HomeMy WebLinkAbout128365 NATIONAL RESEARCH CENTER INC - CONTRACT - RFP - 7226 SURVEY SERVICES - MISC PUBLIC OPINION SURVEYSSERVICES AGREEMENT
WORK ORDER TYPE
THIS AGREEMENT made and entered into the day and year set forth below, by and between
THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to
as the "City" and National Research Associates, Inc., hereinafter referred to as "Service
Provider'.
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by and
between the parties hereto as follows:
Services to be Performed.
a. This Agreement shall constitute the basic agreement between the parties
for services for Public Opinion Survey Services as needed by the City. The conditions set forth
herein shall apply to all services performed by the Service Provider on behalf of the City and
particularly described in Work Orders agreed upon in writing by the parties from time to time.
Such Work Orders, a sample of which is attached hereto as Exhibit "A", consisting of one (1)
page and incorporated herein by this reference, shall include a description of the services to be
performed, the location and time for performance, the amount of payment, any materials to be
supplied by the City and any other special circumstances relating to the performance of
services. No work order shall exceed Sixty -Thousand ($60,000) Dollars. The only services
authorized under this agreement are those which are performed after receipt of such Work
Order, except in emergency circumstances where oral work requests may be issued. Oral
requests for emergency actions will be confirmed by issuance of a written Work Order within two
(2) working days.
7226 Survey Services — Miscellaneous Public Opinion Surveys Page 1 of 11
EXHIBIT "A"
WORK ORDER FORM
PURSUANT TO AN AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
DATED:
Work Order Number:
Purchase Order Number:
Project Title:
Commencement Date:
Completion Date:
Maximum Fee: (time and reimbursable direct costs):
Project Description:
Scope of Services:
Professional agrees to perform the services
identified above and on the attached forms in
accordance with the terms and conditions
contained herein and in the Professional
Services Agreement between the parties. In
the event of a conflict between or ambiguity in
the terms of the Professional Services
Agreement and this work order (including the
attached forms) the Professional Services
Agreement shall control.
User Acceptance
City of Fort Collins
in
Project Manager
Date:
By:
Director of Purchasing and Risk Management
(over $60,000.00)
The attached forms consisting of _ U Date:
pages are hereby accepted and incorporated
herein, by this reference, and Notice to
Proceed is hereby given.
7226 Survey Services - Miscellaneous Public Opinion Surveys Page 10 of 11
EXHIBIT B
INSURANCE REQUIREMENTS
1. The Service Provider will provide, from insurance companies acceptable to the City, the
insurance coverage designated hereinafter and pay all costs. Before commencing work under
this bid, the Service Provider shall furnish the City with certificates of insurance showing the
type, amount, class of operations covered, effective dates and date of expiration of policies, and
containing substantially the following statement:
"The insurance evidenced by this Certificate will not be cancelled or materially altered, except
after ten (10) days written notice has been received by the City of Fort Collins."
In case of the breach of any provision of the Insurance Requirements, the City, at its option,
may take out and maintain, at the expense of the Service Provider, such insurance as the City
may deem proper and may deduct the cost of such insurance from any monies which may be
due or become due the Service Provider under this Agreement. The City, its officers, agents
and employees shall be named as additional insureds on the Service Provider's general liability
and automobile liability insurance policies for any claims arising out of work performed under
this Agreement.
2. Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Service Provider
shall maintain during the life of this Agreement for all of the Service Provider's
employees engaged in work performed under this agreement:
Workers' Compensation insurance with statutory limits as required
by Colorado law.
2. Employer's Liability insurance with limits of $100,000 per accident,
$500,000 disease aggregate, and $100,000 disease each
employee.
B. Commercial General & Vehicle Liability. The Service Provider shall
maintain during the life of this Agreement such commercial general liability and
automobile liability insurance as will provide coverage for damage claims of
personal injury, including accidental death, as well as for claims for property
damage, which may arise directly or indirectly from the performance of work
under this Agreement. Coverage for property damage shall be on a "broad form"
basis. The amount of insurance for each coverage, Commercial General and
Vehicle, shall not be less than $500,000 combined single limits for bodily injury
and property damage.
