Contract - Travis County - 2/12/2026 (2) ELECTION AGREEMENT BETWEEN
TRAVIS COUNTY AND CITY OF ROUND ROCK
Pursuant to Chapter 31, Subchapter D, Chapter 123, and Chapter 271 of the Texas
Election Code and Chapter 791 of the Texas Government Code, Travis County (the
"County") and City of Round Rock ("Participating Entity") enter into this agreement (this
"Agreement") for the Travis County Clerk, as the County's election officer (the "Election
Officer"), to conduct the Participating Entity's elections, including runoffs, and for the
Participating Entity's use of the County's current or future-acquired election equipment
for any voting system that the County adopts, as authorized under Title 8 of the Texas
Election Code, for all Participating Entity elections. The purpose of this Agreement is to
maintain consistency and accessibility in voting practices, polling places, and election
procedures in order to best assist the voters of the Participating Entity.
Section 1. GENERAL PROVISIONS
(A) Except as otherwise provided in this Agreement, the term "election" refers to any
Participating Entity election, occurring on any uniform election date prescribed by
the Texas Election Code or a primary election date, along with any resulting runoff,
if necessary, within all Participating Entity's territory located in Travis County. If a
runoff is necessary, to the extent the date is not already set by statute, the
Participating Entity shall work with the Election Officer to determine a mutually
acceptable run-off date. In the event that the Participating Entity and the Election
Officer do not agree on a run-off date, the Participating Entity agrees to the run-off
date selected by the Election Officer.
(B) If the Participating Entity determines it is necessary to conduct an election during
a time other than that specified in Section 1(A), the Election Officer and a
representative designated by the Participating Entity will meet as soon as possible
thereafter to determine the feasibility of the Election Officer conducting such an
election. If both parties agree that the Election Officer will administer the election,
the new election will be based on all other applicable provisions of this Agreement
except provisions that are inconsistent and cannot be feasibly applied.
(C) Except as otherwise provided in this Agreement:
(1) The term "Election Officer' refers to the Travis County Clerk;
(2) The term "precinct" means all voter registration precincts in the territory of
the Participating Entity located within Travis County;
(3) The term "election services" refers to services used to perform or supervise
any or all of the duties and functions that the Election Officer determines
necessary for the conduct of an election; and
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(4) The term "cost for election services" includes the costs for personnel,
supplies, materials, or services needed for providing these services and an
administrative fee as permitted by the Texas Election Code but does not
refer to costs relating to the use of the voting equipment.
(D) Except as otherwise provided in this Agreement, the cost for "use of voting
equipment" for a particular election is the amount the County will charge the
Participating Entity for use of the County's voting equipment in use at the time of
that election.
(E) The Participating Entity agrees to commit the funds necessary to pay for all
election-related expenses for Participating Entity elections in accordance with this
Agreement.
(F) The Election Officer has the right to enter into agreements with other entities at
any time, including during the dates listed in Section 1(A).
(G) As a condition for providing election services and equipment usage, the Election
Officer may require authorities of political subdivisions holding elections on the
same day in all or part of the same territory to enter into a joint election agreement
as authorized in Chapter 271 of the Texas Election Code, and the Participating
Entity agrees to enter into any joint election agreement required by the County.
SECTION 2. PARTICIPATING ENTITY'S USE OF VOTING EQUIPMENT; DUTIES OF
THE ELECTION OFFICER AND OF THE PARTICIPATING ENTITY
The County shall make available to the Participating Entity the County's current voting
system and any future-acquired voting system as authorized under Title 8 of the Texas
Election Code, subject to restrictions and conditions imposed by the Election Officer to
ensure availability of the equipment for County-ordered elections, primary elections,
special elections, and subsequent runoff elections, if applicable. The Election Officer may
also impose restrictions and conditions to protect the equipment from misuse or damage.
SECTION 3. APPOINTMENT OF ELECTION OFFICER
(A) The Travis County Election Officer ("Election Officer") is appointed to serve as the
Participating Entity's Election Officer and Early Voting Clerk to conduct the
Participating Entity's elections described in Section 1 .
