HomeMy WebLinkAboutR-2011-103 Agreement with Mid America Regional Council for Professional Administrative Services Resolution No. 2011-103
A RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR TO ENTER INTO AN
AGREEMENT BY AND BETWEEN THE CITY OF RIVERSIDE, MISSOURI AND MID AMERICA
REGIONAL COUNCIL FOR PROFESSIONAL ADMINISTRATIVE SERVICES IN AN AMOUNT
NOT TO EXCEED 378,000
WHEREAS, the City of Riverside, Missouri (the "City") evaluated proposals from
consultants to provide services related to grant application drafting and administration in
connection with the Project Caps economic development project within the City; and
WHEREAS, Mid-America Regional Council has been found to be highly qualified to provide
such services as an independent contractor; and
WHEREAS, the Board of Aldermen have determined it is in the best interest of the City to
enter into an agreement with Mid-America Regional Council in substantially the same form as
attached hereto as Exhibit A;
NOW, THEREFORE, BE IT RESOLVED, by the Board of Aldermen of the City of Riverside,
Missouri, as follows:
THAT the Agreement between the City and Mid-America Regional Council in substantially
the same form attached hereto as Exhibit A, is hereby approved, ratified and confirmed together
with consideration for the administrative services performed by Mid-America Regional Council in
the amount not to exceed Eighteen Thousand Dollars ($18,000.00).
FURTHER THAT the execution and delivery of the Agreement by the City Administrator is
approved, and the City Administrator and city staff are authorized to take such other actions
reasonably necessary to carry out the intent of the Agreement on behalf of the City, the execution
of the Agreement being conclusive evidence of such approval.
PASSED AND ADOPTED by the Board of Aldermen and APPROVED by the Mayor of the
City of Riverside, Missouri, the 6� day of December, 2011.
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Mayor Kathleen L. Rose
ATTEST:
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Robin Littrell, City Clerk
Approv as to Form:
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y om on, City Attorney
AGREEMENT BETWEEN OWNER & CONSULTANT
FOR PROFESSIONAL ADNII1�iISTRATIVE SERVICES
Economic Development Project — Premium Waters, Inc.
This is an ageement made as of December 6, 2011, between Citv of Riverside (owner) and
Mid-America Regional Council (consultant). The owner intends to perform a community
development project, and the owner and consultant in consideration of their mutual covenants
herein agree in respect of the performance of professional adnuivstrative services by consultant
and the payment for those services by owner as set forth below. Consultant shall provide
professional grant writing, professional administradve services for owner in all phases of the
project to wluch this agreement applies, serve as the owner's representative for the project as set
forth below, and shall provide pmfessional consultation of services hereunder.
Section 1— Basic Services for Consultant
11 The consultant shall perform professional grant writing services, which includes the writing
of the owner's Community Development Block Grant program application. Fees associated
with this service are the sole responsibility of the Owner and are not eligible for CDBG
payment of reimbursement.
1.2 The consultant shall perform professional administrative services as hereinafter stated,
which include the administration of the owner's Community Development Block Grant
Program, should the grant be awarded. The specific services of the consultant are indicated
in E�chibit A, "Scope of Services."
Section 2 — Owner's Responsibilities
The owner shall:
2.1 Provide all criteria and full information as to owner's requirements for the pmject, and
furnish copies of a11 documents related to the pmject.
2.2 Assist consultant by placing at lus disposal all available information pertinent to the project,
including previous reports and any other data relative to the project.
2.3 Give prompt written no6ce to consultant whenever owner observes or otherwise becomes
aware of any development that affects the scope of timing of the consultanYs services.
2.4 Beaz a(1 costs incidental to compliance with the requirements of Section 2.
Section 3— Period of Service
3.l The provisions of this Secrion 3 and the rates of compensation for the consultant's services
provided for elsewhere in this Agreement have been ageed to in anticipation of the orderly
and continuous pmgress of the project through completion.
