HomeMy WebLinkAbout20192562.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR WELD PROJECT SALUTE PARTNERSHIP AND
AUTHORIZE CHAIR TO SIGN - NORTHERN COLORADO VETERANS RESOURCE
CENTER (NCVRC)
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Agreement for the Weld Project Salute
Partnership between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Human Services, Employment
Services, and the Northern Colorado Veterans Resource Center (NCVRC), commencing
January 1, 2019, and ending June 30, 2020, with further terms and conditions being as stated in
said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Agreement for the Weld Project Salute Partnership between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, on behalf of the Department of Human Services, Employment Services, and the Northern
Colorado Veterans Resource Center (NCVRC) be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 3rd day of July, A.D., 2019, nunc pro tunc January 1, 2019.
BOARD OF COUNTY COMMISSIONERS
ATTEST: dv1.i•t�
Weld County Clerk e Board
y attorney
Date of signature: 7
W D COUNTY7 ORADO
Barbara Kirkmeyet, Chair
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Steve Moreno
2019-2562
HR0090
ID 4'aG33
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PRIVII.FGFD AND CONFIDENTIAL
MEMORANDUM
DATE: April 18, 2019
TO: Board of County Commissioners — Pass -Around
FR: Judy A. Griego, Director, Human Services
RE: Partnership Project Agreement between
Employment Services and Northern
Colorado Veterans Resource Center
Please review and indicate if you would like a work session prior to placing this item on the
Board's agenda.
Request Board Approval of the Department's Partnership Project Memorandum of
Understanding between Employment Services and Northern Colorado Veterans Resource
Center. On November 7, 2018 Employment Services of Weld County (ESWC) submitted a
grant application to the Colorado Department of Labor and Employment (Tyler ID 2018-3554)
for the Veterans Service -to -Career Pilot Program. Weld County was notified by the State on
December 13, 2018, of award amount $75,000.00, which was noted in the approved Expenditure
Authorization (Tyler ID 2019-0989). This agreement outlines the roles and responsibilities of
both entities. Assistant County Attorney, Karin McDougal, has had the opportunity to review it.
I do not recommend a Work Session. I recommend approval of this agreement.
Sean P. Conway
Mike Freeman, Pro -Tern
Scott K. James
Barbara Kirkmeyer, Chair
Steve Moreno
Approve
Recommendation Work Session
Schedule
Other/Comments:
Pass -Around Memorandum; April 30, 2019 - (ID 2633)
Page 1
2019-2562
-IR0090
NCVRC Partnership Project
Agreement
THIS AGREEMENT, made and entered intothi day of
Weld, State of Colorado, by and through the Board of County Com
Weld County Department of Human Services, Employment Services
Services", and the Northern Colorado Veterans Resource Center, hereinafter referred to as"NCVRC."
2019, by and between the County of
rs of Weld County, on behalf of the
er referred to as "Employment
WITNESSETH:
WHEREAS, Employment Services and NCVRC in response to House Bill 18-1343, have identified a need for
additional Veterans resources in Weld County; and
WHEREAS, Employment Services and NCVRC are willing and able to commit personnel resources to the
provision of services according to the terms and conditions set forth herein.
WHEREAS, the Colorado Department Labor and Employment has awarded funding to Weld County,
Employment Services, which is guided and funded by House Bill 18-1343, Colorado Veterans' Service to Career Pilot
Program, U.S.C. Title 38 Chapter 42, as amended, and PGL GRT-2016-03 ('PGL'), Change 2
NOW THEREFORE, in consideration of the mutual promises and conditions contained herein, and for other
consideration of the sufficiency and receipt of which is hereby acknowledged, the parties hereto covenant and
agree as follows:
Project Description
1. The terms of this Agreement are contained herein and in Exhibits A and B, each of which forms an integral part
of this Agreement. The services described in Exhibit A will be known as Weld Project Salute, hereinafter
referred to as the "Project". The Project is a collaborative effort of Employment Services and NCVRC to
enhance the services to Veterans and their families, hereinafter referred to as "Eligible Participants".
2. The Project consists of assisting Eligible Participants with gaining employment by addressing specific needs
such as transportation, housing, food, personal care items and mental health needs. As well as services
that are not eligible to be paid through WIOA funds or are beyond current funding limits or caps.
3. "Eligible Participants" are defined as: Veterans; A veteran's current or former spouse who is currently
eligible for veteran's benefits such as healthcare, retirement and access to military facilities; A veteran's
dependent child who is twenty-six years of age or younger and lives in the home of the veteran; A
veteran's caregiver who is eighteen years of age or older and has significant responsibility for managing
the well-being of an injured veteran who has been determined unemployable by the Veterans'
Administration; or A person who is actively serving in the United States Armed Forces and who is within six
months of being discharged under conditions other than dishonorable or a member of the National Guard
or military reserves who has completed initial entry training.
