Resolution 008-1988
Sheila Malloy, Director
Nutrition Program
RESOLUTION NO. 008-1988
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA, AUTHORIZING THE MAYOR/
CHAIRMAN OF THE BOARD TO EXECUTE CONTRACT
#88-3-878 - TITLE III-C-2 BY AND BETWEEN AND THE
AREA AGENCY ON AGING FOR DADE AND MONROE
COUNTIES/UNITED WAY OF DADE COUNTY AND THE MONROE
COUNTY BOARD OF COMMISSIONERS (NUTRITION
PROGRAM) .
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that the Mayor/Chairman of the Board is
hereby authorized to execute Contract #88-3-878 - Title III-C-2
by and between the Area Agency on Aging for Dade and Monroe
Counties/United Way of Dade County and the Monroe County Board of
Commissioners (Nutrition Program), a copy of the same being
attached hereto and made a part hereof.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 5th day of January, 1988.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA,
By:g~ /
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(SEAL)
Attest:DANNY L. KOLHAGE, Clerk
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CLERK
/1S TO
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CONTRACT #
TITLE:
88-3-878
III C-2
OFFICIAL FEDERAL FUNDS CONTRACT
BETWEEN
AREA AGENCY ON AGING FOR DADE & MONROE COUNTIES/
UNITED WAY OF DADE COUNTY, INC.
AND
THIS CONTRACT is entered into between the AREA AGENCY ON AGING FOR
DADE AND MONROE COUNTIES/UNITED WAY OF DADE COUNTY, hereinafter
referred to as the "Area Agency," and MONROE COill\T'fY BOARD OF COMMISSIONERS
(NUTRITION PROGRAM)
, hereinafter referred to as the "Provider".
The Parties agree:
I . The Provider agrees:
A. To provide services according to the conditons specified in Attachment
I.
B. Federal and State Laws and Regulations
1. It this contract contains Federal tunds, the Provider shall comply
with the provisions ot 45 CFR, Part 74, and other applicable
regulations as specified in Attachment I.
2. It this contract contains Federal tunds and is over $100,000, the
Provider shall comply with all applicable standards, orders, or
regulations issued pursuant to the Clean Air Act as amended (42
USC 1857 et seq.) and the Water Pollution Control Act as amended
(33 USC 1388 et seq.).
3. The Provider ~s to complete the Civil Rights Compliance
Questionnaire, BRS Forms 946 A, and B if so requested by the
AAA.
C. Audita and Records
1. To maintain books, records and documents in accordance with
aecountinc procedures and practices which sufficiently and
properly refiect all expenditures ot tunds provided by the Area
Agency under this contract.
2. To assure that these records shall be subject at all times to
inspection, review, or audit by Area Agency and Department ot
Health and Rehabilitative Services, State of Florida, personnel
and other personnel duly authorized by the Department, as well
as by Federal personnel.
3. To maintain and tile with the Area Agency such progress, fiscal,
inventory and other reports as the Area Agency may require
within the period ot this contract.
4. To include these aforementioned audit and recordkeeping requirements
in all approved subcontracts and assignments.
5. To allow public access to all documents, papers, letters or other
material subject to the provisions of Chapter 119, Florida Statutes,
and made or received by the Provider in conjunction with this
contract. It is expressly understood that substantial evidence of
the Provider's refusal to comply with this provision shall constitute
a breach ot contract.
D. Retention ot Records
1. To retain all financial records, supporting documents, statistical
records, and any other documents pertinent to this contract for
a period of five (5) years after termination ot this contract, or
if an audit has been initiated and audit findings have not been
resolved at the end of five (5) years, the records shall be
retained until resolution of the audit findings.
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2. Persons duly authorized by the Area Agency and Federal auditors,
pursuant to 45 CFR, Part 74.24 (a), (b), and (d) shall have
full access to, and the right to examine any of said records and
documents during said retention period.
E. Monitoring
1. To provide progress reports, including data reporting requirements
as specified in Attachment I. These reports will be used for
monitoring progress or performance of the contractual services
as specified in Attachment I.
