HomeMy WebLinkAbout20195143.tiffRESOLUTION
RE: APPROVE EQUIPMENT LEASE AND RENTAL AGREEMENT FOR TWO (2) 40 -TON
HAUL TRUCKS AND AUTHORIZE CHAIR TO SIGN - FOUR RIVERS EQUIPMENT
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 Equipment Lease and Rental
Agreement for two (2) 40 -ton Haul Trucks 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
Public Works, and Four Rivers Equipment, commencing December 12, 2019, and ending January
8, 2020, with further terms and conditions being as stated in said equipment lease and rental
agreement, and
WHEREAS, after review, the Board deems it advisable to approve said equipment lease
and rental agreement, copies of which are attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Equipment Lease and Rental Agreement for two (2) 40 -ton Haul
Trucks 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 Public Works, and Four Rivers
Equipment be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said equipment lease and rental agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 23rd day of December, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COL DO
ATTEST: dititv,t) .1d4;e1
Weld County Clerk to the Board
BY:
arbara Kirkmeyer, ' hair
Al n44- Mike Freeman, Pro -Tern
Deputy Clerk to the Board
APPAS
ount orney
Sean P. Conway
ames
Pl-e>"-e--e‘-rX"
Date of signature: o I /o2 -/2a
Steve Moreno
Cc. :PwfER/CH (Jc-)
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2019-5143
EG0076
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BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: 2020 TWO 40 TON HAUL TRUCKS LEASE
DEPARTMENT: WELD COUNTY PUBLIC WORKS DATE: 12-10-2019
PERSON REQUESTING: Jeff York, Trucking & Mining Supervisor
Brief description of the problem/issue:
The Mining Division is in need of two 40 ton articulating haul trucks to stockpile pit run for surface gravel
processing and reclamation at Peters 313, Hokestra, Koskie and Pierce North pits.
Four quotes were received. the lowest monthly cost was from 4 Rivers Equipment for $24,250/month for 12
months, including service for a total of $291,000. There was $25,000/month was approved in the 2020 budget
for this lease.
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
A) The Board can approve the month to month lease.
B) The Board can deny the month to month lease.
Recommendation:
Public Work Department Recommends option A.
Approve
Recommendation
Sean P. Conway
Mike Freeman, Pro-Tem
Scott K. James
Barbara Kirkmeyer, Chair
Steve Moreno
Schedule
Work. Session
Other/Comments:
2019-5143
2020 40 Ton Haul Truck Lease Quotes
January to December 2020
4 Rivers Equipment
$12,125.00/month x 2 trucks
Rental $11,500.00/month x 12 months x 2 trucks) = $276,000.00
Service $15,000.00 (4 services @500 hours x $3.75/hour x 2 trucks)
Total: $291,000.00 ($12,125.00 x 12 months x 2 trucks) Plus Service
Wagner Equipment $13,022.00/month x 2 trucks
Not Sure on Availability Rental $12,500.00/month x 12 months x 2 trucks) = $300,000.00
Service $12,528.00 ( $522.00 per month x 2 trucks)
Total: $312,528.00 ($13,022.00 x 12 months x 2 trucks) Plus Service
Power Equipment Co.
Power Motive Corp.
$14,998.90/month x 2 trucks
Rental $13,945.00/month x 12 months x 2 trucks) = $334,680.00
Service $18,600.00 (4 services @500 hours x $4.65/hour x 2 trucks)
Environmental Fee $6,693.60 (2% x $13,945.00 x 12 months x 2 trucks)
Total: $359,973.60 ($14,998.90 x 12 months x 2 trucks) Plus Service
$16,240/month x 2 trucks
Rental $15,355.00/month x 12 months x 2 trucks) = $368,520.00
Service $21,240.00 (4 services @500 hours x 5.31/hour x 2 trucks)
Total: $389,760.00($16,238.00 x 12 months x 2 trucks) Plus Service
WELD COUNTY MANDATORY CONTRACT PROVISIONS
Two 40 ton Haul Trucks
By execution of this Agreement, this IS* day of 40... `'Yl4� 2019, between the Board of County
Commissioners, by and on behalf of Weld County, Colorado, (hereinafter "Weld County"), and Four Rivers
Equipment, (hereinafter "Rental Company"), the parties agree that the following Mandatory Provisions constitute
an integral part of the Rental Agreement executed simultaneously herewith.