3.2 The coniractor agrees to complete the project by the ending date identified in the owner's
"Grant AgreemenY' with the Missouri Department of Economic Development for the
CommuniTy Development Block Grant Program from which part of the project has been
financed.
3.3 If the owner has requested significant modifications or changes in the e�ctent of the project,
the time of performance of consultanY s services and his rates of compensation sha(1 be
adjusted appropriately.
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Section 4— Payments to Consultant
4.1 There shall be no payment due from the owner to the consultant for the performance of grant
writing services performed under this agreement.
4.2 The maa�mum amount the owner shall pay the consultant for professional administrative
services performed under tlus agreement shall not exceed $18,000.00. Compensation will
be based on a fixed fee basis documented in a manner acceptable by the owner. Full
payment of the fees associated with Section 4.2, agreed to by the Owner and Consultant by
and through this agreement shall be contingent upon CDBG funding. In the event that grant
funds are not awazded to Owner by the CDBG program, this agreement shall be termivated
by Owner.
43 Consultant shall submit bi-monthly statements for services and expenses incurred at the time
of billing. Owner shall make prompt payments in response to consultanY s bi-monthly
statements.
Section 5 — General Considerstions
5.1 The obligation to provide furkher services under tlus Agreement may be ternunated by either
party upon ten days written notice in the event of substantial failure by the other party to
perform in accordance with the terms hereof through no fault of the terminating party.
5.2 The consultant shall comply with all applicable rules, regulations, laws, and requirements in
relation to the Community Development Block Grant Program as distributed by the
Missouri Department of Economic Development.
53 The owner and consultant each binds himself and his pariners, successors, executors,
adwinistrators, assigns, and legal representarives to the other party to this Agreement and to
the partners, successors, executors, administrators, assigns, and legat representatives of such
other party, in respect to all covenants, agreements, and obligations to ttus agreement.
5.4 Neither owner nor consultant shall assign, sublet, or transfer any rights under or interest in
(including, but without limitation, monies that may become due or monies that are due) this
Agreement without the written consent of the other, except as stated in pazagraph 53 and
except to the extent that the effect of this limitation may be restricted by law. Unless
specifically stated to the contrary in any written consent to or assignment, no assigunent
will release or discharge the assignor from any duty or responsibility under this Agreement.
Nothing contained in this pazagraph sha11 prevent consultant from employing such
independent consultants, associates, and subcontractors as he may deem appropriate to assist
him in the performance of service hereunder.
Section 6— Special Provisions and Eahibits
61 The following e�chibits aze attached to and made a part of this Agreement.
6.1.1 Eachibit A, "Scope of Services," consisting of one page.
61.2 Part II, "Terms and Conditions," consisting of five pages.
6.2 This Agreement (consisting of pages 1 to 9, inclusive), together with the eachibits identified
above, constitute the entire agreement between the owner and consultant and supersede all
prior written or oral understandings. This agreement and said exhibits may only be
amended, supplemented, modified, or canceled by a duly executed written instrument.
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In witness whereof, the parties hereto have made and executed this Agreement as of the day and
yeaz first above written.
Owner: /,�� ) Consultant: � �
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Note: ch Secrion 3 provisions to Administrative Contract.
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PROFESSIONAL SERVICES AGREEMENT (CONTINUED)
EXHIBIT A— SCOPE OF SERVICE
The consultant shall complete, in a professional and timely manner, the following services relative to the owner's
Community Development Block Grant Progtam. Such actions shall be performed in a manner prescribed by the
Missouri Depar[ment of Economic Development.
1. Financial Management (accounting, file maintenance, cost documentation, Part 85/A-87
conformance, RFF preparation, check writing, bank statement reconciliation, and related
matters)
2. Environmental Review — including comple6on of the entire Environmental Review Record
and designation as Environmental Review Officer. Publications and related costs shall be the
responsibility of the Owner.
3. Labor Standards Compliance — including review of weekly payrolls, wage rates requests for
bidders, and employee interviews.
4. Civil Rights Compliance — including fair housing activi6es and analysis of ixnpediments
activities.