2. To provide access to, or to furnish whatever information is
necessary to effect this monitoring.
3. To permit the Area Agency to monitor the aforementioned service
program operated by the Provider or subcontractor or assignee
according to applicable regulations of the State and Federal
governments. Said monitoring will include access to all client
records.
F. Indemnification
The Provider shall be Wible, and agrees to be liable for, and shall
indemnify, defend, and hold the Area Agency harmless from all claims,
suits, judgements or damages, including court costs and attorneys'
fees, arising out of negligence or omissions by the Provider in the
course of the operations of this contract.
G. Insurance
The responsibility for providing adequate liability insurance coverage
on a comprehensive basis shall be that of the Provider and shall be
provided at all times during the existence of this contract. Upon the
execution of this contract, the Provider shall furnish the Area Agency
with written verification of the existence of. such insurance coverage.
H. Safeguarding Information
The Provider shall Dot use or disclose any information concerning a
recipient of services under this contract for any purpose not in
conformity with the State Regulations and Federal regulations (45
CFR, Part 205.50), except on written consent of the recipient, or his
responsible parent or guardian when authorized by law.
I. Client Information
The Provider shall submit to the Area Agency management and program
data, inCluding client identitiable data, as specified by the Area
Agency in Attachment I for inclusion in the HRS Client Information
System .
J. Assignments and Subcontracts
The Provider shall neither assign the responsibility of this contract to
another party nor subcontract for any of the work contemplated
under this contract without prior written approval of the Area Agency.
No such approval by the Area Agency of any assignment or subcontract
shall be deemed in any event or in any manner to provide for the
incurrence of any obligation of the Area Agency in addition to the
total dollar amount agreed upon in thi..c; contract. All such assignments
or subcontracts shall be subject to the conditions of this contract
(except Section I, Paragraph 0) and to any conditions of approval
that the Area Agency shall deem necessary.
K. Financial Reports
To provide financial reports to the Area Agency as specified in
A ttachmen t I.
L. Return of Funds
The Provider agrees to return to the Area Agency any overpayments
due to unearned funds or funds disallowed pursuant to the terms of
this contract that were disbursed to the Provider by the Area Agency.
Such funds shall be considered Area Agency funds and shall be
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refunded to the Area Agency. The refund shall be due within 30
days following the end of the contract or at the time the overpayment
is discovered unless otherwise authorized by the Area Agency in
wnting and attached to this contract.
M. Unusual Incident Reporting
If services to clients will be provided under this contract, the Provider
and any subcontractors shall report to the Area Agency unusual
incidents in a manner prescribed in HRSR 0-10-1 dated January 1,
1986.
. oN. Transportation Disadvantaged
If clients will be transported under this contract, the Provider will
subcontract with the designated Community Coordinated Transportation
Provider, or otherwise comply with the provisions of Chapter 427,
Florida Statutes. The Provider shall submit to the department the
reports required pursuant to Volume 10, HRS Accounting Procedures
Manual.
O. Purchasing
It is expressly understood and agreed that any articles which are the
subject of, or required to carry out this contract shall be purchased
from Prison Rehabilitative Industries and Diversified Enterprises, Inc.
(PRIDE) identified under Chapter 946, F .S., in the same manner and
under the procedures set forth in Section 946 .15(2), (4), F. S. and
for purposes of this contract the person, firm, or other business
entity carrying out the provisions of this contract shall be deemed to
be substituted for this agency insofar as dealings with PRIDE. This
clause is not applicable to any subcontractors, unless otherwise
required by law.
II . The Area Agency agrees:
A. Contract Amount
To pay for contracted services according to the conditions of Attachment
I in an amount not to exceed $ 60.043 subject to the
availability of funds. The State of Florida's performance and obligation
to pay under this contract is contingent upon an annual appropriation
by the Leplature.
III . The Provider and Area Agency mutually agree:
A. Effective Date
1. This contract shall begin on 1/1/88 on the date on which
the contract has been signed by both parties, whichever is later.
