HomeMy WebLinkAboutItem W05 From: Gomez Krvstal
To: MGT;Agenda Distribution Group;County Attorney;County Commissioners and Aides
Subject: ADD ON ITEM W5 BOCC 07/15/2026 MEETING
Date: Monday,July 13,2026 4:41:12 PM
Attachments:
FDEO Grant#IR045-Tavernier Breakwater Amendment#3-17-15-26).Dd
Good afternoon,
Please be advised, the following Add On Item is set for inclusion day-of meeting prior to
the approval of the Agenda:
"Approval of GrantAmendment#3 to the Tavernier Breakwater Repairs Grant#IR-045
which provides a 4-month extension from September 3, 2026, to January2, 2027, which
is a federal HUD pass-through CDBG-MITgrant from the State of Florida, Department of
Commerce ("Commerce"), formerly known as the Florida Department of Economic
Opportunity(DEO)."
The Agenda Item Summary is attached. Once approved, this will be considered Add On
Item W5.
T-h 2 n�,- 1�0�,
/-,/_TSt2t cOwtez
Executive Administrative Coordinator
Monroe County Administrator's Office
1100 Simonton Street, Suite 2-205
Key West, FL 33040
Office: 305-292-4441
Cell: 305-850-8694
Notary Public
PLEASE NOTE. FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM THE COUNTY REGARDING
COUNTY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON REQUEST. YOUR EMAIL COMMUNICATION MAY BE
SUBJECT TO PUBLIC DISCLOSURE.
COUNTY Nr11�,Ym� � ^ BOARD OF COUNTY COMMISSIONERS
Mayor Michelle Lincoln,District 2
�jj p Mayor Pro Tem David Rice,District 4
i� � Craig Cates,District 1
F �
MONROE James K.Scholl,District 3
Holly Merrill Raschein,District 5
The Florida
Keys
Regular Meeting
July 15, 2026
Agenda Item Number: {{section.number}}{{item.number}}
26-32426
BULK ITEM: Yes DEPARTMENT: Resilience Office
TIME APPROXIMATE: N/A STAFF CONTACT: Rhonda Haag (305)
453-8774
AGENDA ITEM WORDING: Approval of Grant Amendment 43 to the Tavernier Breakwater Repairs
Grant 4IR-045 which provides a 4-month extension from September 3,2026,to January 2, 2027,which
is a federal HUD pass-through CDBG-MIT grant from the State of Florida, Department of Commerce
("Commerce"), formerly known as the Florida Department of Economic Opportunity (DEO).
ITEM BACKGROUND: This grant is a federal HUD pass-through grant through from the State of
Florida, Department of Commerce ("Commerce"), formerly known as the Florida Department of
Economic Opportunity (DEO) under Grant 4IR-045. This Amendment 43 authorizes a time extension
to January 2, 2027.
PREVIOUS RELEVANT BOCC ACTION:
05/20/2021: A Public Hearing for citizens and municipalities to provide input on an application for non-
matching grant funds to repair the Tavernier Breakwater in the amount of $2 Million utilizing
Community Development Block Grant-Disaster Recovery Infrastructure Repair Program funding from
the Florida Department of Economic Opportunity (DEO) funded through the Federal Housing and
Urban Development Agency (HUD), after a duly noticed 10 day public comment period; after a 10 day
public notice and Approval to submit grant application to DEO.
01/22/2021: Receipt of Notice of Intent to Award from DEO for the Tavernier Breakwater Repair
Project.
10/20/21: Approval to enter into a $71,917.50 Task Order 47 to the on-call agreement with Wood
Environment and Infrastructure Solutions, Incorporated for Category C resilience and environmental
services to design and permit the Tavernier Breakwater repairs.
02/16/22: Approval of Revenue Grant 4IR-045 to repair the Tavernier Breakwater for $2,194,599.00
utilizing Community Development Block Grant - Mitigation funding from the Florida Department of
Economic Opportunity (DEO) funded through the Federal Housing and Urban Development Agency
(HUD).