1. Effect of Mandatory Provisions -Priority of Interpretation: These Mandatory Provisions govern the
relationship between Weld County and Rental Company. Any provision of the Rental Agreement rendered null and void by
the operation of any of these Mandatory Provisions shall not invalidate the remainder of the Rental Agreement and the
Rental Agreement together with these Mandatory Provisions shall remain in full force and effect to the extent it remains
capable of execution. Should conflict in any provisions of the Mandatory Provisions and the Rental Agreement and any
exhibits thereto be identified, the priority of interpretation of the Agreement shall be as follows: 1). The Mandatory
Provision; 2} The terms and provisions of the Rental Agreement; and 3) Any Exhibits.
2. Fund Availability: Financial obligations of Weld County payable after the current fiscal year are contingent upon
funds for that purpose being appropriated, budgeted and otherwise made available. By execution of the Rental Agreement,
Weld County does not warrant that funds will be available to fund this Agreement beyond the current fiscal year.
3. 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.
4. Independent Contractor: Rental Company shall perform its duties hereunder as an independent contractor and
not as an employee. Rental Company shall be solely responsible for its acts and those of its agents and employees for all
acts performed pursuant to this Agreement. Neither Rental Company nor any agent or employee of Rental Company shall
be deemed to be an agent or employee of Weld County. Rental Company and its employees and agents are not entitled to
unemployment insurance or workers' compensation benefits through Weld County and Weld County shall not pay for or
otherwise provide such coverage for Rental Company or any of its agents or employees. Rental Company shall not have
authorization, express or implied, to bind Weld County to any agreement, liability or understanding, except as expressly set
forth in this Agreement.
5. Compliance with Law: Rental Company shall strictly comply with all applicable federal, state, and local laws,
rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and
unfair employment practices.
6. Choice of Law/Jurisdiction: Colorado law, and rules and regulations established pursuant thereto, shall be
applied in the interpretation, execution, and enforcement of the Rental Agreement. Any provision included or incorporated
therein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal
dispute between the parties, Contract Professional agrees that the Weld County District Court shall have exclusive
jurisdiction to resolve any dispute.
7. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra judicial body or
person. Any provision to the contrary in the Rental Agreement or incorporated herein by reference shall be null and void.
S. No Liability for Damage/Defect not Caused by Weld County: Notwithstanding any provisions to the contrary,
Weld County shall only be liable for damages or defects in the equipment or vehicle arising during the terms of the Rental
Agreement which arise solely on account of Weld County's negligent use of the equipment or vehicle. Rental Company
shall indemnify, defend, and hold harmless Weld County against all damages and claims arising from defects of the vehicle
or equipment.
9. Employee Financial Interest/Conflict of Interest. C.R.S. 4424-18-201 et sea. and 424-50-507: The signatories
to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest
whatsoever in the service or property which is the subject matter of the Rental Agreement. Rental Company affirms that it
has no interest and shall not acquire any interest direct or indirect that would in any manner or degree with the performance
of Rental Company's services and Rental Company shall not employ any person having such known interests.
Rental Agreement Mandatory Provisions
(January 13, 2015)
Page I
oO/ 9-�i �3
10. Taxes and Fees: Weld County is a governmental non-profit entity. Rental Company shall be solely responsible
for the payment of all taxes, governmental assessments and/or registration fees imposed by other governmental entities;
Weld County shall not be responsible for the payment of said taxes, assessments, or registration fees.
11. No Third Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the
terms and conditions of the Rental Agreement, and all rights of action relating to such enforcement, shall be strictly
reserved to the undersigned parties and nothing in the Rental Agreement shall give or allow any claim or right of action
whatsoever by any other person not included in the Rental Agreement. It is the express intention of the undersigned parties
that any entity other than the undersigned parties receiving services or benefits under the Rental Agreement shall be an
incidental beneficiary only.
12. Attorneys Fees/Legal Costs: In the event of a dispute between Weld County and Rental Company, concerning
this Agreement, the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fees
and/or legal costs incurred by or on behalf of Rental Company.
13. Warranty: Rental Company shall warrant that the vehicle or equipment is merchantable, of good quality, and
free from defects,
14. Non -Assignment: Rental Company may not sell, assign or transfer this agreement or any interest therein or claim
thereunder without the prior written consent of the County.
15. Non -Exclusive Agreement: This Agreement is nonexclusive and County may engage or use other Rental
Companies or persons of the same or similar nature.
16. Interruptions: Neither party to this Agreement shall be liable to the other for delays in delivery or failure to
deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its
reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions.
The parties hereby agree that the provisions contained herein shall be a part of the Rental Agreement to which they are
appended and shall be given full force and effect.
17. Termination: County has the right to terminate this Agreement, with or without cause on thirty (30) days written
notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of
the Agreement.
1.
