HomeMy WebLinkAbout2001-02-13; City Council; 16051; Agreement For Phase 3 Of Internet Web Sitewp 0) iif 2
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CITY OF CARLSBAD - AGENDA BILL
AB# j L,&j TITLE:
AGREEMENT TO CONSTRUCT PHASE 3 OF THE
MTG. .k&Z?!, CITY OF CARLSBAD INTERNET WEB SITE
DEPT. IT
RECOMMENDED ACTION:
‘q CITY MGR
Adopt Resolution No. 2@/-,39 approving an Agreement with Queen K Advertising
in the amount of $45,274 for the construction of Phase 3 of the City of Carlsbad
Internet Web Site.
ITEM EXPLANATION:
On April 14, 1999, the City Council approved an Agreement with Queen K Advertising to
design and construct Phase 1 of the City’s Internet web site. On September 28, 1999,
Phase 1 of the City of Carlsbad site, www.ci.carlsbad.ca.us, was completed and
launched for the public. This first phase was a comprehensive “snapshot” of the services
the City offers the community, providing a multitude of static information pages.
The original Request For Proposal included three phases of the City’s web site
development; however, the original agreement only encompassed Phase 1. Since the
contractor has gained knowledge about the city’s project, and since the initial proposal
included all three phases, the Purchasing Officer has waived the requirements of Section
3.28.150 of the Municipal Code.
The second phase is now complete, with many new pages as well as changing
information such as calendars, schedules, employment opportunities, public hearing
notices, and meeting agendas. Since much of the Phase 2 information needs to be
continuously updated, the required staff resources and web tools were also put in place
to meet the challenge of maintaining a site that is current.
Phase 3 is now planned to incorporate more comprehensive city information (What’s
New page, and many more pages for Community Development and Public Works), as
well as interactive components, such as employment application forms, where people will
fill out the City’s employment application on line and submit it electronically. Business
license applications is also planned as an interactive component with plans to accept
credit card payments, for the City’s first experience with e-commerce. (This business
license website component will be handled separately.) It is anticipated that Phase 3
will be completed this fiscal year.
FISCAL IMPACT:
Queen K Advertising’s original bid for all three phases of the project was $71,080
($38,460 for Ph ase 1, $28,550 for Phase 2 and $4,070 for Phase 3). Once work began
and we progressed through Phase 1, staff reached a better understanding of our desired
content and the technologies available to deliver that information. As a result, it became
clear that our initial requests for Phase 2 and Phase 3 work were substantially
underestimated.
PAGE 2 OFAGENDA BILL NO. /(J,&\
Therefore, staff (with the assistance of Queen K) re-evaluated the desired content for
Phase 3. This current quote from Queen K for Phase 3 work is in the amount of
$45,274. The difference is a result of the revised numbers of pages, graphics, revisions,
and most importantly, the increase in technical programming time for the Administrative
interface utilities needed for staff to continually update information to keep the site
current.
Funds are available in the Information Technology Department’s FY 2000-01 budget.
Exhibit:
1. Resolution No. ‘@I” approving an agreement with Queen K Advertising for the
Purpose of Constructing Phase 3 of the City of Carlsbad Internet Web Site (with
attached agreement).
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RESOLUTION NO. 2o01-39
A RESOLUTION OF THE CITY OF CARLSBAD, CALIFORNIA
APPROVING AN AGREEMENT WITH QUEEN K ADVERTISING
FOR THE PURPOSE OF CONSTRUCTING PHASE 3 OF THE
CITY OF CARLSBAD’S INTERNET WEB SITE.
WHEREAS, Council approved the agreement with Queen K on January 4, 2000
for Phase 2 of a three-phase project designed to create a presence for the City on the
web; and
WHEREAS, Phase 1 and 2 of the City’s Internet Web Site are complete and the
City is desirous of expanding their presence and continuing with Phase 3; and
WHEREAS, the cost of the construction of Phase 3 of the Web Site will be
approximately $45,274; and
WHEREAS, funds are available in the FY 2000-01 Information Technology
Department budget;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, California as follows:
1. That the above recitations are true.
2. That the Agreement with Queen K Advertising attached hereto is hereby
approved, and the Mayor is authorized to execute the agreement on behalf of the City.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council
of the City of Carlsbad, California, held on the ,2001, by the 13th day of Februarv
following vote, to wit:
AYES: co until Members Lewis, Kulchin, Finnila, Nygaard and Hal
NOES: None
ABSENT: None
ATTEST: A
THIS AGREEMENT is made and entered into as of the February 22,
2001 by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter
referred to as “City”, and Queen K, Inc., a corporation, hereinafter referred to as
“Contractor.”
