HomeMy WebLinkAboutR-88-0323I a
J-88-311
4/14/88
RESOLUTION 99-32i 3
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO AN AGREEMENT BETWEEN THE CITY OF
MIAMI AND CEDARS MEDICAL CENTER FOR THE
ADMINISTRATION OF FIRE FIGHTER'S ANNUAL
PHYSICAL EXAMINATIONS FOR THE DEPARTMENT OF
FIRE, RESCUE AND INSPECTION SERVICES FOR A
PERIOD OF ONE (1) CALENDAR YEAR;
SUBSTANTIALLY IN ACCORDANCE WITH THE TERMS
AND CONDITIONS SET FORTH IN THE AGREEMENT;
WITH AN APPROXIMATE COST OF $93,705.00 WITH
FUNDS TO BE PROVIDED FOR IN THE FIRE, RESCUE
AND INSPECTION SERVICES DEPARTMENT'S GENERAL
OPERATING BUDGET.
WHEREAS, the City of Miami Fire, Rescue and Inspection
Services Department has maintained a physical examination's
contract with Cedars Medical Center for the past four (4) years;
and
WHEREAS, the contract with Cedars Medical Center expired in
November, 1987, and in order to remain in compliance with the
agreement between the City of Miami and the International
Association of Fire Fighters Local #587 to provide annual physical
examinations, requests for proposals were solicited from three (3)
health care providers; and
WHEREAS, the Department has selected and prefers Cedars
Medical Center based on low unit price for specific examinations,
past performance, compliance with the Department's medical
specifications, and central location within the corporate limits
of the City of Miami;
Cffr
COMMSSION
MEETING Op
APR 14 1988
SOLUTION No. ~a3iZ3
THEREFORE, PBE
:, nE. _.�7EL
,_Y :: E r'
. E
:iTY
ion The :ity "anaier
:,, ther�,by
�.iuthorl, e.Eq
4, -. enter
into the ittached agreement tetween
the :ity
of 'liami end
'edars
Medical :enter to provide ire
=ighter'c annual
rnySA".CI
examinations for the
Fire, rescue and
:nspection
.services
Department for a period
of Dne
2aiendar
year , substantially
in accor:ance with the
terms and
conditions
set forth
`herein
with an approximate cost
):' : 3-�,�f�5.
, with
funds to t�-
f rcvided
in the Fire, Rescue and
:nspection
::ervices
Department'.3
general
Operat i,,. ; budget.
PASSED AND ADOPTED
this 14th
ay of A ril 8.
IER L. SUAREZ,
0±9DR
aT
I,CITY CLERK
PREPAJLED AND APPROVED BY:
C
ROBERT F. CLVARK
CHIEF DEPUTY CITY ATTORNEY
APPRO)fEp AS TO FORM AND CORRECTNESS:
VtM H. /vuU
TY ATTORNEY
-2- W323
PROFESSIONAL SERVICES AGREEMENT
This Agreement entered into this day of ,
1988, by and between the City of Miami, a municipal corporation
of the State of Florida, hereinafter referred to as "CITY", and
Cedars Medical Center hereinafter referred to as "CEDARS."
RECITAL:
WHEREAS, the CITY and CEDARS desire to cooperate to provide
annual physical examinations in connection with the agreement
between the City of Miami and the International Association of
Fire Fighters Local No. 587; and
WHEREAS, funding for this service will be provided from the
Department of Fire, Rescue and Inspection Services General Fund
under Code No. 280101-260 entitled Professional Services - Dental
and Medical.
NOW, THEREFORE in consideration of the mutual covenants and
obligations herein contained, and subject to the terms ana
conditions hereinafter stated, the parties hereto understand and
agree as follows:
TERM:
The term of this Agreement shall be from April 15, 1988 and
continue for cQ 11 a ender year/ with a one year extension
option.
SCOPE OF SERVICES:
A. CEDARS shall provide the services included in
Attachment "A" as incorporated herein.
B. CEDARS shall provide annual physical examinations
pursuant to the following age groups:
a. Under 30 years old - every three (3) years.
b.
30-39
years old -
every two (2) years.
c.
