Contract - Travis County - 1/28/2021 •
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ELECTION AGREEMENT BETWEEN ettlFt •
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, 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 any other entity for which the County is providing election services or
for which the County is conducting a joint election) do not agree on a run-off date,
the Participating Entity agrees to whichever run-off date is 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 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.
(4) The term "cost for election services" includes the costs for personnel,
supplies, materials, or services needed for providing these services as
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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.
(C) The Participating Entity shall continue to perform those election duties listed in (1)
through (7) below and any other election duties, such as receipt of candidate
applications, that are not allowed to be delegated to another governmental entity:
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(1) preparing, adopting, and publishing all required election orders, 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 may provide newspaper notices on behalf of the
Participating Entity with respect to a specific election if:
i. Not later than 60 days before election day for that election, the
Participating Entity submits a written request to the Election
Officer to provide newspaper notices on behalf of the
Participating Entity, provides the Election Officer the content
of the notices and information as which newspapers those
notices are to be published and the dates of publication and
any other information required by the Election Officer for
providing newspaper notices, and
ii. The Participating Entity pays the Election Officer all costs
associated with providing the newspaper notices.
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 that 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(0(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) having a Participating Entity representative serve as the custodian of its
election records; and
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(7) Filing the Participating Entity's annual voting system report to the Secretary
of State as required under Texas Election Code Chapter 123.
(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 will 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) The 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. The Election Officer will
designate and confirm all Election Day polling place locations.
(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 involve 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. Each request for election services, including
each request for the Election Officer to conduct a runoff election, must be
accompanied by a non-refundable payment of$150 to the Election Officer.
(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 1 1:59 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, the
Participating Entity will accrue no further costs relating to that cancelled election.
(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 e-
mail. The following e-mail address will be used for e-mail communications
to or from the County pursuant to Section 5: eIectionstraviscountytx.gov,
with a copy to Election.Entitiestraviscountytx.gov. The Participating
Entity has designated the City Clerk as the Participating Entity's
representative for sending and receiving e-mail communications under
Section 5, and the Participating Entity designates the following e-mail
address as the Participating Entity's email address for sending and
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receiving e-mail communications pursuant to Section 5:
swhiteround 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 to 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 75% 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 75% 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 e-mail
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).
(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
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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.
(1) For each election the Election Officer conducts for the Participating Entity
after January 1, 2021 through January 1, 2022, the Participating Entity shall
pay one percent of the cost of the electronic voting system equipment
installed at a polling place and one percent for each unit of other electronic
equipment used by the Travis County Clerk's Office to conduct the election
or provide election services.
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(2) In this Agreement "other electronic equipment" includes ballot marking
devices, ballot scanners, ballot printers, ballot tabulators, 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
of 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, and 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. 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.
Pursuant to Texas Election Code Section 85.064(b) and 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.
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
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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 shall
designate a contact to be the main point of contact for matters 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. Dana DeBeauvoir, Travis County Clerk, 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:
CITY OF ROUND ROCK
City Manager
221 East Main Street
Round Rock, Texas 78664
TRAVIS COUNTY
Honorable Dana DeBeauvoir, Travis County Clerk
1000 Guadalupe Street, Room 222
Austin, Texas 78701
Cc: Honorable Delia Garza, Travis County Attorney (or her successor)
314 West 11th Street, 5th Floor
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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 e-mail are
permitted by this Agreement, (1) the notice is deemed effective upon the day it is
sent if the e-mail is received before 5:00 p.m. on a business day; (2) the notice is
deemed effective on the first business day after the e-mail 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.
(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
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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.
(I) 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.
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
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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.
(L) 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
221 East Main Street
Round Rock, Texas 78664
(M) 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.
(N) 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.
(0) 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:
Crai Morga
Mayor
DATE: $ - [ 5 . '*1
TRAVIS COUNTY
BY:
Andy Brown (or his successor)
County Judge
DATE:
BY:
Dana DeBeauvoir
County Clerk
DATE:
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