(B) As the Participating Entity's Election Officer and Early Voting Clerk, the Election
Officer shall coordinate, supervise, and conduct all aspects of administering voting
in Participating Entity elections in compliance with all applicable laws, subject to
Section 3(C) below.
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(C) The Participating Entity shall continue to perform those election duties listed in (1)
through (6) below and any other election duties, such as receipt of candidate
applications, that are not allowed to be delegated to another governmental entity:
(1) Preparing, adopting, and publishing all required election orders, including
orders for appointment of central counting station personnel, early voting
ballot board personnel, and signature verification personnel in elections
where needed, resolutions, notices, and other documents, including
bilingual materials, evidencing action by the governing authority of the
Participating Entity necessary to the conduct of an election, except that:
a. The Election Officer does not provide newspaper notices on behalf
of the Participating Entity with respect to a specific election.
b. With respect to each debt obligation election the Election Officer
conducts for the Participating Entity pursuant to this Agreement:
i. The Election Officer, after receiving from the Participating
Entity a copy of the debt obligation election order, shall post
the notice required by and in accordance with Texas Election
Code Section 4.003(f)(1) on election day and during early
voting by personal appearance, in a prominent location at
each polling place;
ii. The Election Officer shall provide written confirmation to the
Participating Entity that the debt obligation election order was
posted in accordance with Texas Election Code Section
4.003(f)(1); and
iii. The Participating Entity shall pay any applicable expenses
incurred by the Election Officer that directly relates to the
posting required by Texas Election Code Section 4.003(f)(1).
(2) Preparing the text for the Participating Entity's official ballot in English and
Spanish and any other languages as required by law;
(3) Providing the Election Officer with a list of candidates or propositions
showing the order and the exact manner in which the candidates' names
and the propositions are to appear on the official ballot;
(4) Conducting the official canvass of a Participating Entity election;
(5) Administering the Participating Entity's duties under state and local
campaign finance laws;
(6) Filing the Participating Entity's annual voting system report to the Secretary
of State as required under Texas Election Code Chapter 123.
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(D) The Participating Entity shall also be responsible for proofing and attesting to the
accuracy of all ballot language, including any required language translations, and
format information programmed by the County. This includes any information
programmed for use with the audio or tactile button features of the equipment. The
Participating Entity may also monitor and review all logic and accuracy testing and
mandatory tabulations. The Participating Entity will complete its duties within
timeframes as prescribed by the County. If the Participating Entity finds any
discrepancies or concerns, it will immediately report them to the Election Officer
and work with her to resolve any issues so that final approval can be reached. The
Participating Entity shall be responsible for any and all actual costs associated
with correcting the ballot and ballot programming if the error is discovered after the
Participating Entity has signed off on its final proof containing the error.
(E) Ann Franklin, City Clerk, will assist the County whenever possible when the
conduct of the election requires assistance from Participating Entity departments
and staff. The City Clerk will serve as the Regular Early Voting Clerk for the
Participating Entity to receive requests for applications for early voting ballots and
forward these applications to the Joint Early Voting Clerk. The City Clerk will serve
as the Custodian of Records for the Participating Entity to complete those tasks in
the Texas Election Code that the Election Officer will not perform.
SECTION 4. ELECTION WORKERS AND POLLING PLACES
(A) For presentation to the governing body of the Participating Entity, the County shall
provide a list containing the locations, times, and dates of early voting polling
places suitable for consideration and adoption by the governing body in
accordance with Texas Election Code Chapter 85.
(B) The Election Officer will assume the responsibility for recruiting election personnel;
however, if by the 5th day before the Election, the Election Officer reports
vacancies in positions for election judges, alternate judges, election day clerks,
early voting ballot board, receiving substation clerks, or any other key election
personnel, the Participating Entity shall provide emergency personnel in these
positions.
(C) The Election Officer shall notify each of the election judges and alternates of their
appointment and the eligibility requirements that pertain to them and to the
selection of Election Day clerks. Included in this notification will be the number of
clerks that each precinct should have in addition to the election judge and alternate
judge. The election judges and/or the alternates are responsible for recruiting and
supervising their clerks.
