12/15/2004 Agreement
Glelt( oflhe
GiFel1 GOln
Danny L. Kolhage
Phone: 292-3550 Fax: 295-3663
Memnrandum
To:
Lynda Stuart, Offzce Manager
Tourist Development Council
Attn:
Maxine Pacini
From:
Isabel C. DeSantis" 0 ~
Deputy Clerk ~
Date:
Thursday, December 23, 2004
At the BOCC meeting on December 15, 2004, the Board approved the following:
Turn Key Events Agreement between Monroe County and Key West Tourist
Development Association, Inc. covering Chicken Fest Key West on June 16-19,2005 in
an amount not to exceed $33,000, FY 2005 DAC I and DAC II Third Penny Event
Resources.
Turn Key Events Agreement between Monroe County and Upper Keys
Community Pool, Inc. covering the Orange Bowl Swimming Event and Winter Training
during December 2005 in an amount not to exceed $30,000, DAC V, FY 2005 Event
Resources.
Destination Events Agreement between Monroe County and the Islamorada
Chamber of Commerce covering the Columbus Day 10K Getaway on October 8, 2005 in
an amount not to exceed $5,000, DAC IV, FY 2005 Event Resources.
Destination Events Agreement between Monroe County and Hog's Breath Saloon
of Key West, Inc. covering the Key West Songwriter's Festival on May 11-15, 2005 in an
amount not to exceed $20,000, DAC I, FY 2005, Third Penny Event Resources.
Waiving of policies and bid process and authorized execution of a Local Market
Report Agreement between Monroe County and Smith Travel Research, Inc. who is the
only entity that provides local reporting specific to Monroe County accommodations and
provides reports pertaining to occupancy and daily average rates on a weekly, montWy
and annual basis to the Monroe County Tourist Development Council. Smith Travel
Research also provides national data. The information is provided to the accommodations
industry in Monroe County and provides the basis for analytical data base information
utilized by the Monroe County Tourist Development Council.
Waiving of policies and bid process and authorized execution of a Contract for
Multilingual Tourist Assistance Agreement between Monroe County and Ameurop Travel
Service who is the only entity that provides multilingual tourist assistance on a 24 hours, 7
../ days a week, 365 days a year. Ameurop Travel Service provides live assistance through
to 1-800-771-KEYS and provides a montWy detailed report.
Attached hereto are two (2) duplicate originals of each document above for your
handling. Should you have any questions concerning the above, please do not hesitate to
contact me at 292-3550.
cc: Finance
County Attorney
File
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THIS AGREEMENT, made and entered into this .if:- day of {)iC--' , 2004,
A.D., by and between MONROE COUNTY, FLORIDA, (hereinafter called County"), and
Ameurop Travel Service, (hereinafter called the "Ameurop Travel Service-).
WHEREAS, the County wishes to enter into this agreement with Ameurop Travel
Service, so that Ameurop Travel Service will provide a multilingual tourist assistance
service for the Florida Keys,
NOW THEREFORE, in consideration of the mutual covenants and provisions
contained herein, the parties agree as follows: That the parties hereto, for the
consideration hereinafter set forth, mutually agree as follow:
1. SCOPE OF WORK
The Ameurop Travel Service shall provide multlllnoual tourist assistance services for
the County as desaibed below:
1. Provide multi-lingual tourist assistance (all major languages of the
world) regarding all questions or problems a visitor may encounter in
the Florida Keys or if the visitor is traveling from or to the Florida
Keys via toll free 800 lines.
2. The service will be available 24 hours; 7 days a week; 365 days a
year.
3. The phones will be answered always live - no recordings.
4. Assistance will be provided in case of medical needs.
5. Assistance will be provided in case of law enforcement needs.
6. language assistance will be provided with business related problems
or inquiries (lodging, attractions, restaurants, shopping, etc.).
7. Directions provided to all areas within the Florida Keys or from the
Florida Keys to include attractions, hotels, diving or boat charters,
restaurants, shops, etc.
8. The calls will have no restrictions in regard to language, duration or
origin of the callers location.
9. The Florida Keys 800 assistance number 1-800-771-KEYS _ an
Ameurop phone assist owned and registered number will be
exclusively used to serve the Florida Keys for the life of the contract
and will be accessible throughout the State of Florida.
