Florida Grand Opera, Inc.CITY•OF 1wIIAMI BEACH CULTURAL ARTS COUNCIL
Shannon Faison
From: Heaton, Mary [MaryHeaton@miamibeachfl.gov)
Sent: Tuesday, September 30, 2008 10:25 AM
To: Shannon Faison
Subject: CAC 08/09 Grant Agreement
Page 1 of 10
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City of Miami Beach Cultural Affairs Program and Cultural Arts Council
Fiscal Year 2008/09 Cultural Affairs Grant Agreement
This Grant Agreement is entered into this --~- day of ,__, 2008, between the City of
Miami Beach, Florida (the City), and (Grantee).
Article 1 /Grant Description
1. Grantee:
Grant Contact:
Address:
City, State, Zip:
Phone, fax, a-mail
2. Grant amount:
Report.
3. Project description:
4. Itemized budget:
5. Contract deadline:
Florida Grand Opera, Inc.
Shannon Faison
8390 N.W. 25th Street
Miami, Florida 33122
954-783-5484, 954-728-9702, sfaison ,~fgo.org
S 17,800.00 50% paid upon execution of this Agreement. Remaining 50%
paid upon completion of Project and submission and approval of Final
See Exhibit 1, attached hereto
See Exhibits 2-A Project Budget and 2-B Grant Budget, attached hereto
October 27, 2008
6. Expenditure deadline: September 30, 2009_
7. Project completion date: ~~ 31 ~ Z~ ,
8. Final Report deadline: Must be postmarked or delivered no later than 45 days after Project
completion date. ./~~
IN WITNESS WHEREOF, the parties hereto have executed this Agreement this ~ day of C%'~'-~, 2008.
Matti H. Bower, Mayor
Attest:
Robert Parcher, City Clerk
(Grantee's Corporate Seal Here)
APPROVED AS TO
FORM & LANGUAGE
,& FOR EXECUTION
d rd ~r
at
9/30/2008
described in the Project Description, attached hereto as Exhibit No. 1. All expend~ures wll be subject to the
terms of this Agreement, and as specified in the itemized Grant Award Budget, attached hereto as Exhibit 2-
B. Line item changes to said Budget shall not exceed ten percent (10%) per category, so long as said
expenditures do not exceed the total amount of Grant funds. Notwithstanding the preceding sentence,
amendments to the itemized Grant Award Budget in Exhibit 2-B shall not be permitted without the prior
written consent of the Cultural Affairs Program Manager or his Designee. Said requests shall be made in
9!30/2008
Article 11 /General Conditions
1. Parties: The parties to this Agreement are the Grantee listed in Article I, and the City of Miami Beach, a
municipal corporation organized under the laws of the State of Florida (City). The City has delegated the
responsibility of administering this Grant to the Cites Cultural Affairs Program Manager or his Designee.
2. Project Description: The Grantee may only use the Grant for the purposes that are specifically described
in the Project Description, attached hereto as Exhibit No. 1. All expenditures will be subject to the terms of this
Agreement, and as specified in the itemized Grant Award Budget, attached hereto as Exhibit 2-B. Line item
changes to said Budget shall not exceed ten percent (10%) per category, so long as said expenditures do not
exceed the total amount of Grant funds. Notwithstanding the preceding sentence, amendments to the itemized
Grant Award Budget in Exhibit 2-B shall not be permitted without the prior written consent of the Cultural Affairs
Program Manager or his Designee. Said requests shall be made in advance, in writing, detailing and justifying
the need for such changes.
3. Reports: This Grant has been awarded with the understanding that the described Project will enhance
and develop the City's cultural community. To demonstrate that the Grant is fulfilling, or has fulfilled, its purpose,
the Grantee must supply the Cultural Affairs Program Manager or his Designee with a written final report
documenting that the Grantee has fulfilled all requirements. This report is to be received by the Cultural Affairs
Program Manager or his Designee within 45 days of the Project's completion date. Grantees completing their
Project by Fiscal Year End, September 30, 2009, must submit their final reports no later than November 15,
2009.