5. Public Participation Requirements (owner to pay for public notices).
6. Prepazation of contract documents, except for engineering/construcUon specifications, bids
and construction agreements.
7. Preparation of procurement documents for professional and constxuction contracts and a
recommendation of successful proposals or bids.
8. Completion of close-out forms and required performance reports.
9. Prepazation of guidelines, procedures, and forms for private inveshnent activiries including
employment documentafion.
10. Preparation of guidelines, procedures, and forms for relocation activities, and administration
of relocation procedures pursuant to the "Uniform Act" if required by the project.
I 1. Administer procedures required by the "Uniform AcY' in relation to the acquisition of
property, with the exceprion of any task which requires an attorney.
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PROFESSIONAL SERVICES AGREEMENT (CONTINUED)
CONTRACT FOR PROFESSIONAL SERVICES ADDTTIONAL TERMS
AND CONDITIONS
1. Termination of Contract for Cause. If, through any cause, the Consultant shall fail to fulfill
in a timely and proper manner his obligarions under this Contract, or if the Consultant shall
violate any of the covenants, agreements, or sdpulations of this Contract, the City sha11
thereupon have the right to terminate ttris contract by giving written notice to the Consultant
of such tennivation and specifying the effective date thereof, at least five days before the
effective date of such termination. In such event, a11 finished or unfivished documents, data,
studies, surveys, drawings, maps, models, photographs, and reports prepared by the
Consultant under this Contract shall, at the option of the City, become its properry and the
Consultant shall be entitled to receive just and equitable compensarion for any work
satisfactorily completed hereunder.
Notwithstauding the above, the Consultant shall not be relieved of liability to the City for
damages sustained by the City by virtue of any breach of the Contract by the Consultant,
and the City may withhold any payments to the Consultant for the purpose of set-off until
such time as the exact amount of damages due the City from the Consultant is
deternvned.
2. Tennination for Convenience of the Citv. T'he City may terminate this Contract at any time
by giving at least ten (10) days notice in writing to the Consultant. If the Contract is
terminated by the City as provided herein, the Consultant will be paid for the time pmvided
and expenses incurred up to the termination date. If this Contract is terminated due to the
fault of the Consultant, Paragraph 1 hereof relaUve to tenxunation sha11 apply.
3. Chanees. The City may, from time to time, request changes in the scope of the services of
the Consultant to be performed hereunder. Such changes, including any increase or decrease
in the amount of the ConsultanYs compensarion, which are mutualiy agreed upon by and
between the City and the Consultant, shall be incorporated in written amendments to this
Contract.
4. Personnel.
a. The Consultant represents that he has, or will secure at lus own expense, all personnel
required in performing the services under this Contract. Such personnel shall not be
employees of or have any contractual relationship with the City.
b. All of the services required hereunder will be performed by the Consultant or under
his supervision and all personnel engaged in the work shall be fully qualified and
shall be authorized or permitted under State and Locallaw to perform such services.
c. None of the work or services covered by this Contract shall be subcontracted without
the prior written approval of the City. Any work or services subcontracted hereunder
shall be specified by written contract or agreement and shall be subject to each
provision of tlus Contract.
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5. Assienabilitv. The Consultant shall not assign any interest on tlus Contract, and shall not
transfer any interest in the same (whether by assignment or invitation), without the prior
written consent of the City thereto. Provided, however, that the claims for money by the
Consultant from the City under this Contract may be assigned to a bank, hvst company, or
other financial institution without such approval. Written notice of any such assignment or
transfer shall be furnished prompdy to the City.
6. Reports and Information. The Consultant, at such times and in such forms as the City may
require, shall fiunish the City such periodic reports as it may request pertaiivng to the work
or services undertaken pursuant to this Contract, the costs and obligarions incurred or to be
incurred in connection therewith, and any other matters covered by this Contract.
