HomeMy WebLinkAbout2013-244 RESOLUTION NO. 2013-244
1
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING AN AGREEMENT BETWEEN THE COUNTY
3 OF ORANGE, ORANGE COUNTY CRIME LAB, AND THE CITY OF SAN
4 BERNARDINO POLICE DEPARTMENT FOR FORENSIC ANALYSIS AND
CONSULTATION SERVICES
5
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
6 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
7
8 SECTION 1. The City Manager is hereby authorized and directed to execute on
9 behalf of said City an Agreement between the County of Orange, Orange County Crime Lab,
10 and the City of San Bernardino Police Department for Forensic Analysis and Consultation
11 Services, a copy of which is attached hereto marked Exhibit "A" and incorporated herein by
12
reference as fully as though set forth at length.
13
14 SECTION 2. That the Director of Finance is authorized to transfer $50,000 from
15 grant fund account 123-210-0972 to Police General Fund expenditure account 001-210-0001-
16 5505 and issue a Purchase Order in the amount of$50,000 to the Orange County Sheriff.
17 SECTION 3. The authorization to execute the above referenced Agreement is
18
rescinded if not executed within ninety (90) days of the adoption of this Resolution.
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2013-244
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
1
SAN BERNARDINO AUTHORIZING AN AGREEMENT BETWEEN THE COUNTY
2 OF ORANGE, ORANGE COUNTY CRIME LAB, AND THE CITY OF SAN
BERNARDINO POLICE DEPARTMENT FOR FORENSIC ANALYSIS AND
3 CONSULTATION SERVICES
4
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a joint regular meeting
7
thereof, held on the 19thday of August , 2013, by the following vote,to wit:
8
9 Council Members: AYES NAYS ABSTAIN ABSENT
10 MARQUEZ X
11 JENKINS x
12
VALDIVIA x
13
SHORETT x
14
15 KELLEY x
16 JOHNSON X
17 MCCAMMACK
18
19 /`..€°17
Georgea .Hanna, Ci Clerk
20
21 The foregoing resolution is hereby approved this ao day of August , 2013.
22
23 P rris, Mayor
24 City o . t ernardino
25 Approved as to form:
JAMES F. PENMAN,
26 City A'orney
27
By: .4-w-41•----
28
2013-244
1 JOINT POWERS AGREEMENT
2 BETWEEN THE
3 COUNTY OF ORANGE
4 AND
5 SAN BERNARDINO POLICE DEPARTMENT
6
7 THIS AGREEMENT is entered into this First day of , 2013, which
8 date is enumerated for purposes of reference only, by and between the COUNTY OF
9 ORANGE, a political subdivision of the State of California, hereinafter referred to as
10 "COUNTY" and City of San Bernardino, a governmental entity located outside the
11 County of Orange, hereinafter referred to as "CONTRACTOR."
12 WITNESSETH:
13 WHEREAS, COUNTY has the authority, exercised through its Sheriff, to
14 perform forensic analysis and consultations in investigating criminal activity;
15 WHEREAS, CONTRACTOR has the authority, exercised through its
16 Chief of Police, (hereinafter referred to as CHIEF LAW ENFORCEMENT OFFICER) to
17 perform similar forensic analysis and consultations;
18 WHEREAS, CONTRACTOR wishes to contract with COUNTY for said
19 analyses and consultations;
20 WHEREAS, COUNTY is agreeable to the rendering of such services on
21 the terms and conditions hereinafter set forth;
22 WHEREAS, COUNTY'S Board of Supervisors, by Resolution Number 02-
23 133, has authorized COUNTY'S Sheriff-Coroner, Assistant Sheriff of
24 Investigations/Communications and Director or Assistant Director of the Orange
25 County Crime Lab (formerly "Forensic Sciences Services Division" and hereinafter
26 referred to as "SHERIFF") to execute agreements of this type on behalf of COUNTY;
27 /11
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2013-244
1 NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
2 TABLE OF CONTENTS
3
4 SECTION PAGE
5 A. Term 3
6 B. Optional Termination 3
7 C. Disposition Of Property Upon Termination 3
8 D. Services by COUNTY 3
9 E. Payment 4
10 F. Notices 5
11 G. Status of COUNTY AND CONTRACTOR 6
12 H. Alteration of Terms 7
13 I. Indemnification 7
14 Signature Page 8
15 III
16 III
17 III
18 III
19 III
20 III
21 III
22 III
23 III
24 III
25 III
26 III
27 III
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2013-244
1 A. TERM:
2 The term of this Agreement shall be the period of three (3) years, unless earlier
3 terminated by either party in the manner set forth herein.