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(D) All election workers must agree to attend training sessions as determined by the
Election Officer. Costs for these training sessions and compensation for attendees
will be included as part of the election services costs.
(E) During any election and any subsequent runoff election that involves entities in
addition to the Participating Entity, the Election Officer will work with all parties to
find a plan that can be agreed upon regarding the designation of polling places. If
agreement cannot be reached, the Election Officer will resolve the differences. In
all cases, the Election Officer has sole discretion to determine whether polling
place changes are necessary.
SECTION 5. PAYMENTS FOR ELECTION SERVICES
(A) Costs and payments for the use of voting equipment are addressed separately in
Section 6 of this Agreement.
(B) Requests for Election Services. For each election the Participating Entity desires
the Election Officer to conduct, the Participating Entity must submit a written
request to the Election Officer that describes the general nature of the election and
specifies the date of the election.
(C) Cancellations. On or before 11:59 p.m. on the 68th day before an election for which
the Participating Entity has requested election services, the Participating Entity
shall notify the Election Officer as to whether the Participating Entity anticipates
the cancellation of its election, and on or before 11:59 p.m. on the 60th day before
the election the Participating Entity shall notify the Election Officer as to whether
the Participating Entity will cancel that election. If the Election Officer receives
written notice from the Participating Entity on or before 11:59 p.m. of the 60th day
before an election that the Participating Entity's election will be cancelled in
accordance with Subchapters C and D of Texas Election Code Chapter 2, the
Contracting Officer shall only be entitled to receive the actual expenses incurred
before the date of cancellation in connection with the election and an administrative
fee of $100.
(D) Notice, Cost Estimate, Initial Invoicing, and Initial Payment.
(1) Notwithstanding the provisions in Section 9(B), the County and the
Participating Entity agree that notice under Section 5 can be provided via
email. The following email address will be used for email communications
to or from the County pursuant to Section 5: elections@ traviscountytx.gov,
with a copy to ElectionEntities@traviscountytx.gov. The Participating Entity
has designated the City Clerk as the Participating Entity's representative for
sending and receiving email communications under Section 5, and the
Participating Entity designates the following email address as the
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Participating Entity's email address for sending and receiving email
communications pursuant to Section 5: afranklin @round rocktexas.gov.
(2) Initial Cost Estimate. On or before the 60th day before an election for which
the Participating Entity has requested election services, the Election Officer
will mail and/or email the Participating Entity a cost estimate for conducting
the election. The cost estimate will include an administrative fee that is equal
to 10% of the total estimated cost of conducting the Participating Entity's
election, excluding the costs of voting equipment. In the event of a joint
election, the cost estimate will reflect that election costs will be divided on a
pro rata basis among all entities involved in the election in the manner set
forth in this Section 5. The proportional cost for the Election Officer to
conduct each participating entity's election will be calculated by dividing the
number of registered voters in the territorial jurisdiction of each participating
entity by the total number of registered voters for all of the participating
entities involved in the joint election and multiplying that quotient by the total
cost of the election. The product of these numbers is the pro rata cost share
for each participating entity. The Participating Entity acknowledges and
understands that if any other participating entity listed in the cost estimate
cancels its election, each remaining participating entity's pro rata cost
(including the Participating Entity's pro rata cost share) will result in a
proportionate cost increase.
(3) Initial Invoice and Initial Payment. Along with the initial cost estimate, the
Election Officer will also include an initial invoice for the Participating Entity to
pay 60% of the initial cost estimate. The Participating Entity must pay the
County the amount specified in each invoice no later than 30 days after the
Participating Entity's receipt of the invoice.
(4) Runoff Elections. For each runoff election the Participating Entity has
requested that the Election Officer conduct, the Participating Entity must
make a payment equal to 60% of the projected costs for the runoff election
no later than three business days after receiving that cost estimate from the
Election Officer. The projected share of election costs will include an
administrative fee that is equal to 10% of the total estimated cost of
conducting the Participating Entity's runoff election, excluding the costs of
voting equipment.
(5) Each party may change its respective email addresses for email
communications under this Section 5, without the need to amend this
Agreement, by sending notice to the other party in accordance with Section
9(B).