4. Amount of Grant and Payment Schedule: The total amount of the Grant is specifies in Article I-2 (subject
to the restrictions in Article I-2). By making this Grant, the City assumes no obligation to provide financial
support of any type whatever in excess of the total Grant amount. Cost overruns are the sole responsibility of the
Grantee. The Grant funds will be supplied to the Grantee subsequent to the Mayor and City Commission's
approval of the award, and execution of this Agreement by the parties hereto.
5. Program Monitoring and Evaluation: The Cultural Affairs Program Manager or his Designee may monitor
and conduct an evaluation of operations and the Project under this Grant, which may include visits by City
representatives to observe the Project or Grantee's programs, procedures, and operations, or to discuss the
Grantee's programs with the Grantee's personnel.
6. Bank Accounts and Bonding: Monies received pursuant to this Agreement shall be kept in accounts in
established Miami-Dade County banks or savings and loan associations whose identities shall be disclosed in
writing to the Cultural Affairs Program Manager or his Designee with the identity and title of individuals
authorized to withdraw or write checks on Grant funds.
7. Accounting and Financial Review: The Grantee must keep accurate and complete books and records of
ail receipts and expenditures of Grant funds, in conformance with reasonable acxrounting standards. These
books and records, as well as all documents pertaining to payments received and made in conjunction with this
Grant, such as vouchers, bills, invoices, receipts and canceled checks, shall be retained in Miami-Dade County
in a secure place and in an orderly fashion by the Grantee for at least two (2) years after the Expenditure
Deadline specified in Article 1-5. These books, records, and documents may be examined bythe Cultural Affairs
Program Manager or his Designee or his Designee at the Grantee's offices during regular business hours and
upon reasonable notice. Furthermore, the Cultural Affairs Program Manager or his Designee may, at the City's
expense, audit or have audited, upon reasonable notice, all the financial records of the Grantee, whether or not
purported to be related to this Grant.
8. Publicifir and Credits: The Grantee must include the City of Miami Beach logo and the following
credit line in all publications related to this Grant: City of Miami Beach, Cultural Affairs Program, Cultural
Arts Council. Failure to do so may preclude future grant funding from the City in the same manner as if
Grantee defaulted under this Agreement, pursuant to Article II-12.
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9. Liability and Indemnification: The Grantee shall indemnify and hold harmless the City and its officers,
employees, agents and instruments from any and all liability, losses or damages, including attorneys' fees and
costs of defense, which the City or its officers, employees, agents and instrumentalities may incur as a result of
claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to, or
resulting from the performance if this Agreement by the Grantee or its employees, agents, servants, partners,
principals or subcontractors. Grantee shall pay all claims and losses in connection therewith and shall
investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where applicable,
including appellate proceedings, and shall pay all cos#s, judgments, and attorneys' fees which may issue
thereon. Grantee expressly understands and agrees that any insurance protection required by this Agreement,
or otherwise provided, shall in no way limit the responsibility to indemnify, keep and save harmless and defined
the City or its officers, employees, agents and instrumentalities as herein provided.
If the Grantee is a government entity, this indemnification shall only be to the extent and within the
limitations of Section 768.28 Florida Statute, subject to the provisions of that Statute whereby the Grantee enfrty
shall not be held liable to pay a personal injury or property damage claim or judgment by any one person which
exceeds the sum of $100,000, or any claim or judgment or portions thereof, which, when totaled with ail other
claims or judgments paid by the government entity arising out of the same incident or occurrence, exceed the
sum of $200,000 from any and all personal injury or property damage claims, iiabil"ities, losses or causes of
action which may arise as a result of the negligence of the Grantee entity.
10. Assignment: The Grantee is not permitted to assign this Grant, and any purported assignment will be
void, and shall be treated as an event of default pursuant to Article I1-12.
11. Compliance with Laws: The Grantee agrees to abide by and be governed by all applicable Federal,
State, County and City laws, including but not limited to Miami-Dade County's Conflict of Interest and Code of
Ethics Ordinance, as amended, which is incorporated herein by reference as if fully set forth herein, and Chapter
2, Article VH of the Miami Beach City Code, as amended, which is incorporated herein by reference as if fully set
forth herein.