10. Ameurop phone assist will provide as many additional phone lines
(same number 1-800-n1-KEYS) and as many additional operators in
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case of any emergency or crisis situation in the Florida Keys as
needed to handle the calls live and with no recordings or busy
signals.
11. Ameurop phone assist will provide monthly call reports in the same
manner as provided so far - listing the callers name, origin, and the
reason for the call. In case of emergency situations like hurricanes,
the reports will show the number of calls - due to the number of
calls as . shown in previous situations- a listing by single name and
call will be impossible.
The Ameurop Travel Service warrants that it is authorized by law to engage in the
performance of the activities herein described, subject to the terms and conditions set
forth in these contract documents. Ameurop Travel Service shall at all times exercise
independent, professional judgment and shall assume professional responsibility for the
services to be provided. Ameurop Travel Service shall provide services using the
following standards, as a minimum requirement:
I. The Ameurop Travel Service shall maintain adequate staffing levels to
provide the services required under the contract.
II. The personnel shall not be employees of or have any contractual
relationship with the County. [IF APPROPRIATE: To the extent that
Ameurop Travel Service uses subcontrador's or independent
Contrador's, this contract specifically requires that the level of
independence normally exercised by such subcontractor's and
independent contrador's be curtailed and that they be supervised by the
Ameurop Travel Service.]
III. All personnel engaged in performing services under this contract shall be
fully qualified, and, if required, to be authorized or permitted under State
and local law to perform such services.
2. MO~THL Y REPORTS
Ameurop Travel Services shall provide to TOC Administrative Office, 1201 White Street,
Suite 102, Key West, Florida, monthly reports and documentation of results of services
every month, within twenty days of the end of the month. Monthly reports shall show, at
a minimum, dates, names, and addresses of the tourist assisted.
3. COMPENSATION
Ameurop Travel Services fee shall be Eighteen Thousand Dollars ($18,000.00) per year
as specified which shall be paid in monthly installments after proof that service has
been provided. Monroe County's performance and obligation to pay under this contract
is contingent upon an annual appropriation by the SOCC.
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3. TERM OF CO~RACT
The term of this contrad is for three years, commencing on the 1- day of December,
2004, and ending on the 30th day of November, 2007, with an option to extend for an
additional~(2)yearperiod.
~URQe TRAVEL SERVICE'S ACCEPTANCE OF CONOITIO~S
A. The Ameurop Travel Service hereby agrees to carefully examine the
specifications for which the Ameurop Travel Service shall provide services and
assumes full responsibility therefore. The provisions of the Contract shall control
any inconsistent proviSions contained in the specifications. Under no
circumstances, conditions, or situations shall this contrad be more strongly
construed against the County than against the Ameurop Travel Service.
B. Any ambiguity or uncertafnty in the specifications shall be interpreted and
construed by the TOC and County, and the County's decision shall be final and
binding upon all parties.
C. The passing, approval, and/or acceptance by the TOC or County of any of the
services funished by the Ameurop Travef Service shall not operate as a waiver
by the County of strid compliance with the terms of this Contrad, and
specifications covering the services. Failure on the part of the Ameurop Travel
Service, immediately after Notice to Corred shall entitle the County, if it sees fit,
to correct the same and recover the reasonable cost of such replacement and/or
repair from the Ameurop Travef Service, who in any event shall be jointly and
severally liable to the County for all damage, loss, and
D. Expense caused to the County by reason of the Ameurop Travel Services breach
of this Contract and/or his failure to comply strictly and in all things with this
Contrad and with the specifications.
E. The Ameurop Travel Service has, and shall maintain throughout the term of this
contract. appropriate licenses and approvals required to COndud its business,
and that it will at all times conduct its business adivities in a reputabfe manner.
Proof of such licenses and approvals shall be submitted to the County upon
request.
5. AMEUROP TRAVEL SERVICE'S FINANCIAL RECORQS
Ameurop Travel Service 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 and audit 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 Ameurop
Travel Service pursuant to this Agreement were spent for purposes not authorized by
this Agreement, the Ameurop Travel Service shall repay the monies together with
interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were
paid to Ameurop Travel Service.