07/20/21: Approval of a$0 Amendment 41 to modify the Citizen Complaint language under CDBG-IT
Grant 4IR-045 for repairs to the Tavernier Breakwater from the Florida Department of Economic
Opportunity (DEO).
11/12/2025: Approval of Grant Amendment 42 to the Tavernier Breakwater Repairs Grant 4IR-045
which provides a 6-month time extension to September 3, 2026 and adds $438,919.00 for a total of
$2,633,518.00 under the grant, funded by a federal HUD pass-through CDBG-MIT grant from the State
of Florida, Department of Commerce ("Commerce"), formerly known as the Florida Department of
Economic Opportunity (DEO); and to authorize the Office of County Attorney to make minor non-
substantive edits to the subject agreement with review and approval as to form, in case minor edits or
clarifications become necessary.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
Time extension from September 3, 2026, to January 2, 2027
STAFF RECOMMENDATION:
Approval
DOCUMENTATION:
IR045-A3 —attorney stamped
FINANCIAL IMPACT:
Effective Date: 07/15/2026
Expiration Date: 01/02/2027
Total Dollar Value of Contract:
Total Cost to County: $0.00
Current Year Portion: $0.00
Budgeted: No
Source of Funds: N/A
CPI: N/A
Indirect Costs: $0.00
Estimated Ongoing Costs Not Included in above dollar amounts: $0.00
Revenue If yes, amount:
Producing: No
Grant: Yes
County Match: No
Docusign Envelope ID: CDE192BF-OOF1-84D8-826D-92C1C3F47A97
Commerce Agreement Number: IR045
AMENDMENT THREE
TO THE FEDERALLY FUNDED
COMMUNITY DEVELOPMENT BLOCK GRANT
MITIGATION PROGRAM (CDBG-MIT)
SUBRECIPIENT AGREEMENT
On March 4,2022,the State of Florida, Department of Commerce ("Commerce"), and the Monroe
County Board of County Commissioners ("Subrecipient") entered into agreement IR045 ("Agreement").
Commerce and the Subrecipient may individually be referred to herein as a "Party" or collectively as the
"Parties."
WHEREAS, Section 5, Modification of Agreement, of the Agreement provides that any amendment to the
Agreement shall be in writing executed by the Parties thereto; and
WHEREAS the Agreement was previously amended on August 4,2022,and December 3,2025; and
WHEREAS the Parties wish to amend the Agreement as set forth herein.
NOW THEREFORE, in consideration of the mutual covenants and obligations set forth herein, the receipt
and sufficiency of which are hereby acknowledged, the Parties agree to the following:
1. Section 3, Period of Agreement, is hereby deleted in its entirety and replaced with thefollowing:
(3) Period of Agreement. This Agreement begins March 4, 2022, (the "Effective Date") and ends
January 2, 2027, unless otherwise terminated as provided in this Agreement.Commerce shall not
grant any extension of this Agreement unless Subrecipient provides justification satisfactory to
Commerce in its sole discretion and Commerce's Deputy Secretary of the Division of Community
Development approves such.
2. Section 19,Attachments, Subsection b,is hereby amended to add the following:
Attachment N -PUR 2024: Use of Coercion for Labor or Services and PUR 2023: Provision of
Commodities Produced by Forced Labor.
3. This Agreement is hereby amended to add the following:
(32) CONTRACTING WITH ENTITIES OF FOREIGN COUNTRIES OF CONCERN PROHIBITED
If applicable, and in accordance with section 287.138, F.S., a contract between a governmental
entity and an entity which would give access to an individually personal identifying information
which is executed, extended, or renewed on or after the dates provided in section 287.138(4),
F.S., must include an attestation by the entity on Form PUR 1355, "Foreign Country of Concern
Attestation Form,"which is incorporated herein by reference.
If applicable, Subrecipient must provide Commerce with a signed Foreign Country of Concern
Attestation Form pursuant to section 287.138(4), F.S., and rule 60A-1.020, F.A.C.