2.
This contract shall end on
12/31/88
B . Termination
1. Termination at Will
This contract may be terminated by either party upon no less
than thirty (30) days notice, without cause. Said notice shall
be delivered by certified mail, return receipt, requested, or in
. pe~sonwith proof of delivery.
2. Termination Because of Lack of Funds
In the event funds to finance this contract become unavailable,
the Area Agency may terminate the contract upon no less than
twenty-four (24) hours notice in writing to the Provider. Said
notice shall be delivered by certitied mail, return receipt requested,
or in person with proof of delivery. The Area Agency shall be
the final authority as to the availability of funds.
3. Termination for Breach
Unless the Provider's breach is waived by the Area Agency in
writing, the Area Agency may, by written notice of breach to
Provider, terminate this contract upon no less than twenty-four
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(24) hours notice. Said notice shall be delivered by certified
mail, return receipt requested, or in person with proof of delivery.
It applicable, the Area Agency may employ the default provisions
in Chapter 13A-l, Florida Administrative Code. Waiver of breach
of any provision of this contract shall not be deemed to be a
waiver of any other brea<:h and shall not be construed to be a
modification of the terms of the contract. The provisions herein
do not limit the Area Agency's right to remedies at law or to
damages.
C. Notice and Contact
The Contract Manager tor the Area Agency tor this contract is
Paul C. Hunt The representative ot the Provider responsible for
the administration of the program under this contract is Louis LaTorre
In the event that difterent representatives are designated by either
party after execution ot this contract, notice of the name and address of
the new representative will be rendered in writing to the other party
and said notification attached to the originals of this contract.
D. Renegotiation or Modification
1. Modification of provisions ot this contract shall only be valid
when they have been reduced to writing and duly signed. The
parties agree to renegotiate this contract it Federal and/or State
revision ot any applicable laws or regulations, or regulations
makes changes in this contract necessary.
2. It this contract contains a fixed-price method ot payment section,
and the rate ot payment is determined through the appropriations
process, then this contract may be amended to refiect the new
rate established through the appropriations process retroactive
to the eftective date ot this contract.
3. It the contract contains either a cost-reimbursement or a fixed-price
method ot payment, the rate ot payment and the total dollar
amount may be adjusted prospectively to retlect price-level
increases determined through the appropriations process and
subsequently identified in the department's operating budget.
E. Name and Address ot Payee
The name and address ot the otticial payee to whom the payment shall
be made:
MONROE COUNTY BOARD OF Ca.1MISSIONERS
NUTRITION PROGRAM
1315 Whitehead Street
Key West, FL 33041
F. Total Project Cost
The Area Agency share in the total project cost is $ 60 . 043
the Provider's share of the total project cost $ 6,671
for a total project cost ot $ 66,714
G. All Terms and Conditions Indu.ded:
This contract and its attachments as reterenced:
A ttachment I:
A ttachment II:
Conditions
Civil Rights Certificate
Grant Application Package
Attachment III:
Contain all the terms and conditions agreed upon by the parties.
4
IN WITNESS THEREOF, the parties hereto have cased this 10 page
contract to be executed by their undersigned officials as duly authorized.
PROVIDER
AREA AGENCY ON AGING FOR
DADE AND MONROE COUNTIES/
UNITED WAY OF DADE COUNTY
Signature:
Signature:
Name:
Name:
(Please Print)
Title:
Title:
Date:
Date:
FEDERAL ID NUMBER
Paul C. Hunt
( Please Print)
Executive Director
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Final implementation of this contract is subject to:
*Changes in the contract fonnat due to HRS requirements
*Final AM approval of a completed application
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ATTACHMENT I
CONDITIONS
A. Services to be Rendered
1. The attached Application for Title III Funds, (Attachment III) ,and
any revisions thereto approved by the Area Agency, by physical
attachment to this contract, is a part of this legal agreement and
prescribes the services to be rendered by the Provider.
B. . Manner of Service Provision:
1. The services will be provided in a manner consistent with and as
described in the Application For Title III Funds (Attachment III)
and HRSM 140-1.