4 B. OPTIONAL TERMINATION:
5 COUNTY or CONTRACTOR may terminate this Agreement, without cause,
6 upon fourteen (14) days written notice to the other party.
7 C. DISPOSITION OF PROPERTY UPON TERMINATION:
8 If, at the time this Agreement terminates, COUNTY has in its possession items
9 submitted for examination or other evidence provided by CONTRACTOR on
10 which COUNTY has not yet completed forensic analysis, COUNTY shall return
11 said items submitted for examination or other evidence to CONTRACTOR.
12 D. SERVICES BY COUNTY:
13 1. COUNTY'S SHERIFF shall administer this Agreement.
14 At his sole discretion, COUNTY'S SHERIFF, through his Forensic Sciences
15 Services Division, shall render to CONTRACTOR the following forensic analysis
16 and consultation services as requested by CONTRACTOR'S CHIEF LAW
17 ENFORCEMENT OFFICER:
18
19 Case Number:
20 1. Sample and analyze DNA from evidence and standard. Enter any DNA
21 profile foreign to the victim into CODIS.
22
23 Total estimated hours: hours
24
25 2. COUNTY'S SHERIFF shall provide all manpower, supervision, training,
26 services, supplies and equipment necessary to perform the analysis and
27 consultation services as required in this Agreement.
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2013-244
1 3. COUNTY'S SHERIFF shall provide CONTRACTOR with written forensic
2 analysis results within the following time periods after receipt of samples or
3 evidence for analysis:
4 30 days after receipt of evidence
5
6
7
8
4. Court testimony required in connection with or pertaining to any forensic
9
analysis and/or consultation will be provided by COUNTY, as agreed by
10
COUNTY'S SHERIFF and CONTRACTOR'S CHIEF LAW ENFORCEMENT
11
OFFICER.
12
E. PAYMENT:
13
1. CONTRACTOR agrees to pay to the COUNTY the costs of performing the
14
services mutually agreed upon in this Agreement. The cost of service will be
15
an hourly rate that includes: salaries, wages, benefits, services, supplies,
16
equipment, and divisional, department and County General overhead. If
17
court testimony is requested, the cost shall be a charge to CONTRACTOR in
18
addition to the charge for forensic analysis and/or consultation.
19
2. The hourly rate charged to the CONTRACTOR shall be computed by the
20
ORANGE COUNTY SHERIFF-CORONER in accordance with salaries,
21
wages, benefits, services, supplies, equipment, and divisional, department
22
and County General overhead rates in effect at the time the services are
23
provided.
24
3. COUNTY shall invoice CONTRACTOR monthly for services provided in the
25
preceding month.
26
4. CONTRACTOR shall pay COUNTY for forensic analyses and consultations
27
in accordance with COUNTY Billing Policy. COUNTY shall charge
28
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2013-244
1 CONTRACTOR late payment penalties in accordance with said COUNTY
2 Billing Policy.
3 5. If testimony is requested or required by a COUNTY employee, in connection
4 with or pertaining to a forensic analysis and/or consultation, CONTRACTOR
5 shall pay COUNTY no later than ten (10) days prior to the first day on which
6 it is anticipated the COUNTY employee will testify. Said initial payment shall
7 be at the county rate in effect at the time of request multiplied by the
8 estimated number of hours the COUNTY witness spends to appear and
9 testify. At the conclusion of the testimony, CONTRACTOR shall reimburse
10 COUNTY for the full cost to COUNTY of having the witness testify, including:
11 a. The full cost of the witness' round trip travel between COUNTY and the
12 place of testimony.
