HomeMy WebLinkAboutResolution - 2024-R0165 - Contract 17775, Firetrol Protection Systems, Inc, Fire & Intrusion Alarm Systems - 04/09/2024Resolution No. 2024-R0165
Item No. 6.29
Apri19, 2024
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute
for and on behalf of the City of Lubbock, Contract No. 17775 for a Maintenance Program for
Fire & Intrusion Alarm Systems, by and between the City of Lubbock and Firetrol Protection
Systems, Inc., and related documents. Said Contract is attached hereto and incorporated in this
resolution as if fully set forth herein and shall be included in the minutes of the City Council.
APPROVED AS TO CONTENT:
� Gz�
Erik Rejino, Assistant City Manager
•'
itch�l'C�ter�Glii�, `rnterim City Attorney
ccdocs IIIRES.Contract-Firetrol Protection Systems, Inc.
March 13, 2024
Courtney Paz, City Secretary
Resolution No. 2024-R0165
Contract 17775
City of Lubbock, TX
Maintenance Program for Fire & Intrusion Alarm Systems
Agreement
This Service Agreement (this "Agreement") is entered into as of the 9th day of
Anril , 2024("Effective Date") by and between Firetrol Protection Svstems, Inc., (the
Contractor), and the City of Lubbock (the "City").
RECITALS
WHEREAS, the City has issued a Request for Proposals RFP 24-17775-TF, Maintenance Program
for Fire & Intrusion Alarm Systems and
WHEREAS, the proposal submitted by the Contractor has been selected as the proposal which best
meets the needs of the City for this service; and
WHEREAS, Contractor desires to perform as an independent contractor to provide Maintenance
Program for Fire & Intrusion Alarm Systems, upon terms and conditions maintained in this Agreement; and
NOW THEREFORE, for and in consideration of the mutual promises contained herein, the City and
Contractor agee as follows:
City and Contractor acknowledge the Agreement consists of the following exhibits which are
attached hereto and incorporated herein by reference, listed in their order of priority in the event of
inconsistent or contradictory provisions:
1. This Agreement
2. Exhibit A— General Requirements
3. Exhibit B— Best and Final Offer
4. Exhibit C— Insurance Requirements
Scope of Work
Contractor shall provide the services that are specified in Exhibit A. The Contractor shall execute services
as the named provider. The Contractor shall comply with all the applicable requirements set forth in Exhibit
B and Exhibit C attached hereto.
Article 1
1.1 The contract shall be for a term of one (1) year, with the option of four (4), one year
extensions, said date of term beginning upon formal approval. This Contract will renew
automatically for the additional terms, unless either Party gives 90-day written notice to
terminate the Contract. Actual usage may be more or less. Order quantities will be
deternuned by actual need. The City of Lubbock does not guarantee any specific amount of
compensation, volume, minimum, or maximum amount of services under this bid and
resulting contract. The Contractor must maintain the insurance coverage required during the
term of this contract including any extensions. It is the responsibility of the Contractor to
ensure that valid insurance is on file with the Purchasing and Contract Management
Department as required by contract or contract may be terminated for non-compliance.
1.2 Prices quoted shall be guaranteed for a period for six (6) months upon City approval. The
rate may be adjusted at the City's discretion for the effective change in Consumer Price Index
(CPn or Product Price Index (PPI) as appropriate. Further, if the Contractor can provide
documentation for actual charges for material, labor, etc. that demonstrates that the change
in CPI or PPI is not sufficient, the Contractor shall provide such documentation to the City,
and at the City's sole discretion, the contractual rate may be further adjusted. If agreement
regarding a new rate cannot be reached, the City shall terminate at the end of the current
contract period. If an adjustment to pricing is granted under this section, the Contractor must
provide the Director of Purchasing and Contract Mariagement written, quarterly
documentation to justify the ongoing adjustment. If no such documentation is timely
received, the rate will automatically revert to the initial, awarded rate.
1.3 The Contractor shall not assign any interest in this Agreement and shall not transfer any
interest in the Agreement, whatsoever, without prior consent of the City.
