HomeMy WebLinkAbout2004-07-06; City Council; 17693; ARJIS JPA revision7-6-04 JITG.
IEPT. POL
CITY OF CARLSBAD -AGENDA BILL
TITLE:
REQUEST TO APPROVE THE REVISED AUTOMATED
REGIONAL JUSTICE INFORMATION SYSTEM (ARJIS) JOINT
POWERS AGREEMENT
DEPT. HD.
CITY ATTY.
RECOMMENDED ACTION:
Adopting Resolution No. 2004-219 to Approve the Automated Regional Justice Information System (ARJIS) Joint Powers Agreement which
transfers the administrative and financial function of ARJlS to SANDAG.
ITEM EXPLANATION:
On March 2, 2004, ARJIS presented a report to City Council summarizing the
proposed transfer of the administrative and financial functions of ARJIS to SANDAG.
The ARJIS was created to assist public agencies by providing the Public Agencies and
those who contract with ARJIS, state-of-the-art criminal justice information technology that
enhances both officer and public safety. ARJIS is the convening agency for regional justice
technology, and provides its members with cross-jurisdictional access to justice system data via
a secure criminal justice network.
ARJIS shall be governed by the terms of this Joint Powers Agreement, by any policies
passed and adopted by the ARJIS governing board, and by the statutes, rules, regulations,
policies or procedures that govern SANDAG. The ARJIS governing board shall serve and be
known as SANDAG’s Public Safety Policy Advisory Committee (“PSPAC’I).
Other participating agencies have approved this consolidation. The Police Department
staff has reviewed this proposal and identified the following benefits: Improved legislative
outreach and funding opportunities, Increased ARJIS role as the central agency for
information technology, Opportunities for collaboration with other SANDAG divisions while
retaining the ARJIS identity, Protection of existing and future ARJIS revenues, Enhanced
administrative benefits and shared access to resources.
The Police Department recommends adoption of this proposal.
FISCAL IMPACT:
None.
EXHIBITS:
1. Resolution No. 2004-219
2. ’‘ Joint Powers Agreement
For further information please contact Captain Dale Stockton at dstoc@ci.carlsbad.ca.us 760
931-21 68.
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RESOLUTION NO. 2004-219
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN AMENDMENT TO
THE JOINT POWERS AGREEMENT FOR THE AUTOMATED
REGIONAL JUSTICE INFORMATION SYSTEM (ARJIS)
WHEREAS, the consolidation of the Automated Regional Justice Information System
(ARJIS) into the San Diego Association of Governments (SANDAG) by the formation of a Joint
Powers Agency (JPA) has been actively pursued by the ARJWSANDAG Consolidation
Committee since April 2003; and
WHEREAS, key highlights of the new ARJIS JPA are the creation of a SANDAG Public
Safety Policy Advisory Committee (PSPAC), an expanded role for ARJIS as the convening
agency for information technology, enhanced legislative outreach and funding opportunities,
increased collaboration with other SANDAG divisions, and the transfer of administrative and
financial functions to SANDAG to assist with ARJIS day-to-day operations.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
I. That the above recitations are true and correct.
2. That the Joint Powers Agreement as Amended January 2004 for the establishment
of ARJIS be approved and the Mayor is hereby authorized to execute said agreement on behalf of
the City.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 6th day of suiv , 2004 by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Kulchin, Ball and Packard
NOES: None
ABSENT: PJone
ATTEST &&?!?rn LOHAINE M. WOOD, City Clerk
JOINT POWERS AGREEMENT - AS AMENDED JANUARY 2004
AUTOMATED REGIONAL JUSTICE INFORMATION SYSTEM JOINT POWERS AGENCY
THIS AGREEMENT is made among those Public Agencies named below that execute this
Agreement.