Rental Co
B•
a
Title:
arbara Kirkmeyr, Chair / Date
Board of Coun Commissioners
Attest:
Wel' o n.,Cler. the :oar Date
By
Deputy Clerk to
Rental Agreement Mandatory Provisions
(January 13, 2015)
Page 2
EQUIPMENT RENTAL AGREEMENT
FOR OFFICE USE
CONTRACT NUMBER
140587
LESSEE NAME
WELD COUNTY
CUSTOMER NO
10905
STREET ADDRESS
1111 H STREET
DATE
12/12/2019
GOVT BID NUMBER
DEALER ACCOUNT NUMBER
7478
CITY STATE ZIP CODE
GREELEY CO 80631
LESSOR NAME & ADDRESS FORT COLLINS-4 RIVERS EQUIPMENT
125 JOHN DEERE DR
FORT COLLINS CO 80524
970.482.7154
TELEPHONE
970-356-4000
NAME OF CONTACT
JEFF YORK
PHONE N
970-381-1403
PURCHASE ORDER NO
TBD
PURCHASER TYPE: 4 - County
MARKET USE: 49
EQUIPMENT WILL (County) (City) (State)
BE USED AT WELD GREELEY CO
COUNTY CODE
CO123
Rentals are Payable In Advance of Use of Equipment
RENTAL TERM
RENTAL IS:
MINIMUM RENTAL
ADDITIONAL CHARGES (Specify)
Begin Date: 12/12/2019
End Date: 1/8/2020
$11,500.00 "
Hour
Per ❑
Day
❑
Week 4 Week
GUARANTEED BY LESSEE
.___..___
50.00 I
I $230 00 i
L 2% SMM or 2% DRACSMM
Q
Rental Unit Make
DESCRIPTION OF RENTAL EQUIPMENT
Model Model Name Eq ID PIN No
Meter Reading Present Value
112375 John Deere 410E
Contract Notes
PLEASE RETURN UNIT FULL ON FUEL AS REFUEL RATE IS $5.75 PER GAL. IF UNfT REQUIRES OEF, PLEASE RETURN FULL AS REFILL RATE IS $8.00 PER GAL. IF UNIT
REQUIRES A KEY, PLEASE RETURN WITH A KEY. MISSING KEYS ARE $10.00 EACH. CLEANING $150.00 AN HOUR. WELD COUNTY TO BE BILLED $3.75/HR FOR ALL
PREVENTATIVE MAINTENANCE. TO BE BILLED MONTHLY BASED ON USAGE REFLECTED ON JDLINK. THIS DOES NOT INCLUDE DAILY INSPECTIONS, GREASING,
FUEL AND DEF. 4 RIVERS EQUIPMENT WILL PERFORM ANY NEEDED PM WORK ONSIGHT. SERIAL NUMBER AND STOCK NUMBER ARE SUBJECT TO CHANGE. THANK
YOU FOR YOUR BUSINESS!
TG HB (DORF)
686954
1DW410ETJJF888954 741
3692900 00
Total Present Value $692,900.00
Lessor hereby leases to Lessee the equipment identified above ("Equipment') for the term and with the rental payments set out above. Rental payments shall be made to Lessor at the
address shown above, subject to the provisions of paragraph 4 on the reverse side hereof. The Equipment will be transported to and from Lessor's place of business during the rental
term at Lessee's expense. Lessee also agrees to pay any additional charges noted above upon or before receiving the Equipment from the Lessor.
It is contemplated that the Equipment will be operated for not more than:
NO. OF HOURS IN ANY ONE DAY
8
NO. OF HOURS IN ANY ONE WEEK NO. OF HOURS IN ANY 4 WEEKS
40
Lessee agrees to pay additional rental prorated at the applicable daily, weekly or 4 week rate for each hour the Equipment is used in excess of such time. The additional rent for excess
hours of use will be paid at the time the Equipment is returned or, if the Equipment is leased for more than thirty days, on the first day of the month following such use. If an hour meter is
furnished, (1) Lessee agrees to keep it connected to the Equipment and In good working condition at all times, and (2) it will be used as the conclusive measure of the number of hours
of operation.
If Lessee fails to return the Equipment by the end of the rental term, Lessee will pay additional rental, prorated at one and one-half times the normal rental, for each day that the
Equipment remains unretumed.