1.4 All funds for payment by the City under this Agreement are subject to the availability of an
annual appropriation for this purpose by the City. In the event of non-appropriation of funds
by the City Council of the City of Lubbock for the goods or services provided under the
Agreement, the City will terminate the Agreement, without termination charge or other
liability, on the last day of the then-current fiscal year or when the appropriation made for
the then-current year for the goods or services covered by this Agreement is spent, whichever
event occurs first. If at any time funds are not appropriated for the continuance of this
Agreement, cancellation shall be accepted by the contractor on 30 days prior written notice,
but failure to give such notice shall be of no effect and the City shall not be obligated under
this Agreement beyond the date of termination.
1.5 This contract shall remain in effect until the first of the following occurs: (1) the expiration
date, (2) performance of services ordered, or (3) termination of by either party with a 30 day
written notice. The City of Lubbock reserves the right to award the canceled contract to the
next lowest and best bidder as it deems to be in the best interest of the city.
Article 2 Miscellaneous.
2.1 This Agreement is made in the State of Texas and shall for all purposes be construed in
accordance with the laws of said State, without reference to choice of law provisions.
2.2 This Agreement is performable in, and venue of any action related or pertaining to this
Agreement shall lie in, Lubbock, Texas.
2.3 This Agreement and its Exhibits contains the entire agreement between the City and
Contractor and supersedes any and all previous agreements, written or oral, between the
parties relating to the subject matter hereof. No amendment or modification of the terms of
this Agreement shall be binding upon the parties unless reduced to writing and signed by
both parties.
2.4 This Agreement may be executed in counterparts, each of which shall be deemed an original.
2.5 In the event any provision of this Agreement is held illegal or invalid, the remaining
provisions of this Agreement shall not be affected thereby.
2.6 The waiver of a breach of any provision of this Agreement by any parties or the failure of
any parties otherwise to insist upon strict performance of any provision hereof shall not
constitute a waiver of any subsequent breach or of any subsequent failure to perform.
2.7 This Agreement shall be binding upon and inure to the benefit of the parties and their
respective heirs, representatives and successors and may be assigned by Contractor or the
City to any successor only on the written approval of the other party.
2.8 All claims, disputes, and other matters in question between the Parties arising out of or
relating to this Agreement or the breach thereof, shall be formally discussed and negotiated
between the Parties for resolution. In the event that the Parties are unable to resolve the
claims, disputes, or other matters in question within 30 days of written notification from the
aggrieved Party to the other Party, the aggrieved Party shall be free to pursue all remedies
available at law or in equity.
2.9 At any time during the tenn of the contract, or thereafter, the City, or a duly autkorized audit
representative of the City or the State of Texas, at its expense and at reasonable times,
reserves the right to audit Contractor's records and books relevant to all services provided to
the City under this Contract. In the event such an audit by the City reveals any errors or
overpayments by the City, Contractor shall refund the City the full amount of such
overpayments within 30 days of such audit findings, or the City, at its option, reserves the
right to deduct such amounts owing the City from any payments due Contractor.
2.10 The City reserves the right to exercise any right or remedy to it by law, contract, equity, or
otherwise, including without limitation, the right to seek any and all forms of relief in a court
of competent jurisdiction. Further, the City shall not be subject to any arbitration process
prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein
are cumulative and not exclusive, and may be exercised concurrently. To the extent of any
conflict between this provision and another provision in, or related to, this do.
2.11 The contractor shall not assign or sublet the contract, or any portion of the contract, without
written consent from the Director of Purchasing and Contract Management. Should consent
be given, the Contractor shall insure the Subcontractor or shall provide proof of insurance
from the Subcontractor that complies with all contract Insurance requirements document,
this provision shall control.
2.12 Contractor acknowledges by supplying any Goods or Services that the Contractor has read,
fully understands, and will be in full compliance with all terms and conditions and the
descriptive material contained herein and any additional associated documents and
Amendments. The City disclaims any terms and conditions provided by the Contractor unless
agreed upon in writing by the parties. In the event of conflict between these terms and
conditions and any terms and conditions provided by the Contractor, the terms and conditions
provided herein shall prevail. The terms and conditions provided herein are the final terms
agreed upon by the parties, and any prior conflicting terms shall be of no force or effect.