13 b. The full cost of the witness' salary and benefits while travelling and
14 staying in the area where he/she is to testify.
15 c. The full cost of the witness' meals and lodging while travelling to and
16 from and staying in the area where he/she will testify.
17 d. COUNTY'S indirect costs as calculated by the County Auditor-Controller
18 and SHERIFF'S staff.
19 e. Any other expenses that may be incurred by COUNTY or the witness in
20 connection with the witness' testimony.
21 6. CONTRACTOR shall pay COUNTY the balance of the cost for the testimony
22 of the COUNTY witness within thirty (30) days after the billing date on the
23 invoice.
24 F. NOTICES:
25 1. Except for the notices provided for in Subsection 2 of this Section, all notices
26 authorized or required by this Agreement shall be effective when written and
27
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2013-244
1 deposited in the United States mail, first class postage prepaid and
2 addressed as follows:
3 COUNTY: ATTN: DIRECTOR, OC CRIME LAB
SHERIFF-CORONER DEPARTMENT
4 320 NORTH FLOWER ST
5 SANTA ANA CA 92703
6 CONTRACTOR: San Bernardino Police Department
7 710 North D Street
8
San Bernardino. CA 92407
9
10
2. Termination notices shall be effective when written and deposited in the
11
United States mail, certified, return receipt requested and addressed as
12
above.
13
G. STATUS OF COUNTY AND CONTRACTOR:
14
COUNTY is, and shall at all times be deemed to be, an independent contractor.
15
Nothing herein contained shall be construed as creating the relationship of
16
employer and employee or principal and agent between CONTRACTOR and
17
COUNTY or any of COUNTY's agents or employees. COUNTY, its agents and
18
employees shall not be entitled to any rights or privileges of CONTRACTOR
19
employees and shall not be considered in any manner to be CONTRACTOR
20
employees.
21
CONTRACTOR is, and shall at all times be deemed to be, an independent
22
contractor. Nothing herein contained shall be construed as creating the
23
relationship of employer and employee or principal and agent between
24
COUNTY and CONTRACTOR or any of CONTRACTOR'S agents or
25
employees. CONTRACTOR, its agents and employees shall not be entitled to
26
any rights or privileges of COUNTY employees and shall not be considered in
27
any manner to be COUNTY employees.
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2013-244
1 H. ALTERATION OF TERMS:
2 This Agreement fully expresses all understanding of CONTRACTOR and
3 COUNTY with respect to the subject matter of this Agreement and shall
4 constitute the total Agreement between the parties for these purposes. No
5 addition to, or alteration of, the terms of this Agreement shall be valid unless
6 made in writing, formally approved and executed by duly authorized agents of
7 both parties.
8 I. INDEMNIFICATION:
9 COUNTY, its officers, agents, employees, and independent contractors shall not
10 be deemed to have assumed any liability for the negligence or any other act or
11 omission of CONTRACTOR or any of its officers or employees.
12 CONTRACTOR shall indemnify and hold COUNTY, its officers, agents,
13 employees and independent contractors free and harmless from any claim or
14 liability whatsoever based or asserted upon any act or omission of
15 CONTRACTOR, its officers, agents, employees, and independent contractors
16 related to this Agreement, for property damage, bodily injury or death or any
17 other element of damage of any kind or nature, and CONTRACTOR shall
18 defend at its expense, including attorney fees, COUNTY, its officers, agents,
19 employees and independent contractors in any legal action or claim of any kind
20 based upon such alleged acts or omissions.