In the event any work is performed by a subcontractor, the Service Provider shall be responsible
for any liability directly or indirectly arising out of the work performed under this Agreement by a
subcontractor, which liability is not covered by the subcontractor's insurance.
7226 Survey Services — Miscellaneous Public Opinion Surveys Page 11 of 11
�® CERTIFICATE OF LIABILITY INSURANCE
PRODUCER THIS CERTIFICATION 13 135UED ASA MATTER OF INFORMATION
JEFF OGBURN, STATE FARM INSURANCE ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
6560 GUNPARK DRIVE, STE A HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
O$ BOULDER, CO 80301 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE I NAIC #
NATIONAL RESEARCH CENTER INC.
300T5 30TH ST.
BOULDER, CO 80301
INSURER 6:
INSURER D:
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. ACOREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INS ADO'
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POLICY NUMBER
POLICYEFFECTIVE
GATE YMTI
POLJCYEKPIRATI°N
DATS41IMMON"r
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A
X
oI:NERAL LAWLRY
96-BU-3823-8
11/16/2010
1111612011
EACH OCCURRENCE
s 1,000,0DO
PREMISES Eepavlvnce
i 30D,000
COMMERCIAL GENERAL LAABILfTY
CIARIS MADE X OCCUR
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X I HIRED AUTO LIABILITY
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LNITAPPLIES PER
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PRODUCTS - COMPMP AGO
$
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AUTOMOBILE
LIABLLRY
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101-3304-E21-06
11/2912010
11/29/2011
COMBINED SINGLE UMT
(Ee spcitlMK)
S
BODILY INJURY
(PerpenpA)
S 1,000,000
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY
(PeroWd.M)
S 1,000,000
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NON-OVMEDAUTOS
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S 1,000.000
GARAGE LABILITY
AUTO ONLY - EA ACCIDENT
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BUSINESS PROPERTY
96-BU-3523-e
$72,900
1111612010
11I162011
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PMM04MS
RESEARCH
CITY OF FORT COLLINS & ITS OFFICERS & EMPOLYEES - LISTED AS ADDITIONAL INSURED.
CITY OF FORT COLLINS
C/O KELLY DIMARATINO
P.O. BOX 580
FT. COLLINS, CO 80522-0580
4CORD 25
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES 8E CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, ME ISSUING INSURER WALL ENDEAVOR TO MAIL -_30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO TIME LEFT, BUT FAILURE TO DO W SMALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AOENTS OR
JEFF OGBURN
®1988.2009
All riahts reserved
The ACORD Rama and logo are registered marks of ACORD 1001486 132849.3 04-06-2DO9
'tom"a CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YY)
CIS
Certif.1is0ID11182931
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
Aon Risk Solutions, Inc. of FL
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
1001 Brickell Bay Drive, Suite #1100
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
Miami, FL 331314937
POLICIES BELOW.
INSURERS AFFORDING COVERAGE
NAIC #
Phone: 800-743-8130 Fax: 800-522-7514
INSURED
INSURER A New Hampshire In Co
23841
ADP TotalSoume I, Inc.
INSURER B:
10200 Sunset Drive
INSURER C:
Miami, FL 33173
ALTERNATE EMPLOYER
INSURER D:
National Research Center Inc
INSURER E:
3005 30th Street
Boulder, CO 80301
COVERAGES vp 3 n F
»BELOW
THE POLICIES OF INSURANCE LISTED HAVE BEEN
ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,,
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE
MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND
CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LIMITS SHORT! ARE AS REQUESTED.