C. Method of Payment:
1. Payment shall be on an advance and reimbursement basis in accordance
with HRSM Manual 55-1, appendix B: All requests for payments will be
made using HRS Form 578 - Request for Payment - Refund Notice.
Expenditure reports will' be submitted to support requests for payment,
using HRS Form 577 - Report on Receipts and Expenditures. Replication
of both the HRS Form 577 and HRS Form 578 vis data processing equipment
is permissible; replications must include all data elements included
on HRS forms.
2. The provider may request a monthly advance for each of the first
two months of the contract period, based on anticipated cash needs.
All reimbursement requests for the third through the twelfth months
shall be based on the submission of monthly actual expenditure reports
beginning with the first month of the contract.
3. The Provider may request an extraordinary cash in addition to the
above advance requests in accordance with the projected advance
payment and reimbursement schedule contained in the Grant Application
package or as otherwise necessary when approved by the Area Agency.
The term "extraordinary cash" used here means cash needs resulting
from payables due within a given month for items generally paid on a
one-tUDe, non-recurring basis during the contract period. Reimbursement
payments for succeeding months will be reduced by the amount of
extraordinary cash. expended; in accordance with HRSM 55-1, paragraph
5-12.
4. All interest earned on the advance of federal funds may be retained
by the Provider for the purpose of expanding service provision in
accordance with HRSM 55-1, paragraph 4-15.
5. Any payment due under the terms of this contract may be withheld
pending the receipt and approval by the Area Agency of all financial
reports due from the provider an any adjustments thereto.
6. The Provider must submit the final request for payment to the Area
Agency no more than forty-five (45) days after the contract ends or
is terminated; and it the Provider fails to do so, all rights to payment
are forfeited and the Area Agency will not honor any request submitted
after the aforesaid agreed-upon period.
7. The expenditure reports for the final two months of the contract
shall be submitted by the Provider no more than five days after
the end of the contract.
8. All monies which have been paid to the Provider which have not been
used to retire outstanding obligations of the contract being closed out
must be refunded to the Area AGency along with the closeout package
which is due forty-five (45) days after the contract ending date.
9. The Provider agrees to implement the Application for Title III Funding
(Attachment III), according to the distribution of funds as detailed in
the Application for Title III Funding Budget Summary.
6
D. Non-Expendable Property:
1. Non-expendable property is equipment, fixtures. and other tangible
personal property of a non-consumable nature, the value of which is
$200 or more, and the normal operational lite of which is one year or
more. Non-expendable property also includes hard-back covered
books, the value or cost of which is $25 or more.
2. - Prior written approval is required for the purchase of any item of
non-expendable property not included in the approved grant application
package.
3. All such property shall be listed on the property record by description,
manufacturer's model number, serial numbers, date of acquisition and
unit cost, property inventory number and information on the condition,
transfer, replacement or disposition of the property. Such property
shall be inventoried annually, and an inventory report shall be submitted
to the Area Agency annually with updates as property is obtained.
4. Disposition of non-expendable property and unused supplies for
currently funded and/or terminated Service Providers will be in
accordance with HRSM 55-1.
E. Travel:
1. Section 287.058(1)(b), F.S., requires that invoices for any travel
expenses should be retained on tile in an auditable format and paid
in accordance with the rates specified in Section 112.061, F. S. ,
governing payments by the state for travel expenses and HRSM
40-1 (Otticial Travel of HRS Employees and Non-Employees).
2. Receipts for car rental and air transportation are required documents
to be retained on tile to support payment. Other incidental expenses
that require support documents to be retained on file by the Provider
are identified in HRSR 40-1.
3. The Provider must retain on file in an auditable format documentation
of all travel expenses to include the following data elements: name of
traveler, dates of travel, travel destination, purpose of travel, hours
of departure and return, per diem or meals allowance, map mileage
claimed, vicinity mileage, incidental expenses, signature of payee
and payee's supervisor.
