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HomeMy WebLinkAboutContract ; CAG-18-070 King County Youth and Amateur Sports Grant Agreement Get Active / Stay Active Project Department/Division: Natural Resources and Parks / Parks and Recreation Division Agency: City of Renton Project: Sunset Neighborhood Pk Ph. II Amount: $ $175,000.00 Project: 1133467 Contract: 6004648 Term Period: January 1,2018 To December 31, 2019 THIS CONTRACT is entered into by KING COUNTY (the "County"), and City of Renton (the "Agency"), whose address is: 1055 S. Grady Way Renton, WA 98057 WHEREAS, the Agency is either a public agency or a non-profit organization that provides youth or amateur sports opportunities or are acts as a fiscal sponsor for such project; WHEREAS, King County has selected the identified Agency to receive a Youth and Amateur Sports Fund ("YASF") Grant award to assist in projects that provide increased athletic opportunities for the citizens of King County, Washington; WHEREAS,the Agency shall utilize the award to address an athletic need in King County; and WHEREAS, King County is authorized to administer the YASF grant project and enter into agreements for the use of King County funds by public agencies or not-for-profit organizations to provide a service to the public under King County Ordinance 18409; NOW THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties covenant and do mutually agree as follows: The Agency shall provide services and comply with the requirements set forth hereinafter and in the following attached exhibits, which are incorporated herein by reference: ® Scope of Services Attached hereto as Exhibit I Budget Attached hereto as Exhibit II 2. TERM OF CONTRACT This Agreement shall commence on January 1, 2018, and shall expire on the December 31, 2019, unless extended or earlier terminated, pursuant to the terms and conditions of this Agreement. 3. PREMISES This grant project is located at: 2680 Sunset Lane NE, 4. PARTIES All communication, notices, coordination, and other tenets of this Agreement shall be managed by: On behalf of County: Butch Lovelace, YSFG Project Manager King County Parks and Recreation Division 201 South Jackson Street, Suite 700 Seattle, WA 98104-3855 Email: butch.lovelace@,kingcounty.gov Phone: 206.477.4577 On behalf of Agency: Leslie Betlach Planning and Natural Resources Director 1055 S. Grady Way Renton, WA 98057 Email: Lbetlach@Rentonwa.gov Phone: 425-430-6619 5. COMPENSATION AND METHOD OF PAYMENT A. The County shall reimburse the Agency for satisfactory completion of the services and requirements specified in this Agreement after the Agency submits an invoice and all accompanying reports as specified in the attached exhibits. The County will initiate authorization for payment after approval of corrected invoices and reports. The County shall make payment to the Agency not more than thirty (30) days after a complete and accurate invoice is received. B. The Agency shall submit its final invoice and all outstanding reports within fifteen (15) days of the date this Agreement expires or is terminated. If the Agency's final invoice and reports are not submitted by the day specified in this subsection, the County will be relieved of all liability for payment to the Agency of the amounts set forth in said invoice or any subsequent invoice. 6. OPERATING BUDGET When a budget is attached hereto as Exhibit II, the Agency shall apply the funds received from the County under this Agreement in accordance with said budget. If, at any time during the Term of this Agreement, the Agency expects that the cumulative amount of transfers among the budget categories, i.e. Project Tasks, may exceed ten percent (10%) of the Agreement amount, then the Agency shall notify County to request approval. Supporting documents necessary to explain fully the nature and purpose of the change(s) and an amended budget must accompany each request for such approval. County approval of any such amendment shall not be unreasonably withheld. 7. COMMUNICATION The Agency shall recognize County as a fiscal sponsor for the grant project in the following manner: A. Events: The Agency shall invite and recognize "King County Parks" at all events promoting the project, and at the final project dedication. B. Community Relations: The Agency shall recognize "King County Parks" as a fiscal sponsor in all social media, websites, brochures, banners, posters, press releases, and other promotional material related to the Project. 8. PRIORITY OF USE; PUBLIC ACCESS; SCHEDULING These funds are provided for the purpose of developing and/or project sports activities for, but not exclusively serving, persons under 21 years of age, and low and moderate income communities within King County. Fees for the project shall be no greater than those generally charged by public operators or project providers in King County. 9. INTERNAL CONTROL AND ACCOUNTING SYSTEM The Agency shall establish and maintain a system of accounting and internal controls which complies with applicable, generally accepted accounting principles, and governmental accounting and financial reporting standards in accordance with Revised Code of Washington (RCW) Chapter 40.14. 