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(F) Final Accounting and Final Invoice. The County will send the Participating Entity a
final invoice of election expenses not later than 90 days after an election unless
the Election Officer notifies the Participating Entity during that 90-day period
following the election that the Election Officer requires additional time to send a
final invoice to the Participating Entity. The final invoice will include a listing of
additional costs incurred at the Participating Entity's behalf and specify the total
payment due from the Participating Entity for any unpaid portion of the
Participating Entity's costs.
(1) Within 30 days after receipt of an election cost invoice setting forth the
Election Officer's actual contract expenses and charges incurred in the
conduct of the election, the Participating Entity shall pay the Election Officer
the balance due on each final invoice no later than 30 days after the
Participating Entity's receipt of that invoice.
(2) A refund may be due from the County to the Participating Entity if the final
costs are lower than the amount already paid by the Participating Entity or if,
at the end of the calendar year, the County Auditor's Office makes
adjustments to the election workers' payroll and the amount already paid by
the Participating Entity for election worker payroll costs exceeds the payroll
amounts calculated by the County Auditor's Office.
(G) The Participating Entity shall promptly review an election invoice and any
supporting documentation when received from the County. The Participating Entity
may audit, during the County's normal business hours, relevant County election or
accounting records upon reasonable notice to the County. The Participating Entity
shall pay the entire final invoice or the undisputed portion of the final invoice not
later than the 30th day after receiving the invoice. Failure by the Participating Entity
to timely pay an invoice in full may impact the Election Officer's participation in
future elections with the Participating Entity.
SECTION 6. PAYMENTS FOR USE OF VOTING EQUIPMENT
(A) The Election Officer shall conduct elections using a voting system certified by the
Secretary of State in accordance with the Texas Election Code and that has been
approved for use by the Travis County Commissioners Court unless otherwise
agreed upon by the Participating Entity, the Travis County Clerk, and the Travis
County Commissioners Court.
(B) The Participating Entity shall make payments to Travis County as consideration
for the use of the County's voting equipment.
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(1) For each election the Election Officer conducts for the Participating Entity
after January 1, 2026, through January 1, 2027, the Participating Entity shall
pay (a) the sum of 5% of the cost of the electronic voting system equipment
installed at a polling place and 5% for each unit of other electronic
equipment used by the Travis County Clerk's Office to conduct the election
or provide election services, if the sum is greater than $100.00, and (b)
$100.00 if the sum described in (a) is $100.00 or less.
(2) In this Agreement "other electronic equipment" includes ballot marking
devices, ballot scanners, ballot printers, ballot tabulators, electronic
pollbooks, and ballot programming software.
(C) Payment by the Participating Entity to the County for voting equipment is due no
later than 30 days after the Participating Entity's receipt of an invoice from the
County.
(D) If the County acquires additional equipment, different voting equipment, or
upgrades to existing equipment during the term of this Agreement, the charge for
the use of the equipment may be renegotiated.
SECTION 7. ADDITIONAL EARLY VOTING LOCATIONS
(A) All of the Participating Entity's voters within Travis County will have access to all
the Travis County Early Voting sites in each election at no additional cost.
(B) If the Participating Entity desires to have one or more early voting sites that are in
addition to those sites the Election Officer has already selected for a specific
election, the Participating Entity must submit the request to the Election Officer no
later than 60 days before the election. The Election Officer will work with the
Participating Entity to explore whether adding the location is appropriate for that
election. Notwithstanding any provision to the contrary, the Election Officer has
sole discretion to determine whether to provide any additional early voting sites
requested by the Participating Entity.
(C) If the Election Officer agrees that adding a proposed location is appropriate for that
election, the Election Officer will thereafter provide a written estimate to the
Participating Entity that sets forth the estimated cost for providing the additional
early voting location(s) and the deadline by which the cost estimate must be paid.
The Participating Entity will be responsible for the full cost of the additional site(s)
that is being requested. If after receiving the cost estimate, the Participating Entity
desires to move forward with having the additional early voting location(s), the
Participating Entity will notify the Election Officer and include payment of the cost
estimate with the Participating Entity's notice to the Election Officer no later than
the deadline specified in the Election Officer's cost estimate.
