HomeMy WebLinkAboutRes1997-084
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Sponsored by: Garzini
CITY OF SEWARD, ALASKA
SUBSTITUTE RESOLUTION NO. 97-084
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, APPROVING THE USE AGREEMENT BETWEEN A VTEC AND
THE CITY OF SEWARD FOR THE STUDENT SERVICES CENTER
WHEREAS, the City of Seward desires to enter into a one-year use agreement with A VTEC
to provide public recreation programs at the Student Services Center; and
WHEREAS, the agreement defines the roles and responsibilities of A VTEC and the City
for the benefit of A VTEC students and the public; and
WHEREAS, funding is included in the proposed FY 1998 budget;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, that:
Section 1. The use agreement between the Alaska Vocational Technical Center and the City
of Seward, attached and incorporated herein by reference, is hereby approved for the period
beginning July 1, 1997 and ending June 30, 1998.
Section 2. Approval of the use agreement is contingent upon approval of funds included in
the FY 1998 budget.
Section 3. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 23rd
day of June, 1997.
THE CITY OF SEWARD, ALASKA
AYES:
NOES:
ABSENT:
ABSTAIN:
Anderson, Bencardino, Blatch
None
None
None
, Clark, Crane, Keil, King
CITY OF SEWARD, ALASKA
RESOLUTION NO. 97-084
ATTEST:
P a3::1 'l; L-D ) .2:J.j ~
Patricia 1. Jones, CMC
Acting City Clerk
(City Seal) 'I"
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AGREEMENT
between
Alaska V ocational Te~hnical Center
and City of Seward
This is an agreement between the:
Alaska Vocational Technical Center (A VTEC)
P.O. Box 889
Seward, Alaska 99664
(907) 224-3322
and the
City of Seward (City)
P.O. Box 167
Seward, Alaska 99664
(907) 224-4057
for use of the Student Services Center (SSC) by the Seward Parks and Recreation
Department (SPRD). Each party will provide service as indicated in the agreement for
each year that the agreement is in effect.
The purpose of this agreement is to define the roles and responsibilities of A VTEC and the
City, both entities held accountable for the management of the SSC facility to benefit
A VTEC student use, A VTEC staff use, and public use through the SPRD. A VTEC's goal
is to meet the needs of A VTEC students first and provide access to the public second.
This agreement shall become effective on the date of signature (by both parties) for July 1,
1997 - June 30, 1998. The agreement may be terminated by either party with thirty (30)
days of written notice of termination delivered by first class mail to the last known address
of the other party, by fax, or by person.
This Use Agreement may be amended at any time during the one-year period when
mutually negotiated and accepted by both the City of Seward and the Alaska Vocational
Technical Center. Proposed amendments regarding time, usage, services, roles and
responsibilities may be presented in writing to either party and initiated by either party.
A VTEC I City of Seward SSC Use Agreement
THE ALASKA VOCATIONAL TECHNICAL CENTER AGREES TO:
1. Provide the City with the following base schedule unless otherwise noted in this
agreement during the program year (when classes are in session):
Monday, VVednesday,Friday
Tuesday, Thursday
7:00 am to 6:00 pm
7:00 am to 5:00 pm
6:00 pm to 10:00 pm*1
6:00 pm to 9:00 pm*2
7:00 am to 2:00 pm
10:00 am to 5:00 pm
33.0 hours
20.0 hours
8.0 hours
3.0 hours
7.0 hours
7 0 hours
78 hours
Friday
Saturday
Sunday
* 1. Excluding all areas April 1 - June 30, 1997 quarter.
* 2. Excluding the gym
2. Provide the City use of the gym, racquetball court, weight room, locker rooms, and
sauna unless otherwise noted in this agreement during the base schedule hours, all year
long, plus during Summer Break (July 1, 1997 - August 23, 1997), and during Christmas
Break (December 20, 1997 - January 4, 1998).
3. Allow.the City continuous use of office space for the Parks and Recreation Department
in its present location across from the gym and of the southernmost storage closet in the
gym. Provide a bulletin board in the SSC hallway for SPRD publications.