4. The Project will be cooperatively implemented and facilitated by the Employment Services Workforce
Innovation and Opportunity Act Adult Case Managers and NCVRC staff.
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Terms of Agreement
1. Employment. ESWC and MCVRC are both responsible for committing an appropriate number of staff
members to this project in order to deliver the appropriate services under the grant. Funding from this
grant is not used for salaries of personnel.
2. Standards. All employees shall provide all services pursuant to this Agreement in accordance with
applicable state and federal law, and any performance standards jointly established by Employment
Service and NCVRC. NCVRC shall provide information to their employees regarding what is necessary to
facilitate performance of its obligations to Employment Services under this Agreement. If an employee is
required to be licensed or to act under the supervision of a licensed person or entity during job duties
performed by an employee for NCVRC, NCVRC shall be solely responsible for verifying such licensure or
providing such required supervision.
3. Compliance with Laws and Record Maintenance. NCVRC shall be responsible for compliance with all laws
concerning their employee benefits and compliance with Immigration Reform and Control Act of 1986. In
addition, NCVRC shall be responsible for completion, reporting and maintenance of payroll and benefit
records, and NCVRC will be the W-2 Employer for purposes of record keeping.
4. Compliance with the Fair Labor Standards Act ("FLSA"). Each party agrees to maintain records of actual
hours worked by an employee during each pay period. Each party agrees to comply with the FLSA.
5. Compliance with Law. NCVRC shall strictly comply with all applicable federal and State laws, rules and
regulations in effect or hereafter established, including without limitation, laws applicable to
discrimination and unfair employment practices.
6. Worker's Compensation Insurance. NCVRC will furnish and keep in force and effect during the term of this
Agreement workers compensation insurance as may be required by law and as may concern their
employees. Upon written request, each party shall furnish a Certificate of Insurance verifying coverage for
workers' compensation.
7. Insurance Requirements
Contractor and the Department agree that Weld County, the Board of County Commissioners of Weld
County, its officers and employees, shall not be held liable for injuries or damages caused by any negligent
acts or omissions of the Contractor, it subcontractor, or their employees, volunteers, or agents while
performing duties described in this Agreement. Contractor shall indemnify, defend and hold harmless
Weld County, the Board of County Commissioners of Weld County, its employees, volunteers and agents.
Contractor shall provide the liability insurances for all its employees, volunteers, and agents engaged in
the performance of this MOU. Contractor shall provide the Department with the acceptable evidence that
such coverage is in effect within seven (7) days of the date of this Agreement.
At a minimum, Contractor shall procure, either personally or through its employer as applicable to the
Contractor's business, at its own expense, and maintain for the duration of the work, the following
insurance coverage. Weld County, State of Colorado, by and through the Board of County Commissioners
of Weld County, its employees and agents, shall be named as additional named insured on the insurance,
where permissible the insurance provider.
a. General Requirements: Contractors must secure, at or before the time of execution of any
2
agreement or commencement of any work, the following insurance covering all operations, goods or
services provided pursuant to this request. Contractors shall keep the required insurance coverage
in force at all times during the term of the MOU, or any extension thereof, and during any warranty
period. The required insurance shall be underwritten by an insurer licensed to do business in
Colorado and rated by A.M. Best Company as "A" VIII or better. Each policy shall contain a valid
provision or endorsement stating "Should any of the above -described policies be canceled or should
any coverage be reduced before the expiration date thereof, the issuing company shall send written
notice to the Weld County Director of General Services by certified mail, return receipt requested.
Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due
to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in
excess of a deductible or self -insured retention, the Department must be notified by the Contractor.
Contractor shall be responsible for the payment of any deductible or self -insured retention. The
Department reserves the right to require Contractor to provide a bond, at no cost to the
Department, in the amount of the deductible or self -insured retention to guarantee payment of
claims. The insurance coverages specified in this MOU are the minimum requirements, and these
requirements do not decrease or limit the liability of Contractor. Contractor shall maintain, at its
own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its
obligations and liabilities under this MOU.
b. Types of Insurance: Contractor shall obtain, and maintain at all times during the term of
the MOU, insurance in the following kinds and amounts:
i.Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or
equivalent, covering premises operations, independent Contractors, products and
completed operations, blanket contractual liability, personal injury, and advertising liability
with minimum limits as follows:
$1,000,000 each occurrence;
$2,000,000 general aggregate;
ii.Automobile Liability: Contractor shall maintain limits of $1,000,000 for bodily injury per
person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage
applicable to all vehicles operating both on County property and elsewhere.
c. Proof of Insurance: Contractor shall provide a copy of this information to its insurance
agent or broker and shall have its agent or broker provide proof of Contractor's required insurance.