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SECTION 8. COMMUNICATIONS
(A) The Participating Entity and the Election Officer shall each designate a member of
their staff to serve as the primary contact for the respective offices under this
Agreement and provide the name and contact information for that individual to the
other party. Each party may change their designated staff members by sending
notice to the other party without the further need to amend this Agreement.
(B) Throughout the term of this Agreement, the Participating Entity and the County will
engage in ongoing communications on issues related to Participating Entity
elections, the use of County's voting equipment, and the delivery of services under
this Agreement and, when necessary, the County Clerk, Elections Division staff
members, and other election workers shall meet with the Participating Entity to
discuss and resolve any problems which might arise under this Agreement.
(C) The Election Officer shall be the main point of media contact for election
information related to election administration. The Participating Entity designates
the City Clerk to serve as the main point of contact for media inquiries related to
the content of the Participating Entity's ballot or candidates.
SECTION 9. MISCELLANEOUS PROVISIONS
(A) Amendment/Modification. Except as otherwise provided, this Agreement may not
be amended, modified, or changed in any respect whatsoever, except by a further
Agreement in writing and duly executed by the parties hereto. No official,
representative, agent, or employee of the County has any authority to modify this
Agreement except pursuant to such expressed authorization as may be granted
by the Commissioners Court of Travis County, Texas. No official, representative,
agent, or employee of the Participating Entity has any authority to modify this
Agreement except pursuant to such expressed authorization as may be granted
by the governing body of the Participating Entity. Dyana Limon-Mercado, Travis
County Clerk (or her successor), may propose necessary amendments or
modifications to this Agreement in writing in order to conduct a joint election
smoothly and efficiently, except that any such proposals must be approved by the
Commissioners Court of the County and the governing body of the Participating
Entity.
(B) Notice. Unless otherwise provided herein, any notice to be given hereunder by any
party to the other shall be in writing and may be affected by personal delivery, by
certified mail, or by common carrier. Notice to a party shall be addressed as
follows:
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CITY OF ROUND ROCK
Brooks Bennett, City Manager
221 East Main Street
Round Rock, Texas 78664
Cc: Stephanie Sandre, City Attorney
Sheets & Crossfield, PLLC
309 East Main Street
Round Rock, Texas 78664
TRAVIS COUNTY
Honorable Dyana Limon-Mercado, Travis County Clerk (or her successor)
1000 Guadalupe Street, Room 222
Austin, Texas 78701
Cc: Honorable Delia Garza, Travis County Attorney (or her successor)
314 West 11 th Street, 5th Floor
Austin, Texas 78701
Notice by hand-delivery is deemed effective immediately, notice by certified mail
is deemed effective three days after deposit with a U.S. Postal Office or in a U.S.
Mail Box, and notice by a common carrier, is deemed effective upon receipt. Each
party may change the address for notice to it by giving notice of such change in
accordance with the provisions of this Section. When notices by email are
permitted by this Agreement, (1) the notice is deemed effective upon the day it is
sent if the email is received before 5:00 p.m. on a business day; (2) the notice is
deemed effective on the first business day after the email was received if the email
was received after 5:00 p.m. on a business day or anytime on a Saturday or
Sunday. In this Agreement, "business day" means any weekday that is not a
holiday designated by the Travis County Commissioners Court.
(C) Force Majeure. In the event that the performance by the County of any of its
obligations or undertakings hereunder shall be interrupted or delayed by any
occurrence not occasioned by its own conduct, whether such occurrence be an
act of God or the result of war, riot, civil commotion, sovereign conduct, or the act
or condition of any persons not a party hereto or in privity thereof, then it shall be
excused from such performance for such period of time as is reasonably necessary
after such occurrence to remedy the effects thereof.
(D) Venue and Choice of Law. The Participating Entity agrees that venue for any
dispute arising under this Agreement will lie in the appropriate courts of Austin,
Travis County, Texas. This Agreement shall be governed by and construed in
accordance with the laws of the State of Texas and the United States of America.