4. Make the crafts room available on a request basis. Make the gym available on a
request basis during the April- June quarter, Tuesday and Thursday evenings 6-10 pm.,
and during any quarter, Friday evenings 6-9 pm.
5. Provide the City additional hours on a request basis as specified below.
6. Notify the City in writing of special A VTEC facility uses during the agreed upon City
schedule at least two weeks in advance.
7. Notify the City in writing offacility closures due to maintenance work at least two
weeks in advance or as soon as is practical.
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A VTEC I City of Seward SSC Use Agreement
8. Provide all janitorial supplies, such as cleaning products, paper products, and light
bulbs, and shared use of custodial equipment, SUCh as carpet cleaners and vacuums, as
requested and approved on appropriate forms. Provide a secured custodial storage closet
on the first floor. Replacements for supplies and equipment, damaged or worn out due to
regular use, will be provided within two weeks of submitting of appropriate written
requests or a response as to the reason for delay in replacement will be provided within
two weeks.
9. Maintain and repair A VTEC-owned recreation equipment and structures located within
the SCC facility.
SPRD will submit VV ork Orders, recommendations on safety hazards and other reports per
written guidelines, and as listed in Appendix AA.
Work requests will be reviewed and addressed within the time frames and guidelines listed
in Appendix BB.
THE CITY OF SEWARD AGREES TO:
1. Provide City personnel to supervise all City sponsored activities in the Student Services
Center.
2. Supervise, hire, employ and/or contract custodial work as per specific requirements
defined within Appendix CC. .
3. Provide access to SPRD public programs to all A VTEC students, each with a valid ID
noting the student is currently enrolled, to:
a. Public use drop-in programs. Any drop-in, non-registration program shall be
made available to all age-appropriate A VTEC students at no charge during the
scheduled time. Examples: weight room, racquetball, drop-in wallyball, open gym,
open roller skate. Exclusions: Indoor Park is for A VTEC students with children up
to age 5 only. Kids Gym or Kids Skate is open only to defined ages.
b. Classes. Any registration class shall be opened to all age-appropriate, valid
A VTEC students at no charge. This includes classes in which instructors are
contracted or paid.
c. Leagues and Tournaments. All leagues and tournaments are opened to all age-
appropriate, valid A VTEC students, as defined within Appendix DD.
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A VTEC I City of Seward SSC Use Agreement
4. Provide access to SPRD public programs to all A VTEC staffwith valid ill during
published, open hours, Monday through Friday, ending at 6:00 pm each day. Exclusion:
A VTEC staff, regular and adjunct, will pay regular public fees for classes, leagues,
tournaments, and other special programs.
5. Forward a copy of each SPRD publication relating to A VTEC/SPRD programs to the
Residence Life Coordinator at 224-3380 (fax) in order to advertise and organize students
who want to participate. This will be forwarded at least two weeks prior to the event,
whenever the publication is printed two weeks in advance. The SPRD quarterly brochure
shall serve as notification for most events; additional publications will be forwarded to
A VTEC, if printed. Exception: Divisions or age specific events which exclude A VTEC
students may not be forwarded.
6. Submit requests to the Administrative Secretary at 224-3380 (fax) for additional hours
added to the City base schedule at least two weeks in advance of the event.
A VTEC will respond with an approval or denial within 72 hours of such requests.
7. Coordinate, schedule and supervise public requests for facility use during SPRD time.
SPRD will request additional time for public requests for time outside of base schedule to
the Administrative Secretary at 224-3322 (phone). Upon written approval, SPRD will
schedule and supervise.
8. Pay a total annual rent of$12,576 in 12 (twelve) equal payments of$1048 due the 1st
(first) of each month.
9. SPRD will not be responsible for managing or supervising the building, or for assisting
A VTEC students or staff during non-SPRD public hours or time. SPRD will not be
required to remove unauthorized users during non-SPRD public hours. However, SPRD
agrees to notify A VTEC of known unauthorized use and other suspicious activity.