RECITALS
City requires the services of an Internet Web Site Design Contractor to provide the
necessary Internet Web Site Design and Construction services for preparation of the City
of Carlsbad Municipal Web Site (www.ci.carlsbad.ca.us); and Contractor possesses the
necessary skills and qualifications to provide the services required by the City;
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. CONTRACTOR’S OBLIGATIONS
Contractor will design and construct Phase 3 of the Internet Web Site for the City
of Carlsbad “www.ci.carlsbad.ca.us“, per the attached Exhibit A. Specifically, Queen K will
provide the following services:
l Queen K will implement new pages and/or functionality based on customer
requests. (Phase Ill)
l Queen K will implement changes to pages and/or functionality based on customer
requests.
l Queen K will implement changes to art elements, which require graphical design.
rev. 1 l/8/00
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2.
.
.
.
Queen K will implement changes to file and directory structures to support Site
Development. In this case, the City of Carlsbad will be notified of file and directory
changes.
Queen K will perform site indexing for searches.
Queen K will provide appropriate documentation to describe the design
specifications, functionality, directory structure, and any other information required
to support future maintenance by the City of Carlsbad.
Queen K will provide appropriate commenting within both the HTML and CGI code
to describe functionality and change history.
CITY OBLIGATIONS
The City shall:
provide information to Contractor on a timely basis.
review work submitted by the Contractor for acceptability.
provide direction for the Contractor when requested and as otherwise needed.
monitor the City’s Web Site for performance, accessibility, and overall esthetics.
initiate the requests for DNS services as needed.
provide file and/or directory maintenance based on Site Monitoring. In this case
Queen K will be notified prior to any maintenance for verification that the City’s
Web Site will not be adversely affected.
initiate the requests for upgrades as needed. In this case Queen K will be notified
prior to any upgrades for verification that the City’s Web Site will not be adversely
affected.
initiate the requests for back-ups as needed.
initiate the requests for server restores as needed. In this case Queen K will be
notified prior to any restore for verification that the City’s Web Site will not be
adversely affected.
rev. 1118100
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.
.
.
.
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3.
establish policies and procedures for back-up requirement, including the internal
back-up definitions.
provide requirements input, testing support, and approvals for new pages and/or
functionality provide by Queen K.
provide maintenance to those areas released by Queen K. Limited to HTML code
and corresponding link maintenance that does not impact the overall esthetics or
functionality of the site.
provide appropriate commenting within the HTML code to describe functionality
and change history.
develop and implement security protocols that will provide the reporting for
determining access to the site.
PROGRESS AND COMPLETION
The work under this contract will begin within one week of the effective date of the
agreement. Completion of work will be on or before June 30, 2001. Extensions of time
may be granted if requested by the Contractor and agreed to in writing by Lee
Rautenkranz, Information Technology Director. The Information Technology Director will
give allowance for documented and substantiated unforeseeable and unavoidable
delays not caused by a lack of foresight on the part of the Contractor, or delays caused by
City inaction or other agencies’ lack of timely action.
4. FEES TO BE PAID TO CONTRACTOR
Creation of the City Web Site is a three phase project. Phases 1 and 2 have been
completed by the Contractor per separate Agreements. This Agreement covers Phase 3,
as itemized in Exhibit A, in the amount of $45,274.
rev. 11/8/00
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No other compensation for services will be allowed except those items covered by
supplemental agreements per Paragraph 8, “Changes in Work.” The City reserves the
right to withhold a ten percent (10%) retention until the project has been accepted by
City.
Payments for services for Phase 3 will be paid as follows:
1”’ Payment due upon commencement of work in the amount of . . . . . . . . . . . , . . . . . . . . . .$15,091.33.
2nd Payment due upon receipt of invoice on April 15, 2001 in the amount of..... . . . $15,091.33.
3rd Payment due on receipt of invoice upon completion of job in the amount of . . . ..$15.091.34.
Grand Total
$45,274.00
In addition, due to the dynamic nature of the web and city operations, the City may
require additional services during Phase 3. If any additional services are requested,
Contractor will provide City with a written proposal for each requested project which may
be accepted or rejected by City. If accepted by City in writing, and upon completion of the
project, Contractor shall submit an invoice to City for approval. Total cost of additional
services shall not exceed $25,000.
