Maria Slavik
Completed
05/01/2017 4:20 PM
Kathy Peters
Completed
05/01/2017 4:42 PM
Board of County Commissioners
Pending
05/17/2017 9:00 AM
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Jacobs
Key West International Airport
Monroe County
Emergency Alert System
S E C T I O N D
C ON T RAC T TO
Emergency Alert System
Key West International Airport
THIS AGREEMENT made and entered into the 17th day of May, 2017
by and between.
Integrated Fire & Security Solutions Inc.
and the Monroe County Board of Commissioners, Key West, Florin, Owner.
WITNESSETH:
10/16
Contractor
That the Contractor, for the consideration hereinafter fully set out hereby agrees with the
Owner as follows:
That the Contractor, shall furnish all the materials, and perform all of the work in
the manner and form as provided by the following enumerated Instruction
to Bidders, Form of Proposal, General Provisions, Special Provisions, Technical
Specifications, Form of Contract, Form of Bond, Drawings and Addenda,
which are attached hereto and made a part hereof, as if fully contained herein,
for the construction of:
Emergency Alert System
Key West International Airport
Monroe County, Florida
2. That the Contractor shall commence the work to be performed under
this agreement on a date to be specified in a written order of the Owner and
shall fully complete the base bid hereunder within the calendar days shown
below from the Notice -to- Proceed (Construction) as per Special Provision No. 2.
3
Bid Element
Duration (Days
Base Bid
180
The Owner hereby agrees to pay to the Contractor for the faithful performance of
the agreement, subject to additions and deductions as provided in
the specifications or proposal in lawful money of the United States as follows:
Approximately One hundred seventy five thousand Dollars
($ 175,000.00 } in accordance with lump sum and unit prices set forth
in the proposal.
4. A. Owner's performance and obligation to pay under this agreement, is
contingent upon annual appropriation by the Board of County Commissioners.
B. Owner shall pay in accordance with the Florida Local Government Prompt
BIDDING RGQUIREMENI'S AND CONTRACT FORMS
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Jacobs Key West International Airport 10116
Monroe County
Emer c�encv Alert System
Payment Act; payment to the Contractor, less 10% to be withheld as retainage,
will be made after delivery and inspection by Owner and upon submission of
invoice by Contractor.
C. Contractor shall submit to Owner invoices with supporting documentation
acceptable to the Clerk, on a MONTHLY schedule in arrears. Acceptability to
the Clerk is based on generally accepted accounting principles and such laws,
rules and regulations as may govern the Clerk's disbursal of funds.
5. Upon submission by the Contractor of evidence satisfactory to the Owner that all
payrolls, material bills and other costs incurred by the Contractor in
connection with the construction of the work have been paid in full, final payment
on account of this agreement shall be made within twenty (20) days after the
completion by the Contractor of all work covered by this agreement and the
acceptance of such work by the Owner.
6. It is mutually agreed between the parties hereto that time is of the essence in
this contract and in the event the construction of the work is not completed
within the time herein specified, it is agreed that from the compensation
otherwise to be paid to the Contractor, the Owner may retain the
amounts described in the Liquidated Damages, Special Provision No. 3, per
day for each day thereafter, Sundays and holidays included, that the work
remains uncompleted, which sum shall represent the actual damages which the
Owner will have sustained per day by failure of the Contractor to complete the
work within the time stipulated and this sum is not a penalty being the
stipulated damages the Owner will have sustained in the event of such
default by the Contractor.
7. It is further mutually agreed between the parties hereto that if at any time
after the execution of this agreement and the surety bond hereto attached
for its faithful performance, the Owner shall deem the surety or sureties
upon such bond to be unsatisfactory, or if, for any reason, such bond ceases to
be adequate to cover the performance of the work, the Contractor shall, at its
expense within five (5) days after the receipt of notice from the Owner so
to do, furnish an additional bond or bonds in such form and amount and
with such surety or sureties as shall be satisfactory to the Owner. In such
event, no further payment to the Contractor shall be deemed to be due under
this agreement until such new or additional security for the faithful performance
of the work shall be furnished in manner and form satisfactory to the Owner.