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6. PUBLIC ACCESS
The County and Ameurop Travel Service shall allow and permit reasonable access to,
and inspection of, all documents, papers, letters or other materials in its possession or
under its control subject to the provisions of Chapter 119, Florida Statutes, and made or
received by the County and Ameurop Travel Service in conjunction with this Agreement;
and the County shall have the right to unilaterally cancel this Agreement upon violation
of this provision by Ameurop Travel Service.
7. HO~O HARMLESS
The Ameurop Travel Service covenants and agrees to indemnify and hold harmless
Monroe County Board of County Commissioners and the TOC from any and all claims
for bodily injury (including death), personal injury, and property damage (including
property owned by Monroe County) and any other losses, damages, and expenses
(including attorney's fees) which arise out of, in connedion with, or by reason of
services provided by the Ameurop Travel Service or any of its Subcontrador(s} in any
tier, occasioned by the negligence, errors, or other wrongful act of omission of the
Ameurop Travel Service or its Subcontradors in any tier, their employees, or agents.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement.
8. INDEPENOENTCONTRACTOR
At all times and for all purposes under this agreement the Ameurop Travel Service is an
independent Ameurop Travel Service and not an employee of the Board of County
Commissioners of Monroe County. No statement contained in this agreement shall be
construed so as to find the Arneurop Travel Service or any of his employees,
contrador's, servants, or &gents to be employees of the Board of County
Commissioners of Monroe County.
9. NONDISCRIMINATION
County and Ameurop Travel Service agree that there will be no disaimination
against any person, and it is expressly understOod that upon a determination by a court
of competent jurisdidion that discrimination has occurred, this Agreement automatically
terminates without any further adion on the part of any party, effective the date of the
court order. County or Ameurop Travel Service agree to comply with all Federal and
Florida statutes, and all local ordinances, as applicable, relating to ondiSCrimination.
These include but are not limited to: 1} ntle VI of the Civil Rights Ad of 1964 (PL 88-
352) which prohibits discrimination on the basis of race, color or national origin; 2) ntle
IX of the Educatioo Amendment of 1972, as amended (20 USC ss. 1681 _ 1683, and
1685-1686), which prohibits discrimination on the basis of sex; 3) Sedion 504 of the
Rehabilitation Ad of 1973, as amended (20 USCs.794), which prohibits diSCrimination
on the basis of handicaps; 4) The Age Discrimination Ad of 1975, as amended (42 USC
ss. 6101 - 6107) which prohibits diSCrimination on the basis of age; 5) The Drug Abuse
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Office and Treatment Ad of 1972 (PL 92-255), as amended, relating to
nondisaimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse
and Alcoholism Prevention, Treatment and Rehabilitation Ad of 1970 (PL 91-816), as
amended, relating to nondisaimination on then basis of alcohol abuse or alcoholism; 7)
The Public Health Service Ad of 1912, ss. 523 and 527 (42 USC ss. 69Odd-3 and
290ee-3), as amended, relating to COnfidentiatity of alcohol and drug abuse patent
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 of financing of housing; 9) The
Americans with Oisabilities Ad of 1990 (42 USC's 1201 Note), as maybe amended from
time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County
Code Ch. 13, Art. VI, prohibiting diScrimination on the bases of race, color, sex, religion,
disability, national origin, ancestry, sexual orientation, gender identity or expression,
familial status or age; and 11) Any other nondiscrimination prOviSions in any Federal or
state statutes which may apply to the parties, to, or the subjad matter of, this
Agreement.
10. ASSIGNMENT/SUBCONTRACT
The Ameurop Travel Service shaff not assign or subcontract its obligations under this
agreement, except in writing and with the prior written approval of the Board of COUnty
Commissioners of Monroe County and Ameurop Travel Service, which approval shall
be subjad to such conditions and proviSions as the Board may deem necessary and
pursuant to the recommendation of the County Court Administrative Judge. This
paragraph shalf be incorporated by reference into any assignment or subcontrad and
any assignee or subcontractor shall comply with all of the provisions of this agreement.
Unless expressly provided for therein, such approval shall in no manner or event be
deemed to impose any additional obligation upon the board.