RECITALS
WHEREAS, Public Agencies realize that there is a need for continued operation,
maintenance, enhancement and implementation of the Automated Regional Justice Information
System (ARJIS) in order to provide improved public safety capabilities to the San Diego region by
an effective and efficient use of electronic data processing technology capabilities; and
WHEREAS, Public Agencies believe that the joint exercise of their powers as a Joint
Powers Agency (JPA) will provide a decision-making body capable of continuing the operation,
maintenance and implementation of the Automated Regional Justice Information System; and
WHEREAS, Public Agencies believe that the San Diego Association of Governments
(SANDAG) should serve as the administrator of the ARJIS JPA in order to efficiently incorporate
the work done by ARJIS with the work done by SANDAG in the San Diego region,
WHEREAS, this Joint Powers Agreement of December 1, 1980, was amended on July 1, 1990, and
January 23,1998, and the Public Agencies wish to amend it again to implement a consolidation of
effort with SANDAG.
NOW THEREFORE, in consideration of recitals and the mutual obligations of the parties as
herein expressed, Public Agencies agree as follows:
1. Definitions
The following terms shall have the meanings ascribed to them within this section unless the
content of their use dictates otherwise:
a) “Administrative Member” shall mean SANDAG. As the “Administrative Member”
SANDAG shall have the same rights as any of the Public Agencies, shall provide in-
kind contributions rather than membership financial support, and shall have the
additional responsibilities set forth in this Agreement. SANDAG shall not have a
separate vote, but shall be represented by all of the Public Agency representatives.
b) “Advisory Members” shall mean those members who serve on the ARJIS governing board in an advisory capacity, without voting rights. Advisory Members may contract
with SANDAG for the services provided to the Public Agencies.
c) “Associate Members” shall mean those agencies other than Member Agencies who conduct public safety activities or general purpose local governments outside San Diego
County, who are at any given time asked to serve on the ARJIS governing board as
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voting members. Associate Members may contract with SANDAG for the services
provided to the Public Agencies.
“Fiscal Year” shall mean that year beginning July 1, and ending June 30.
“Member Agencies” shall collectively refer to all of the voting members on the ARJIS
governing board, whether they be the Administrative Member, Associate Members,
and/or Public Agencies.
“Public Agencies” shall mean those units of government who are at any time a party to
the Agreement, including, but not limited to, the Administrative Member, SANDAG.
Status
There is hereby created a JPA to be known and denominated as the ARJIS which shall be a
public entity separate and apart from any Member Agency or Associate Member with the exception
of the Administrative Member. ARJIS shall be governed by the terms of this Joint Powers
Agreement, by any policies passed and adopted by the ARJIS governing board, and by the statutes,
rules, regulations, policies or procedures that govern SANDAG. The ARJIS governing board shall
serve and be known as SANDAG’s Public Safety Policy Advisory Committee (“PSPAC”).
3. Purpose
The specific and primary purpose for which the ARJIS is created is to assist the Public
Agencies by providing the Public Agencies and those who contract with ARJIS, state-of-the-art
criminal justice information technology that enhances both officer and public safety. ARJIS is. the
convening agency for regional justice technology, and provides its members with seamless, cross-
jurisdictional access to essential, accurate real-time data via a secure criminal justice enterprise
network.
4. Liabilities & Powers
a. The debts, liabilities and obligations of ARJIS shall not constitute any debt, liability
or obligation of any of the Public Agencies that are parties to this Agreement except SANDAG. All
ARJIS debts, liabilities, and obligations shall be paid from the separate assets and accounts of the
ARJIS, which shall be maintained by the Administrative Member.
b. The ARJIS shall not have power to contract or to sue or be sued in its own name. All
claims for money or damages against the ARJIS shall be made against SANDAG and shall be
governed by Division 3.6 (commencing with Section 8 10) of Title 1 of the Government Code
except as provided therein, or by other statutes or regulations expressly applicable to SANDAG.
C. The ARJIS shall not hire a staff, but shall use the staff of SANDAG and shall
compensate SANDAG for the use of those staff services. The ARJIS may also utilize staff from
other public agencies under contractual agreements.