Page 1 of 9
Docusign Envelope ID: CDE192BF-OOF1-84D8-826D-92C1C3F47A97
Commerce Agreement Number: IR045
(33) FOREIGN INFLUENCE
In accordance with section 286.101, F.S., if this Agreement has a value of $100,000 or more,
Subrecipient shall disclose to Commerce any current or prior interest of, any contract with, or
any grant or gift received from a foreign country of concern if such interest, contract, or grant or
gift has a value of$50,000 or more and such interest existed at any time or such contract or grant
or gift was received or in force at any time during the previous five (5) years. The disclosure
requirements are more fully defined within the statute. Subrecipient represents that it is, and for
the duration of this Agreement will remain, in compliance with section 286.101, F.S.
(34) HUMAN TRAFFICKING AND FORCED LABOR
If applicable, and in accordance with section 287.1346(4)(b), F.S. and 787.06, F.S., when an
agreement is executed,renewed,or extended between a nongovernmental entity and a governmental
entity,the nongovernmental entity must provide the governmental entity with an affidavit signed by
an officer or a representative of the nongovernmental entity under penalty of perjury attesting that
the nongovernmental entity does not use coercion for labor or services or that commodities offered
to Commerce have not been produced, in whole or in part, by forced labor as defined in statute.
Subrecipient must provide Commerce with an affidavit signed by an officer or a representative of
Subrecipient on Forms PUR 2023, "Provision of Commodities Produced by Forced Labor" and PUR
2024, "Use of Coercion for Labor or Services Attestation Form," which are incorporated herein by
reference under penalty of perjury (Attachment N) attesting that the Subrecipient does not use
coercion for labor or services or that commodities offered to Commerce have not been produced, in
whole or in part, by forced labor as defined in statute.Commerce may terminate this Agreement at its
sole option if Subrecipient is placed on the forced labor vendor list pursuant to s. 287.1346, F.S.
4. Attachment I,Audit Requirements, is hereby deleted in its entirety and replaced with the attached
Attachment I—Audit Requirements.
5. Attachment J,Audit Compliance Certification, is hereby deleted in its entirety and replaced with
the attached Attachment J-Audit Compliance Certification
6. This Agreement is hereby amended to add the attached Attachment N-PUR 2024: Use of Coercion for
Labor or Services and PUR 2023: Provision of Commodities Produced by Forced Labor.
7. All other terms and conditions of the Subrecipient Agreement not otherwise amended remain in full
force and effect.
^'Remainder of Page Intentionally Left Blank^'
Page 2 of 9
Docusign Envelope ID: CDE192BF-OOF1-84D8-826D-92C1C3F47A97
Commerce Agreement Number: IR045
IN WITNESS HEREOF, by signature below, the Parties agree to abide by the terms, conditions, and
provisions of Commerce Agreement Number IR045,as amended.This Amendment is effective on the date
the last Party signs this Amendment.
MONROE COUNTY BOARD OF COUNTY FLORIDA DEPARTMENT OF COMMERCE
COMMISSIONERS
SIGNED: SIGNED:
MICHELLE LINCOLN J.ALEX KELLY
MAYOR SECRETARY
DATE: DATE:
ONROE COUNTY ATTORNEYS R E Approved as to form and legal sufficiency, subject
APPROVED AS TO FORM only to full and proper execution by the Parties.
STAM0OUNfTYATTORNEY
OFFICE OF GENERAL COUNSEL
CRATE: 7-1 R-9n9n _ FLORIDA DEPARTMENT OF COMMERCE
By:
Approved Date:
Page 3 of 9
Docusign Envelope ID: CDE192BF-OOF1-84D8-826D-92C1C3F47A97
Commerce Agreement No.: IR045
Attachment I—Audit Requirements
.....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
The administration of resources awarded by Commerce to the Subrecipient may be subject to audits and/or
monitoring by Commerce as described in this section.