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(E) Entire Agreement. This Agreement contains the entire agreement of the parties
relating to the rights herein granted and the obligations herein assumed and also
supersedes all prior agreements, including prior election services contracts and
prior agreements to conduct joint elections. Any prior agreements, promises,
negotiations, or representations not expressly contained in this Agreement are of
no force or effect. Any oral representations or modifications concerning this
Agreement shall be of no force or effect, excepting a subsequent modification in
writing as provided herein.
(F) Severability. If any provision of this Agreement is found to be invalid, illegal or
unenforceable by a court of competent jurisdiction, such invalidity, illegality or
unenforceability shall not affect the remaining provisions of this Agreement. Parties
to this Agreement shall perform their obligations under this Agreement in
accordance with the intent of the parties to this Agreement as expressed in the
terms and provisions of this Agreement.
(G) Breach. In the event that Participating Entity or County breaches any of its
obligations under this Agreement, the non-breaching party shall be entitled to
pursue any and all rights and remedies allowed by law.
(H) Payments from Current Revenues. Payments made by the Participating Entity in
meeting its obligations under this Agreement shall be made from current revenue
funds available to the governing body of the Participating Entity. Payments made
by the County in meeting its obligations under this Agreement shall be made from
current budget or revenue available to the County.
(1) Other Instruments. The County and the Participating Entity agree that they will
execute other and further instruments, or any documents as may become
necessary or convenient to effectuate and carry out the purposes of this
Agreement.
(J) Third Party Beneficiaries. Except as otherwise provided herein, nothing in this
Agreement, expressed or implied, is intended to confer upon any person, other
than the parties hereto, any benefits, rights or remedies under or by reason of this
Agreement.
(K) Joint Election Agreements. The County and the Participating Entity expressly
understand and acknowledge that each may enter into other joint election
agreements with other jurisdictions, to be held on Election Day and at common
polling places covered by this Agreement.
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(L) Mediation. When mediation is acceptable to both parties in resolving a dispute
arising under this Agreement, the parties agree to use a mutually agreed upon
mediator, or a person appointed by a court of competent jurisdiction, for mediation
as described in Section 154.023 of the Texas Civil Practice and Remedies Code.
Unless both parties are satisfied with the result of the mediation, the mediation will
not constitute a final and binding resolution of the dispute. All communications
within the scope of the mediation shall remain confidential as described in Section
154.053 of the Texas Civil Practice and Remedies Code unless both parties agree,
in writing, to waive the confidentiality. Notwithstanding the foregoing, the parties
intend to fully comply with the Texas Open Meetings Act and the Texas Public
Information Act whenever applicable. The term "confidential" as used in this
Agreement has the same meaning as defined and construed under the Texas
Public Information Act and the Texas Open Meetings Act.
(M) Addresses for Payments. Payments made to the County, or the Participating
Entity under this Agreement shall be addressed to following respective addresses:
Travis County Clerk— Elections Division
P.O. Box 149325
Austin, Texas 78714
City of Round Rock
Attn: City Clerk
221 East Main Street
Round Rock, Texas 78664
(N) Effective Date. This Agreement is effective upon execution by both parties and
remains in effect until either party terminates this agreement for any reason upon
providing 60 days written notice to the other party.
(0) Reference of Time. All times referenced in this Agreement are to Central Time,
and in all instances, the time-stamp clock used by the Travis County Clerk's Office
at 5501 Airport Boulevard in Austin, Texas is the official clock for determining the
correct time.
(P) Signatures. The individuals below have been authorized to sign this Agreement.
IN TESTIMONY WHEREOF, the parties hereto have executed this Agreement in multiple
copies, each of equal dignity, and this Agreement takes effect on the date it is fully
executed by the Participation Entity, the Travis County Judge (on behalf of the Travis
County Commissioners Court), and the Travis County Clerk.
[Signatures on following page]
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CITY OF ROUND ROCK
BY:
Craigrga
Mayor
DATE: 2 fi2-120 Z 6
TRAVIS COUNTY
BY:
Dyana Limon-Mercado (or her successor)
County Clerk
DATE:
Election Services Agreement
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