Lessee assumes all risks and liability for and agrees to hold Lessor and its assign harmless from all personal injuries and death, property damage, suits, claims (including third party
claims), losses, expenses, costs, and attorney fees, arising from or in connection with the Lessee's use, possession, entrustment to others, or transportation of the Equipment. Lessee.
at Lessee's own expense, will carry general liability insurance with limits of liability not less than $1,000,000 per occurrence and $1,000,000 aggregate. unless greater liability limits are
specified below
PER OCCURRENCE LIMIT
$0.00
PER AGGREGATE LIMIT
$0.00
Lessee agrees to furnish a certificate of insurance to Lessor's satisfaction evidencing Lessee's compliance with the foregoing requirement and name the Lessor as an additional insured
on the Lessee's general liability policy upon demand by Lessor.
Lessee shall indemnify Lessor against all loss or damage to the Equipment while it Is out of Lessor's possession. The amount of any such loss or damage will be based on the
value shown above. Damage to the Equipment, other than a total loss, will not abate or excuse the making of prescribed rental payments. Lessee agrees to use and care for the
Equipment in a careful and prudent manner.
Lessee agrees to pay all operating and maintenance expenses while the Equipment is out of the Lessors possession, and to make or secure any needed repairs. All repairs shall
be at Lessee's expense, except to the extent that Lessor performs repairs and obtains compensation for doing so from the manufacturer. To the extent permitted by law, neither
Lessor, Its assigns, the wholesale distributor or manufacturer makes any representation or promise as to the quality, performance or freedom from defect of the Equipment. and
NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS IS MADE. Neither Lessor, Its assigns, the wholesale distributor or manufacturer will be liable for any incidental
or consequential damages which may result from the use, performance or failure of the Equipment. Lessee acknowledges that the Equipment is of a size, design and capacity
selected by Lessee and that Lessee is satisfied that the Equipment is suitable for Lessee's purposes.
Lessee will return the Equipment to Lessor in as good condition as received, reasonable wear and tear excepted, by the end of the rental term. If the Equipment is not in such
good condition upon its return to Lessor and Lessor elects to repair it, Lessee will pay for such repairs at Lessor's regular shop rates.
Lessor may, at Lessor's option, replace the Equipment with a similar machine at any time during the rental term. Lessor will notify Lessee If Lessor intends to exercise this option,
and Lessee will have three (3) business days following such notice in which to exercise the purchase option provided below or return the Equipment to Lessor. Upon return of the
Equipment to Lessor, the rental term hereunder shall terminate, and the parties will enter into a new original Rental Agreement covering the replacement machine. Such new
Rental Agreement shall extend, at a minimum, for the remainder of this Rental Agreements rental term and have a rental rate no greater than the rate for rental of the Equipment
hereunder.
Upon or before the end of the rental term, Lessee may elect to purchase the Equipment for the 'Total Present Value" specified on this Rental Agreement, and may apply to
such purchase price ; 0 ] % of all rentals previously paid. An election to purchase will be evidenced by execution of a purchase order form supplied by Lessor.
THIS RENTAL AGREEMENT IS SUBJECT TO ALL OF THE TERMS AND CONDITIONS SET OUT BELOW.
LESSEE (Customer) - All new equipment rented hereunder was received with
O tors Manuals, and operation and servicing have
en explained to me.
CONTRACT NUMBER 140587
LESSOR (Dealer) - The equipment rented hereunder was set up, inspected and,
if new, adjusted according to factory recommendations
before delivery. Operation and servicing have been
explained to the Lessee.
NAT
RE DATE
RENTAL AGREEMENT
1. Addition of Accessories
Lessee will not, without Lassoes written consent, install any accessories or devices on the Equipment it such installation will impair the originally intended function or use of the
Equipment. All accessories or devices affixed to the Equipment will become the property of Lessor unless such accessory or device can be removed without in any way affecting
the originally intended function or use of the Equipment Any damage to the Equipment caused by the removal of such accessories or devices will be repaired at Lessee's
expense.
2. Compliance with Regulations
Lessee will comply with all laws and regulations relating to ownership, possession, use or maintenance of the Equipment.
3. Inspection
Lessee will, whenever requested, advise Lessor of the exact location of the Equipment. Lessor and its representatives may, for the purpose of inspection, enter upon any job,
building or place where the Equipment is located at any reasonable time. Lessor may remove the Equipment without notice to Lessee If, in the opinion of the Lessor, it is being
used beyond its capacity or in any other manner improperly cared for or abused.
4. Assignment
Lessee agrees that Lessor may assign this Rental Agreement and all right, title and interest of Lessor in and to the Equipment, and all sums due or to become due to Lessor
hereunder (of which assignment Lessee hereby waives notice), and Lessee agrees to recognize such assignment. Lessee's obligation to pay rent under this Rental Agreement
will not as to any such assignee be subject to any diminution arising out of any breach of any obligation hereunder or other liability of Lessor to Lessee. Lessee may not assign
this Rental Agreement.