7. Records and Audits. The Consultant shall maintain accounts and records, including
personnel, property, and financial records, adequate to identify and account for a11 costs
pertaining to the Contract and such other records as may be deemed necessary by the City to
assure proper accounting for all project funds, both Federal and non-Federal shares. These
records will be made available for audit purposes to the City or any authorized
representative, and will be retained for three years after the expiration of this Contract unless
permission to destroy them is granted by the City.
8. Findines Confidential. All of the reports, information, date, etc. prepared or assembled by
the Consultant under this Contract are confidential and the Consultant agrees that they sha11
not be made available to any individual or organizarion without the prior written approval of
the City.
9. Co ' t. No report, maps, or other documents produced in whole or in part under this
Contract shall be the subject of an appiication for copyright by or on behalf of the
Consultant.
10. Compliance with Local Laws. The Consultant shall comply with all applicable laws,
ordinances, and codes of the State and local governments, and the Consultant sha11 save the
City harmless with respect to any daznages arising from any tort done in performing any of
the work embraced by this Contract.
11. Enual Emplovment Opportunitv. During the performance of ttris Contract, the Consultant
agrees as follows:
a. The Consultant will not discriminate against any employee or applicant for
employment because of race, creed, color, national origin, religion, or sex. The
Consultant will take affirmative action to ensure that applicants aze employed, and
that employees aze treated during employment, without regazd to their race, creed,
color, na$onal origin, religion, or sex. Such action shall include, but not be limited
to, employment, upgrading, demotion, or transfer; recnutment or recnuhnent
advertising; layoff or terminarion; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The Consultant agrees to post in
conspicuous places, available to employees and applicants for employment, notices to
be provided by the City setting forth the provisions of this non-discrimination clause.
b. The Consultant will, in all solicitation or advertisements for employees placed by or
on behalf of the Consultant, state that ali qualified applicants will receive
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consideration for employment without regazd to race, creed, color, national origin,
religion, or sex.
c. The Consultant will cause the foregoing provisions to be inserted in all subcontracts
for any work covered by tlris Conh�act so that provisions will be binding upon each
subconh�actor, pmvided that the foregoing provisions shall not apply to contracts or
subcontracts for standazd commercial supplies or raw materials.
d. The Consu(tant will comply with a11 provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary
of Labor.
e. The Consultant will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by the rules, regulations, and orders of the
Secretary of Labor, or pursuant thereto, and will permit access to his books, records,
and accounts by the City and the Secretary of Labor for purposes of investigarion to
ascertain compliance with such rules, reguladons, and orders.
f. In the event of the Consultant's noncompiiance with the non-discrimination clauses
of this Agreement or with any of such rules, regulations, or orders, this Agreement
may be canceled, terminated, or suspended in whole or in part, and the Consultant
may be declazed ineligible for further Government contracts in accordance with
procedures authorized in Execufive Order 11246 of September 24, 1965, and such
other sanctions may be imposed and remedies invoked as provided in Executive
Order 11246 of September 24, 1965, or by ntle, regulation, or order of the Secretary
of Labor, or as otherwise provided by law.
g. The Consultant will include the provisions of paragraphs (a) through (g) in every
subcontract or purchase order unless exempted by rules, regulations, or orders of the
Secretary of Labor issued pursuant to Section 204, Executive Order 11246 of
September 24, 1965, so that such provisions will be binding upon each subcontractor
or vendor. The Consultant will take such acUon with respect to any subconlract or
purchase order as the City may direct as a means of enforcing such provisions
including sanc6ons for noncompliance. Provided, however, that in the event the
Consultant becomes involved in, or is threatened with, lirigation with a subcontractor
or vendor as a result of such direction by the City, the Consultant may request the
United States Government to enter into such litigation to protect the interests of the
United States.
12. Civil Rights Act of 1964. Under Tifle VI of the Civil Rights Act of 1964, no person sha11, on
the grounds of race, color, or national origin, be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under any program or acfivity receiving Federal
fmancial assistance.
13. Section 109(a) of the Housin� and Communi Development Act of 1974. No person in the
United States sha11 on the grounds of race, color, national origin, religion, or sex be excluded
from participation in, be denied the benefits of, or be subjected to discrimination under any
program or activity funded in whole or in part with funds made available under this title.