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d. As of the effective date of this Agreement, the ARJIS may not make new contracts
or enter into stipulations of any nature whatsoever, including, but not limited to, contracts and
stipulations to indemnify and hold harmless, or to employ labor. All such powers shall be held by
SANDAG. SANDAG shall carry out these powers and do all other acts necessary and convenient
for the full exercise of the ARJIS powers. Effective July 1,2004, all contracts, stipulations, or
agreements previously entered into by the ARJIS shall be transferred to SANDAG.
5. Financial Matters
a. Auditor/Comptroller & Treasurer. SANDAG shall be the depository of funds of
ARJIS and the SANDAG Director of Finance shall be the ex-officio Treasurer of ARJIS. The
Treasurer of the ARJIS shall file an official bond in the amount of $100,000. The
Auditor/Comptroller of SANDAG shall be the ex-officio Auditor/Comptroller of ARJIS and shall
draw warrants or check-warrants against the fhds of ARJIS in the Treasury when the demands are
approved by the PSPAC, or such other persons as may be specifically designated for that purpose in
MIS policies. Said Auditor/Comptroller and Treasurer shall comply with all duties imposed
under Article 1, Chapter 5, Division 7, Title I, of the California Government Code commencing
with Section 6500. SANDAG shall determine reasonable charges to be made against ARJIS for the
services of the Treasurer and Auditor/Comptroller. At the end of each fiscal year there shall be an
audit conducted by an independent, accredited certified public account.
b. Accounts & Reports. The Auditor/Comptroller of ARJIS shall establish and maintain
such funds and accounts as may be required by good accounting practice or bylaws passed and
adopted by this Agency. The books and records of ARJIS in the hands of the Auditor/Comptroller
shall be open to inspection at all reasonable times by representatives of the Public Agencies. The
Auditor/Comptroller of ARJIS, within 120 days after the close of each fiscal year, shall give a
complete written report of all financial activities for such fiscal year to the Member Agencies and
Advisory Members. Said financial report shall be accompanied by a financiaVcompliance opinion
by an independent, accredited certified public accountant. The independent, accredited certified
public accountant shall be the accounting firm selected by SANDAG.
c. Funds. The Treasurer of ARJIS shall receive, have the custody of and disburse
ARJIS funds upon the warrant or check-warrant of the Auditor/Comptroller (i) pursuant to the
accounting procedures developed under this Agreement, and (ii) in accordance with normal
SANDAG procedures, shall make the disbursements required by this Agreement or to carry out any
of the provisions or purposes of this Agreement. ARJIS funds and accounts shall be segregated
from SANDAG’s general funds and accounts. The Treasurer of ARJIS may invest ARJIS funds in
accordance with general law. All interest collected on ARJIS funds shall be accounted for and
posted to the account of such funds.
d. Budget. The PSPAC shall recommend approval of a preliminary budget to the
SANDAG Board no later than April 1 of each year. The PSPAC shall recommend approval of a
final budget no later than June 1 of each year and have it approved by the SANDAG Board of
Directors by July 1 of each year. After adoption by the SANDAG Board, a copy of the preliminary
budget shall be filed with each Public Agency.
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e. Public Agency Financial Support. With the exception of SANDAG, responsibility
for supplying funds for that portion of the budget for MIS which is to be supplied by the Member
Agencies for operation, maintenance, enhancement and implementation of the system as adopted by
the PSPAC and the SANDAG Board of Directors, shall be divided among the Public Agencies,
including within its budget as funds to be supplied to the ARJIS that sum of money determined by
taking the ratio its population bears to the total population of the region and multiplying it by that
portion of the approved budget to be supplied by the Public Agencies. SANDAG shall supply the
PSPAC with the official January 1 population figures from the California State Department of
Finance Population Research Unit on an annual basis for purposes of this calculation. Payment of
membership funds shall be made by each Public Agency by July 15 of each year. If payment by a
Public Agency has not been made by September 1 of each year, that Public Agency shall cease to
be a participating member of the ARJIS, and its representative shall no longer participate or vote as
a member of the PSPAC. A delinquent Public Agency will be reinstated to participating
membership and its representative allowed to participate on the PSPAC when full payment has
been made, including interest computed from July 15 at the average interest earning rate as
determined by the Treasurer.