SPRD has the right to reduce the base hours of public service as defined by this agreement
according to public need and budget. SPRD will not be responsible for management or
supervision during the defined base hours if required to reduce published, open, public use
hours.
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A VTEC I City of Seward SSC Use Agreement
INDEMNIFICATION:
The City shall indemnify, defend, and hold A VTEC and the State of Alaska harmless from
any liability, action, claim, suit, loss, property damage, or personal injury of whatever kind
resulting from or arising out of any act of commission or omission by the City, or its
agents, employees, guests, invitees, or customers; or arising from or connected with the
City's use and occupation of the premises; or arising from or connected with the exercise
of the rights and privileges granted by this agreement to the City.
A VTEC shall indemmfY, defend, and hold the City of Seward harmless from any liability,
action, claim, suit, loss, property damage, or personal injury of whatever kind resulting
from or arising out of any act of commission or omission by A VTEC, or its agents,
employees, guests, invitees, or customers; or arising from or connected with the A VTEC's
use and occupation of the premises.
If there is a claim of, or liability for, the joint negligent error or omission of the City
including its employees, agent or contractors, and the independent negligence of A VTEC
or the State of Alaska, the indemnification and hold harmless obligation shall be
apportioned on a comparative fault basis.
The obligations of this agreement to indemnifY shall survive the expiration or termination
of this Agreement.
INSURANCE:
The City of Seward shall secure or purchase at its own expense and maintain in force at all
times during the te~ of this Agreement, the following policies of insurance to protect
both the City and the A VTEC (the State, its officers, agents, and employees). Where
specific limits are shown, it is understood that they shall be the minimum acceptable limits.
If the City's policy contains higher limits, the State shall be entitled to coverage to the
extent of such higher limits. Certificates ofInsurance must be furnished to the A VTEC's
Business Offices prior to occupancy. Failure to furnish satisfactory evidence of insurance,
or lapse of the policy, are material breaches of this contract and shall be grounds, at the
option of the State, for termination of this agreement. All insurance policies shall comply
with, and be issued by, insurers licensed to transact the business ofinsurance under AS21.
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A VTEC I City of Seward sse Use Agreement
WorKers Compensation Insurance: The City shall provide and maintain, for all its
employees, coverage as required by AS 23.30.045, and where applicable, comply
with any other statutory obligations. The policy must waive subrogation against
the State.
Commercial General I.iahility Insurance' Such policy shall have minimum
coverage limits ofS500,000 combined single limit per occurrence. It shall provide
for fire legal liability coverage. The policy shall be written on an "occurrence"
form unless specifically reviewed and agreed to, by the Division of Risk
Management. The State must be named as an additional named insured on the
policy with respect to the operations of the lessee on or in conjunction with the
leased premises.
ADA COMPLIANCE
A VTEC acknowledges that it is a public accommodation and shall comply with all
applicable provisions of the American with Disabilities Act (ADA), and regulations
promulgated thereunder with r~spect to the facilities rented and services provided under
this agreement. A VTEC shall not be responsible for any ADA requirements applicable to
the City, its agencies or subcontractors.
The City shall make inquiry of all prospective participants as to any special requirements
that may be required and in the event that the City is given actual notice that a participant
in the program will have special needs, the City shall notifY A VTEC of the special needs
reported by the individual(s) and shall cooperate with and assist A VTEC in providing
reasonable accommodation to the identified special needs. A VTEC shall not be
responsible for any claims, suits, penalties, fines, damages or liability caused in whole or in
part by the City's failure to adequately notifY A VTEC of the special needs of any of its
participants or employees. The City shall be solely responsible for ADA compliance in
supplying auxiliary services or aids for its specific classes, programs, and all other City
sponsored or endorsed program activities or events.