Any prolubition against discrimination on the basis of age under the Age Discrimination Act
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of 1975, or with respect to an otherwise qualified handicapped individual as provided in
Section 504 of the Rehabilitation Act of 1973, shall also apply to any such program or
activity.
14. "Section 3" Compliance in the Provision of Training, Employxnent, and Business
Onnortunities
a. The work to be perFormed under this contract is subject to the requirements of Section
3 of the Aousing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u.
Section 3 requires that to the greatest extent feasible, oppommities for training and
employment be given to lower income residents of the project area and contracts for
work, in connection with the project, be awazded to business concerns which aze
located in, or owned in substantial part by, persons residing in the area of the project.
15. Section 503 of the Rehabilitation Act of 1973 as amended, provides for the
nondiscrim;nation in contractor employxnent. All recipients of Federal fixnds must certify to
the following through all contracts issued.
AfTirmative Action for Handicapped Workers
a. The consultant will not discriminate against any employee or applicant for
employment because of physical or mental handicap in regazd to any position for
which the employee or applicant for employment is qualified. The consultant agrees
to take affirmative action to employ, advance in employment, and to otherwise treat
qualified handicapped individuals without discrimination based upon their physical or
mental handicap in all employment practices, such as employment upgrading,
demotion or transfer, recnuhnent, advertising, layoff or tennination, rates of pay or
other forms of compensation, and selection for training including apprenticeslup.
b. The consultant agrees to comply with the rules, regulations, and relevant orders of the
Secretary of Labor issued pursuant to the Act.
c. In the event of the consultanY s noncompliance with the requirements of this clause,
actions for noncompliance may be taken in accordance with the rules, regulations,
and relevant orders of the Secretary of Labor issued pursuant to the Act.
d. The consultant agrees to post in conspicuous places, available to employees and
applicants for employment, notices in a form to be prescribed by the D'uector,
provided by or through the contracting officer. Such notices shall state the
consultanY s obligation under the law to take affirmative action to employ and
advance in employment qualified handicapped employees and applicants for
employment, and the rights of the applicants and employees.
e. The consultant will notify each labor union or representarive of workers, if applicable,
with which it has a collective bargaining agreement or other contract understanding
that the contractor is bound by terms of Section 503 of the Rehabilitation Act of 1973
and is committed to take affirmative acrion to employ and advance in employment
physically and mentally handicapped individuals.
f. The consultant will include the provisions of this clause in every subcontract, if
applicable, or purchase order of $2,500 or more unless exempted by rules,
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regulations, or orders of the Secretary issued pursuant to Section 503 of the Act, so
that such provisions will be binding upon each subconiractor or vendor. The
consultant will take such action with respect to any subcontractor or pwchase order as
the D'uector of the Office of Federal Contract Compliance Programs may direct to
enforce such provisions, including action for noncompliance.
16. Section 504 of the Rehabilitation Act of 1973, as amended, provides for nondiscrimination of
an otherwise qualified individual solely on the basis of lus handicap in benefiting from any
program or activity receiving Federal financial assistance. All recipients must certify to
compliance with all provisions of this Secrion.
17. A�e Discriminarion Act of 1975. No person in the United States, on the basis of age, sha11 be
excluded from participation in, be denied benefits of, or be subjected to discrimination under,
any program or activity receiving Federal financial assistance.
18. Interest of Members of a Citv. No member of the governing body of the City and no other
officer, employee, or agent of the City, who exercises any fixnctions or responsibilities in
connection with the planning and carrying out of the program, shall have any personal
fmancial interest, direct or indirect, in this Contract, and the Consultant shall take appropriate
steps to assure compliance.
19. Interest of Other Local Public Officials. No member of the governing body of the locality
and no other public official of such locality, who exercises any functions or responsibilities
in connection with the plamiing and cazrying out of the program, shall have any personal
fmancial interest, direct or indirect, in this Contract, and the Consultant shall take appropriate
steps to assure compliance.