12. Default/Terrnination Provisions: In the event the Grantee shall fail to materially conform with any of the
provisions of this Agreement, the Cultural Affairs Program Manager or his Designee may terminate this
Agreement and withhold or cancel all or any unpaid installments of the Grant upon giving five (5) calendar days
written notice to the Grantee, and the City shall have no further obligation to the Grantee under this Agreement.
Further, in the event of termination, the Grantee shall be required to immediately repay to the City all portions of
the Grant which have been received by the Grantee, as of the date that the written demand is received.
In the event that this Grant is terminated and the Grantee is requested to repay all or a portion of the
Grant funds because of a breach of this Agreement, the following terms will apply:
a. For First-time violations -Grantee shall be required to submit a final report with documentation of
expenditure of all grant awards already received (first half) prior to the termination date. If such report is not
approved by the Cultural Affairs Program Manager or his Designee, at his sole discretion, Grantee shall be
required to immediately return all grant funds received in full to the City of Miami Beach. Grantee will not
receive remainder of this Grant award.
Additionally, Grantee will be ineligible to apply and/or receive a grant in the subsequent City fiscal
year. However, Grantee will be allowed to apply for future fiscal year's grants programs.
b. For more than First-time violations -Any future compliance infractions by Grantee will be
considered by the City, through its Cultural Affairs Program Manager or his Designee, on a case-by-case
basis. As part of his consideration, the Cultural Affairs Program Manager or his Designee shall obtain the
recommendation of the Cultural Arts Council, but the final decision as to whether Grantee may be allowed to
apply for future grants shall remain within the sole discretion of the City.
Any uncommitted Grant funds which remain in the possession or under the control of the Grantee as of
the date of the Expenditure Deadline specified in Article 1-5 must be returned to the City within fifteen (15) days
after the Expenditure Deadline; if such funds have been committed but not expended, the Grantee must request
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in writing from the Cultural Affairs Program Manager or his Designee an extension of the Expenditure Deadline
which, if approved, shaA be for a period not to exceed one (1) year.
Grant funds which are to be repaid to the City pursuant to this Section are to be repaid upon demand by
delivering to the Cultural Affairs Program Manager or his Designee a cert~ed check for the total amount due,
payable to the City of Miami Beach, Florida.
These provisions do not waive or preclude the City from pursuing any other remedies that may be
available to it under the law.
13. Indulgence Will Not be Waiver of Breach: The indulgence of either party with regard to any breach or
failure to perform any provision of this Agreement shall not be deemed to constitute a waiver of the provision or
any portion of this Agreement either at the time of the breach of failure occurs or at any time throughout the term
of this Agreement.
14. Written Notices: Any written notices required under this Agreement will be effective when delivered in
person or upon the receipt of a certified letter addressed to the Grantee at the address speafied in Article I-1 of
this Agreement, and to the City when addressed as follows: Gary Farmer, Guttural Affairs Program Manager,
City of Miami Beach Dept. of Tourism and Guttural Development, 1700 Convention Center Drive, Miami Beach,
Florida 33139-1819.
15. Captions Used in this Agreement: Captions, as used in this Agreement, are for convenience of
reference only and should not be deemed or construed as in any way limiting or extending the language or
provisions to which such captions may refer.
16. Contract Represents Total Agreement: This contract, including its special conditions and exhibits,
represents the whole and total agreement of the parties. No representations, except those contained within this
agreement and its attachments, are to be considered in construing its terms. No modfications or amendments
may be made to this Agreement unless made in writing signed by both parties, and approved by appropriate
action by the Mayor and City Commission.
Article 111 /Miscellaneous Provisions
17. The Grant awarded herein is the result of an extensive public review process, which found that the
Grantee is performing a public purpose through the programs, projects, and services recommended for support.
As such, use of these funds for any program component not meeting this condition will be considered a breach
of the terms of this Agreement and will allow the Gity to seek remedies including but not limited to those outlined
in this Grant Agreement.