8. MAINTENANCE OF RECORDS Contractor shall maintain all books, records and
documents directly pertinent to performance under this Agreement in accordance
with generally accepted accounting principles consistently applied. Each party to
this Agreement or their authorized representatives shall have reasonable
and timely access to such records of each other party to this Agreement for
public records purposes during the term of the Agreement and for four years
following the termination of this Agreement. If an auditor employed by the County
or Clerk determines that monies paid to Contractor pursuant to this
Agreement were spent for purposes not authorized by this Agreement, the
Contractor shall repay the monies together with interest calculated pursuant
to Sec. 55,03, Florida Statutes, running from the date the monies were paid to
BIDDING REQUIREMENTS AND CONTRACT FORMS ?_1
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Jacobs Key West International Airport 1 0-16
Monroe County
Emergency Alert System
Contractor.
9. PUBLIC ACCESS. Public Records Compliance. Contractor must comply
with Florida public records laws, including but not limited to Chapter 119,
Florida Statutes and Section 24 of article l of the Constitution of Florida. The
Owner and Contractor shall allow and permit reasonable access to, and
inspection of, all documents, records, papers, letters or other "public record"
materials in its possession or under its control subject to the provisions of
Chapter 119, Florida Statutes, and made or received by the Owner and
Contractor in conjunction with this contract and related to contract
performance. The Owner shall have the right to unilaterally cancel this
contract upon violation of this provision by the Contractor. Failure of the
Contractor to abide by the terms of this provision shall be deemed a material
breach of this contract and the Owner may enforce the terms of this
provision in the form of a court proceeding and shall, as a prevailing party,
be entitled to reimbursement of all attorney's fees and costs associated with
that proceeding. This provision shall survive any termination or expiration of
the contract.
The Contractor is encouraged to consult with its advisors about Florida
Public Records Law in order to comply with this provision.
Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the
Contractor is required to:
(1) Keep and maintain public records that would be required by the
Owner to perform the service.
(2) Upon receipt from the Owner's custodian of records, provide the
Owner with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not
exceed the cost provided in this chapter or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt
from public records disclosure requirements are not disclosed except as
authorized by law for the duration of the contract term and following
completion of the contract if the contractor does not transfer the records to
the Owner.
(4) Upon completion of the contract, transfer, at no cost, to the Owner all
public records in possession of the Contractor or keep and maintain public
records that would be required by the Owner to perform the service. If the
Contractor transfers all public records to the Owner upon completion of the
contract, the Contractor shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure
requirements. If the Contractor keeps and maintains public records upon
completion of the contract, the Contractor shall meet all applicable
requirements for retaining public records. All records stored electronically
must be provided to the Owner, upon request from the Owner's custodian
of records, in a format that is compatible with the information technology
systems of the Owner.
(5) A request to inspect or copy public records relating to an Owner
contract must be made directly to the Owner, but if the Owner does not
possess the requested records, the Owner shall immediately notify the
Contractor of the request, and the Contractor must provide the records to
the Owner or allow the records to be inspected or copied within a
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BIDDING REQUIREMENTS AND CONTRACT FORMS U ]1 -19
Jacobs Key West International Airport 10 %35
Monroe County
Emergency Alert System
reasonable time.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS, BRIAN BRADLEY, AT (305) 292 -3470
10. HOLD HARMLESS AND INSURANCE Notwithstanding any
minimum insurance requirements prescribed elsewhere in this
agreement, Contractor shall defend, indemnify and hold the County
and the County's elected and appointed officers and employees
harmless from and against (i) any claims, actions or causes of
action, (ii) any litigation, administrative proceedings, appellate
proceedings, or other proceedings relating to any type of injury
(including death), loss, damage, fine, penalty or business
interruption, and (iii) any costs or expenses (including, without
limitation, costs of remediation and costs of additional security
measures that the Federal Aviation Administration, the
Transportation Security Administration or any other
governmental agency requires by reason of, or in connection
with a violation of any federal law or regulation, attorneys' fees and
costs, court costs, fines and penalties) that may be asserted
against, initiated with respect to, or sustained by, any
indemnified party by reason of, or in connection with, (A)
any activity of Contractor or any of its employees, agents,
contractors or other invitees on the Airport during the term of this
Agreement, (B) the negligence or willful misconduct of
Contractor or any of its employees, agents, contractors or other
invitees, or (C) Contractor's default in respect of any of the obligations
that it undertakes under the terms of this Agreement, except to the
extent the claims, actions, causes of action, litigation,
proceedings, costs or expenses arise from the intentional or sole
negligent acts or omissions of the County or any of its employees,
agents, contractors or invitees (other than CONTRACTOR). Insofar
as the claims, actions, causes of action, litigation,
proceedings, costs or expenses relate to events or
circumstances that occur during the term of this Agreement, this
section will survive the expiration of the term of this Agreement or any
earlier termination of this Agreement.