4. The Provider may consolidate the travel expense claims for each
individual to include travel for a specific period of time. Consolidated
reports must be supported by a travel log which details each trip
for which travel expense is claimed.
F . Financial Reports
The Provider agrees to provide an accurate, complete and current disclosure
of the ofinancial results of this contract as follows:
1. To submit all requests for payment and expenditure reports according
to the format, schedule and requirements specified in HRSM 55-1.
2. To submit a contract closeout report to the Are& Agency as specified
in HRSM 55-1.
3. A complete and accurate HRS Form 2006. service cost repot must be
submitted to the Area Agency on a quarterly basis. These reports
must be submitted by the Provider no later than the tenth day of the
month following each quarter and should be cumulative from the
beginning of the contract period to the end of the last quarter.
G. Financial and Compliance Audits:
1. The Provider will have an annual financial and compliance audit
covering its entire organization for its fiscal year performed by an
independent auditor for the fiscal year ending after September 30. 1986
and annually thereafter.
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2. The annual financial and compliance audits will be in accordance with
Standards for Audits of Governmental Organizations, Program,
Activities and Functions by the Comptroller General of the United
States, February 27, 1981. The scope of Audits performed will include
only financial and compliance.
3. Local government providers will comply with the Office of
Management and Budget Circular A-128, "Audits of State
and Local Governments" dated April 15, 1985.
4. Nonprofit providers will comply with the Office of Management
and Budget Circular A-nO, "Grants and Agreements with
Institutions of Higher Education, Hospitals and Other Nonprofit
Organizations" .
5. All provider audits (Local Government and Non Profit) will comply
with OMB Circular A-128 sections 5.f.,6,7,8,12,13,14 and 15.
6. Audit work papers and reports will be retained for a minimum of
three years from the date of the audit unless the auditor is notified
by the Area Agency to extend the retention period. Audit workpapers
will be made available upon request to the Area Agency or its designee.
7. Audit reports are due to Area Agency on or by 180 days after the
end of agency's fiscal year.
8. Five copies of the audit report, management letter, other reports
or correspondence related to the audit findings or recommendations
issued in connection with the audit must be sent to the Area Agency.
H. Subcontracts:
Area Agency approval of the application for Title III funding shall not
constitute Area Agency approval of the Provider subcontracts. Prior
Area Agency approval is required.
I. Monitoring:
The Provider agrees to comply with the monitoring reqUirement8 of the
state and the Area Agency in accordance with HRSM 55-1 and HRSM
140-1C.
J. Special Provisions:
1. The following clau8e supersedes Section 111-8-1:
Termination At Will:
This contractmay be terminated by either party upon no leS8 than
thirty (30) days notice pursuant to 45 CFR Part 74; notice shall be
delivered by certified mail, return receipt requested, or in person
with proof of delivery.
2. The Provider and the Area Agency agree to perform the services of
this contract in accordance with all Federal, State, and local laws,
rules, regulations and policies that pertain to Older Americans Act
Funds.
3. The Provider assures that it will not assess nor collect fees from
eligible clients within the Title III, Older Americans Act Program
without prior written approval of the Area Agency.
4. Federal fiscal year funding provided in this contract is subject to
substitution by prior year's carryforward funds in accordance with
procedures identified in HRSM 55-1. The Area Agency has the
authority to re-award to any Provider current year funds de-obligated
by this process. This provision exclues Senior Center Carryforward
Funds.
5. The Provider will assure through contract provision that HRS Client
Information System Data is recorded and submitted to the Department
in accordance with HRSP 50-10.
8
6. Copyrights and Right to Data:
Where activities supported by this project produce original writing,
sound recordings, pictorial reproductions, drawings or other graphic
representation and works of any similar nature, the Area Agency has
the right to use, duplicate and disclose such materials in whole or in
part, in any manner, for any purpose whatsoever and to have others
acting on behalf of the Area Agency do so. If the material is copyrightable,
the provider may copyright such material, with approval of the Area
Agency, but the Area Agency will reserve a royalty-free, non-exclusive
and irrevocable license to reproduce, publish, and use such materials,
in whole or in part, and to authorize others acting on behalf of the
Area Agency to do so.