f. Associate and Advisory Members Financial Support. All Associate and Advisory
Members who use the system shall be individually charged and pay to the ARJIS a reasonable share
of the total cost of operation, maintenance, enhancement and implementation of the system as
determined by the PSPAC. Associate and Advisory Members who access the computer shall be
charged for computer time, network time, and application development at a rate agreed to by the
Board of Directors. Associate and Advisory Members shall also make an annual payment of a
determined sum in accordance with the provisions of the contract between SANDAG and the
Associate or Advisory Member. If payment by an Associate or Advisory Member has not been
made by September 1 of each year, that member shall cease to be a participating member of the
MIS, and its representative shall no longer participate or vote as a member of the PSPAC. A
delinquent member will be reinstated to participating membership and its representative allowed to
participate on the PSPAC when full payment has been made, including interest computed fkom July
15 at the average interest earning rate as determined by the Treasurer.
g. Administrative Agency Financial Support. SANDAG shall determine charges to be
made against the ARJIS for the services provided by SANDAG, which SANDAG deems are
appropriate for reimbursement. Notwithstanding SANDAG’s status as a Public Agency Member,
SANDAG shall not be required to contribute hnds toward ARJIS under Section 5(e), but shall
instead provide in-kind contributions in an amount to be approved by the PCPAC and the
SANDAG Board.
6. Governance
a. All powers of the ARJIS shall be exercised by the SANDAG Board of Directors.
The SANDAG Board of Directors shall delegate responsibilities to the PSPAC consistent with its
purpose. The membership of the PSPAC shall be composed of one primary representative selected
by the governing body of each Member Agency and Advisory Member Agency to serve until
recalled by the governing body of said member. Each Member Agency representative must be a
mayor, council-person, or supervisor of the governing body which selected hider, or other
appropriate official selected by the governing body. Each Advisory Member Agency representative
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must be selected by the governing body of that agency. Vacancies shall be filled in the same
manner as originally selected. Each Member Agency and Advisory Member Agency shall also
select, in the same manner as the primary representative, one alternate to serve on the PSPAC when
the primary representative is not available. Such alternate shall be subject to the same restrictions
and have the same powers, when serving on the PSPAC, as the primary representative.
b. At its discretion, each Member Agency and Advisory Member Agency may select a
second alternate, in the same manner as the primary representative, to serve on the PSPAC in the
event that neither the primary representative nor the regular alternate is able to attend a meeting of
the PSPAC. Such alternate shall be subject to the same restrictions and have the same powers,
when serving on the PSPAC, as the primary representative.
c. Upon recommendation of the PSPAC, SANDAG may at any time authorize other
agencies to join the ARJIS as Associate or Advisory Members. Each Associate Member shall be
allowed to vote in accordance with the provisions of this Agreement. SANDAG may allow for the
appointment of additional Advisory Members to sit with the PSPAC, but in no event shall said
representatives be allowed a vote. Each Associate and Advisory Member shall designate a primary
representative and, at its discretion, one or two alternates.
d. Each PSPAC representative, or designated alternate acting in a representative’s
absence, may receive reimbursement from ARJIS for out-of-pocket and travel expenses incurred by
such representative or alternate on approved ARJIS business. Except where prohibited by the
charter, or any ordinance, rule, regulation, or policy of a Member Agency, each Member Agency
representative, or designated alternate acting in a Member Agency representative’s absence, shall
receive $100.00 from ARJIS for each PSPAC meeting attended, as well as travel expenses incurred.
e. The Chair of the SANDAG Board of Directors shall appoint the Chair and Vice
Chair of the PSPAC in accordance with the policies and procedures that apply to all SANDAG
policy advisory committees.
7. Membership of the Public Safety Policy Advisory Committee
The members selecting the representatives to serve on the PSPAC as of the effective date of this
Agreement shall be:
a. Public Agencies: The Public Agencies shall be represented by four elected officials
selected from each of the four subregions defined in the SANDAG Bylaws, one elected official
selected by the City of San Diego, and one elected official selected from the County of San Diego.