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A VTEC I City. of Seward SSC Use Agreement
CONFLICT RESOLUTION
In general, resolution of any discrepancy or situation that results from following the
guidelines established by this document or not covered by provisions of this document
shall be resolved by representatives of each party signing this agreement in the following
order:
Level I SPRD Sports & Recreation Coordinator and A VTEC Residence Life
Coordinator
Level 2 SPRD Director and A VTEC Student Services Administrator
Level 3 City of Seward Manager and A VTEC Director
VVhat cannot be resolved at Level 1 will be advanced to Level 2 and, failing resolution at
this level, to Level 3. It is expected that all matters pertaining to security, maintenance,
supplies, programming, scheduling, and facility use in general will start at Levell.
Any situation requiring amendments to this agreement or resolving personnel issues will
begin at Level 2.
~J~L
Ron Garzini
City Manager
City of Seward .
Director
Alaska Vocational Technical Center
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A VTEC I City of Seward SSC Use Agreement
APPENDIX AA
PROCEDURES FOR REQUESTING SUPPLIES, EQUIPMENT &
MAINTENANCE, AND FOR REPORTING DAMAGES & SECURITY
BREACHES
A. REQUESTING SUPPLIES AND EQUIPMENT
1. All requests for supplies and equipment are sent to the SPRD Sports and
Recreation Supervisor. The Supervisor will pass those requests which fall under the
responsibility of A VTEC to the A VTEC Residence Life Coordinator using the
standard Stock Request form. The Residence Life Coordinator will respond to each
request within two weeks of the date on the request, either by fulfilling the request or
telling the Sports and Recreation Supervisor why A VTEC is unable to fulfill it, e.g.
on order, etc.
B. REQUESTING ROUTINE MAINTENANCE
1. Work orders for routine or incidental maintenance on equipment or the facility are
faxed to the Residence Life Coordinator directly on a standard Work Order form.
2. The Residence Life Coordinator passes those which he/she cannot address as part
of hislher duties on to the A VTEC Maintenance Department. The Maintenance
Department will assign the work order to staff to complete.
C. REQUESTING IMMEDIATE MAINTENANCE
1. Maintenance needing immediate attention (emergency, hazardous, or urgent
situations) is reported to the AVTEC staff person on duty. During the early morning
hours, the report is made to the dorm attendant who will contact the maintenance
person on call. During normal business hours, after 8 a.m., call the A VTEC
Maintenance Director directly; if unable to contact Maintenance, then SPRD staff
may contact the dorm custodian who will contact Maintenance.
D. HANDLING LIFE THREATENING EMERGENCIES
1. Should a life threatening emergency develop, affecting the immediate safety and
life ofSPRD staffin the building, call 911 immediately.
2. Then, if necessary, follow evacuation procedures.
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A VTEC I City of Seward SSC Use Agreement
E. REPORTING CRIMINAL ACTIVITY
1. SPRD staff verbally report all evidence of criminal activity such as a break-in or
vandalism first to the police, second to the A VTEC staff person on duty, and then to
the SPRD supervisor on duty.
2. The SPRD staff person discovering the criminal activity prepares a written
statement on observations and actions taken with copies to the Sports & Recreation
Supervisor and to the Residence Life Coordinator.
3. The evidence should not be touched or cleaned up and the area in which the
evidence is located until released by the police.
F. REPORTING OTHER SAFETY/SECURITY PROBLEMS
1. Evidence of safety hazards or security breaches, such as unlocked doors, are
logged and reported to the Sports & Recreation Supervisor who will forward the
report to the Residence Life Coordinator.
2. Likewise, breaches noted by A VTEC staff are reported and a report copy sent to
the Sports and Recreation Supervisor.
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A VTEC I City of Seward SSC Use Agreement
APPENDIX BB
A VTEC FACILITYIEQUIPMENT REPAIRS AND MAINTENANCE: REVIEW
AND RESPONSE TIMES
A. EMERGENCY, HAZARDOUS, AND URGENT MATTERS
1. SPRD will notifY A VTEC staff as soon as the problem is discovered (See
Appendix AA for procedures). A VTEC will respond immediately, within no later
than an hour. A VTEC will notify SPRD of any safety measures or closures as soon
as these are known.