2.13 Contractor acknowledges by supplying any Goods or Services that the Contractor has read,
fully understands, and will be in full compliance with all terms and conditions and the
descriptive material contained herein and any additional associated documents and
Amendments. The City disclaims any terms and conditions provided by the Contractor unless
agreed upon in writing by the parties. In the event of conflict between these terms and
conditions and any terms and conditions provided by the Contractor, the terms and conditions
provided herein shall prevail. The terms and conditions provided herein are the final terms
agreed upon by the parties, and any prior conflicting terms shall be of no force or effect.
2.14 Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist
Organization Prohibited. Pursuant to Section 2252.152 of the Texas Government Code,
prohibits the City from entering into a contract with a vendor that is identified by The
Comptroller as a company known to have contracts with or provide supplies or service with
Iran, Sudan or a foreign terrorist organization.
2.15 Texas Public Information Act. The requirements of Subchapter J, Chapter 552, Government
Code, may apply to this contract and the contractor or vendor agrees that the contract can be
terminated if the contractor or vendor knowingly or intentionally fails to comply with a
requirement of that subchapter. To the extent Subchapter J, Chapter 552, Government Code
applies to this agreement, Contractor agrees to: (1) preserve all contracting information
related to the contract as provided by the records retention requirements applicable to the
governmental body for the duration of the contract; (2) promptly provide to the governmental
body any contracting information related to the contract that is in the custody or possession
of the entity on request of the governmental body; and (3) on completion of the contract,
either: (A) provide at no cost to the governmental body all contracting information related to
the contract that is in the custody or possession of the entity; or (B) preserve the contracting
information related to the caa�h�act as �srovided by the records retention requirements
applicable to the governmental body.
2.16 No Boycott of Israel. Pursuant to Section 2271.002 of the Texas Government Code, a) This
section applies only to a contract that: (1) is between a governmental entity and a company
with 10 or more full-time employees; and (2) has a value of $].00,000 or more that is to be
paid wholly or partly from public funds of the governmental entity. (b) A governmental entity
may not enter into a contract with a company for goods or services unless the contract
contains a written verification from the company that it: (1) does not boycott Israel; and (2)
will not boycott Israel during the term of the contract.
2.17 Contractor represents and warrants that: (1) it does not, and will not for the duration of the
contract, boycott energy companies or (2) the verification required by Section 2274.002 of
the Texas Government Code does not apply to the contract. If Contractor is a company with
10 or more full-time employees and if this Agreement has a value of at least $100,000 or
more, Contractor verifies that, pursuant to Texas Government Code Chapter 2274, it does
not boycott energy companies; and will not boycott energy companies during the term of the
Agreement. This verification is not required for an agreement where a governmental entity
determines that these requirements are inconsistent with the governmental entity's
constitutional or statutory duties related to the issuance, incurrence, or management of debt
obligations or the deposit, custody, management, borrowing, or investment of funds.
2.18 Texas Government Code 2274. By entering into this Agreement, Contractor verifies that: (1)
it does not, and will not for the duration of the contract, have a practice, policy, guidance, or
directive that discriminates against a firearm entity or firearm trade association or (2) the
verification required by Section 2274.002 of the Texas Government Code does not apply to
the contract. If Contractor is a company with 10 or more full-time employees and if this
Agreement has a value of at least $100,000 or more, Contractor verifies that, pursuant to
Texas Government Code Chapter 2274, it does not have a practice, policy, guidance, or
directive that discriminates against a firearm entity or firearm trade association; and will not
discriminate during the term of the contract against a firearm entity or firearm trade
association.
2.18 Confidentiality. The Contractor shall retain all information received from or concerning the
City and the City's business in strictest confidence and shall not reveal such information to
third parties without prior written consent of the City, unless otherwise required by law.