20. Interest of Consultant and Emplovees. The Consultant covenants that he presently has no
interest and shall not acquire interest, direct or indirect, in the study azea or any parcels
therein or any other interest wluch would conflict in any manner or degree with the
performance of his services hereunder. The Consultant further covenants that in the
performance of this Conh�act, no person having any such interest sha11 be employed.
21. Americans with Disabilides Act. The Consultant sha11 comply with applicable provisions of
the Americans with Disabilifies Act of 1991. In particular, Consultant shall assist the Owner
in compliance by including appropriate language in ali public documents and reports
notifying persons with disabilities of ConsultanYs policy of providing accommodations (i.e.
interpreter, lazge print reader, hearing assistance) to persons who need such assistance to
participate in the project.
22. Prolubition aQainst Substance Abuse. The Consultant shall provide the Owner with a copy of
its drug-free workplace policy statement upon request.
23. Governing Law. This Agreement shall be interpreted under and governed by the laws of the
State of Missouri. Whenever there is no applicable state statute or decisional precedent
governing the interpretation of the Agreement, then federal common law shall govern.
24. Notices. Any action taken by Consultant under this Agreement may be taken by David A.
Wann, Executive D'uector, or such other person as Consultant may designate for such
purpose by written notice to the Owner. All compensation and written notices shall be
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considered to be properly given if mailed, delivered in person or transmitted by facsimile
machine to:
David A. Wazm
ExecuUve Director
Mid-America Regional Council
600 Broadway, Suite 300
Kansas City, Missouri 64105
Kathleen Rose
Mayor
City of Riverside
2950 NW Vivion Road
Riverside, MO 64150
]o
STATE OF MISSOURI ) )ss
COL7NTY OF )
AFFIDAVIT
(as required by Section 285.530, Revised Statues of Missouri)
As used in this Affidavit, the following terms shall have the following meanings:
EMPLOYEE: Any person perforrning work or service of any kind for hire within the State of
Missouri.
FEDERAL WORK AUTHORIZATION PROGRAM: Any of the electronic verification of work
authori7ation programs operated by the United States Department of Homeland Security or an
equivalent federal work authorization program operated by the United States Department of
Homeland Security to verify information of newly hired employees, under the Immigration Reform
and Control Act of 1986 (IRCA), P.L. 99-603.
KNOWINGLY: A person acts knowingly or with knowledge,
(a) with respect to the person's conduct or to attendant circumstances when the person is aware
of the nature of the person's conduct or that those circumstances exist; or
(b) with respect to a result of the person's conduct when the person is aware that the person's
conduct is practically certain to cause that result.
iJNAUTHORIZED ALIEN: An alien who does not have the legal right or authorization under
federal law to work in the United States, as defined in 8 U.S.C. 1324a(h)(3).
BEFORE ME, the undersigned authority, personally appeared Molly McGovern, who, being duly
sworn, states on his oath or affirmation as follows:
My name is David Warm and I am currently the ExecuUve Director of Mid-America Re�ional
Council (MARC) (hereinafter "Contractor"), whose business address is 600 Broadwav. Suite
200. Kansas City. MO 64105 "and I am authorized to make this Affidavit.
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2. I am of sound mind and capable of making this Affidavit and am personally acquainted with the
facts stated herein.
3. Contractor is enrolled in and participates in a federal work authorization program with respect to the
employees working in connection with the following services contracted between Contractor and
4. Contractor does not knowingly employ any person who is an unauthorized alien in connection with the
conhacted services set forth above.
5. Attached hereto is documentation affirming Contractor's enrollment and participation in a federal work
authorization pro�ram with respect to the employees working in connection with the contracted
services.
Furt �, Affiant a eth n �.
ti �
Affiant
Subscribed and sworn to before me this 5 day of'DecEmr� , 2011.
NANCY WEITZEL-BURRY
Notary Public, NoTary Seal
S1aTe of Mlssouri
Jackson County
Commission N 09414121
My Commisslon Expires July 28, 2013
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