All six of the Public Agency representatives must be SANDAG Board Members or alternates and
shall represent SANDAG. Each Public Agency that has selected a representative to serve on the
PSPAC must be a member in good standing with all dues fully paid to ARJIS in order to participate
on the PSPAC.
b. Associate Members: One person selected by the County Sheriff, one person selected
by the State public safety agencies, one person selected from the Regional Homeland Security
Committee, and 2 persons selected by the County Chiefs & Sheriffs Association. The number and
representation of Associate Members may be modified by a SANDAG Board action amending
SNAG Board Policy.
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c. Advisory Members: Two persons selected by the Federal public safety agencies, one
person selected fiom the San Diego County District Attorney’s or Probation Department Offices,
and one person selected by the courts. The number and representation of Advisory Members may
be modified by SANDAG Board action amending SANDAG Board Policy.
8. Voting
(a) The PSPAC shall vote on all items on the basis of one vote per Member Agency.
9. Meetings
The PSPAC shall conduct monthly meetings in conjunction with regularly scheduled
SANDAG meetings during the year and at such other times as the PSPAC or SANDAG Board shall
direct. Parliamentary procedure at all meetings shall be governed by Roberts Rules of Order, Newly
Revised, except as otherwise modified by this Agreement.
10. RalDh M. Brown Act
All meetings of the ARJIS, including without limitation regular, adjourned regular, and
special meetings of the PSPAC, and meetings of all standing committees, shall be called, noticed,
held and conducted in accordance with the provisions of the Ralph M. Brown Act (commencing
with Section 54950 of the Government Code).
11. ouorum
A majority of the voting members of the PSPAC shall constitute a quorum for the
transaction of business.
12. Procedures to be Followed
a. Pursuant to Government Code Section 6509, which requires that the powers of
ARJIS be limited by the legal restrictions placed upon a named Member Agency, the powers of
ARJIS shall be subject to those legal restrictions imposed upon SANDAG by the Constitution of
the State of California and the laws governing it.
b. The PSPAC shall adopt SANDAG’s administrative regulations establishing the
procedures and policies for contracting and approving change orders.
13. Duration of Agreement
This Agreement shall continue in full force and effect until Public Agencies representing
more than 50% of the population of the San Diego region withdraw fiom this Agreement by
resolution.
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14. Disposition of Assets UDon Termination
Upon termination of this Agreement any money or assets in possession of SANDAG on
behalf of the ARJIS after the payment of all liabilities, costs, expenses and charges validly incurred
under this Agreement shall be returned to the Public Agencies in proportion to their contributions
determined as of the time of termination. In-kind contributions made by SANDAG shall be
included in this determination.
15. Effective Date of Agreement
This Agreement became effective for all purposes at 12:Ol a.m. July 1, 1990. The most
recent amended version of the Agreement shall become effective January 1,2004. Notwithstanding
the foregoing, the consolidation of ARJIS finances with SANDAG will not occur until July 1,2004.
Applicable portions of Section 5 of this Agreement will not go into effect until the consolidation of
finances occurs.
16. Later Participating Member Agencies
a. Any San Diego County incorporated city that incorporated after January 1, 2004,
that may desire to participate in the activities of ARJIS may do so by executing this Agreement
without prior approval or ratification of the Public Agencies and shall be bound by the terms of this
Agreement as of the date of execution. The County of San Diego, and the cities in the County
which were incorporated on December 1, 1980, who did not execute this Agreement by December
1, 1980 which desire to participate in the activities of ARJIS may do so by executing this agreement
without prior approval or ratification of the existing Public Agencies and paying an initial
membership charge which may be established and required by SNAG to offset a portion of the
initial start-up costs paid by the Charter Public Agencies, and shall be bound by the terms of terms
of this Agreement as of the date of execution. Said membership charge shall not be required of
cities that as of December 1, 1980, contracted with the County of San Diego for public safety
services, and become a Public Agency after December 1, 1980. Any later participating Public
Agency shall receive one (1) vote under the single vote procedure.
b. Any entity that contracts for ARJIS services that wishes to become an Associate or
Advisory Member of the PSPAC may submit a written request to the PSPAC identifying how their
membership on the PSPAC will further the mission of the PSPAC andor SANDAG, their history
and purpose, and at what level they would like to participate with regard to voting rights and
membership fees. If the PSPAC determines the addition of the potential member is advantageous, it
may make a recommendation to the SANDAG Board to add the potential member. The SANDAG
Board shall make the final determination regarding whether to supplement the PSPAC with
additional or different Affiliate or Advisory Members.