When preparing a proposal for any additional services requested, contractor shall
use the following hourly rates:
Hourly rate for design work and HTML $65.00
Hourly rate for programming, including javascript and cgi scripts $100.00
5. DURATION OF CONTRACT
This agreement shall extend for a period of one year from date thereof. The
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rev. 11/8/00
contract may be extended by the City Manager for one additional one (1) year period or
part thereof, based upon a review of satisfactory performance and the City’s needs. The
parties shall prepare extensions in writing indicating effective date and length of the
extended contract.
6. PAYMENT OF FEES
Payment of approved items on the invoice shall be mailed to the Contractor within
30 days of receipt of the invoice.
7. FINAL SUBMISSIONS
Final submission of each phase will occur when the new pages are posted for the
public to view.
6. CHANGES IN WORK
If, in the course of the contract, changes seem merited by the Contractor or the
City, and informal consultations with the other party indicate that a change in the
conditions of the contract is warranted, the Contractor or the City may request a change
in contract. Such changes shall be processed by the City in the following manner: A
letter outlining the required changes shall be forwarded to the City by Contractor to
inform them of the proposed changes along with a statement of estimated changes in
charges or time schedule. A Standard Amendment to Agreement shall be prepared by
the City and approved by the City according to the procedures described in Carlsbad
Municipal Code Section 3.28.172. Such Amendment to Agreement shall not render
ineffective or invalidate unaffected portions of the agreement.
9. COVENANTS AGAINST CONTINGENT FEES
rev. 11/8/00
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The Contractor warrants that their firm has not employed or retained any company
or person, other than a bona fide employee working for the Contractor, to solicit or secure
this agreement, and that Contractor has not paid or agreed to pay any company or
person, other than a bona fide employee, any fee, commission, percentage, brokerage
fee, gift, or any other consideration contingent upon, or resulting from, the award or
making of this agreement. For breach or violation of this warranty, the City shall have the
right to annul this agreement without liability, or, in its discretion, to deduct from the
agreement price or consideration, or otherwise recover, the full amount of such fee,
commission, percentage, brokerage fees, gift, or contingent fee.
10. NONDISCRIMINATION CLAUSE
The Contractor shall comply with the state and federal laws regarding
nondiscrimination.
11. TERMINATION OF CONTRACT
In the event of the Contractor’s failure to prosecute, deliver, or perform the work as
provided for in this contract, the City Manager may terminate this contract for
nonperformance by notifying the Contractor by certified mail of the termination of the
Contractor. The Contractor, thereupon, has five (5) working days to deliver said
documents owned by the City and all work in progress to the Information Technology
Director. The Information Technology Director shall make a determination of fact based
upon the documents delivered to City of the percentage of work which the Contractor has
performed which is usable and of worth to the City in having the contract completed.
Based upon that finding as reported to the City Manager, the Manager shall determine
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rev. 11/8/00
the final payment of the contract.
This agreement may be terminated by either party upon tendering thirty (30) days
written notice to the other party. In the event of such suspension or termination, upon
request of the City, the Contractor shall assemble the work product and put same in order
for proper filing and closing and deliver said product to City. In the event of termination,
the Contractor shall be paid for work performed to the termination date; however, the total
shall not exceed the lump sum fee payable under paragraph 4. The City Manager shall
make the final determination as to the portions of tasks completed and the compensation
to be made.
12. CLAIMS AND LAWSUITS
The Contractor agrees that any contract claim submitted to the City must be asserted
as part of the contract process as set forth in this agreement and not in anticipation of
litigation or in conjunction with litigation. The Contractor acknowledges that if a false
claim is submitted to the City, it may be considered fraud and the Contractor may be
subject to criminal prosecution. The Contractor acknowledges that California
Government Code sections 12650 et seq., the False Claims Act, provides for civil
penalties where a person knowingly submits a false claim to a public entity. These
provisions include false claims made with deliberate ignorance of the false information or
in reckless disregard of the truth or falsity of information. If the City of Carlsbad seeks to
recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation
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rev. 11/8/00
costs, including attorney’s fees. The Contractor acknowledges that the filing of a false
claim may subject the Contractor to an administrative debarment proceeding wherein the
Contractor may be prevented to act as a Contractor on any public work or improvement
for a period of up to five years. The Contractor acknowledges debarment by another
jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor from the
selection process. b@- &Initial)
The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027
and 3.32.028 pertaining to false claims are incorporated herein by reference. a= .
(Initial)
13. JURISDICTION
The Contractor agrees and hereby stipulates that the proper venue and
jurisdiction for resolution of any disputes between the parties arising out of this
agreement is San Diego County, California.