Over
40 years old
- every year.
fjL7 %2:i
0
011
COMPRMSATIONt
A. CITY shall pay CEDARS, as maximum compensation for the
services required pursuant to Paragraph II hereof,
Ninety -Three Thousand Seven Hundred Five Dollars
($93,705.00) for the first year of this Agreement. The
annual compensation will vary as the number of fire
fighters receiving physicals will vary annually.
Attached and incorporated herein as Attachment B is the
itemized unit cost for physicals.
B. Such compensation shall be paid on the followinq basis:
Payment shall be made monthly for work performed the
previous month, upon submission of properly certified
invoices. No advance payments of any kind will be made
by the CITY.
C. CITY shall have the right to review and audit the time
records and related records of CEDARS pertaining to Any
payments by the CITY.
IV.
COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS:
Both parties shall comply with all applicable laws,
ordinances and codes of federal, state and local governments.
V.
GENERAL CONDITIONS:
A. All notices or other communications which shall or may
be given pursuant to this Agreement shall be in writing
and shall be delivered by personal service, or by
registered mail addressed to the other party at the
address indicated herein or as the same may be changed
from time to time. Such notice shall be deemed given
on the day on which personally served; or, if by mail,
on the fifth day after being posted or the date of
actual receipt, whichever is earlier.
138-32.3
�O
CITY OP MIAMI CEDARS MEDICAL CENTER
Fire, Rescue and Inspection 1295 N.W. 14th Street
Services Department Miami, Florida 33136
275 Northwest 2nd Street
Miami, Florida
B. Title and paragraph headinqs are for convenient
reference and are not a part of this Agreement.
C. In the event of conflict between the terms of. this
Agreement and any terms or conditions contained in any
attached documents, the terms in this Agreement shall
rule.
D. No waiver or breach of any provision of this Agreement
shall constitute a waiver of any subsequent breach of
the same or any other provision hereof, and no waiver
shall be effective unless made in writing.
E. Should any provisions, paragraphs, sentences, words or
phrases contained in this Agreement be determined by a
court of competent jurisdiction to be invalid, illegal
or otherwise unenforceable under the laws of the State
of Florida or the City of Miami, such provisions,
paragraphs, sentences, words or phrases shall be deemed
modified to the extent necessary in order to conform
with such laws, or if not modifiable to conform with
such laws, then same shall be deemed severable, and in
either event, the remaining terms and provisions of
this Agreement shall remain unmodified and in full
force and effect.
VI.
ONNERSBIP OF DOCUMENTS:
All documents developed by CEDARS under this Agreement shall
be delivered to CITY by said CEDARS upon completion of the
services required pursuant to paragraph II hereof and shall
become the property of CITY, without restriction or limitation on
its use. CEDARS agrees that all documents maintained and
generated pursuant to this contractual relationship between CITY
SS-32:3
- 3- 7
and CEDARS shall be subject to all provisions of the Public
Records Law, Chapter 119, Florida Statutes.
It is further understood by and between the parties that any
information, writings, maps, contract documents, reports or any
other matter whatsoever which is given by CITY to CEDARS pursuant
to this Agreement shall at all times remain the property of. CITY
and shall not be used by CEDARS for any other purposes whatsoever
without the written consent of CITY.
VII.
NONDELEGABILITY:
That the obligations undertaken by CEDARS pursuant to this
Agreement shall not be delegated or assigned to any other person
or firm unless CITY shall first consent in writing to the
performance or assignment of such service or any part thereof by
another person or firm.
Vill.
AUDIT RIGHTS:
CITY reserves the right to audit the records of CEDARS at
any time during the performance of this Agreement and for a
period of one year after final payment is made under this
Agreement.
IX.
AWARD OF AGREEMENT:
CEDARS warrants that it has not employed or retained any
person employed by the CITY to solicit or secure this Agreement
and that it has not offered to pay, paid, or agreed to pay any
person employed by the CITY any fee, commission percentage,
brokerage fee, or gift of any kind contingent upon or resulting
from the award of this Agreement.
89 -323
X.
CONSTRUCTION OF AGREEMENT:
This Agreement shall be construed and enforced according to
the laws of the State of Florida.
XI.
SUCCESSORS AND ASSIGNS:
This Agreement shall be binding upon the parties herein,
their heirs, executors, legal representatives, successors, and
assigns.
XII.