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TYPEOFINNIRANCE
P0.1CYNYMBER
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PRODUCTS-COMP/OPAGG
$
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(Per person)
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$
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(Par acddont)
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DISEASE- FA EMPLOYEE
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SPECIALPRONSIONSGpbw
EL DISEASE -POLICY LIMIT
$ $2.000.000
OTHER
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
All worksite employees working for the above named client company, paid under ADP TOTALSOURCE, INC.'s payroll, are covered under the above stated policy. The above
named client is an attemate employer under this policy.
`CERTIFICATE HOCDER'''"a' - T s -'" s '
C„ 9T
-
_-
.�"'�ti «. - d',�=','r'.�CANCELLYATION..,-9`-,
NATIONAL RESEARCH CENTER INC.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE
3005 30TH STREET
+�'
.�
THEREOF, THE ISSUING COMPANY WILL 3
ENDEAVOR TO MAIL DAYS WRITTEN NOTICE TO THE
BOULDER, CO 80301
_
CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL IMPOSE NO OBLIGATION
t
OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
'
AUTHORIZED REPRESENTATIVE
dfOIL pk1bki6oGdiorts, 4ae ofoq
ACORD 25(2009/01)I'}1988-2009 ACORD-CORPORATION)AN rights're§erved:'
The ACORD name and logo are registered marks of ACORD
b. The City may, at any time during the term of a particular Work Order and
without invalidating the Agreement, make changes within the general scope of the particular
services assigned and the Service Provider agrees to perform such changed services.
2. Chancies in the Work. The City reserves the right to independently bid any
services rather than issuing work to the Service Provider pursuant to this Agreement. Nothing
within this Agreement shall obligate the City to have any particular service performed by the
Service Provider.
3. Time of Commencement and Completion of Services. The services to be
performed pursuant to this Agreement shall be initiated as specified by each written Work Order
or oral emergency service request. Oral emergency service requests will be acted upon without
waiting for a written Work Order. Time is of the essence.
4. Contract Period This Agreement shall commence upon the date of execution
shown on the signature page of this Agreement and shall continue in full force and effect for one
(1) year, unless sooner terminated as herein provided. In addition, at the option of the City, the
Agreement may be extended for additional one year periods not to exceed five (5) additional
one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both
parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning and
Budget Office will be used as a guide. Written notice of renewal shall be provided to the Service
Provider and mailed no later than 90 days prior to contract end.
5. Delay. If either party is prevented in whole or in part from performing its
obligations by unforeseeable causes beyond its reasonable control and without is fault or
negligence, then the party so prevented shall be excused from whatever performance is
prevented by such cause. To the extent that the performance is actually prevented, the Service
Provider must provide written notice to the City of such condition within fifteen (15) days from
the onset of such condition.
7226 Survey Services - Miscellaneous Public Opinion Surveys Page 2 of 11
6. Early Termination by City/Notices. Notwithstanding the time periods contained
herein, the City may terminate this Agreement at any time without cause by providing written
notice of termination to the Service Provider. Such notice shall be mailed at least fifteen (15)
days prior to the termination date contained in said notice unless otherwise agreed in writing by
the parties. All notices provided under this Agreement shall be effective when mailed, postage
prepaid and sent to the following address:
City:
City of Fort Collins
Attn: Purchasing Division
P.O. Box 580
Fort Collins, CO 80522
Service Provider:
National Research Associates, Inc.
Attn: Erin Caldwell, MSPH
3005 30th Street
Boulder, CO 80301
In the event of early termination by the City, the Service Provider shall be paid for services
rendered to the termination date, subject only to the satisfactory performance of the Service
Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole
right and remedy for such termination.
7. Contract Sum. This is an open-end indefinite quantity Agreement with no fixed
price. The actual amount of work to be performed will be stated on the individual Work Orders.
The City makes no guarantee as to the number of Work Orders that may be issued or the actual
amount of services which will in fact be requested.
8. Payments.
a. The City agrees to pay and the Service Provider agrees to accept as full
payment for all work done and all materials furnished and for all costs and expenses incurred in
performance of the work the sums set forth per individual Work Order.