In the event the completion of the project (including the work of others) is
delayed or suspended as a result of the Contractor's failure to purchase or
maintain the required insurance, the Contractor shall indemnify
the County from any and all increased expenses resulting from such
delay.
The first ten ($10.00) of remuneration paid to the Contractor is
for the indemnification provided for above.
BIDDING REQUIREMENTS AND CONTRACT FORMS ?11-20
Jacobs Key West International Airport 1016
Monroe County
Emergency Alert System
The extent of liability is in no way limited to, reduced, or lessened
by the insurance requirements contained elsewhere within this
agreement.
CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall
be provided to the COUNTY at the time of execution of this Agreement
and certified copies provided if requested. Each policy certificate shall be
endorsed with a provision that not less than thirty (30) calendar days'
written notice shall be provided to the COUNTY before any policy or
coverage is canceled or restricted. The underwriter of such insurance
shall be qualified to do business in the State of Florida. If requested by
the County Administrator, the insurance coverage shall be primary
insurance with respect to the COUNTY, its officials, employees,
agents and volunteers. Failure of CONTRACTOR to comply
with the requirements of this section shall be cause for immediate
termination of this agreement.
11. NON - WAIVER OF IMMUNITY: Notwithstanding the provisions of Sec.
768.28, Florida Statutes, the participation of COUNTY and
CONTRACTOR in this Agreement and the acquisition of any commercial
liability insurance coverage, self- insurance coverage, or local government
liability insurance pool coverage shall not be deemed a waiver of
immunity to the extent of liability coverage, nor shall any Agreement
entered into by the COUNTY be required to contain any provision for
waiver.
12. NO PLEDGE OF CREDIT CONTRACTOR shall not pledge the
COUNTY'S credit or make it a guarantor of payment or surety for
any contract, debt, obligation, judgment, lien, or any form of
indebtedness. CONTRACTOR further warrants and represents that it
has no obligation or indebtedness that would impair its ability to fulfill
the terms of this contract.
13. NOTICE REQUIREMENT Any notice required or permitted
u n d e r, to the following:
FOR COUNTY (FILL IN)
Key West International Airport
Director of Airports
3491 South Roosevelt Blvd.
Key West,
Florida
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33041
FOR CONTRACTOR:
BIDDING REQUIREMENTS AND CONTRACT FORMS II -21
Jacobs Key West International Airport 10116
Monroe County
Emergency Alert System
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14. GOVERNING LAW, VENUE, AND INTERPRETATION This Agreement
shall be governed by and construed in accordance with the laws of the
State of Florida applicable to Agreements made and to be performed
entirely in the State. In the event that any cause of action or administrative
proceeding is instituted for the enforcement or interpretation of this
Agreement, the COUNTY and CONTRACTOR agree that venue will
lie in the appropriate court or before the appropriate administrative body in
Monroe COUNTY, Florida.
16. MEDIATION The COUNTY and CONTRACTOR agree that, in the
event of conflicting interpretations of the terms or a term of this Agreement
by or between any of them the issue shall be submitted to mediation
prior to the institution of any other administrative or legal proceeding.