INDEMNIFICATION:
CEDARS shall indemnify and save CITY harmless from and
against any and all claims, liabilities, losses, and causes of
action which may arise out of CEDARS's activities under this
Agreement, including all other acts or omissions to act tin the
part of CEDARS, including any person acting for or on its behalf,
and, from and against any orders, judgments, or decrees which may
be entered and from and against all costs, attorneys' fees,
expenses and liabilities incurred in the defense of any such
claims, or in the investigation thereof.
BONDING AND INSURANCE:
During the term of this Agreement CEDARS shall maintain
bonding and insurance coverages in amounts as determined by the
Risk Management Division of CITY. CITY shall be named as an
additional insured on all such coverages.
CEDARS shall furnish certificates of insurance and bonding
as required, to CITY prior to commencing any activities under
this Agreement.
FW--32:1
XIV.
CONFLICT OF INTEREST:
A. CEDARS covenants that no person under its employ who
presently exercises any functions or responsibilities
in connection with this Agreement has any personal
financial interests, direct or indirect, with CITY.
CEDARS further covenants that, in the performance of
this Agreement, no person having such conflicting
interest shall be employed. Any such interests on the
part of CEDARS or its employees, must be disclosed in
writing to CITY.
B. CEDARS is aware of the conflict of interest laws of the
City of Miami (City of Miami Code Chapter 2, Article
V), Dade County Florida (Dade County Code Section 2-
11.1) and the State of Florida, and agrees that it
shall fully comply in all respects with the terms of
said laws.
XV.
INDEPENDENT CONTRACTOR:
CEDARS and its employees and agents shall be deemed to be
independent contractors, and not agents or employees of CITY, and
shall not attain any rights or benefits under the Civil Service
or Pension Ordinances of CITY, or any rights generally afforded
classified or unclassified employees; further they shall not be
deemed entitled to the Florida workers' Compensation benefits as
an employee of CITY.
XVI.
TERMINATION OF CONTRACT:
CITY retains the right to terminate this Agreement at any
time prior to the completion of the services required pursuant to
paragraph II hereof without penalty to CITY. In that event,
notice of termination of this Agreement shall be in writing to
CEDARS, who shall be paid for those services performed prior to
the date of its receipt of the notice of termination. In no
case, however, will CITY pay CEDARS an amount in excess of the
total sum provided by this Agreement.
It is hereby understood by and between CITY and CEDARS that
any payment made in accordance with this Section to CEDARS shall
be made only if said CEDARS is not in default under the terms of
this Agreement. If CEDARS is in default, then CITY shall in no
way be obligated and shall not pay to CEDARS any sum whatsoever.
XVII.
NONDISCRIMINATION:
CEDARS agrees that it shall not discriminate as to race,
sex, color, creed, national origin, or handicap in connection
with its performance under this Agreement.
Furthermore that no otherwise qualified individual shall,
solely by reason of his/her race, sex, color, creed, national
origin, or handicap, be ext:luded from -the participation in, be
denied benefits of, or be subjected to discrimination under any
program or activity receiving federal financial assistance.
XVIII.
MINORITY PROCUREMENT COMPLIANCE:
CEDARS acknowledges that it has been furnished a copy of
Ordinance No. 10062, the Minority Procurement Ordinance of the
City of Miami, and agrees to comply with all applicable
substantive and procedural provisions therein, including any
amendments thereto.
XIX.
CONTINGENCY CLAUSE:
Funding for this Agreement is contingent on the availability
of funds and continued authorization for program activities and
is subject to amendment or termination due to lack of funds, or
authorization, reduction of funds, and/or change in regulations.
88-323
XX.
DEFAULT PROVISIONt
In the event that CEDARS shall fail to comply with each and
every term and condition of this Agreement or fails to perform
any of the terms and conditions contained herein, then CITY, at
its sole option, upon written notice to CEDARS may cancel and
terminate this Agreement, and all payments, advances, or other
compensation paid to CEDARS by CITY while CEDARS was in default
of the provisions herein contained, shall be forthwith returned
to CITY.
XXI.
ENTIRE AGREEMENT:
This instrument and its attachments constitute the sole and
only Agreement of the parties hereto relating to said grant and
correctly sets forth the rights, duties, and obligations of each
to the other as of its date. Any prior agreements, promises,
negotiations, or representations not expressly set forth in this
Agreement are of no force or effect.