Payment shall be made by the City only upon acceptance of the work by the City and upon the
Service Provider furnishing satisfactory evidence of payment of all wages, taxes, supplies and
materials, and other costs incurred in connection with the performance of such work.
7226 Survey Services — Miscellaneous Public Opinion Surveys Page 3 of 11
9. Liquidated Damages. OWNER and CONTRCTOR recognize that time is of the
essence of this Agreement and that OWNER will suffer financial loss if the Work is not
completed within the times specified in the work order, plus any extensions thereof allowed in
accordance with Article 12 of the General conditions. They also recognize the delays, expenses
and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if
the Work is not completed on time. Accordingly instead of requiring any such proof, OWNER
and CONTRACTOR agree that as liquidated damages for delay (but not as penalty)
CONTRACTOR shall pay OWNER the amount set forth in each Work Order.
10. City Representative. The City's representative will be shown on the specific
Work Order and shall make, within the scope of his or her authority, all necessary and proper
decisions with reference to the work requested. All requests concerning this Agreement shall
be directed to the City Representative.
11. Independent Contractor. It is agreed that in the performance of any services
hereunder, the Service Provider is an independent contractor responsible to the City only as to
the results to be obtained in the particular work assignment and to the extend that the work shall
be done in accordance with the terms, plans and specifications furnished by the City.
12. Personal Services. It is understood that the City enters into the Agreement
based on the special abilities of the Service Provider and that this Agreement shall be
considered as an agreement for personal services. Accordingly, the Service Provider shall
neither assign any responsibilities nor delegate any duties arising under the Agreement without
the prior written consent of the city.
13. Acceptance Not Waiver. The City's approval or acceptance of, or payment for
any of the services shall not be construed to operate as a waiver of any rights under the
Agreement or of any cause of action arising out of the performance of this Agreement.
7226 Survey Services - Miscellaneous Public Opinion Surveys Page 4 of 11
14. Warranty.
a. Service Provider warrants that all work performed hereunder shall be
performed with the highest degree of competence and care in accordance with accepted
standards for work of a similar nature.
b. Unless otherwise provided in the Agreement, all materials and equipment
incorporated into any work shall be new and, where not specified, of the most suitable grade of
their respective kinds for their intended use, and all workmanship shall be acceptable to City.
C. Service Provider warrants all equipment, materials, labor and other work,
provided under this Agreement, except City -furnished materials, equipment and labor, against
defects and nonconformances in design, materials and workmanship/workwomanship for a
period beginning with the start of the work and ending twelve (12) months from and after final
acceptance under the Agreement, regardless whether the same were furnished or performed by
Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from
City of any such defect or nonconformances, the affected item or part thereof shall be
redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to
City.
15. Default. Each and every term and condition hereof shall be deemed to be a
material element of this Agreement. In the event either party should fail or refuse to perform
according to the terms of this agreement, such parry may be declared in default thereof. `
16. Remedies. In the event a party has been declared in default, such defaulting
party shall be allowed a period of ten (10) days within which to cure said default. In the event
the default remains uncorrected, the party declaring default may elect to (a) terminate the
Agreement and seek damages; (b) treat the Agreement as continuing and require specific
performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting
party commences legal or equitable actions against the defaulting party, the defaulting party
7226 Survey Services - Miscellaneous Public Opinion Surveys Page 5 of 11
shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees
and costs incurred because of the default.
17. Binding Effect. This writing, together with the exhibits hereto, constitutes the
entire agreement between the parties and shall be binding upon said parties, their officers,
employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs,
personal representative, successors and assigns of said parties.