18. The Grantee also accepts and agrees to comply with the following Special Conditions:
The Grantee hereby agrees that it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C.
20004 et seq.) prohibiting discrimination on the basis of race, color, national origin, handicap, or sex.
The Grantee hereby agrees that it will comply with City of Miami Beach Ordinance No. 92-2824, as
amended from time to time, prohibiting discrimination in employmen#, housing and public accommodations on
account of race, color, national origin, religion, sex, sexual orientation, handicap, marital status, or age.
The City endorses the clear mandate of the Americans with Disabilities Act of 1990 (ADA) to remove
barriers, which prevents qualified individuals with disabilities from enjoying the same employment opportunities
that are available to persons without disabilities.
The City also endorses the mandate of the Rehabilitation Act of 1973 and Section 504 and prohibits
discrimination on the basis of disability and requires that Grant recipients provide equal access and equal
opportunity and services without discrimination on the basis of any disability.
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19. GOVERNING LAW AND EXCLUSIVE VENUE
This Agreement shall be governed by, and construed in accordance with, the laws of the State of
Florida, both substantive and remedial, without regard to principles of conflict of laws. The exclusive venue for
any litigation arising out of this Agreement shall be Miami-Dade County, Florida, if in state court, and the U.S.
District Court, Southern District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT,
Grantor AND Grantee EXPRESSLY WAIVE ANY RIGHTS
EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING
OUT OF, THIS AGREEMENT.
-The remainder of this page is left intentionally blank-
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Exhibit 1 /Revised Project Description
Organization: Florida Grand Opera, Inc.
Completely describe Project approved by the Grants Panel and in a separate narrative detail all revisions to
the Project based upon the City Commission approved awarri. Please be as specific as possible; name of
event, specific dates, venues, times, artists, etc. Use extra page if necessary.
Project description as approved by Grants Panel:
Through the "Bringing Opera to the Beach!" project, Florida Grand Opera (FGO) will make opera
accessible and enticing by presenting quality artistic and educational programming to the diverse
residents and visitors of Miami Beach. The comprehensive project is comprised of three (3) Miami
Beach programs:
1) Young Artist Art Song Series at Miami Beach Community Church - at least 3 performances
2) Young Artist Concert at the Wolfsonian -Florida International University, and
3) Young Artist Showcase at venue TBD
All of the programs included in the 2008-09 "Bringing Opera to the Beach!" project will feature
members of FGO's renowned Young Artist Studio. Begun in 1984, FGO's Young Artist Studio is one
of the leading operatic training programs in the nation. The Studio is designed to provide the skills and
experiences needed by young singers to move from their studies at universities and music
conservatories into successful careers in professional opera. The primary objective of FGO's Young
Artist Studio is to provide its members with extensive performance opportunities through which
invaluable stage experience is gained. Each season, more than seven hundred (700) applicants
audition for only eight (8) coveted openings in the program.
All eight (8) Young Artists have been contracted for next season's Studio and include:
Julia Ebner, soprano; Katrina Thurman, soprano; Karin Mushegain, mezzo-soprano; Amanda Crider,
mezzo-soprano; Michael-Paul Krubitzer, tenor; Sidney Outlaw, baritone; Carlos Monzon, bass-
baritone; and Ming Hay Kwong, Apprentice Coach.
In early-Spring 2009, Florida Grand Opera (FGO) will present its annual Young Artist Art Song
Series in Miami Beach. In years past, these recitals have taken place at Miami Beach religious
institutions, including, most recently, The Arts at St. Johns on Pine Tree Drive and Miami Beach
Community Church. For the upcoming season, FGO will return to the Miami Beach Community
Church to present at least 3 recitals of art song.
FGO's Young Artist Art Song Belies tours from November through April. By bringing the Series to
Miami Beach, hundreds of residents and visitors will be offered the opportunity to enjoy selection from
the all too rarely performed art song repertoire.
See Attached - Project descriation as approved by Grants Panel (continued)
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Project description as approved by Grants Panel tcontinued)
The uniqueness of the Young Artist Art Song Series continues to appeal to South
Florida's increasingly diverse community. Each recital features up to three (3) Young
Artists accompanied by an Apprentice Coach and is offered free of charge to the public.