XXII.
AMENDMENTS:
No amendments to this Agreement shall be binding on either
party unless in writing and signed by both parties.
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed by the respective officials thereunto
duly authorized, this the day and year first above written.
ATTEST:
MATTY HIRAI
City Clerk
ATTEST:
Corporate Secretary
CITY OF MIAMI, a municipal
Corporation of the State of
Florida
By
CESAR H. ODIO
City Manager
CEDARS MEDICAL CENTER
By
(Title)
(Seal)
4v—a;ic:4,t
. •
L
APPAMo As TO tNSURANCS
R2W I RRMSNTs :
Insurance Manager
LOX/wpc/p0/M126
A!lROVeo AS TO IPOR14 AND
CoRRlCTNs8s:
City Attorney
-9-
W323
Ll
CEDARS MEDICAL CENTER
SCOPE or SERVICES
ATTACHMENT A
CEDARS shall maintain a complete file �)n each firq fighter, which
may be transferred to she physician of the fire fighter's choice
upon signed request.
A summary of the results )f all examinations and evaluations, as
well as a list of recommendations, shall be forwarded to the fire
fighter and the City Physician within 30 days .)f completion of
examination.
CEDARS shall submit bills for service to the Fire, Rescue and
Inspection Services Department, which will verify them against
records, reconcile differences, and process them for payment.
CEDARS shall maintain all financial records customarily used in
this type of operation in accordance with accepted accounting
practice and standards. The City shall, through the City
Auditors, and the Fire, Rescue and Inspection Services Department
designee, be permitted to examine and audit during ordinary
business hours, the records of accounts.
Retests that may be required for any reason shall be performed at
the expense of the provider.
The City of Miami is accepting bid proposals for fire fighter
medical evaluations, as required in the current Collective
Bargaining Agreement between the City of Miami and Miami
Association of Fire Fighters Local 587 and International
Association of Fire Fighters, AFL-CIO.
The Department employs approximately 654 uniformed fire fighters.
The 654 personnel are classified as follows:
Age 29 and under = 144 (to be examined every
three years)
Age 30 through 39 - 289 (to be examined every
two years)
Age 40 and over 221 (to be examined every
year)
Approximately 991 are males. Period of exam will include the
fiscal years 87-88, 88-89, 89-90, and one renewal year.
These specifications are intended to provide thorough medical
evaluations by qualified medical staff. The provider shall
conduct this in no more than two visits.
Page 1 of 6 Mw323
4b
SPECIFICATIONS (Continued)
The first visit shall include a thorough medical history,
comprehensive physical examination, laboratory work up,
radiological examinations, pulmonary function testing, and
indicated immunizations. This visit shall be conducted from 8:00
a.m. to 5:00 p.m., Monday through.Friday, on the appointed day.
The second visit, where applicable, shall include additional
sophisticated tests, i.e., hearing and visual testing,
cardiovascular stress testing etc. and final consultation between
the fire fighter and a physician, for a review and discussion of
the findings and recommendations.
Once testing is initiated, all tests and evaluations should be
completed within 60 days.
The City of Miami will only pay invoices submitted by the medical
facility for whom a Purchase Order has been issued. This
facility will be the primary care facility. Any charges incurred
by the primary care facility from other medical professionals
will be the responsibility of the primary care facility. These
invoices will not be paid by the patient or the City of Miami.
ITEM I : COMPLETE BASIC PHYSICAL EXAMINATIONS FOR FIRE FIGHTERS
A. Medical History. - Provider shall obtain a complete and
thorough medical history for the employee.
B. Health Risk Profile . - A health -appraisal tool designed
to identify a person's major health risks and how life-
style habits affect these risks. There is a confidential
computer generated profile that prioritizes and explains
the necessary life-style changes to reduce risks.
S ecifications : - The profile should have the following
characteristics:
1. Projects the relationship between chronological age
and risk age.
2. The profile will clearly and concisely show
participants both immediate and long-term effects of
their life-styles.
3. The profile will able to retrieve and compare
profiles of 3 years of screening, giving year to year
comparisons.