10. MAINTENANCE OF RECORDS A. The Agency shall maintain accounts and records, including personnel, property, financial, and project records and other such records as may be deemed necessary by the County to ensure proper accounting for all Agreement funds and compliance with this Agreement. B. These records shall be maintained for a period of six (6) years after the expiration or earlier termination of this Agreement unless permission to destroy them is granted by the Office of the Archivist in accordance with RCW Chapter 40.14. C. The Agency shall inform the County in writing of the location, if different from the Agency address listed on page one of this Agreement, of the aforesaid books, records, documents, and other evidence and shall notify the County in writing of any changes in location within ten (10) working days of any such relocation. 11. RIGHT TO INSPECT King County reserves the right to review and approve the performance of Agency with regard to this Agreement, and, at its sole discretion,to inspect or audit the Agency's records regarding this Agreement and the Project upon reasonable notice during normal business hours. 12. COMPLIANCE WITH ALL LAWS AND REGULATIONS The Agency, in cooperation and agreement with the owners of the Premises, shall comply with all applicable laws, ordinances and regulations in using funds provided by the County, including, without limitation, those relating to providing a safe working environment to employees and, specifically, the requirements of the Washington Industrial Safety and Health Act (WISHA); and, to the extent applicable, those related to "public works," payment of prevailing wages, and competitive bidding of contracts. The Agency specifically agrees to comply and pay all costs associated with achieving such compliance without notice from King County; and further agrees that King County, does not waive this Section by giving notice of demand for compliance in any instance. The Agency shall indemnify and defend the County should it be sued or made the subject of an administrative investigation or hearing for a violation of such laws related to this Agreement. 13. CORRECTIVE ACTION A. If the County determines that a breach of contract has occurred or does not approve of the Agency's performance, it will give the Agency written notification of unacceptable performance. The Agency will then take corrective action within a reasonable period of time, as may be defined by King County in its sole discretion in its written notification to the Agency. B. The County may withhold any payment owed the Agency until the County is satisfied that corrective action has been taken or completed. 14. TERMINATION A. The County may terminate this Agreement in whole or in part, with or without cause, at any time during the Term of this Agreement, by providing the Agency ten (10) days advance written notice of the termination. B. If the termination results from acts or omissions of the Agency, including but not limited to misappropriation, nonperformance of required services, or fiscal mismanagement, the Agency shall return to the County immediately any funds, misappropriated or unexpended, which have been paid to the Agency by the County. C. Any King County obligations under this Agreement beyond the current appropriation year are conditioned upon the County Council's appropriation of sufficient funds to support such obligations. If the Council does not approve such appropriation, then this Agreement will terminate automatically at the close of the current appropriation year. 15. FUTURE SUPPORT; UTILITIES AND SERVICE The County makes no commitment to support the services contracted for herein and assumes no obligation for future support of the activity contracted for herein except as expressly set forth in this Agreement. The Agency understands, acknowledges, and agrees that the County shall not be liable to pay for or to provide any utilities or services in connection with the Project contemplated herein. 16. HOLD HARMLESS AND INDEMNIFICATION The Agency agrees for itself, its successors, and assigns, to defend, indemnify, and hold harmless King County, its appointed and elected officials, and employees from and against liability for all claims, demands, suits, and judgments, including costs of defense thereof, for injury to persons, death, or property damage which is caused by, arises out of, or is incidental to any use of or occurrence on the Project that is the subject of this Agreement, or the Agency's exercise of rights and privileges granted by this Agreement, except to the extent of the County's sole negligence. The Agency's obligations under this Section shall include: A. The duty to promptly accept tender of defense and provide defense to the County at the Agency's own expense; B. Indemnification of claims made by the Agency's employees or agents; and C. Waiver of the Agency's immunity under the industrial insurance provisions of Title 51 RCW, but only to the extent necessary to indemnify King County, which waiver has been mutually negotiated by the parties. In the event it is necessary for the