21 COUNTY shall indemnify and hold CONTRACTOR, its officers, agents
22 employees and independent contractors, free and harmless from any claim or
23 liability whatsoever, based or asserted upon any act or omission of COUNTY, its
24 officers, agents employees, and independent contractors related to this
25 Agreement, for property damage, bodily injury or death, or any other element of
26 damage of any kind or nature, and COUNTY shall defend, at its expense,
27 including attorney fees, CONTRACTOR, its officers, agents, employees and
28
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2013-244
1 independent contractors in any legal action or claim of any kind based upon
2 such alleged acts or omissions.
3 IN WITNESS WHEREOF, the parties have executed the AGREEMENT in the County
4 of Orange, State of California.
5 DATED:
6
7
BY:
8 City Manager
9
10 Approved as to form:
11 JAMES F. PENMAN,
12 City Attorney
13
14 By. 71
15
DATED:
16
17 COUNTY OF ORANGE
18
BY:
19
20 TITLE:
21
22
23 APPROVED AS TO FORM:
Benjamin P. de Mayo, County Counsel
24 Orange County, California
25 BY:
26 Deputy
8/14/13
27
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2013-244
1 JOINT POWERS AGREEMENT
2 BETWEEN THE
3 COUNTY OF ORANGE
4 AND
5 SAN BERNARDINO POLICE DEPARTMENT
6
Septemb e
7 THIS AGREEMENT is entered into this First day of 2013, which
8 date is enumerated for purposes of reference only, by and between the COUNTY OF
9 ORANGE, a political subdivision of the State of California, hereinafter referred to as
10 "COUNTY" and City of San Bernardino, a governmental entity located outside the
11 County of Orange, hereinafter referred to as "CONTRACTOR."
12 WITNESSETH:
13 WHEREAS, COUNTY has the authority, exercised through its Sheriff, to
14 perform forensic analysis and consultations in investigating criminal activity;
15 WHEREAS, CONTRACTOR has the authority, exercised through its
16 Chief of Police, (hereinafter referred to as CHIEF LAW ENFORCEMENT OFFICER) to
17 perform similar forensic analysis and consultations;
18 WHEREAS, CONTRACTOR wishes to contract with COUNTY for said
19 analyses and consultations;
20 WHEREAS, COUNTY is agreeable to the rendering of such services on
21 the terms and conditions hereinafter set forth;
22 WHEREAS, COUNTY'S Board of Supervisors, by Resolution Number 02-
23 133, has authorized COUNTY'S Sheriff-Coroner, Assistant Sheriff of
24 Investigations/Communications and Director or Assistant Director of the Orange
25 County Crime Lab (formerly "Forensic Sciences Services Division" and hereinafter
26 referred to as "SHERIFF") to execute agreements of this type on behalf of COUNTY;
27 III
28
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2013-244
1 NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
2 TABLE OF CONTENTS
3
4 SECTION PAGE
5 A. Term 3
6 B. Optional Termination 3
7 C. Disposition Of Property Upon Termination 3
8 D. Services by COUNTY 3
9 E. Payment 4
10 F. Notices 5
11 G. Status of COUNTY AND CONTRACTOR 6
12 H. Alteration of Terms 7
13 I. Indemnification 7
14 Signature Page 8
15 III
16 III
17 III
18 III
19 III
20 III
21 III
22 III
23 III
24 III
25 III
26 III
27 III
28
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2013-244
1 A. TERM:
2 The term of this Agreement shall be the period of three (3) years, unless earlier
3 terminated by either party in the manner set forth herein.
4 B. OPTIONAL TERMINATION:
5 COUNTY or CONTRACTOR may terminate this Agreement, without cause,
6 upon fourteen (14) days written notice to the other party.
7 C. DISPOSITION OF PROPERTY UPON TERMINATION:
8 If, at the time this Agreement terminates, COUNTY has in its possession items
9 submitted for examination or other evidence provided by CONTRACTOR on
10 which COUNTY has not yet completed forensic analysis, COUNTY shall return
11 said items submitted for examination or other evidence to CONTRACTOR.