18. Indemnity/Insurance.
a. The Service Provider agrees to indemnify and save harmless the City, its
officers, agents and employees against and from any and all actions, suits, claims, demands or
liability of any character whatsoever, brought or asserted for injuries to or death of any person or
persons, or damages to property arising out of, result from or occurring in connection with the
performance of any service hereunder.
b. The Service Provider shall take all necessary precautions in performing the
work hereunder to prevent injury to persons and property.
c. Without limiting any of the Service Provider's obligations hereunder, the
Service Provider shall provide and maintain insurance coverage naming the City as an
additional insured under this Agreement of the type and with the limits specified within Exhibit
"B", consisting of one (1) page, attached hereto and incorporated herein by this reference. The
Service Provider before commencing services hereunder, shall deliver to the City's Director of
Purchasing and Risk Management, P. O. Box 580, Fort Collins, Colorado 80522 one copy of a
certificate evidencing the insurance coverage required from an insurance company acceptable
to the city.
19. Entire Agreement. This Agreement, along with all Exhibits and other documents
incorporated herein, shall constitute the entire Agreement of the parties. Covenants or
representations not contained in this Agreement shall not be binding on the parties.
7226 Survey Services — Miscellaneous Public Opinion Surveys Page 6 of 11
20. Law/Severability. This Agreement shall be governed in all respect by the laws of
the State of Colorado. In the event any provision of this Agreement shall be held invalid or
unenforceable by any court of competent jurisdiction such holding shall not invalidate or render
unenforceable any other provision of this Agreement.
21. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101,
C.R.S., et. seq., Service Provider represents and agrees that:
a. As of the date of this Agreement:
1. Service Provider does not knowingly employ or contract with an illegal
alien who will perform work under this Agreement; and
2. Service Provider will participate in either the e-Verify program created
in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156,
108th Congress, as amended, administered by the United States Department of
Homeland Security (the "e-Verify Program") or the Department Program (the
"Department Program"), an employment verification program established pursuant to
Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly
hired employees to perform work under this Agreement.
b. Service Provider shall not knowingly employ or contract with an illegal
alien to perform work under this Agreement or knowingly enter into a contract with a
subcontractor that knowingly employs or contracts with an illegal alien to perform work under
this Agreement.
C. Service Provider is prohibited from using the e-Verify Program or
Department Program procedures to undertake pre -employment screening of job applicants
while this Agreement is being performed.
7226 Survey Services — Miscellaneous Public Opinion Surveys Page 7 of 11
d. If Service Provider obtains actual knowledge that a subcontractor
performing work under this Agreement knowingly employs or contracts with an illegal alien,
Service Provider shall:
Notify such subcontractor and the City within three days that
Service Provider has actual knowledge that the subcontractor is employing or
contracting with an illegal alien; and
2. Terminate the subcontract with the subcontractor if within three
days of receiving the notice required pursuant to this section the subcontractor does not
cease employing or contracting with the illegal alien; except that Service Provider shall
not terminate the contract with the subcontractor if during such three days the
subcontractor provides information to establish that the subcontractor has not knowingly
employed or contracted with an illegal alien.
e. Service Provider shall comply with any reasonable request by the
Colorado Department of Labor and Employment (the "Department") made in the course of an
investigation that the Department undertakes or is undertaking pursuant to the authority
established in Subsection 8-17.5-102 (5), C.R.S.
f. If Service Provider violates any provision of this Agreement pertaining to
the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If
this Agreement is so terminated, Service Provider shall be liable for actual and consequential
damages to the City arising out of Service Provider's violation of Subsection 8-17.5-102, C.R.S.
g. The City will notify the Office of the Secretary of State if Service Provider
violates this provision of this Agreement and the City terminates the Agreement for such breach.
7226 Survey Services — Miscellaneous Public Opinion Surveys Page 8 of 11
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By:
Jams B. O'Neill II, CPPO
Dire too f Purchasing and Risk Management %
Date:, / 2-' I
SERVICE PROVIDER
National Research Ass tes, In
By:
Print Name
Title: ' '�j c,
Corporate President or Vice President
Date: 5-/2 6 (1,
ATTEST
(Corporate Seal)
Corporate Secretary
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