Mediation proceedings initiated and conducted pursuant to this
Agreement shall be in accordance with the Florida Rules of Civil
Procedure and usual and customary procedures required by the circuit
court of Monroe County.
16. SEVERABILITY If any term, covenant, condition or provision of this
Agreement (or the application thereof to any circumstance or person)
shall be declared invalid or unenforceable to any extent by a court of
competent jurisdiction, the remaining terms, covenants, conditions and
provisions of this Agreement, shall not be affected thereby; and each
remaining term, covenant, condition and provision of this Agreement
shall be valid and shall be enforceable to the fullest extent permitted by
law unless the enforcement of the remaining terms, covenants,
conditions and provisions of this Agreement would prevent the
accomplishment of the original intent of this Agreement. The COUNTY and
CONTRACTOR agree to reform the Agreement to replace any stricken
provision with a valid provision that comes as close as possible to the intent
of the stricken provision.
17. ATTORNEY'S FEES AND COSTS COUNTY and CONTRACTOR agree
that in the event any cause of action or administrative proceeding
is initiated or defended by any party relative to the enforcement or
interpretation of this Agreement, the prevailing party shall be entitled to
reasonable attorney's fees and attorney's fees, in appellate proceedings.
Each party agrees to pay its own court costs, investigative, and out -of-
pocket expenses whether it is the prevailing party or not, through all levels
of the court system.
1$. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONTRACTOR agree that all disputes and disagreements
shall be attempted to be resolved by meet and confer sessions between
representatives of each of COUNTY and CONTRACTOR. If no resolution
BIDDING REQUIREMENTS AND CONTRACT FORMS f� # 1-22
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Jacobs Key West Inteniational Airport
Monroe County
)emergency Alert System
can be agreed upon within 30 days after the first meet and confer
session, the issue or issues shall be discussed at a public meeting
of the Board of County Commissioners. If the issue or issues are still
not resolved to the satisfaction of COUNTY and CONTRACTOR,
then any party shall have the right to seek such relief or remedy as may be
provided by this Agreement or by Florida law.
19. COOPERATION In the event any administrative or legal proceeding is
instituted against either party relating to the formation, execution,
performance, or breach of this Agreement, COUNTY and CONTRACTOR
agree to participate, to the extent required by the other party, in all
proceedings, hearings, processes, meetings, and other activities related
to the substance of this Agreement or provision of the services under this
Agreement. COUNTY and CONTRACTOR specifically agree that no party to
this Agreement shall be required to enter into any arbitration proceedings
related to this Agreement.
20. BINDING EFFECT: The terms, covenants, conditions, and provisions of this
Agreement shall bind and inure to the benefit of COUNTY and
CONTRACTOR and their respective legal representatives, successors, and
assigns.
21. AUTHORITY. Each party represents and warrants to the other that
the execution, delivery and performance of this Agreement have
been duly authorized by all necessary County and corporate action, as
required by law.
22. PRIVILEGES AND IMMUNITIES: All of the privileges and immunities
from liability, exemptions from laws, ordinances, and rules and pensions and
relief, disability, workers compensation, and other benefits which apply to the
activity of officers, agents, or employees of any public agents or
employees of the COUNTY, when performing their respective functions
under this Agreement within the territorial limits of the COUNTY shall
apply to the same degree and extent to the performance of such functions
and duties of such officers, agents, volunteers, or employees outside the
territorial limits of the COUNTY.
23. LEGAL OBLIGATIONS AND RESPONSIBILITIES: This Agreement is
not intended to, nor shall it be construed as, relieving any participating
entity from any obligation or responsibility imposed upon the entity by law
except to the extent of actual and timely performance thereof by any
participating entity, in which case the performance may be offered in
satisfaction of the obligation or responsibility. Further, this Agreement is
not intended to, nor shall it be construed as, authorizing the delegation of
the constitutional or statutory duties of the COUNTY, except to the extent
permitted by the Florida constitution, state statute, and case law.