12 D. SERVICES BY COUNTY:
13 1. COUNTY'S SHERIFF shall administer this Agreement.
14 At his sole discretion, COUNTY'S SHERIFF, through his Forensic Sciences
15 Services Division, shall render to CONTRACTOR the following forensic analysis
16 and consultation services as requested by CONTRACTOR'S CHIEF LAW
17 ENFORCEMENT OFFICER:
18
19 Case Number:
20 1. Sample and analyze DNA from evidence and standard. Enter any DNA
21 profile foreign to the victim into CODIS.
22
23 Total estimated hours: hours
24
25 2. COUNTY'S SHERIFF shall provide all manpower, supervision, training,
26 services, supplies and equipment necessary to perform the analysis and
27 consultation services as required in this Agreement.
28
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• 2013-244
1 3. COUNTY'S SHERIFF shall provide CONTRACTOR with written forensic
2 analysis results within the following time periods after receipt of samples or
3 evidence for analysis:
4 30 days after receipt of evidence
5
6
7
8
4. Court testimony required in connection with or pertaining to any forensic
9
analysis and/or consultation will be provided by COUNTY, as agreed by
10
COUNTY'S SHERIFF and CONTRACTOR'S CHIEF LAW ENFORCEMENT
11
OFFICER.
12
E. PAYMENT:
13
1. CONTRACTOR agrees to pay to the COUNTY the costs of performing the
14
services mutually agreed upon in this Agreement. The cost of service will be
15
an hourly rate that includes: salaries, wages, benefits, services, supplies,
16
equipment, and divisional, department and County General overhead. If
17
court testimony is requested, the cost shall be a charge to CONTRACTOR in
18
addition to the charge for forensic analysis and/or consultation.
19
2. The hourly rate charged to the CONTRACTOR shall be computed by the
20
ORANGE COUNTY SHERIFF-CORONER in accordance with salaries,
21
wages, benefits, services, supplies, equipment, and divisional, department
22
and County General overhead rates in effect at the time the services are
23
provided.
24
3. COUNTY shall invoice CONTRACTOR monthly for services provided in the
25
preceding month.
26
4. CONTRACTOR shall pay COUNTY for forensic analyses and consultations
27
in accordance with COUNTY Billing Policy. COUNTY shall charge
28
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2013-244
1 CONTRACTOR late payment penalties in accordance with said COUNTY
2 Billing Policy.
3 5. If testimony is requested or required by a COUNTY employee, in connection
4 with or pertaining to a forensic analysis and/or consultation, CONTRACTOR
5 shall pay COUNTY no later than ten (10) days prior to the first day on which
6 it is anticipated the COUNTY employee will testify. Said initial payment shall
7 be at the county rate in effect at the time of request multiplied by the
8 estimated number of hours the COUNTY witness spends to appear and
9 testify. At the conclusion of the testimony, CONTRACTOR shall reimburse
10 COUNTY for the full cost to COUNTY of having the witness testify, including:
11 a. The full cost of the witness' round trip travel between COUNTY and the
12 place of testimony.
13 b. The full cost of the witness' salary and benefits while travelling and
14 staying in the area where he/she is to testify.
15 c. The full cost of the witness' meals and lodging while travelling to and
16 from and staying in the area where he/she will testify.
17 d. COUNTY'S indirect costs as calculated by the County Auditor-Controller
18 and SHERIFF'S staff.
19 e. Any other expenses that may be incurred by COUNTY or the witness in
20 connection with the witness' testimony.
21 6. CONTRACTOR shall pay COUNTY the balance of the cost for the testimony
22 of the COUNTY witness within thirty (30) days after the billing date on the
23 invoice.