MONITORING
In addition to reviews of audits conducted in accordance with 2 C.F.R. 200 Subpart F (Audit Requirements) and
section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to,
on-site visits by Commerce staff, limited scope audits as defined by 2 C.F.R. part 200, as revised, and/or other
procedures. By entering into this Agreement, the Subrecipient agrees to comply and cooperate with any
monitoring procedures/processes deemed appropriate by Commerce. In the event Commerce determines that
a limited scope audit of the Subrecipient is appropriate, the Subrecipient agrees to comply with any additional
instructions provided by Commerce staff to the Subrecipient regarding such audit. The Subrecipient further
agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by
the Chief Financial Officer(CFO) or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the Subrecipient is a State or local government, or a non-profit organization as defined
in
2 C.F.R. part 200, as revised.
1. In the event that the Subrecipient expends $1,000,000 or more in federal awards in its fiscal year, the
Subrecipient must have a single or program-specific audit conducted in accordance with the provisions
of 2 CFR 200 Subpart F (Audit Requirements), as revised. In determining the federal awards expended in
its fiscal year, the Subrecipient shall consider all sources of federal awards, including federal resources
received from Commerce. The determination of amounts of federal awards expended should be in
accordance with the guidelines established by 2 C.F.R. 200 Subpart F (Audit Requirements), as revised.
An audit of the Subrecipient conducted by the Auditor General in accordance with the provisions of 2
C.F.R. 200 Subpart F (Audit Requirements), as revised,will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph 1, the Subrecipient shall fulfill
the requirements relative to auditee responsibilities as provided in 2 C.F.R. 200 Subpart F (Audit
Requirements), as revised.
3. If the Subrecipient expends less than $1,000,000 in federal awards in its fiscal year, an audit conducted
in accordance with the provisions of 2 C.F.R. 200 Subpart F (Audit Requirements), as revised, is not
required. In the event that the Subrecipient expends less than $1,000,000 in federal awards in its fiscal
year and elects to have an audit conducted in accordance with the provisions of 2 C.F.R. 200 Subpart F
(Audit Requirements), as revised,the cost of the audit must be paid from non-federal resources(i.e.,the
cost of such an audit must be paid from Subrecipient resources obtained from other than federal
entities).
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Docusign Envelope ID: CDE192BF-OOF1-84D8-826D-92C1C3F47A97
Commerce Agreement No.: IR045
4. Although 2 C.F.R. 200 Subpart F (Audit Requirements) does not apply to commercial (for-profit)
organizations,the pass-through entity has an obligation to ensure that for-profit Sub-subrecipients that
expend $1,000,000 or more in federal awards must comply with federal awards guidelines (see 2 C.F.R.
200.501(h)). Additionally, for-profit entities may be subject to certain specific audit requirements of
individual federal grantor agencies.
Additional Federal Single Audit Act resources can be found at:
https://harvester.census.govJfacweb/Resources.aspx
PART II: STATE FUNDED
This part is applicable if the Subrecipient is a non-state entity as defined by section 215.97(2), F.S.
1. In the event that the Subrecipient expends a total amount of state financial assistance equal to or in excess
of $750,000 in any fiscal year of such Subrecipient, the Subrecipient must have a State single or project-
specific audit for such fiscal year in accordance with section 215.97, F.S.; applicable rules of the Department
of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General. In determining the state financial assistance expended in its
fiscal year, the Subrecipient shall consider all sources of state financial assistance, including state financial
assistance received from Commerce, other state agencies, and other non-state entities. State financial
assistance does not include Federal direct or pass-through awards and resources received by a non-state
entity for federal program matching requirements.
2. In connection with the audit requirements addressed in Part II, paragraph 1, the Subrecipient shall ensure
that the audit complies with the requirements of section 215.97(8), F.S. This includes submission of a
financial reporting package as defined by section 215.97(2), F.S., and Chapters 10.550 (local governmental
entities) or 10.650(nonprofit and for-profit organizations), Rules of the Auditor General.