11. COMPLIANCE WITH LAW
In Providing all services/gOOds pursuant to this agreement, the Ameurop Travel Service
shaff abide by aff statutes, ordinances, rules and regulations pertaining to, or regulating
the provisions of, such services, including those now in effad and hereinafter adopted.
Any violation of said statutes, ordinances, rules and regulations shaff constitute a
material breach of this agreement and shalf entitle the Board to terminate this contract
immediately upon delivery of written notice of termination to the Ameurop Travel
Service. The Ameurop Travel Service shaff possess proper licenses to perform work in
accordance with these Specifications throughout the term of this contrad.
12. DISCLOSURE ANO CONFLICT OF INTEREST
The Ameurop Travel Service represents that it, its diredors, principles and employees,
presentfy have no interest and shalf acquire no interest, either direct or indired, which
would conflid in any manner with the performance of services required by this centrad,
as provided in Sed. 112.311, et. seq., Florida Statutes. County agrees that officers and
employees of the County recognize and will be required to comply with the standards of
condud for public officers and employees as delineated in Sedion 112.313, Florida
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Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business
with one's agency; unauthorized compensation; misuse of public position, confliding
employment or contractual relationship; and disclosure or use of certain information.
Upon execution of this contrad, and thereafter as changes may require, the Ameurop
Travel Service shall notify the County of any financial interest it may have in any and all
programs in Monroe County which the Ameurop Travel Service sponsors, endorses,
recommends, supervises, or requires for counseling, assistance, evaluation, or
treatment. This provision shall apply whether or not such program is required by
statute, as a condition of probation, or is provided on a voluntary basis.
The County and Ameurop Travel Service warrant that, in resped to itself, it has neither
employed nor retained any company or person, other than a bona fide employee
working solely for it, to solicit or secure this Agreement and that it has not paid or
agreed to pay any person, company, corporation, individual, or firm, other than a bona
fide employee working solely for it, any fee, commission, percentage, gift, or other
consideration contingent upon or resulting from the award or making of this Agreement.
For the breach or violation of the provision, the Ameurop Travel Service agrees that the
County shall have the right to terminate this Agreement without liability and, at its
discretion, to offset from monies
owed, or otherwise recover, the full amount of such fee, commission, percentage, gift,
or consideration.
13. ARREA~
The Ameurop Travel Service 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. The Ameurop Travel Service further warrants and represents that it has
no obligation or indebtedness that would impair its ability to fulfill the terms of this
centrad.
14. NOTICE REQUIREMENT
Any notice required or permitted under this agreement shall be in writing and hand
delivered or mailed, postage prepaid, to the other party by certified mail, returned
receipt requested, to the following:
FOR COUNTY:
Suzanne Hutton, Assistant County Attorney
PO Box 1026
Key West, Fl. 33041-1026
FOR AMEUROP TRAVEL SERVICE:
Mr. Henry Schrada
Chief Executive Officer
Ameurop Travel Service
1097 W. lake Martha Drive N. E.
Winter Haven, FL 33881
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FOR TOC:
Harold Wheeler
1201 White Street, Suite 102
Key West, FL 33040
15. TAXES
The County is exempt from payment of Florida State Sales and Use taxes. The
Ameurop Travel Service shall not be exempted by virtue of the County's exemption
from paying sales tax to its suppliers for materials used to fulfill its obligations under
this contract, nor is the Ameurop Travel Service authorized to use the County's Tax
Exemption Number in securing such materials. The Ameurop Travel Service shall
be responsible for any and all taxes, or payments of withholding, related to services
rendered under this agreement.
16. T~FU.1INATION
A The County may terminate this contract for cause with seven (7) days notice to
the Ameurop Travel Service. Cause shall constitute a breach of the obligations
of the Ameurop Travel Service to perform the services enumerated as the
Ameurop Travel Services obligations under this contrad.
B. Either of the parties hereto may terminate this contract without cause by giving
the other party sixty (60) days written notice of its intention to do so.
.17. GOVERNING LAW. VENUE. INTERPRETATION. COSTS. AND FEes
A. This Agreement shall be governed by and construed in accordance with the laws
of the State of Florida applicable to contracts made and to be performed entirely in
the State.