17. Ameement Repository
A fully executed copy of this Joint Powers Agreement and any amendments thereto shall be
filed with the authorized representative of each Public Agency.
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18. Information Privacv & Ownership of Data
a. In order to protect the privacy of individuals as set-forth in Section 1 of Article I of the
Constitution of California and in the United States Constitution, the maintenance and dissemination
of the information in the ARJIS system shall be undertaken in compliance with Federal and State
laws and regulations including the Information Practices Act of 1977 (commencing with Section
1798 of the California Civil Code). An appropriate agency as determined by the PSPAC shall, at
the call of the PSPAC, conduct an annual certification of the information to assure compliance.
b. All intellectual property owned by the AFUIS as of the effective date of this
Agreement (pursuant to Section 15 herein) including, but not limited to, electronic data, shall
remain the property of the ARJIS. If pursuant to agreement, the ARJIS serves as a custodian of
data it does not own, that data shall presumptively remain the property of the contributing entity
and may not be treated as a public record. The ARJIS may not disclose electronic data or other
intellectual property for which it is a custodian to third parties without the approval of the entity
that owns the property.
19. Amendments
Proposed amendments may be originated by any member of the PSPAC or by the SANDAG
Board of Directors. Amendments to this Agreement shall require the vote of two thirds (2/3) of the
Member Agencies who are members of ARJIS at the time the amendment is proposed.
IN WITNESS WHEREOF, each of the following Public Agencies has caused this Joint
Powers Agreement to be executed by having affixed thereto the signatures of the agent of said
Agency authorized therefore by the legislative body of that Agency.
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Adopted 12/86
Amended 7/90
Amended 1/98
Amended 1/04
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JOINT POWERS AGREEMENT - AS AMENDED JANUARY 2004
AUTOMATED REGIONAL JUSTICE INFORMATION SYSTEM
JOINT POWERS AGENCY
CITY OF CARLSBJ
Hon. Bud La?
CITY OF CORONADO
BY Hon. Tom Smisek, Mayor Date
CITY OF EL CAJON
BY Hon. Mark Lewis, Mayor Date
CITY OF ESCONDIDO
BY Hon. Lori Holt Pfeiler, Mayor Date
BY Hon. Steve Padilla, Mayor Date
CITY OF DEL MAR
BY Hon. Richard Earnest, Mayor Date
CITY OF ENCINITAS
BY Hon. Maggie Houlihan, Mayor Date
CITY OF IMPERIAL BEACH
BY Hon. Diane Rose, Mayor Date
Page 10 of 12 f
.__ -~~~
CITY OF LA MESA CITY OF LEMON GROVE
BY Hon. Art Madrid, Mayor Date
CITY OF NATIONAL CITY
BY Hon. Nick Inzunza, Mayor Date
CITY OF POWAY
BY Hon. Mickey Cafagna, Mayor Date
CITY OF SAN MARCOS
BY Hon. F.H. Corky Smith, Mayor Date
BY Hon. Mary Sessom, Mayor Date
CITY OF OCEANSIDE
BY Hon. Terry Johnson, Mayor Date
CITY OF SAN DIEGO
BY Hon. Dick Murphy, Mayor Date
CITY OF SANTEE
BY Hon. Randy Voepel, Mayor Date
CITY OF SOLANA BEACH CITY OF VISTA
BY BY Hon. Joe Kellejian, Mayor Date Hon. Morris Vance, Mayor Date
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~
COUNTY OF SAN DIEGO
BY Dianne Jacob, Chairwoman of the Board of Supervisors Date
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