The Department reserves the right to require Contractor to provide a certificate of insurance, a
policy, or other proof of insurance as required by the County's Risk Administrator in his sole
discretion.
8. Contact Persons. The Contact Persons for Employment Services and the Contact Persons for NCVRC are
each set forth on Exhibit B attached hereto and incorporated herein. The designated Contact Persons for
each party may be changed from time to time so long as notice of such change is provided to the other
party, following the procedure for Notices as set forth in this Agreement. Unless a formal notice is
required as set forth in paragraph 29, any requirement of communication between Employment Services
and NCVRC shall be satisfied if such communication is provided to the other party's Contact Persons.
9. Periodic Meetings. During the term of this Agreement, arrangements shall be made for periodic meetings
between the Contact Persons of Employment Services and NCVRC to promote understanding of and
adjustments to any operation or activity involved herein.
3
10. NCVRC Board Members. NCVRC shall maintain, at its own expense, insurance for NCVRC Board Members.
11. Term. The term of this Agreement shall be from (a) January 1, 2019, and shall remain in effect until June
30, 2020, unless previously terminated or updated by one of the Parties pursuant to the terms set forth in
paragraph 19.
12. Termination. Employment Services or NCVRC may terminate this Agreement upon giving the other party
thirty (30) days prior written notice. Neither party shall have any further obligations after the effective
date of termination, except for such obligations that (i) accrued prior to the effective date of termination,
or (ii) are expressly stated herein to extend beyond the effective date of termination. Additionally, if the
State of Colorado immediately terminates its agreements with Weld County regarding the funding of this
Agreement for the public interest or any other reason, Employment Services may immediately terminate
this Agreement without the thirty (30) days' notice.
13. Parties' Relationship. The parties to this Agreement intend that the relationship between them
contemplated by this Agreement is that of independent entities working in cooperation. NCVRC
employees or agents are not to be considered Weld County employees for any purpose and said persons
may not hold themselves out as employees or agents of Weld County or otherwise make any
representation or commitment on behalf of Weld County. Weld County employees or agents are not to be
considered employees of NCVRC for any purpose and said employees may not hold themselves out as
employees or agents of NCVRC or otherwise make any presentations or commitments on behalf of NCVRC.
Under this Agreement, neither party shall be in any way required to provide any pecuniary benefits,
salaries, wages or fringe benefits to employees of the other party.
14. Indemnification. NCVRC shall indemnify and hold Weld County harmless from all claims, actions, penalties,
liabilities, damages, or expenses, including reasonable attorney's fees and other costs of defense or
settlement, legal or equitable, made against or suffered by Weld County arising out of or related to the
action or omission of any NCVRC employee while performing services for or under the auspices of NCVRC,
or arising out of or assumed by NCVRC under this Agreement or NCVRC's failure or alleged failure to
perform such duties.
15. The indemnities and assumptions of liabilities and obligations herein provided for shall continue in full
force and effect notwithstanding the expiration or termination of this Agreement. Notwithstanding any
provision in this Agreement to the contrary, however, neither party waives any immunities to which they
are entitled pursuant to law.
16. Confidentiality. Subject only to statutory exceptions applicable to criminal investigations and proceedings,
Employment Services and NCVRC shall, during and after the term of this Agreement, keep confidential all
information relating to this Agreement and shall utilize their best efforts to prevent and protect such
information from unauthorized disclosure by their employees and agents. Employment Services and
NCVRC shall further not use or allow their agents or employees to use any information to the competitive
disadvantage of or in any way which is detrimental to either party.
17. Notices. All notices and other communications required or permitted under this Agreement shall be given
in writing and shall be delivered in person or sent by registered or certified mail, postage prepaid, return
receipt requested, as follows:
4
a. If to NCVRC:
Harrison Swift
Founder/CEO
The Northern Colorado Veteran's Resource Center
4650 W 20th Street Suite A
Greeley, CO 80634
HarrisonSwift@nocovrc.com
And copies to:
Claude "Ed" Riggs
Board of Directors:
The Northern Colorado Veteran's Resource Center
4650 W 20th Street Suite A
Greeley, CO 80634
b. If to Employment Services: Judy A. Griego, Director
i. Weld County Department of Human Services
ii. P.O. Box A
Greeley, CO 80632
18. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the
parties with respect to its subject matter and supersedes all prior agreements or understandings, whether
written or unwritten, with respect to the same subject matter.