County to incur attorney's fees, legal expenses or other costs to enforce the provisions of this Section, all such fees, expenses and costs shall be recoverable from the Agency. In the event it is determined that RCW 4.24.115 applies to this Agreement, the Agency agrees to protect, defend, indemnify and save the County, its officers, officials, employees and agents from any and all claims, demands, suits, penalties, losses damages judgments, or costs of any kind whatsoever for bodily injury to persons or damage to property (hereinafter "claims"), arising out of or in any way resulting from the Agency's officers, employees, agents and/or subcontractors of all tiers, acts or omissions, performance of failure to perform the rights and privileges granted under this Agreement, to the maximum extent permitted by law or as defined by RCW 4.24.115, as now enacted or hereafter amended. A hold harmless provision to protect King County similar to this provision shall be included in all Agreements or subcontractor Agreements entered into by Agency in conjunction with this Agreement. The Agency's duties under this Section will survive the expiration or earlier termination of this Agreement. 17. INSURANCE A. Liability Insurance Requirements. Notwithstanding any other provision within this Agreement, the Agency and it subcontractors shall procure and maintain coverage and limits for no less than the following: 1. Commercial General Liability. Insurance Service "occurrence" form CG 00 01 (current edition), to include Products-Completed Operations, insurance against claims for injuries to persons or damages to property that may arise from or in connection with activities under this Agreement. The insurance coverage shall be no less than One Million Dollars ($1,000,000) combined single limit per occurrence, and Two Million Dollars ($2,000,000) in the aggregate. nri runm 2. Automobile Liability. If activities require vehicle usage. Insurance Services form number CA 00 01 (current edition), covering BUSINESS AUTO COVERAGE, Symbol 1 "any auto". If the grant includes the use of automobiles, the Limit of Liability shall be no less than One Million Dollars ($1,000,000)per occurrence. 3. Workers Compensation/Stop Gap. If the recipient or its contractor(s) has/have employees. Statutory Workers Compensation coverage and Stop Gap Liability for a limit no less than One Million Dollars ($1,000,000)per occurrence. 4. Professional Liability. If the grant includes the use of Professional Services. Professional Liability coverage shall be no less than One Million Dollars ($1,000,000) per claim and in the aggregate. B. If the grant involves the construction of a capital project or involves the purchase of equipment greater than Five Thousand ($5,000) in value, the Agency shall provide "All Risk" Builders Risk or Property coverage for the full replacement value of the project/property built/purchased. King County shall be listed as an additional Loss payee as our interests may appear. C. King County and its officers, officials, employees and agents shall be covered as additional insured on Agency's and its contractor(s') commercial general liability insurance and, if applicable, commercial auto liability insurance, with respect to liability arising out of activities performed by the Agency and its contractors. Additional Insured status shall include Products-Completed Operations. D. To the extent of the Agency's or its contractor's negligence, their insurance respectively shall be primary insurance with respect to the County, its officers, employees and agents. Any insurance or self-insurance maintained by the County, and its officers, officials, employees or agents shall not be subjected to contribution in favor of the Agency or its contractors insurance, and shall not benefit either in any way. The Agency's and its contractors' insurance shall apply separately to each insured against whom a claim is made or a lawsuit is brought, subject to the limits of the insurer's liability. E. Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except by the reduction of the applicable aggregate limit by claims paid, until after thirty (30) days' prior written notice has been given to and change in coverage accepted by King County. F. The insurance provider must be licensed to do business in the State of Washington and maintain a Best's rating of no less than A-VIII. Within five (5) business days of County's request, Agency must provide a Certificate of Insurance and Additional Insured Endorsement(s) (CG 20 10 11/85 or its equivalent) to the County. The Agency shall be responsible for the maintenance of their contractors' insurance documentation. G. If the Agency is a municipal corporation or an agency of the State of Washington and is self-insured for any of the above insurance requirements, a certification of self-insurance shall be attached hereto and be incorporated by reference and shall constitute compliance with this Section. H. The Agency's duties under this Section shall survive the expiration or earlier termination of this Agreement. The Agency understands, acknowledges and agrees that • for the relevant period of public use set forth in Section 8, the Agency shall maintain insurance and name the County as an additional insured, all of which shall be consistent with the requirements of this Section. 