2.19 Indemnify. The Contractor shall indemnify and save harmless the city of Lubbock and its
elected officials, officers, agents, and employees from all suits, actions, losses, damages,
claims, or liability of any kind, character, type, or description, including without limiting the
generality of the foregoing, all expenses of litigation, court costs, and attorney's fees, for
injury or death to any person, or injury to any property, received or sustained by any person
or persons or property, to the extent arising out of, related to or occasioned by, the negligent
acts of the Contractor, its agents, employees, and/or subcontractors, related to the
performance, operations or omissions under this agreement and/or the use or occupation of
city owned property. The indemnity obligation provided herein shall survive the expiration
or termination of this agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and
year first above written. Executed in triplicate.
R
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APPROVED AS TO CONTENT:
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Mark avicar, ' r of Facilities Management
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Authorized
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Print Name
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Address
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City, State, Zip Code
c:ourtney raz, t;ity �ecretary
City of Lubbock, TX
RFP 24-17775-TF
Maintenance Program for Fire & Intrusion Alarm Systems
General Requirements
1. INTENT
EXHIBIT A
The City of Lubbock (COL) requests proposals to secure a maintenance program that will
provide services to maintain COL fire and intrusion alarm systems. Please provide costs for
each service individually. The COL reserves the right to award accordingly.
2. BACKGROUND
The City requests firms' qualifications for Fire/lntrusion Alarm monitoring/maintenance for
an Indefinite Delivery / Indefinite Quantity (IDIQ) Contract. The IDIQ Request for
Proposals (RFP) allows the City to pre-qualify firms for specific services. The City may
select to contract with multiple vendors as a result of the RFP. In order to assist with new
projects, the City will assess the selected firms on a qualifications basis as necessary for a
given project. The scope of any agreement will include Fire/Intrusion Alarm
monitoring/maintenance for City of Lubbock owned faculties. The requested services may
involve an entire project, a project phase, several projects, part of a project, or simply the
provision of an opinion for use by City staff in the conduct of their respective job duties.
3. SCOPE OF WORK
The contractor will provide 24-hour fire alarm and intrusion alarm monitoring,
annual fire and intrusion alarm testing and inspection and/or fire alarm repairs
to various City of Lubbock owned facilities. Services will include repair or
replacement of current systems. Services required but not limited to:
1. FirelIntrusion alarm control panel.
2. Motion detectors, trigger devices, and other devices associated with intrusion alarm.
3. Fire detectors.
4. Fire alarm manual station.
5. Audiolvisual fire/intrusion alarm device.
6. Setting of control equipment, audiolvisual alarm, detectors and fire alarm manual
stations.
7. Cabling and wiring.
8. Inspection, testing and commissioning.
9. FM200 system inspection and maintenance
10. Monitoring connections will be approved for each site by the City Information
Technology department. Options should include network and cellular connections.
* Services may be added or removed by COL including new installation as needed.
City of Lubbock, TX
RFP 24-17775-TF
Maintenance Program for Fire & Intrusion Alarm Systems
Best and Final Offer
Item
Descrlption
1 Technician/Installer - Regular Hours Regular (8-5)
2 Technician -After Hours/Holidays
3 Technician - Emergency
4 Apprentice- Regular Hours
S Apprentice- After Hour /Holidays
7
8
9
Fire Alarm Monitoring
Intrusion Alarm Monitoring
Activity reports or other requested reports
Hours (+/-)
(A)
200
50
50
50
50
Monthly
(A)
1
1
Ea. Report
(+/-)
Hourly Rate
g Ct � ,ao
$ � �
$ .�
$ --t a.
--�s-
$ �O.
Total Price
$ (�5, C��� '
$ � `152, to
.,�
$ ,�`� S'c: .
$ � r��, .
$ �, ��;
Monthly Rate Annual Price
(B) =(A)X(B)
$ L�. � $ j �4
$ is'-� $ i�Sb �
Ea. Report Rate Annual Price
(B) =(A)X(B)
� LL
12 $ i O. $ t 2.a '
MateriaUParts - Percentage of markup on estimated $15,000 parts/material based on actual cost to
10 contractor. Z D % Markup.