B. ROUTINE & INCIDENTAL FACILITYIEQUIPMENT REPAIRS &
MAINTENANCE
1. A VTEC will respond to written VVork Orders within 72 hours, i.e. assign the
work order to be reviewed and completed (See Appendix AA). Within two weeks,
A VTEC Maintenance will complete the job and notify SPRD of the status of the
Work Order. VVhen response is untimely, SPRD may call the Maintenance Director
for information.
C. SCHEDULED MAINTENANCE
1. Inform SPRD of any maintenance which will close or affect SPRD programs
(weight room, showers, racquetball court, gym, office, hallways) on a quarterly basis.
Notification should be received by August '96, November '96, February '97 and May
'97 for subsequent quarters having scheduled maintenance projects, such as painting,
etc.
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A VTEC I City or Seward SCC Use Agreement
APPENDIX CC
CUSTODIAL REOUlREMENTS
The City or Seward shall be resoonsible ror:
Janitorial duties according to specifications set for the Alaska Vocational Technical Center's Student
Services Center Facility. Schedules and performs appropriate janitorial duties. Inventories and orders
as necessary janitorial supplies and equipment. Reports maintenance and repair to supervisor (or
contractor). Meet with supervisor monthly. Unlock doors for public use. Survey problems at end of
shift. Inspect each room for cleanliness as leaving each day. Performs other duties as needed or
assigned.
The foUowing are listed according to ti1neRocoJion:
A. DAILY DUTIES:
Locker Rooms: Check paper dispensers, clean and sanitize sinks, clean and sanitize toilets,
empty trash, scrub shower, vacuum/sweep, mop, spray deodorant, clean
mirrors.
Game Room: Clean ashtrays, empty trash, sweep, mop, dust, spot-mop stains, remove
graffiti etc.
Gym:
Racquetball Court: Sweep and remove marks on floor & walls.
Sweep floor/bleachers, clean and sanitize faucets/sinks, remove gum, graffiti,
and marks from bleachers/floors.
Checkout Area, A VTEC, Office" Kitchen:
(Shall be cleaned by A VTEC.)
Weightroom:
Vestibules:
Hallways:
Lobby:
Sweep, dust/clean weights and equipment, sanitize all seating areas and
handles.
Vacuum, clean windows/sills.
Sweep or vacuum, empty trash, mop (daily in winter), remove graffiti
and marks, etc.
Sweep/vacuum/mop as needed, dust, empty trash, vacuum rugs.
Crafts, Ceramics Room:
Sweep/mop, empty trash, clean/dust surfaces, sinks, tables (especially
after each class). Remove stains.
Janitor's CloseUStorage:
Keep work area clean and organized.
Outdoor Ash Trays: Empty and clean daily, and as needed.
As time allows:
Clean door handles, remove stains, treat doors, clean r-ball court/walls.
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B. BI-WEEKLY DUTIES:
Locker Rooms: Sauna, polish chrome and stainless pieces. Sanitize stall walls, doors.
" Restrooms: Change A VTEC-provided light bulbs as needed.
Racquetball Court: Clean windows and doors, or as needed, clean floor.
Weightroom: Scrub/mop floors. Change A VTEC-provided light bulbs as needed.
SPRD omce, check-out area " kitchen, hallways, north vestibule, lobby, craft room, custodial
closet: Change A VTEC-provided light bulbs as needed.
C. WEEKLY DUTIES:
Locker Rooms:
Gym:
Hallways:
Weightroom:
Wipe down lockers, mop using strong detergent. Clean ceramic
walls, check soap dispensers, and hose floors.
Mop twice (2) weekly.
Mop (weekly in summer), spot mop as needed.
Janitor's CloseUStorage: Mop
Clean mirror, polish stainless and chrome.
Locker Rooms:
D. SUMMER / CHRISTMAS BREAKS:
Clean men's/women's lockers, walls, and showers.
Game Room:
Gym:
Racquet Ball Court: Clean walls/windows up to ceiling.
Wash grout, wash walls.
Weightroom:
Vestibules:
~lIway:
Lobby:
Scrub and buff floor, mop and wax bleacherslbackboards.