Funding received through the City of Miami Beach for the Opera's "Bring Opera to
the Beach!" project will support at least three (3) Young Artist Art Song Recitals to
be held in Miami Beach.
The second program included in the comprehensive "Bringing Opera to the
Beach!" project will be the Young Artist Concert at the Wolfsonian -Florida
Intenwtional University. While the date for the 2008-09 Young Artist Concert at the
Wo/fsonian has not yet been determined, it is likely #hat the event will take place in late-
Winter 2008. This specially prepared program of music generally corresponds with
either a current FGO production or a Wotfsonian exhibit.
For the current 2007-08 "Bringing Opera to the Beach!," FGO hosted two (2) events
at the Wolfsonian, inGuding a Young Artist Concert, which featured music from German
composers (1920-1938) and corresponded with the Museum's exhibit, "Doing Violence
to Perception: John Heartfield and Political Photomontage,° and a Julius Caesar Film
Retrospective. The Julius Caesar Film Retrospective took place on April 10, 2008 and
was a component of the comprehensive 2008 Julius Caesar Festival: Go for Baroque, a
`festival of outreach events' designed to attract and engage new audiences to the FGO
performance of Handel's Julius Caesar
Finally, in May 2009, FGO will present its final Young Artist program of its 68"' Season,
the 7th Annual Young Artist Showcase at a venue in Miami Beach -yet to be
determined. The 2009 Young Artist Showcase will represent a departure from the
Company's traditional program of staged scenes, costumes and props. The event will,
instead, be a glorious GALA PERFORMANCE complete with a lavish musical program
comprising a unique blend of weH-loved, GRAND operas and less familiar masterworks.
The Company's Young Artist Showcase, an event that has gained considerable
popularity with members of local community, will represent the culmination of the Young
Artists' eight-month experience at FGO's Young Artist Studio. Following the
performance, two hundred (200) Miami Beach residents and visitors will be invited to
attend atropical-themed gala dinner held at a local Miami Beach establishment.
For many audience members, the Young Artist Showcase will be their first live
encounter with an opera performance. FGO has worked hard to differentiate between
this event and our mainstage performances. Casual dress is encouraged and ticket
prices are intentionally low to make this event both fun and affordable. Hosting the
Young Artist Showcase in an eclectic and inviting venue, such as the Lincoln Theatre,
has proven to be an effective and exciting method of introducing new audience members
to the art form and cultiva#ing their interest in opera.
The musical programs for all three (3) events comprising the "Bringing Opera to the
Beach!" project are new works that have never before been presented in Miami Beach.
Project description as revised (if applicable) based upon the City Commission approved award-
Changes to projects awarded under the Artistic Disciplines program must sti71 adhere to the rnquirement that the work
is new or has never before been presented in Miami Beach.
A number of 2008-09 "Bringing Opera to the Beach!" project performance dates, locations and musical
programs that, at the time of submission, were undetermined, have since been finalized.
The Young Artist Recital at the Wolfsonian -Florida International University will take place on March
12, 2009 at 7:00 p.m. and will feature a musical program of American songs and arias. The recital will
correspond with the Wolfsonian's exhibit, AMERICAN STREAMLINED DESIGN: THE WORLF OF
TOMORROW.
The Company will present one (1) Young Artist Art Song Recifa/ at Miami Beach Community
Church which will take place on November 9, 2008 at 3:00 p.m. The recital will feature Young Artists
Katrina Thurman, soprano, Amanda Crider, mezzo-soprano, and Ming Hay Kwong and Pedro Yanez
as piano accompanists.
Finally, the venue for the 7th Annual Young Artist Showcase, to take place on March 30, 2009 at
8:00 p.m. will be the Lincoln Theatre on Lincoln Road.
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Exhibit 2-A: Project Budget /Revised Total Project Budget
Name of organization: Florida Grand Opera, Inc.