If no markup is intended, write the word "None" in the space �
provided. $15,000 x Lo % markup equals $15,000 + 3fl6D •
For reimbursement of rental of equipment, prior approval must be authorized by the City Department
representative. If applicable: Zd % markup. A copy of the receipt for the rental of the equipment must be
attached to the invoice. Will you comply? Yes � No ❑
Materials are to be quoted on a cost-plus basis; percentage of markup to be based on net cost to Contractor, allowing
for full credit for trade and/or cash discounts to the, prior approval must be authorized by City Department
representative. Use Attachment A for approval. Will you comply? Yes [�No ❑
Did you meet the requirement to submit a copy of your state license with your bid? Yes [�3 No ❑
Do you have a local service shop? Yes �No ❑ Address: (� Z_ A� �- � ---. ---
How long has your company been in this business? ��S �_ _
How many consecutive years of experience do you have m providing these service�s? N� �.,�s
If emergency service is required at night or on weekends, can you respond? Yes
What is your response time for an emergency? `f-we. �r.
What is your response time for calls other than emergency? �f «� _�
What is your response time to begin a project after receipt of order? 2�( -�-FS b�ca�
List any additional information to be considered in evaluating your bid.
Vendor's Sign
Company's Name f i�(� �- ��f�-��"� Svs�s t,�N �
VENDOR ACKNOWLEDGEMENT
In compliance with this procurement, the undersigned offeror having examined the request for
proposal, instructions to offerors, documents associated with the request for proposals, and being
familiar with the conditions to be met, has reviewed the information regarding:
• Insurance Requirements
• Suspension and Debarment Certification
• Texas Government Code Section 2252.152
• Texas Government Code Section 2271.002
• Texas Government Code 2274
An individual authorized to bind the company must sign the following section. Failure to execute this
portion may result in proposal rejection.
��r� �
Authorized Si ature
Kevin L Bryant
Print/Type Name
Firetrol Protection Systems, Inc
Company Name
District General Manager
Title
2/12/24
Date
1001 Ave B
Address
Lubbock, Texas 79401
City, State Zip Code
Contact for questions, clarifications, etc.
Name and Title: Kevin L Bryant District General Manager
Mailing Address: 1001 Ave B
City, State, Zip: Lubbock, Texas 79401
Telephone No: 806-771-3500
Fax No: 806-771-3501
E-Mail: kbryant@firetrol.net
EXHIBIT C
1. INSURANCE REQUIREMENTS
l. l. Prior to the approval of this contract by the City, the Contractor shall furnish a completed Insurance
Certificate to the City, which shall be completed by an agent authorized to bind the named
underwriter(s) to the coverages, limits, and termination provisions shown thereon, and which shall
furnish and contain all required information referenced or indicated thereon. THE CITY SHALL
HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH
CERTIFICATE SHALL HAVE BEEN DELNERED TO THE CITY.
1.2. The City reserves the right to review the insurance requirements of this section during the effective
period of the contract and to require adjustment of insurance coverages and their limits when deemed
necessary and prudent by the City based upon changes in statutory law, court decisions, or the claims
history of the industry as well as the Contractor.
1.3. Subject to the Contractor's right to maintain reasonable deductibles in such amounts as are approved
by the City, the Contractor shall obtain and maintain in full force and effect for the duration of this
contract, and any extension hereof, at Contractor's sole expense, insurance coverage written by
companies approved by the State of Texas and acceptable to the City, in the following type(s) and
amount(s):
Commercial General Liabilitv Requirements: $1 M occurrence /$2M aggregate (can be combined with an
Excess Liability to meet requirement). CGL is required in ALL contracts. It is perhaps the most important
of all insurance policies in a contractual relationship. It insures the Contractor has broad liability coverage
for contractual activities and for completed operations.
Commercial General Liability to include Products — Completion/OP, Personal and Advertising Injury,
Contractual Liability, Fire Damage (any one fire), and Medical Expenses (any one person).