3. If the Subrecipient expends less than $750,000 in state financial assistance in its fiscal year, an audit
conducted in accordance with the provisions of section 215.97, F.S., is not required. In the event that the
Subrecipient expends less than $750,000 in state financial assistance in its fiscal year and elects to have an
audit conducted in accordance with the provisions of section 215.97, F.S.,the cost of the audit must be paid
from the non-state entity's resources (i.e., the cost of such an audit must be paid from the Subrecipient's
resources obtained from other than State entities).
Additional information regarding the Florida Single Audit Act can be found at:
https://apps.fldfs.com/fsaa/
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding
entity that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by
Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to
section 215.97(8), F.S.,State agencies may conduct or arrange for audits of state financial assistance that
are in addition to audits conducted in accordance with section 215.97, F.S. In such an event, the State
awarding agency must arrange for funding the full cost of such additional audits.)
N/A
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Docusign Envelope ID: CDE192BF-OOF1-84D8-826D-92C1C3F47A97
Commerce Agreement No.: IR045
PART IV: REPORT SUBMISSION
1. Copies of reporting packages, to include any management letter issued by the auditor, for audits conducted
in accordance with 2 C.F.R. 200 Subpart F (Audit Requirements), as revised, and required by PART I of this
Exhibit Agreement shall be submitted by or on behalf of the Subrecipient directly to each of the following at
the address indicated:
A. Florida Department of Commerce
Financial Monitoring and Accountability(FMA)
The copy submitted to the FMA section should be sent via email to: FMA-RWB@commerce.fl.gov
B. The Federal Audit Clearinghouse designated in 2 C.F.R. 200 Subpart F (Audit Requirements), as revised,
electronically at:hops://harvester.census. ov/facweb/
2. Copies of audit reports for audits conducted in accordance with 2 C.F.R. 200 Subpart F(Audit Requirements),
as revised, and required by Part I (in correspondence accompanying the audit report, indicate the date that
the Subrecipient received the audit report); copies of the reporting package described in Section .512(c), 2
C.F.R. 200 Subpart F (Audit Requirements), as revised, and any management letters issued by the auditor;
copies of reports required by Part 11 of this Exhibit must be sent to Commerce at the addresses listed in
paragraph three (3) below.
3. Copies of financial reporting packages required by PART 11 of this Agreement shall be submitted by or on
behalf of the Subrecipient directly to each of the following:
A. Commerce at the following address:
Electronic copies: Audit@commerce.fl. ov
B. The Auditor General's Office at the following address:
Auditor General
Local Government Audits/342
Claude Pepper Building, Room 401
111 West Madison Street
Tallahassee, FL 32399-1450
Email Address:flaudgen localgovt@aud.state.fLus
4. Any reports, management letter, or other information required to be submitted to Commerce pursuant to
this Agreement shall be submitted timely in accordance with 2 C.F.R. part 200 subpart F, section 215.97 F.S.,
and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules
of the Auditor General, as applicable.
5. Subrecipients and Sub-subrecipients, when submitting financial reporting packages to Commerce for audits
done in accordance with Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General, should indicate the date that the reporting package was
delivered to the Subrecipient/Sub-subrecipient in correspondence accompanying the reporting package.
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Docusign Envelope ID: CDE192BF-OOF1-84D8-826D-92C1C3F47A97
Commerce Agreement No.: IR045
PART V: RECORD RETENTION
The Subrecipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement
for a period of six(6)years from the date the audit report is issued, or five(5)state fiscal years after all reporting
requirements are satisfied and final payments have been received, or for a period of three (3) years from the
date that Commerce closes out the CDBG program year(s) from which the funds were awarded by the U.S.