14. STATUS OF THE CONTRACTOR
The Contractor shall perform the services provided for herein in Contractor’s own
way as an independent Contractor and in pursuit of Contractor’s independent calling,
and not as an employee of the City. Contractor shall be under control of the City only as
to the result to be accomplished, but shall consult with the City as provided for in the
request for proposal. The persons used by the Contractor to provide services under this
agreement shall not be considered employees of the City for any purposes whatsoever.
The Contractor is an independent Contractor of the City. The payment made to the
Contractor pursuant to the contract shall be the full and complete compensation to which
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rev. 11/8/00
the Contractor is entitled. The City shall not make any federal or state tax withholdings
on behalf of the Contractor or its employees or subcontractors. The City shall not be
required to pay any workers’ compensation insurance or unemployment contributions on
behalf of the Contractor or its employees or subcontractors. The Contractor agrees to
indemnify the City within 30 days for any tax, retirement contribution, social security,
overtime payment, unemployment payment or workers’ compensation payment which the
City may be required to make on behalf of the Contractor or any employee or
subcontractor of the Contractor for work done under this agreement or such
indemnification amount may be deducted by the City from any balance owing to the
Contractor.
The Contractor shall be aware of the requirements of the Immigration Reform and
Control Act of 1986 and shall comply with those requirements, including, but not limited
to, verifying the eligibility for employment of all agents, employees, subcontractors and
Consultants that are included in this agreement.
15. CONFORMITY TO LEGAL REQUIREMENTS
The Contractor shall cause all drawings and specifications to conform to all
applicable requirements of law: federal, state and local. Contractor shall provide all
necessary supporting documents, to be filed with any agencies whose approval is
necessary.
16. OWNERSHIP OF DOCUMENTS
All plans, programming work (using html, cgi, java, etc), designs, graphics,
sketches, drawings, and specifications as herein required are the property of the City,
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rev. 11/8/00
whether the work for which they are made be executed or not. In the event this contract is
terminated, all documents, plans, programming work (using html, cgi, java, etc), designs,
graphics, sketches, drawings, and specifications shall be delivered forthwith to the City.
Contractor shall have the right to make one (1) copy of the plans for its records.
17. REPRODUCTION RIGHTS
The Contractor agrees that all copyrights, which arise from creation of the work
pursuant to this contract, shall be vested in City and hereby agrees to relinquish all
claims to such copyrights in favor of City.
18. HOLD HARMLESS AGREEMENT
Contractor agrees to indemnify and hold harmless the City of Carlsbad and its
officers, officials, employees and volunteers from and against all claims, damages, losses
and expenses including attorneys fees arising out of the performance of the work
described herein caused by any willful misconduct, or negligent act, or omission of the
contractor, any subcontractor, anyone directly or indirectly employed by any of them or
anyone for whose acts any of them may be liable.
19. ASSIGNMENT OF CONTRACT
The Contractor shall not assign this contract or any part thereof or any monies due
thereunder without the prior written consent of the City.
20. SUBCONTRACTING
If the Contractor shall subcontract any of the work to be performed under this
contract by the Contractor, Contractor shall be fully responsible to the City for the acts
and omissions of Contractor’s subcontractor and of the persons either directly or
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indirectly employed by the subcontractor, as Contractor is for the acts and omissions of
persons directly employed by Contractor. Nothing contained in this contract shall create
any contractual relationship between any subcontractor of Contractor and the City. The
Contractor shall bind every subcontractor and every subcontractor of a subcontractor by
the terms of this contract applicable to Contractor’s work unless specifically noted to the
contrary in the subcontract in question approved in writing by the City.
21. PROHIBITED INTEREST
No official of the City who is authorized in such capacity on behalf of the City to
negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or
approving of this agreement, shall become directly or indirectly interested personally in
this contract or in any part thereof. No officer or employee of the City who is authorized in
such capacity and on behalf of the City to exercise any executive, supervisory, or similar
functions in connection with the performance of this contract shall become directly or
indirectly interested personally in this contract or any part thereof.
22. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent, or employee of the
City, either before, during or after the execution of this contract, shall affect or modify any
of the terms or obligations herein contained nor entitle the Contractor to any additional
payment whatsoever under the terms of this contract.
23. SUCCESSORS OR ASSIGNS
rev. 11/8/00
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Subject to the provisions of Paragraph 17, “Hold Harmless Agreement,” all terms,
conditions, and provisions hereof shall inure to and shall bind each of the parties hereto,
and each of their respective heirs, executors, administrators, successors, and assigns.
24. EFFECTIVE DATE
This agreement shall be effective on and from the day and year first written above.