7. Bonding:
The provider agrees to furnish a bond from a responsible commercial
insurance company covering all officers, employees and agents of the
provider authorized to handle funds received or disbursed under this
contract in amount commensurate with the funds handled, the degree
of risk as determined by the insurance company and consistent with
good business practice.
8. Sponsorship:
The Provider assure that all notices, informational pamphlets, press
releases, advertisements, descriptions of the sponsorship of the program,
research reports, and similar public notices prepared and released by the
Provider, shall include the statement: "Sponsored by the Department of
Health and Rehabilitative Services and the State of Florida". If the
sponsorship reference is in written material, the words, "State of
Florida" shall appear in the same size letters or type as the name of
the organization.
K. Conditions of Award:
1. No later than fifteen (15) days before the effective date of this
contract, the Provider will submit a final, revised and acceptable
application for Title III funding with any changes found to be
necessary for fiDal approval by the Area Agency on Aging.
2. The Provider's contract amount may be revised pending any
chances as a result of Area Agency appeal process.
Upon receipt of any formal written Protest which has been timely
filed, the Area Agency promptly will notify in writing any other
agency or organization that in the judgement of the Area Agency
Contract Manager might be affected by the protest and furnish
copies of all protesting documentation.
If in the sole determination of the Area Agency, a disputed contract award
may result in the interruption of services to elderly clients, the Area
Agency reserves the right to contract with a Provider of choice
on an interim basis to maintain the delivery of services until the
protest is resolved.
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ATTACHMENT II
CIVIL RIGHTS CERTIFICATE
ASSURANCE OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT
OF 1964, SECTION 504 OF THE REHABILIATION ACT OF 1973, TITLE IX
OF THE EDUCATION AMENDMENTS OF 1972, THE AGE DISCRIMINATION
ACT OF' 1975, AND THE OMNIBUS BUDGET RECONCILIATION ACT OF 1981.
The applicant provides this assurance in consideration of and for the purpose
of obtAining Federal grants, loans, contracts (except contracts of insurance
or guaranty), property, discounts, or other Federal tinancial assistance to
programs or activities receiving or benefitting from Federal ~inancial assistance.
The applicant assures that it will comply with:
1. Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d et
seg., which prohibits discrimination on the basis of race, color, or national
origin in programs and activities receiving or benefitting trom Federal
financial assistance.
2. Section 504 of the Rehabilitation Act of 1973, as amended, 29 U. S . C. 794,-
which prohibits discrimination on the basis of handicap in programs and
activities receiving or benefitting from Federal financial assistance.
3. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681
et seq., which prohibits discrimination on the basis of sex in education
programs and activities receiving or benefitting from Federal financial
assistance.
40 The Age Discrimination Act of 1975, as amended, 42 U. S . C 0 6101 et
seq 0' which prohibits discrimination on the basis of age in programs
or activities receiving or benefitting from Federal financial assistance.
5. The Omnibus Budget Reconciliation Act of 1981, PoL. 97-35, which
prohibits discrimination on the basis of sex and reUcfon in programs
and activities receiving or benefitting from Federal financial assistance.
6. All regulations, guidelines, and standards lawtully adopted under the
above statues.
The applicant -.nes that compliance with this assurance constitutes a condition
of continued receipt of or benefit from Federal financial assistance, and that it
is binding upon the applicant, its successors, transferees, and assipees tor
the period during which such assistance is provided. The applicant further
assures that all contractors, subcontractors, sub grantees or others with whom
it arranges to provide services or benefits to participants or employees in
connection with any of its programs and activities are not discriminating against
those participants or employees in violation of the above statutes, reculations,
guidelines, and standards. In the event of failure to comply, the applicant
understands that the Area Agency may, at its discretion, seek a court order
requiring compliance with the terms of this assurance or seek other appropriate
judicial or arllOinistrative relief, to include assistance being terminated and further
assistance being denied 0
IO/liz-a-H
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