Automobile Liabilitv Requirements: $1M/occurrence is needed
Professional Liabilitv Requirements: $1 M occurrence/$2M aggregate
Workers Compensation and Emplover Liabilitv Requirements: Statutory. If the vendor is an independent
contractor with no employees and are exempt from providing Workers' Compensation coverage, they must
sign a waiver (obtained from COL Purchasing) and include a copy of their driver's license. Employer
Liability ($1 M) is required with Workers Compensation.
* The City of Lubbock (including its officials, employees and volunteers) shall be afforded additional
insured status on a primary and non-contributory basis on all liability policies except professional liabilities
and workers' comp.
* Waivers of Subrogation are required for CGL, AL, and WC.
* To Include Products of Completed Operations endorsement.
* Carrier will provide a 30-day written notice of cancellation, 10-day written notice for non-payment.
* Carriers must meet an A.M. Best rating of A- or better.
* Subcontractors must carry same limits as listed above.
EXHIBIT C
IMPORTANT: POLICY ENDORSEMENTS
The Contractor will provide copies of the policies without expense, to the City and all endorsements thereto
and may make any reasonable request for deletion, revision, or modification of particular policy terms,
conditions, limitations, or exclusions (except where policy provisions are established by law or regulation
binding upon either of the parties hereto or the underwriter of any of such policies). Upon such request by the
City, the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverages, and shall
pay the cost thereo£ Any costs will be paid by the Contractor.
REQUIRED PROVISIONS
The Contractor agrees that with respect to the above required insurance, all insurance contracts and certificate(s)
of insurance will contain and state, in writing, on the certificate or its attachment, the following required
provisions:
a. Name the City of Lubbock and its officers, employees, and elected representatives as additional
insureds, (as the interest of each insured may appear) as to all applicable coverage;
b. Provide for 30 days notice to the City for cancellation, nonrenewal, or material change;
c. Provide for notice to the City at the address shown below by registered mail;
d. The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees,
and elected representatives for injuries, including death, property damage, or any other loss to the
extent same may be covered by the proceeds of insurance;
e. Provide that all provisions of this contract concerning liability, duty, and standard of care together
with the indemnification provision, shall be underwritten by contractual liability coverage
sufficient to include such obligations within applicable policies.
NOTICES
The Contractor shall notify the City in the event of any change in coverage and shall give such notices not less
than 30 days prior the change, which notice must be accompanied by a replacement CERTIFICATE OF
1NSll RANCE.
All notices shall be given to the City at the following address:
Marta Alvarez, Director of Purchasing & Contract Management
City of Lubbock
1314Avenue K, 9�' Floor
Lubbock, Texas 79401
Approval, disapproval, or failure to act by the City regarding any insurance supplied by the Contractor shall not
relieve the Contractor of full responsibility or liability for damages and accidents as set forth in the contract
documents. Neither shall the bankruptcy, insolvency, or denial of liability by the insurance company exonerate
the Contractor from liability.
CERTIFICATE OF INTERESTED PARTIES FORnn 1295
lofl
Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING
i Name of business entity filing form, and the city, state and country of the business entity's place Certificate Number:
of business. 2024-1134405
Firetrol Protection Systems, Inc
Lubbock, TX United States �ate Fi1ed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 03/13/2024
being filed.
City of LubboCk Date Acknowledged:
03/13/2024
g Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
RFP 24-17775-TF
Maintenance program for fire & intrusion alarm systems
Nature of interest
4 Name of Interested P Ci State, Count lace of business
arty ry, ry (p ) (check applicable)
Controlling Intermediary
Firetrol Protection Systems, Inc Lubbock, TX United States X
5 Check only if there is NO Interested Party. ❑
6 UNSWORN DECLARATION
My name is , and my date of birth is
My address is ,
(street) (city) (state) (zip code) (country)
I declare under penalry of perjury that the foregoing is true and correct.
Executed in County, State of , on the day of , 20
(month) (year)
Signature of authorized agent of contracting business entiry
(Declarant)
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