18. ANTI-DISCRIMINATION King County Code chapters 12.16, 12.17 through 12.18 apply to this Agreement and are incorporated by this reference as if fully set forth herein. In all hiring or employment made possible or resulting from this Agreement, there shall be no discrimination against any employee or applicant for employment because of sex, age, race, color, creed, religion, national origin, sexual orientation, gender identity or expression, marital status or the presence of any sensory, mental, or physical disability unless based upon a bonafide occupational qualification, or age except by minimum age and retirement provisions, and this requirement shall apply to but not be limited to the following: employment, advertising, lay-off, or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Agreement on the grounds of sex, race, color, creed, national origin, religion, sexual orientation, gender identity or expression, age (except minimum age and retirement provisions), marital status, or the presence of any sensory, mental, or physical handicap. Any violation of this provision shall be considered a violation of a material provision of this Agreement and shall be grounds for cancellation, termination or suspension in whole or in part of this Agreement by King County and may result in ineligibility for further King County agreements. [Community Partner Name] shall also comply with all applicable anti-discrimination laws or requirements of any and all jurisdictions having authority. 19. CONFLICT OF INTEREST KCC Chapter 3.04 (Employee Code of Ethics) is incorporated by reference as if fully set forth hence, and the Agency agrees to abide by all conditions of said chapter. Failure by the Agency to comply with any requirement of said KCC Chapter shall be a material breach of contract. 20. POLITICAL ACTIVITY PROHIBITED None of the funds, materials, property, or services provided directly or indirectly under this Agreement shall be used for any partisan political activity or to further the election or defeat of any candidate for public office. 21. PROJECT MAINTENANCE; EQUIPMENT PURCHASE, MAINTENANCE, AND OWNERSHIP A. As between the County and the Agency, the Agency shall be responsible to operate and maintain the completed project at its own sole expense and risk. The Agency shall maintain the completed project in good working condition consistent with applicable standards and guidelines. The Agency understands, acknowledges, and agrees that the County is not responsible to operate or to maintain the project in any way. B. The Agency shall be responsible for all property purchased pursuant to this Agreement, including the proper care and maintenance of any equipment. C. The Agency shall establish and maintain inventory records and transaction documents (purchase requisitions, packing slips, invoices, receipts) of equipment and materials purchased with Agreement funds. The Agency's duties under this Section shall survive the expiration of this Agreement. 22. NOTICES Whenever this Agreement provides for notice to be provided by one party to another, such notice shall be in writing, and directed to the person specified in Section 4 of this Agreement. Any such notice shall be deemed to have been given on the date of delivery, if mailed, on the third (3rd) business day following the date of mailing; or, if sent by fax, on the first (1st) business day following the day of delivery thereof by fax.Notice sent solely by e-mail shall be deemed to have been given on the date of transmission. Either party may change its address, fax number, email address, or the name of the person indicated as the recipient by notice to the other in the manner aforesaid. 23. ASSIGNMENT The Agency shall not assign any portion of rights and obligations under this Agreement or transfer or assign any claim arising pursuant to this Agreement without the written consent of the County. The Agency must seek such consent in writing not less than fifteen (15) days prior to the date of any proposed assignment. 24. CONTRACT AMENDMENTS This Agreement together with the attached exhibits expressly incorporated herein by reference and attached hereto shall constitute the whole Agreement between the Parties. Either party may request changes to this Agreement. No modifications or amendment of this Agreement shall be valid or effective unless evidenced by an Agreement in writing signed by the Parties. 25. WAIVER OF DEFAULT Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such through written approval by the County, which shall be attached to the original Agreement. 26. TAXES The Agency agrees to pay on a current basis all taxes or assessments levied on its activities and property, including, without limitation, any leasehold excise tax due under RCW Chapter 82.29A; PROVIDED, however, that nothing contained herein will modify the right of the Agency to contest any such tax, and the Agency will not be deemed to be in default as long as it will, in good faith, be contesting the validity or amount of any such taxes. 