24 F. NOTICES:
25 1. Except for the notices provided for in Subsection 2 of this Section, all notices
26 authorized or required by this Agreement shall be effective when written and
27
28
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2013-244
1 deposited in the United States mail, first class postage prepaid and
2 addressed as follows:
3 COUNTY: ATTN: DIRECTOR, OC CRIME LAB
SHERIFF-CORONER DEPARTMENT
4 320 NORTH FLOWER ST
5 SANTA ANA CA 92703
6 CONTRACTOR: San Bernardino Police Department
7 710 North n Street
8
San Bernardino. CA 92407
9
10
2. Termination notices shall be effective when written and deposited in the
11
United States mail, certified, return receipt requested and addressed as
12
above.
13
G. STATUS OF COUNTY AND CONTRACTOR:
14
COUNTY is, and shall at all times be deemed to be, an independent contractor.
15
Nothing herein contained shall be construed as creating the relationship of
16
employer and employee or principal and agent between CONTRACTOR and
17
COUNTY or any of COUNTY's agents or employees. COUNTY, its agents and
18
employees shall not be entitled to any rights or privileges of CONTRACTOR
19
employees and shall not be considered in any manner to be CONTRACTOR
20
employees.
21
CONTRACTOR is, and shall at all times be deemed to be, an independent
22
contractor. Nothing herein contained shall be construed as creating the
23
relationship of employer and employee or principal and agent between
24
COUNTY and CONTRACTOR or any of CONTRACTOR'S agents or
25
employees. CONTRACTOR, its agents and employees shall not be entitled to
26
any rights or privileges of COUNTY employees and shall not be considered in
27
any manner to be COUNTY employees.
28
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• 2013-244
1 H. ALTERATION OF TERMS:
2 This Agreement fully expresses all understanding of CONTRACTOR and
3 COUNTY with respect to the subject matter of this Agreement and shall
4 constitute the total Agreement between the parties for these purposes. No
5 addition to, or alteration of, the terms of this Agreement shall be valid unless
6 made in writing, formally approved and executed by duly authorized agents of
7 both parties.
8 I. INDEMNIFICATION:
9 COUNTY, its officers, agents, employees, and independent contractors shall not
10 be deemed to have assumed any liability for the negligence or any other act or
11 omission of CONTRACTOR or any of its officers or employees.
12 CONTRACTOR shall indemnify and hold COUNTY, its officers, agents,
13 employees and independent contractors free and harmless from any claim or
14 liability whatsoever based or asserted upon any act or omission of
15 CONTRACTOR, its officers, agents, employees, and independent contractors
16 related to this Agreement, for property damage, bodily injury or death or any
17 other element of damage of any kind or nature, and CONTRACTOR shall
18 defend at its expense, including attorney fees, COUNTY, its officers, agents,
19 employees and independent contractors in any legal action or claim of any kind
20 based upon such alleged acts or omissions.
21 COUNTY shall indemnify and hold CONTRACTOR, its officers, agents
22 employees and independent contractors, free and harmless from any claim or
23 liability whatsoever, based or asserted upon any act or omission of COUNTY, its
24 officers, agents employees, and independent contractors related to this
25 Agreement, for property damage, bodily injury or death, or any other element of
26 damage of any kind or nature, and COUNTY shall defend, at its expense,
27 including attorney fees, CONTRACTOR, its officers, agents, employees and
28
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2013-244
1 independent contractors in any legal action or claim of any kind based upon
2 such alleged acts or omissions.
3 IN WITNESS WHEREOF, the parties have executed the AGREEMENT in the County
4 of Orange, State of California. Vc:=7 5 DATED: 7/1 3
s
BY: 911(111
8 City Manager
9
10 Approved as to form:
11
JAMES F. PENMAN,
12 City Attorney
13
14 By: 17-
15
16 DATED: 9 ) 2
17 COUNTY OF ORANGE
18
BY: 41111 !�
19
20 TITLE: ` _� ,
21
22
23 APPROVED AS TO FORM:
Benjamin P. de Mayo, County Counsel
24 Orange County, California
25 BY:
26 Deputy
8/14/13
27
28
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