Department of Housing and Urban Development, whichever period is longer, and shall allow Commerce, or its
designee,the Chief Financial Officer(CFO), or Auditor General access to such records upon request. In addition,
if any litigation, claim, negotiation, audit, or other action involving the records has been started prior to the
expiration of the controlling period as identified above, the records shall be retained until completion of the
action and resolution of all issues which arise from it, or until the end of the controlling period as identified
above, whichever is longer. The Subrecipient shall ensure that audit working papers are made available to
Commerce, or its designee, CFO, or Auditor General upon request for a period of six(6)years from the date the
audit report is issued, unless extended in writing by Commerce.
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Docusign Envelope ID: CDE192BF-OOF1-84D8-826D-92C1C3F47A97
Commerce Agreement Number: IR045
Attachment J-Audit Compliance Certification
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Email a copy of this form within 60 days of the end of each fiscal year in which this subgrant was open to
audit@commerce,fl,gov.
Subrecipient:
FEIN: Subrecipient's Fiscal
Year:
Contact Name: Contact's Phone:
Contact's Email:
1. Did the Subrecipient expend state financial assistance, during its fiscal year,that it received under any
agreement(e.g.,contract,grant,memorandum of agreement, memorandum of understanding,economic
incentive award agreement,etc.) between the Subrecipient and the Florida Department of Commerce
(Commerce)? ❑ Yes ❑ No
If the above answer is yes,answer the following before proceeding to item 2.
Did the Subrecipient expend $750,000 or more of state financial assistance(from Commerce and all other
sources of state financial assistance combined)during its fiscal year? ❑ Yes ❑ No
If yes,the Subrecipient certifies that it will timely comply with all applicable State single or project-
specific audit requirements of section 215.97, Florida Statutes,and the applicable rules of the
Department of Financial Services and the Auditor General.
2. Did the Subrecipient expend federal awards during its fiscal year that it received under any agreement(e.g.,
contract,grant,memorandum of agreement, memorandum of understanding,economic incentive award
agreement,etc.) between the Subrecipient and Commerce? ❑ Yes ❑ No
If the above answer is yes,also answer the following before proceeding to execution of this certification:
Did the Subrecipient expend $1,000,000 or more in federal awards(from Commerce and all other sources
of federal awards combined)during its fiscal year? ❑ Yes ❑ No
If yes,the Subrecipient certifies that it will timely comply with all applicable single or program-specific
audit requirements of 2 C.F.R.part 200,subpart F,as revised.
By signing below,I certify,on behalf of the Subrecipient,that the above representations for items 1 and 2 are
true and correct.
Signature of Authorized Representative Date
Printed Name of Authorized Representative Title of Authorized Representative
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Docusign Envelope ID: CDE192BF-OOF1-84D8-826D-92C1C3F47A97
Commerce Agreement Number: IR045
Attachment N
PUR 2024: Use of Coercion for Labor or Services
Pursuant to section 787.06(14),Florida Statutes,this portion of the form must be completed by an officer or representative
of the nongovernmental entity executing,renewing,or extending a contract with a governmental entity.
The entity named below does not use coercion for labor or services as defined in section 787.06,Florida Statutes.
Under penalties of perjury,I declare that I have read the foregoing statement and that the facts stated in it are true.
Entity Name:
Representative/Officer's Printed Name:
Representative/Officer's Title:
Signature: Date:
PUR 2023:Provision of Commodities Produced by Forced Labor
Pursuant to section 287.1346(4)(b), Florida Statutes, this portion of the form must be completed by a member of the
company's senior management,as defined in section 287.1346,F.S.,when the company submits a response to a solicitation
for the provision of commodities and before the company enters into or renews a contract for the provision of commodities.
As defined in section 287.1346(c), Florida Statutes, "Senior management" includes chief executive officers; assistant chief
executive officers, including, but not limited to, assistant presidents, vice presidents, or assistant treasurers; chief financial
officers; chief personnel officers;or any employee of an entity performing similar functions.
I certify that to the best of my knowledge,the commodities the entity named below is offering to the Department have not
been produced,in whole or in part,by forced labor.
Entity Name:
Senior Management's Printed Name:
Senior Management Member's Title:
Signature: Date:
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