10116
24. NON - RELIANCE BY NON - PARTIES; No person or entity shall be entitled to
rely upon the terms, or any of them, of this Agreement to enforce or
attempt to enforce any third -party claim or entitlement to or benefit of
BIDDING REQUIREMENTS AND CONTRACT FORMS II -23
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Jacobs Key West International Airport 10116
Monroe County
Emergency Alert System
any service or program contemplated hereunder, and the COUNTY and
the CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR or
any agent, officer, or employee of either shall have the authority to inform,
counsel, or otherwise indicate that any particular individual or group of
individuals, entity or entities, have entitlements or benefits under this
Agreement separate and apart, inferior to, or superior to the community in
general or for the purposes contemplated in this Agreement.
25. NO PERSONAL LIABILITY: No covenant or agreement contained herein
shall be deemed to be a covenant or agreement of any member, officer,
agent or employee of Monroe County in his or her individual capacity, and no
member, officer, agent or employee of Monroe County shall be liable personally
on this Agreement or be subject to any personal liability or accountability by
reason of the execution of this Agreement.
26. EXECUTION IN COUNTERPARTS: This Agreement may be executed in any
number of counterparts, each of which shall be regarded as an original, all of
which taken together shall constitute one and the same instrument and
COUNTY and CONTRACTOR hereto may execute this Agreement by signing
any such counterpart.
27. NON - DISCRIMINATION: Contractor agrees that there will be no discrimination
against any person, and it is expressly understood that upon a determination by
a court of competent jurisdiction that discrimination has occurred, this
Agreement automatically terminates without any further action on the part of
any party, effective the date of the court order. Contractor agrees to comply
with all Federal and Florida statutes, and all local ordinances, as applicable,
relating to nondiscrimination. These include but are not limited to: 1) Title VI of
the Civil Rights Act of 1964 (PL 88 -352) which prohibits discrimination on the
basis of race, color or national origin; 2) Title IX of the Education Amendment of
1972, as amended (20 USC ss. 1681 -1683, and 1685 - 1686), which prohibits
discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of
1973, as amended (20 USC s. 794), which prohibits discrimination on the basis
of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss.
6101 -6107) which prohibits discrimination on the basis of age; 5) The Drug
Abuse Office and Treatment Act of 1972 (PL 92 -255), as amended, relating to
nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol
Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970
(PL 91 -616), as amended, relating to nondiscrimination on the basis of alcohol
abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527
(42 USC ss. 690dd -3 and 290ee -3), as amended, relating to confidentiality of
alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of
1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale,
rental or financing of housing; 9) The Americans with Disabilities Act of 1990
(42 USC s. 1201 Note), as maybe amended from time to time, relating to
nondiscrimination on the basis of disability: 10) Any other nondiscrimination
provisions in any Federal or state statutes which may apply to the parties to, or n
the subject matter of, this Agreement.
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BIDDING REQUIREMENTS AND CONTRACT FORMS
Jacobs
Key West International Airport
Monroe County
Emergency Alert System
.
IN WITNESS WHEREOF the parties hereto have executed this agreement on the day and
date first above written in two (2) counterparts, each of which shall, without proof or accounting
for the other counterpart, be deemed an original contract.
a-F o (AN o>i"mN (Monroe County Board of
Commissioners)
By: By:
Title.' Title:
WITNESS: ��,,� % WITNESS:
--
STATE OF FLORIE)
COUNTY OF Afe
I, the undersigned authority, a Notary Public in and for said County and State hereby certify
that A &ft � 4Y son whose name as C O1) of
_Z V_ 55 i s signed to the foregoing instrument and who
is known to me, acknowledged before me on this day that being informed of the contents
of the within instrument, he, in his capacity as such, executed the same voluntarily on the
date the same bears date.
Given under my hand and seal this I day of 20A.
*Who is authorized by the corporation to execute this contract.
Chad Taylor
NOTARY PUBLIC
STATE OF FLORIDA
Commit GG007576
Expires 6/30/2020
BIDDING REQUIREMENTS AND CONTRACT FORMS
II -25
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