19. Amendment. This Agreement may not be amended or modified except by a written instrument executed
by all parties to this Agreement.
20. Heading and Counterparts. The headings contained in this Agreement are inserted solely for the ease of
reference and shall not in any way affect the meaning or interpretation of this Agreement. This document
may be executed in two or more counterparts, each of which may be deemed an original. This Agreement
will take effect when a single original or counterpart copies are executed by each party.
21. Applicable Law. This Agreement shall be controlled, construed, and enforced in accordance with the laws
of the State of Colorado and the rules and regulations issued pursuant thereto. Any provision of this
Agreement, whether incorporated herein or not by reference, which provides for arbitration by any extra-
judicial body or person or which is otherwise in conflict with said laws, rules and regulations shall be
considered null and void. Nothing contained in any provision incorporated herein by reference which
purports to negate this or any other special provision in whole or in part shall be valid or enforceable or
available in any action at law whether by way of complaint, defense or otherwise. It is further agreed by
both parties that any causes of action arising out of this Agreement shall be vetted in the courts of Weld
County, Colorado, to the extent that those courts are reposed with subject matter jurisdiction. Both
parties agree to submit themselves to the personal jurisdiction of those courts.
22. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable
by a court of competent jurisdiction, this Agreement shall be construed and enforced without such
provision, to the extent that this Agreement is then capable of execution within the original intent of the
parties.
5
23. Further Assurances. The parties shall, upon request, execute, deliver and/or furnish all such documents
and instruments, and do or cause to be done all such acts and things as may be reasonable to effectuate
the purpose and intent of this Agreement.
24. Assignment. This Agreement may not be assigned without first obtaining the consent of the non -assigning
party.
25. Compliance with Public Office Laws. The signatories hereto agree that they are familiar with Section 18-8-
301 C.R.S., et.seq., (Bribery and Corrupt Influence) and Section 18-8-401 C.R.S., et.seq. (Abuse of Public
Office), as amended, and that no violation of such provisions is present. The signatories hereto state that
to the best of their knowledge, no State employee has any personal or beneficial interest whatsoever in
the service or property described herein.
26. Funding. This is a non -financial agreement. The parties will not exchange any funds related to this
agreement.
27. Required Approval. This Agreement shall not be deemed valid until it has been approved by all necessary
and required entities.
28. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a
waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of
the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended.
29. No Third -Party Beneficiary Enforcement. It is expressly understood and agreed that the enforcement of
the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be
strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or
right of action whatsoever by any other person not included in this Agreement. It is the express intention
of the undersigned parties that any entity other than the undersigned parties receiving services or benefits
under this Agreement shall be an incidental beneficiary only.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on thi95y of
ATTEST: d G►• ''t.�+ce�4C.
B
BOARD OF COUNTY COMMISSIONERS
Clerk to the Board WELD COUNTY, COLORADO
Deputy Clerk f. th Board
6
4Barbara Kirkmeyer, C
it JUL032019
2019.
PARTN ER:
The Northern Colorado Veteran's Resource Center
4650 W 20th Street Suite A
Greeley, CO 80634
By:
Date:
tfa�`/f0�r Swift
Harrison Swift (Apr 20 r 9
)
Harrison Swift
Founder/CEO
Apr 26, 2019
,o 19- asCoa
EXHIBIT A
SCOPE OF SERVICES
A. Types of Services to be Provided
Employment Services Workforce Innovation and Opportunity Act (WIOA) Adult Case Managers and
NCVRC staff will cooperatively provide servicesasfollows:
1. Assist Eligible Participants with gaining and maintaining employment
2. Leverage funding with WIOA and/or other community -based programs, avoiding duplication of
services thus maximizing funding
3. Address specific needs such as transportation, housing, food, personal care items and mental
health needs that are above and beyond services eligible under WIOA
4. Review and determine if funding for education or training that is not eligible to be paid through
WIOA funds, or are beyond current funding limits or caps, can be issued
B. Additional Services
NCVRC has partners located on site and throughout the community. These include:
1. Volunteers of America Supportive Services for Veteran Families (SSVF) specialize in helping
Veterans find housing
2. The Healing Warriors Program can provide acupuncture, craniosacral and healing touch therapy;
services normally not covered by insurance plans
3. Assisted Living Locators provide personal assistance in locating options for eldercare
4. The Veterans Affairs Transition Care Specialist helps coordinate healthcare
5. One-on-one counseling, group therapy and family counseling, can be provided by a variety of
facilities in the area but only if referred through NCVRC
Employment Services is the One -Stop Operator for Weld County and is housed on the Weld County
Department of Human Services campus. This provides easy access to:
1. Disabled Veterans Outreach Program
2. Area Agency on Aging (AAA)
3. Colorado Child Care Assistance Program (CCCAP)
4. Supplemental Nutritional Assistance Program (SNAP) to include the Employment First (EF) work
program
5. Medicaid eligibility
6. Child Support Services
7. Child Welfare
8. Foster Care Programs
9. Temporary Assistance to Needy Families (TAN F)
10. Migrant Seasonal Farmworker
11. Realizing Economic Advancement through Caring Homes (REACH)
12. Trade Adjustment Assistance (TAA)
13. AmeriCorps through the Weld County Youth Conservation Corps (WCYCC)
14. Assessment and Learning Center
7
15. Mandatory WIOA Partners
a. Wagner Peyser Act
b. Adult Education and Literacy under Title II
c. Title I of the Rehabilitation Act of 1965
d. Title V of the Older Americans Act of 1965
e. Career and Technical Education Programs authorized under the Carl D. Perkins Act of
2006
f. Trade Act of 1974
g. Community Services Block Grant
h. Department of Housing and Urban Development
i. State Unemployment Compensation
j. Second Chance Act of 2007
k. Part A of title IV of the Social Security Act
C. Tracking
The ConnectingColorado database will be utilized to track the services provided and to track the success
of eligible participants receiving support from the Project.