4. The profile will prioritize rank feedback and enable
the participant to keep or score on their health
habits that shows their progress from year to year.
page 2 of F 89p_
qb
SPECIFICATIONS (Continued)
S. The profile used will be one that can derive a
management report identifying the relationship
between health risks and costs to the organization.
NOTESs The Health Risks Questionnaire will be filled out
on the first visit.
The computer -generated confidential profile will be
returned on the second visit to the hospital.
C. Physical Examination
Physical examination to include the followings
General appearance
Upper extremities
Height
Lower extremities
Weight
External genitalia
Head, scalp, face
Anus, digital rectal examination
Neck
Lungs, chest wall breasts, back
Ears
Vascular system
Nose
Heart
Throat
Endocrine system
Mouth
Vital signs, T, P, R,B/P(both arms)
Spine
Neurological evaluation
Skin
Mental status, memory, orientation,
Abdomen
judgement, intellect, affect
D. Laboratory Work -Up
1. Hematology panel
CBC, including indices
screening.
and differential/Sickle cell
2. Blood Chemistry including all of SP 31 and HDL/LDL
ratios.
Comprehensive Biochemical Profile (BP-31)
Albumin
Alkaline Phosphatase
Bilirubin, Direct
Bilirubin, Total
Calcium
Chloride
CPR
CO2 Content
Creatinine
Gamma Glutamyl
Transferase
Glucose
.Iron, Serum
LDH
Phosphorus, Inorganic
Potassium
Protein, total
SOOT
SGPT
Urea Nitrogen
Urid Acid
Triglycerides
T4 by RIA
Calculated Parameters
- A/G Ratio
- BUN/Creatinine Ratio
- Calcium, (Ionized)
- Anion Gap
- Globulin
- Osmoality
Page 3 of 6 &O-32a
SPECIFICATIONS (Continued)
). Urinalysis
Spec. Gravity PH Urobilinogen Glucose Protein
Microscopic: Ketone Bodies, 8ilirubin, Blood
E. Ophthalmological Evaluation
1. Visual Acuity
2. Physical Examination to include:
a) Pupils
b) Extra -ocular movement
c) Conjunctiva
d) Sclera
e) Fundoscopic evaluation
f) Color vision
F. Pulmonary Function Test
(Screening for obstructive and restrictive diseases)
1. Vital Capacity and FEV-1
2. Any firefighter who falls below 801 below standard
norm as result of test I (above), shall have a flow
volume loop and a post broncholidator if indicated.
G. Radiological Evaluation
Standard chest PA & Lateral films. This test will be
optional to the firefighter.
H. Skin Test
Intradermal test for Tuberculosis exposure.
Explains self evaluation kit and return visit if
positive.
I. Electrocardiogram
Twelve led resting EKG. Shall be interpreted by
cardiologist, and report with mounted rhythm strip
included in medical chart.
J. Digital Rectal and Prostatic Exam
Stool h*natest for occult blood, optional SO years of age
and over or by recommendation of the physician, flexible
siquoidoscopy. If positive occult blood, full
coloncuoscopy.
Page 4 of 6 • W=
L-1
SPECIFICATIONS (Continued)
MEDICAL TESTING PROTOCOL
K. Audiological Screening
Will test the normal hearing range, 500 to 6,000 HERTZ,
using high quality equipment in sound proof booths by an
audiologic technician.
ITEM 2: Additional Alternative Exams
1. GYN
Mammogra■ (females over 35 years old)
Speculum and bimanual examination, including Pap
smear (all females)
2. Hearing Test
Upon failure of an audiometric screening exceeding
levels of 25 dB HL for frequencies 250, 500, 1000,
2,000, 4,000, and 6,000 Hz at one frequency in either
ear, a comprehensive evaluation will be conducted.
The comprehensive evaluation will be conducted by a
certified Clinical Audiologist, Utilizing a currently
calibrated audiometer as per ANSI standards.
The charges are:
History
External otoscopic exam
Comprehensive audiometric exam
Impendence exam: (mobility of tympanic membrane)
Counseling
3. Cardiovascular Stress Test
A cardiovascular stress test shall be administered to
fire fighters with a positive history of
cardiovascular disease, in themselves or their
family, and to all those 40 years of age or older.