27. WASHINGTON LAW CONTROLLING; WHERE ACTIONS BROUGHT This Agreement is made in and will be in accordance with the laws of the State of Washington, which will be controlling in any dispute that arises hereunder. Actions pertaining to this Agreement will be brought in King County Superior Court, King County, Washington. 28. PARAGRAPH HEADINGS The paragraph headings contained herein are only for convenience and reference and are not intended to be a part of this Agreement or in any manner to define, limit, or describe the scope or intent of this Agreement or the particular paragraphs to which they refer. 29. PUBLIC DOCUMENT This Agreement will be considered a public document and will be available for inspection and copying by the public. 30. LEGAL RELATIONS Nothing contained herein will make, or be deemed to make, the County and the Agency a partner of one another, and this Agreement will not be construed as creating a partnership or joint venture. Nothing in this Agreement will create, or be deemed to create, any right, duty or obligation in any person or entity not a party to it. 31. SINGULAR AND PLURAL Wherever the context will so require, the singular will include the plural and plural will include the singular. 32. PERMITS AND LICENSES The Agency shall design, develop and construct the Project in accordance will all applicable laws and regulatory requirements including environmental considerations, permitting determinations, and other legal requirements. All activities and improvements shall be performed by Agency at its sole expense and liability. The Agency shall, at its sole cost and expense, apply for, obtain and comply with all necessary permits, licenses and approvals required for the Project, 33. INTERPRETATION OF COUNTY RULES AND REGULATIONS If there is any question regarding the interpretation of any County rule or regulation, the County decision will govern and will be binding upon the Agency. 34. POLICE POWERS OF THE COUNTY Nothing contained in this Agreement will diminish, or be deemed to diminish, the governmental or police powers of the County. 35. ENTIRE AGREEMENT This Agreement, including its attachments, constitutes the entire Agreement between the County and the Agency. It supersedes all other agreements and understandings between them, whether written, oral or otherwise. I KING COUNTY l 1 City ocRenton Parks i d Recreation f FOR (,A�,,. ( 1-)--- i King Co.inty Executive Signature \ i Date NAME Mayor Denis Law / / / Date •,. cAlY Op biii At e t- `. 4/c,,--- 4„.e_ /c,,-- a/c'✓ ///44 42 sEP T.TO% %%%% ` Jason A. Seth, City Clerk City of Renton-Sunset Neighborhood Pk Ph.II-Exhibit I Scope of Work Project Description This 3.2-Acre park is being designed and constructed in two phases. Phase II (this application) completes the park and will add the following recreation amenities: Adult fitness equipment, 2 children's play areas, completion of the pervious pavement looped trail system, trail mile markers, completion of the water feature (plumbing installed in Phase I), 2 picnic areas, picnic gazebo, pergola with benches defining the performance/open space lawn area, art, irrigation, and additional planting. Park funding partners include: Washington State Legislature ($3 Million Direct Appropriation) and the National Park Service ($500,000 LWCF grant). Both partners have sent funding award notifications. Organization Description City of Renton Mission The City of Renton, in partnership and communication with residents, business, and schools, is dedicated to: - Providing a safe, healthy, welcoming atmosphere where people choose to live through effective communication and service delivery, community involvement, developing quality housing choices for all ages and income levels, promoting a walkable community, and emergency preparedness. - Promoting economic vitality and strategically positioning Renton for the future by promoting Renton, capitalizing on bold and creative economic development strategies, recruiting and retaining businesses, nurturing entrepreneurship and fostering partnerships, and leveraging public/private resources. - Supporting planned growth and influencing decisions that impact the city by fostering development of vibrant, sustainable, attractive, mixed-use neighborhoods; upholding high design and property maintenance standards; advocating Renton's interests through lobbying efforts, regional partnerships and other organizations; pursuing transportation and other regional improvements and services that improve the quality of life; and balancing development with environmental protection. - Building an inclusive informed city with opportunities for all by improving access to city services and programs; building connections with all communities; promoting an understanding and appreciation of diversity; providing critical and relevant information and facilitating a two- way dialogue between city government and the community; and encouraging volunteerism, participation, and civic engagement - Meeting service demands through high quality customer service, innovation, a positive work environment, and