8
EXHIBIT B CONTACT PERSONS
For this Agreement, the individuals identified below are hereby designated representatives (Contact
Persons in accordance with paragraph 14) of the respective parties. Either Contact Person may from time to
time designate in writing a new or substitute representative(s):
For Employment Services: Cecilia Moreno
Adult Programs WIOA Supervisor
Employment Services of Weld County
315 N. 11 Ave, Bldg. B
Greeley, CO 80632
970-400-6756
cgarcia-moreno@weldgov.com
and
Karina Amaya
Adult and Youth Programs WIOA Manager
Employment Services of Weld County
315 N. 11 Ave, Bldg. B
Greeley, CO 80632
970-400-6763
kamaya@weldgov.com
For NCVRC:
Harrison Swift
Founder/CEO
The Northern Colorado Veteran's Resource Center
4650 W 20th Street Suite A
Greeley, CO 80634
HarrisonSwift@nocovrc.com
And copies to:
Claude "Ed" Riggs
Board of Directors The Northern Colorado Veteran's Resource Center
4650 W 20th Street Suite A Greeley, CO 80634
9
Contract Form
New Contract Request
Entity Information
Entity Name* Entity ID*
NORTHERN COLORADO VETERANS @00040792
RESOURCE CENTER
Contract Name*
NCVRC PARTNERSHIP PROJECT AGREEMENT
Contract Status
CTB REV] EN
Contract ID
2633
Contract Lead.
CULLINTA
❑ New Entity?
Parent Contract ID
Requires Board Approval
YES
Contract Lead Email Department Project #
cullinta@caweAd.co.us
Contract Description*
PARTNERSHIP AGREEMENT VVITH NORTHERN COLORADO VETERANS RESOURCE CENTER (NCVRV) AND EMPLOYMENT
SERVICES FOR THE SERVICES -TO -CAREER GRANT PROGRAM_
Contract Description 2
Contract Type
AGREEMENT
Amount*
$75,000.00
Renewable*
NO
Automatic Renewal
Grant
IGA
Department
HUMAN SERVICES
Department Email
CM-
HumanServices €fir weldgov.cam
Department Head Email
CM-HumanServices-
DeptHead@weidgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORN EY@'dVELD
GOV.COM
Requested ROCC Agenda
Date'
05/08/2019
Due Date
0510412019
Will a work session with I OCC be required?*
NO
Does Contract require Purchasing Dept. to be included?
If this is a renewal enter previous Contract ID
if this is part of a MSA enter MSA Contract ID
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in
OnBase
Contract Dates
Effective Date
01/01/2019
Termination Notice Period
Review Date*
05/0'; x2020
Renewal Date
Committed Delivery Date Expiration Date*
06/30/2020
Contact Information
Contact Info
Contact Name
Purchasing
Purchasing Approver
Approval Process
Department Head
SUE BJORLAND
DH Approved Date
04311012019
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
07103/2019
Originator
APETZOLD
Contact Type Contact Email
Finance Approver
BARB CONNOLLY
Contact Phone 1 Contact Phone 2
Purchasing Approved Date
Finance Approved Date
06/11/2019
Tyler Ref #
AG 070319
Legal Counsel
ROBIN COCHRAN
Legal Counsel Approved Date
06/27+2010
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