Stress Test shall be administered by a trained
cardiologist. When recommended by the examining
physician, the following additional tests may be
performed:
Echocardiogram, Thallium Stress, Exercise Muqa Stress
Test
4. Hepatitis 8 Screening
Page 5 of F
SPECIFICATIONS (Continued)
S. Tetanus Toxci d
Individuals who have not previously been immunised
shall receive the standard initial three dose
regimen. Those who have not received a booster
within 5 years shall be so immunized.
G. Pulmonary Function Test
a. Flow Volume Loop - Compare flow to lung volume,
providing a more sensitive indicator of early
small airway diseases: asthma, bronchitis,
emphysema.
b. Post 9ronchodilatory Study (to include 15 min.
San Tx)
This test measures the response of the lungs to
bronchodilation in comparison to normal
ventilatory patterns. This determines the
percentage of small airway disease and its
reversibility.
page E of E.
89".' zi
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1�rnpfic ;��7I!" .I, ....Trg * AT"AC!YrNT B
(,ngTc find nuvc T • + tiul'urulfMielma
J,7
-NO. DESCRtPTtON UNIT COST
Estimatedquantity first year 51-0
Age 29 and under (to be examined every three (3) years) '
Age 30-39 to be examined every two (2) years)
Age 40 and over (to be examined every year)
i Complete basic Physical
11 Additional Alternative Exams
$
I.
Gyn
$ nn
2.
Hearing Test
00
3.
Cardiovasculat Stress Test
$l21n.nn
4.
Thallium Stress Test
$fon on
S.
Exercise Muga Stress Test
$ 61'10. nn
6.
Echocardiogram
$ 300.00
7.
Mammogram
$ °n • o0
S.
Hepatitis 9 Screening (non -vaccinated
fire fighters)
$ 13.00
9.
Hepatitits 9 Titter (vaccinated Fire fighters)$ 11.00
10.
Tetanus Toxoid
$ :.00
11.
Hemoglobin Electrophoresis
$16.00
12.
Pulmonary Function Test
$ 5.00
13.
Sigmoidoecopy and Colonoscopy
$ 1Sn.00 (each)
• Note
that quantities are estimated, any will vary from year to
year,
according to age, and age group schedule.
Social
Security or Federal Employer
identification
Number
A9-32111
Federico L. Rosello, .11.D.A.A.
GENERAL PRACTICE
!MI N.w. 10 •Tate?. MIAMI, PLOAIOA 33126
PNONt: fuel 4"4MO • 94 IE0W1t
Match 3, 1988
David Wittea, L. T.
Department o6 Fate, Rescue
and Inapec ton Sehvices
275 N.W. 2nd St.
Aliami., Ft.oti.da 33128
Dean Li.utenant W.cteea:
Orlando Fernandez, Af.D.
Raul J. Femande:. M. D.
Jose .4. Rossique. M.D.
It was mu pteaaute to meet you .in my o66tee and ta.th. about .the C.c to oA Miami
Heath pnobtema, however, it iA my undetatandinq .that Cedars o6 Lebanon alAeady
has new empQ.o yens and equipments to take cane o j it, since they do Miami. Henatd
and Pepai Coca Botteina Co.
I am not going to bid because pn.o4eaa.conati a do not bid. ThiA uiaa very cteat on
the agenda oA Febivaty 18, with the eobbaina problem. It au explained by the
City ManageA very clean.
Second oA att, I am not go.inq to bid becau.ae thi.a waa, they Witt have to say to
the votene; we nave a chance to a m.inoti ty. ThiA iz not a chance, thiz Z6 deAi i-
tety a monopoly of big .induatti.ea.
Enetoaed 4ind the papets that you nave me. Vou are very kind and I wish you a tot
oA aucceas. you have to do whatever you have to do.
In every bid they ate 6upoaed to have a 17% oA women, a 17% o6 tati.na and a 17% oA
btaciza .
I wonder .in how many ptojeeta oA the City o6 Miami they have a.iven a chance at thiA
hate, to the three di66enent ethnic groups, Aonaetti.nq the semi..nota that ate the neat
ameJci.cana .
S.i,ncene.ty young,
F.L. ROSELLO V.
F LR/tma
cc: Wiaxn i. Commi aeioneu
City o 6 Miami Attorney
City Manager
2
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