Lessee further agrees to make rental payments directly to John Deere Construction Equipment Company ("Deere"), if Deere becomes Lessor's assignee, upon and following
receipt from Deere of evidence of assignment and a written request to do so, and Lessor agrees to recognize any payment so made as satisfaction of Lessee's obligation to make
that payment hereunder.
5. Default
if Lessee fails to make any rental payment when due, attempts to sell or encumber the Equipment, ceases operating, institutes or has instituted against it proceedings under any
bankruptcy or insolvency law, makes an assignment for the benefit of creditors or fails to comply with any other provision of this Rental Agreement, or if any attachment, execution,
writ or process is levied against the Equipment or any of Lessee's property, or if for any reason Lessor deems itself insecure or the Equipment unsafe, Lessor may terminate the
rental term hereunder by giving Lessee written notice thereof, in which event Lessee will deliver the Equipment to Lessor on demand, and Lessor may enter upon any job, building
or place where the Equipment is located and take possession of it without notice to Lessee. In the event of such termination, Lessee agrees to pay all guaranteed rentals and all
other rentals due, damages for any injury to the Equipment, legal expenses, costs of removal of the Equipment from the possession of Lessee, and all freight, storage,
transportation and other charges incurred in such removal and return to Lessor at its place of business.
The parties further agree that Deere, if Deere becomes Lessor's assignee, also may terminate the rental term hereunder and lake possession of the Equipment upon any of the
events specified above, including without limitation Deere's determination that its interest is insecure or the Equipment is unsafe, regardless of whether Lessor concurs in Deere's
judgment or desires to terminate the rental term. The parties further agree that, in the event Deere elects to terminate the rental term, Lessee shall pay to Deere all rentals due,
damages for any injury to the Equipment, legal expenses, and costs or removal of the Equipment from the possession of Lessee.
6. Construction
This is an agreement for rental only. Nothing herein will be construed as conveying to Lessee any right, title or interest in or to the Equipment, except as a lessee.
7. Guaranteed Rental . Return of Equipment
Provided the guaranteed rental set forth on the reverse side is or has been paid. Lessee may return the Equipment and terminate the rental term hereunder on three days notice to
Lessor.
8. General
Time is of the essence of this Rental agreement. Lessor's failure at any time to require strict performance by Lessee of any provision of this Rental Agreement will not waive or
diminish Lessor's right thereafter to demand strict compliance with that or any other provision. Waiver by Lessor of any default will not waive any other default This Rental
Agreement may not be modified except by a written revision signed by the parties hereto. Lessee acknowledges receipt of a signed copy of this Agreement.
Page 2 of 2
fib/9 by��3
Contract Form
New Contract Request
Entity Information
Entity Name*
4 RIVERS EQUIPMENT
Entity ID*
@00033528
Contract Name*
AGREEMENT WITH 4 RIVERS EQUIPMENT FOR TWO 40 TON
HAUL TRUCKS LEASE
Contract Status
CTB REVIEW
Contract ID
3325
Contract Lead*
JYORK
Contract Lead Email
jyork@coweldco.us
New Entity?
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description*
AGREEMENT BETWEEN WELD COUNTY AND 4 RIVERS EQUIPMENT TO LEASE TWO 41) TON ARTICULATING HAUL TRUCKS
FOR STOCKPILING AND RECLAMATION
Contract Description 2
Contract Type ""
AGREEMENT
Amount *
$291000.00
Renewable*
NO
Automatic Renewal
Department
PUBLIC WORKS
rtment Email
CM-
PublicWorksweldgov corn
Department Head Email
C M- P u bl i cWo r k s-
UeptHead@weldgov.com
County Attorney
BOB CHOATE
Requested BOCC Agenda
Date*
12/23/2019
Due Date
12/19/2019
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be included?
County Attorney Email
IGA BCHOATE@CO.WELD.CO US
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
On Base
Contract Dates
Effective Date
01;01/2020
Review Date*
11'/01/2020
Termination Notice Period Committed Delivery Date
Renewal Date
Expiration Date
12131/2020
Contact Information
Contact Info
Contact Name
Purchasing
Purchasing Approver
Approval Process
Department Head
JAY MCDONALD
DH Approved Date
12+1612019
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
12+23/2019
Originator
JYORK
Contact Type
Contact Email
Finance Approver
BARB CONNOLLY
Contact Phone 1 Contact Phone 2
Purchasing Approved Date
Finance Approved Date
12<<18/2019
Tyler Ref #
AG 122319
Legal Counsel
BOB CHOATE
Legal Counsel Approved Date
12.'18/2019
Submit
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