25. CONFLICT OF INTEREST
The City has determined, using the guidelines of the Political Reform Act and the
City’s conflict of interest code, that the Contractor will not be required to file a conflict of
interest statement as a requirement of this agreement. However, Contractor hereby
acknowledges that Contractor has the legal responsibility for complying with the Political
Reform Act and nothing in this agreement releases Contractor from this responsibility.
26. INSURANCE
The Contractor shall obtain and maintain for the duration of the contract and any
and all amendments insurance against claims for injuries to persons or damage to
property which may arise out of or in connection with performance of the work hereunder
by the Contractor, his agents, representatives, employees or subcontractors. Said
insurance shall be obtained from an insurance carrier admitted and authorized to do
business in the State of California. The insurance carrier is required to have a current
Best’s Key Rating of not less than “A-:V” and shall meet the City’s policy for insurance as
stated in Resolution No. 91-403.
A. Coveraaes and Limits.
rev. 11/8/00
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Contractor shall maintain the types of coverages and minimum limits
indicated herein, unless a lower amount is approved by the City Attorney or City
Manager:
1. Comprehensive General Liability Insurance. $1 ,OOO,OOO combined
single-limit per occurrence for bodily injury, personal injury and property damage. If the
submitted policies contain aggregate limits, general aggregate limits shall apply
separately to the work under this contract or the general aggregate shall be twice the
required per occurrence limit.
2. Workers’ Compensation and Employer’s Liability. Workers’
Compensation limits as required by the Labor Code of the State of California and
Employer’s Liability limits of $l,OOO,OOO per accident for bodily injury.
3. Professional Liability. Errors and omissions liability appropriate to the
contractor’s profession with limits of not less than $500,000 per claim. Coverage shall be
maintained for a period of five years following the date of completion of the work.
B. Additional Provisions.
Contractor shall ensure that the policies of insurance required under this
agreement contain, or are endorsed to contain, the following provisions.
1. The City shall be named as an additional insured on all policies
excluding Workers’ Compensation and Professional Liability.
2. The Contractor shall furnish certificates of insurance to the City
before commencement of work.
rev. 11/8/00
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3. The Contractor shall obtain occurrence coverage, excluding
Professional Liability which shall be written as claims-made coverage.
4. This insurance shall be in force during the life of the agreement and
any extension thereof and shall not be canceled without 30 days prior written notice to
the City sent by certified mail.
5. If the Contractor fails to maintain any of the insurance coverages
required herein, then the City will have the option to declare the Contractor in breach, or
may purchase replacement insurance or pay the premiums that are due on existing
policies in order that the required coverages may be maintained. The Contractor is
responsible for any payments made by the City to obtain or maintain such insurance and
the City may collect the same from the Contractor or deduct the amount paid from any
sums due the Contractor under this agreement.
27. RESPONSIBLE PARTIES
The name of the persons who are authorized to give written notices or to receive
written notice on behalf of the City and on behalf of the Contractor in connection with the
foregoing are as follows:
For City: Title Information Technology Director
Name Lee Rautenkranz
Address 1635 Faraday Avenue
Carlsbad, CA 92008
For Contractor: Title
Name
Address
Partner
Kerrie Cecil
2171 India Street
San Diego, CA 92101
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rev. 11/8/00
28. BUSINESS LICENSE
Contractor shall obtain and maintain a City of Carlsbad Business License for the
duration of the contract.
29. ENTIRE AGREEMENT
This agreement, together with any other written document referred to or
contemplated herein, embody the entire agreement and understanding between the
parties relating to the subject matter hereof. Neither this agreement nor any provision
hereof may be amended, modified, waived or discharged except by an instrument in
writing executed by the party against which enforcement of such amendment, waiver or
discharge is sought.
Executed by Contractor this 17 -I4 day of w , 2001.
CONTRACTOR:
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CITY OF CARLSBAD, a municipal
Game of Contractor)
- (sign here)
@@gz 5. cw1/ - ----
(print name/title)
ATTEST:
/’ . By:
” (sign G&e) --
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(print name/title)
(Proper notarial acknowledgment of execution by Contractor must be attached.)
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rev. 11/8/00
APPROVED AS TO FORM:
coamry of AN a a?GO
on 30 J;;d OJ before me, d!Aw dVOJOrJ Dsr NI;ndr~ocOc*cr(*g.-~~.Nol~*Pubhc.l
personally appeared s&u CEWL mmQ~s, El sqlwrl
a personally known lo me - OR -sproved to me on the basis 01 safisfactory evMence to be the person(s)
whose name(s) is/are subscribed lo the within instrument
and acknowtedged lo me that Wshelthey execukd the same in his/her/their eulho&ed capecity( and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
WllN~ my hand and tMcial seal.
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