Scrub floor well and base of machines.
Clean carpets, scrub windows/sills inside and out up to ceiling.
Clean grout. Wash snack bar area.
Shampoo carpets. Clean grout with appropriate cleaners.
Crafts Ceramics Room: Scrub and buff floors. Scrub walls.
Upstairs:
Janitor's Closet/Storage: Scrub floor.
Shampoo carpets.
E. AS NEEDED:
SPRD shall shovel the two, east-to-west walkways.
A VTEC shall maintain and clear. the 4th Avenue north-to-south sidewalk.
A VTEC will replace lights and light bulbs in the gymnasium, racquetball court, south vestibule I
lobby, and the gameroom.
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AVTEC / City of Seward SCC Use Agreement
APPENDIX DD
Leagues & Tournaments
A. Leagues: All leagues are opened to all age-appropriate, valid A VTEC students within the following
guidelines: (Fees are required to cover the costs of officials, league management and awards.)
1. (Men's) Basketball League. A manager is required to serve as team representative.
The manager may be an adult volunteer, student or paid staff member. No manager; no league
admittance, per establish league guidelines. Each team member must sign a player contract for one team.
If A VTEC sponsors two teams, the player (and/or manager) must choose one team. The player will be
responsible for the individual player fee, (currently $50 per player, $25 per season half.) A VTEC may
choose to pay this fee for each player. (In previous years, AV7EC charged the student the initial $25 to
offiet the cost of their AV7EC team jersey, ordered by AV7EC, which the student then owned. Then
AV1EC paid the second half $25 player fee directly to SPRD for each continuing student.) The team
sponsorship fee (currently $325 per team) is not charged to any AVTEC team. A copy of the 1995 -
1996 5MBL rules are attlIchedfor reference. Women are invited to participate in this league.
2. Co-ed Volleyball League. A manager is required to serve as team representative. The
manager may be an adult volunteer, student or paid staff member. No manager; no league admittance,
per establish league guidelines. Each team member must sign a player contract for one team. If A VTEC
sponsors two teams, the player (and/or manager) must choose one team. The player will be responsible
for the individual player fee, (currently $10 per player, per "quarter.") A VTEC may choose to pay this
fee for each player, as in previous years. The team sponsorship fee (currently $110 per team, per
"quarter") is not charged to any A VTEC team.
3. Co-ed Wallyball League. A manager is required to serve as team representative. One
A VTEC student team, per quarter, will not be charged the team sponsorship fee (currently $85 per team,
per "quarter.") Subsequent teams will be charged the team sponsorship fee to cover league costs. This
league adopted a new payment procedure, and this may require amendment.
4. Other Leagues - not currently programmed - will be made available to all A VTEC
students on a case by case basis in terms of fees. The basic formula will require that the students will pay
the player fee; A VTEC will not be charged the sponsor fee. (Generally, A VTEC opts to pay the player
fee for the individuals about 50% of the time.)
5. Forfeitures. Abuse of any forfeiture regulation may deny further participation in any
league or tournament.
B. Tournaments.
All tournaments are opened to all age-appropriate, valid A VTEC students within the following division
(skill) and payment guidelines: (Fees are required to cover the costs of officials, league management and
awards. Divisions are required to ensure a quality tournament to all sponsors, players and managers.)
1. Divisions. Any tournament (invitational or otherwise) which advertises a format
limiting or including divisions shall be restricted only to those divisions, and only to those players within
said divisions. Division status is generally determined by local league performance.
2. Payment. A VTEC shall be charged the team entry fee for each team entering a SPRD
tournament. Exceptions: SPRD will not charge team entry fees for up to one wallyball team per wallyball
tourney; and up to three players per racquetball tourney.
3. Forfeitures. Abuse of any forfeiture regulation may deny further participation in any
league or tournament.
* Recommend: AV1EC team managers (and/or student leaders) introduce themselves to SPRD
staff (especially Spans & Rec Super, Rick Bittick) to review, comment and receive help on league
and tourney policies, etc...
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