Date(s) of Project: October 1, 2008 through May 31, 2009
Attach a copy ofi the total Project budget or list cash expenses and cash revenues
specifically identified with your program, project or events. Round off all numbers to the
nearest dollar.
EXPENSES
CASH IN-KIND
Personnel -artistic 59.843
Personnel -technical 550
Personnel -administration 20.990
Outside artistic fees/services
Outside other fees/services
Marketing/Publicity 10,000
Space rental 1.339
Travel 515
Utilities
Equipment rental 4.120
Office supplies 515
REVENUES
CASH !N-KIND
Admissions 10,000
Contracted services
Tuitions
Corporate support 10;000
Foundation support 25.000
Individual support 42.132
Government grants
Federal
State
insurance/Security
Other Costs: (Itemize below)
Postage 1,285
Music Purchase 3,090
Miscellaneous 1.185
Post-performance event 1,500 7,500
Other Contributions (Itemize below)
City of Miami Beach Grant Award 17,800.00
Total cash expenses 104.932
Total in-kind expenses 7,500
Totat project expenses 112,432
CASH >~ IN-KIND
Total cash revenues 104,932
Total in-kind revenues 7,500
Total project revenues 112.432
CASH ~ IN-KIND
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Exhibit 2-B: Project Budget /Revised Grant Award Budget
Name of organization: Florida Grand Opera, Inc.
Date(s) of Project: October 1.2008 through May 31 2009
Grant Award: $17,800.00
Directions: Identify and itemize cash expenses to be paid from Grant award funds. Grant awards may only
be spent within budget categories declared below. Line item changes to said Budget shall not exceed ten
percent (10%) per category, so long as said expenditures do not exceed the total amount of Grant funds
Grant Expenses
Personnel -artistic 15,000 Equipment Rental
Personnel -technical Space rental (Performance
Related Only)
Outside artistic fees Insurance (Performance
Related Only)
Marketing/Publicity 2.800 Total Other Costs (itemize
Below)
Printing
Description Amount
Postage
TOTAL (must equal grant award): 77,800
Grant requirements
Grant funds must be spent within budget categories agreed upon in grant agreement.
All publications associated with City of Miami Beach cultural grant support must include the City of Miami
Beach logo and the following byline: °`City of Miami Beach, Cultural Affairs Program, Cultural Arts Council. "
Allowable Grant Expenditures as Relates to Grant Project:
• Artistic and technical fees directly related to the proposed program or event
• Production costs related to the proposed program, project or event
• Honoraria
• Equipment rental and expendable materials
• Marketing
• Publicity
• Local travel and transportation costs related to proposed program, project or event. Local travel is
defined as travel within the Miami Dade County area
• Equipment rental and personnel necessary to provide program accessibility as mandated by the
Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973
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Grant Use Restrictions (grant funds may not be used towards):
• Remuneration of City of Miami Beach employees for any services rendered as part of a project
receiving a grant from Cultural Affairs grants programs
• ~4dministrative salaries or fees
• "Bricks and mortar" or permanent equipment; unless the purchase price is less than the cost of
rental.
• City of Miami Beach services (permit fees, off duty police, electricians, insurance, etc.)
• Debt reduction
• Indirect or general operating costs related to the operation of the organization (Cultural Anchors
excluded from this restriction)
• Travel or transportation outside the local Miami Dade County area
• Social/Fundraising events, beauty pageants or sporting events
• Hospitality costs including decorations or affiliate personnel with the exception of artists
• Cash prizes
• Lobbying or propaganda materials
• Charitable contributions
• Events not open to the public; unless the event serves to specifically benefit City of Miami Beach
government
Required supporting materials for final reports submitted within 45 days upon completion of grant
project:
• Copies of all receipts, invoices and expenditures of grant monies. CATEGORIZE ALL
RECEIPTS, INVOICES AND CANCELLED CHECKS (front and back copies), ETC.
ACCORDING TO THE GRANT BUDGET (i.e. -all artists payments, separate from
adverltsing payments)
• Proof of logo and credit line in project publications and advertisements
• Proof of performance(s), such as programs, brochures and flyers.
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