a commitment to excellence by planning, developing and maintaining quality services, infrastructure, and amenities; prioritizing services at levels that can be sustained by revenue; retaining skilled workforce; developing and maintaining collaborative partnerships 1 City of Renton-Sunset Neighborhood Pk Ph. II-Exhibit I and investment strategies; and responding to growing service demands through partnerships, innovation and outcome management. This grant funding will help fund the completion of a neighborhood park that serves a highly diverse population. The park will serve as an anchor in the Sunset area and will be the catalyst for further transforming the neighborhood; parks are an integral part to a community's economic, cultural, social and environmental infrastructure. The park will offer multiple opportunities for recreation, environmental education, social gathering and partnerships with the adjacent King County Library, the Renton School District and community members helping to build a stronger and healthier community. Community& Equity Impact This park is a gateway facility for the Sunset area and a catalyst for transforming a part of the City that was the site of World War II-era housing and is working to overcome academic, health care and obesity, public safety, and socio-economic challenges.The estimated 6,137 residents who live within a %-mile park service radius are in an area where 70 percent of the housing is considered sub-standard. Fifty-one percent of the population is non-white, the area's poverty rate is 27 percent, the unemployment rate is 6.6 percent, and violent crime rate is 2.5 times the city's average. The obesity rate is 25 percent for grades 8-12 and adults, 43%of adults 18 and older have high cholesterol and screen time (grades 8 - 12) is 58 percent. Over thirteen percent (13.4 percent) do not have a high-school diploma. -The park will facilitate healthy lifestyles by providing opportunities for increased levels of physical activity, helping to diminish the risk of obesity-related chronic diseases. -The park will be an essential element in improved human and environmental health. In addition to multiple opportunities for physical activity people will have the opportunity to connect to nature, experience improved air quality, experience improved water quality and reduced storm water runoff with the co-located rain garden and regional storm water facility (Phase I) and participate in environmental education. -The park will foster community cohesion by offering opportunities for people of all ages to interact, communicate, compete, learn and grow, participate in Block Watch Programs, and volunteer. Numerous studies have shown that the more webs of human relationships a neighborhood has (termed "social capital"), the stronger, safer and more successful it is. (One of the best measurements for Community Cohesion is volunteerism). -The park will facilitate a healthy, vibrant neighborhood with increased sales tax revenue attributed to increased spending at new and expanded businesses and tourism. This park will be the venue for the multi-day International Festival, outdoor concerts, movies in the park and children's shows. -The park will help to foster a walkable community. The park is centrally located and utilizing the "Complete Streets" approach will be linked to area residences, business and schools (three 2 .rr...r City of Renton-Sunset Neighborhood Pk Ph. II-Exhibit I schools are within a 1/2 mile walking distance), thereby encouraging residents and employees to exercise and use alternative modes of transportation. Project Management& Evaluation The City's Capital Project Coordinator will provide project management from design through construction contract administration, and the grant administration. During design, opportunities will be provided for staff to review the project. During construction, the Coordinator will preside over weekly Owner/Architect Contractor meetings to review project progress, and review all expenses and invoices. Project Substantial Completion and Final Acceptance will be completed after all the site work has been accomplished. A Building Permit and a Public Health Permit (water feature) will be acquired prior to the contractor receiving the Notice to Proceed.The City's Parks Maintenance team will implement the Landscape Management Plan developed for the park and follow best management practices. 3 S4 Exhibit II YASF Project Budget Project Name: City of Renton -Sunset Neighborhood Project Funding Park Phase II Additional Funding YASF Grant Project Tasks Project Costs Committed Pending Request Administration Design $500,000 $500,000 Construction & Installation $3,175,000 $3,000,000 $175,000 Materials � Project Cost Total $3,675,000 Committed Pending* YASF Grant Subtotals: PROJECT PROJECT MATCH YASF Grant Totals: COSTS PROVIDED $3,675,000 $3,500,000 $175,000 e 1 '1: , o N a po Z i o R o a in-11s a E a zz Z 0 0 :$"...- (1) ii w a i0 °CI a , ` a . � s- W v, _51 p s 1 > S.a W - w 2J / / _ 3 4) W 4V / cri L .. i S' CY vi d a C �D r,\ 4.,• m .n o) �. . ioX •esti _ s �s Q ,: yam . 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