B. In the event that any cause of adion or administrative proceeding is instituted
for the enforcement or interpretation of this Agreement, the County and Ameurop
Travel Services agree that venue will lie in the appropriate court or before the
appropriate administrative body in Monroe County, Florida.
C. The County and Ameurop Travel Service 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.
O. Severability. If any term, covenant, condition or provision of this Agreement (or
the application thereof to any circumstance or person) shall be dectared invalid or
unenforceable to any extent by a court of competent jurisdidion, the remaining
terms, covenants, conditions and provisions of this Agreement, shafl not be
affeded 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,
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conditions and provisions of this Agreement would prevent the accomplishment of
the original intent of this Agreement. The County and Ameurop Travel Service
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.
E. Attorney's Fees and Costs. The County and Ameurop Travel Service agree
that in the event any cause of adion or administrative proceeding is initiated or
defended by any party relative to the enforcement or interpretation of this
Agreement, the prevailing party shall be entiUed to reasonable attorney's fees,
court costs, investigative, and out-of-pocket expenses, as an award against the
non-prevailing party, and shall include attorney's fees, courts costs, investigative,
and out-of-pocket expenses in appellate proceedings. 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.
F. Adjudication of Oisputes or Disagreements. County and AMEUROP TRAVEL
SERVICE agree that all disputes and disagreements shaff be attempted to be
resolved by meet and confer sessions between representatives of each of the
parties. If no resolution can be agreed upon within 30 days after the first meet and
confer session, the issue or issues shaff 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 the parties, then any party shall have the right to seek such relief or
remedy as may be provided by this Agreement or by Florida law.
G. Cooperation. In the event any administrative or legal proceeding is instituted
against either party relating to the famation, execution,perfonnance, or breach of
this Agreement, County and AMEUROP TRAVEL SERVICE 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 AMEUROP TRAVEL
SERVICE specifically agree that no party to this Agreement shall be required to
enter into any arbitration proceedings related to this Agreement.
18. BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure
to the benefit of the County and AMEUROP TRAVEL SERVICE and .their respedive
legal representatives, successors, and assigns.
19. 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 adion, as required by law.
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20. CLAI~SEOR FEDERAL OR STATE AID
AMEUROP TRAVEL SERVICE and County agree that each shall be, and is,
empowered to apply for, seek, and obtain federal and state funds to further the purpose
of this Agreement; provided that all applications, requests, grant proposals, and funding
solicitations shall be approved by each party prior to submission.
~1. PRIVILEGES A~O 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 fundions under this
Agreement within the territorial limits of the County shall apply to the same degree and
extent to the performance of such fundions and duties of such officers, agents,
volunteers, or employees outside the territorial limits of the . County.
22. LEGAL OBLIGATIONS AND RESPON~IBILITIE~
Non-Delegation of Constitutional or Statutory Outies. 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 adual 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.
23. NON-~ELIANCE BY NO~-PARTI~~
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 any service or program contemplated hereunder, and the County and the
Ameurop Travel Service agree that neither the County nor the Ameurop Travel Service
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.
24. ATTESTATIONS
Ameurop Travel Service agrees to execute such documents as the County may
reasonably require, to include a Public Entity Crime Statement, an Ethics Statement,
and a Drug-Free Workplace Statement.
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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 subjed 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 any of the parties hereto may execute this Agreement by singing any
such counterpart.
27. INSURANCE
Ameurop Travel Service shall carry during the term of this Agreement general liability
insurance, including bodily injury and property loss damage to cover all claims,
demands or adions by any person or entity in anyway arising from the services
provided. Such liability insurance shall be in an amount not less than $1,000,000.00.
Ameurop Travel Service shall furnish the County with a certificate evidencing the
insurance required by this paragraph upon the signing of this Agreement.
28. SECTION HEAOINGS
Section headings have been inserted in this Agreement as a matter of convenience of
reference only, and it is agreed that such Sedion headings are not a part of this
Agreement and will not be used in the interpretation of any provision of this Agreement.
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the
day and date first written above in four (4) counterparts, each of which shall, without
proof or accounting for the other counterparts, be deemed an original contrad.
Monro~ ~ounty Board of Cou~l ;::' .
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