HomeMy WebLinkAbout1999 09 13 Regular Item H
COMMISSION AGENDA
ITEM H
CONSENT
INFORMATIONAL
PUBLIC HEARING
REGULAR X
9-13-99
Meeting
MGR. ~
Authorization
IDEPT C.SJ:
REQUEST: The Parks and Recreation Department requesting the City Commission to
authorize the City Manager to execute the City of Winter Springs Basketball
Program Agreement.
PURPOSE: The purpose of this item is to obtain Commission approval to execute the
Agreement necessary to sponsor the Winter Springs Basketball League.
CONSIDERTIONS:
· The Winter Springs .Basketball League (Chris Marlette) has been conducting youth
basketball programs for the youth of the Winter Springs area.
. The Parks and Recreation Department desires to sponsor the youth basketball
program and become more involved in it.
· The program would be conducted at Indian Trails Middle School gymnasium. The
Parks and Recreation Department is still attempting to provide Winter Springs High
School and Tuscawilla Middle School gymnasiums for this program.
. Staff and the City Attorney have reviewed the Agreement and recommend approval.
1
Page 2
FUNDING:
The program will provide to the City of Winter Springs $5,000.00 per year. In return
Parks and Recreation will provide printing and mailing of brochures, phone line with
voice mail, criminal history background checks and NYCSA coaches certification for
coaches. Expenditures will not exceed the projected income to the City of Winter Springs.
RECOMMENDA TION:
Staff is recommending approval to authorize the City Manager to execute the City of
Winter Springs Basketball Program Agreement.
IMPLEMENTATION SCHEDULE:
Promotion of youth basketball program- September 14, 1999
Fall Leagues to begin first week of October 1999
Spring Leagues to begin the first week of March 1999
Summer basketball camps
ATTACHMENTS:
A) Winter Springs Basketball League Information
B) Two (2) original City of Winter Springs Basketball
Agreements
COMMISSION ACTION:
Agenda85
2
Aug-24-99 07:34P
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ATTACHMENT A
P.05
The Winter Springs Basketball League is a youth sports organization that offers
organized league play to children in grades K-12 during the willlter and spring seasons. In
addition, WSBL also conducts summer basketball scloools during the months of JUDe and
July for the purpose of teaching fundamental basketball skiDs, enhanced by structured
contests and games, targeting those players interested in further development of their
basketball skills.
The WSBL operates a winter league from early D~ember through mid-February.
Games are played on weekends and the season consists of a Illine-game schedule aDd a
culminating tournament at the end of the regular season. During the months of March,
April, and May,WSBL offers a spring league of play, which operates much the same as the
winter league, but on an eight-game schedule, followed by a culminating tournament.
The majority of our league coaches are parent volunteers. Additionally, we utilize
the talents of several high school students each season. These student volunteen also
receive community service credit hours that are required in the qualification process for
Florida academic college scholarships. Their roles as volunteers for WSBL include that of
coach, record keepers for the official scorebook, and clock operators.
Winter Springs Basketball League expenses include a weekly fee for the use of each
gym facility; approximately $10 per hour for a site coordinator; utility fees; payment for
game officials; and equipment costs. In addition, other league expenses include secretarial,
accounting, and attorney fees; insurance coverage; office supplies; telephone; gas; and
contributions to various local schools and other youth-affiliated organizations.
During the winter league, WSBL is in partnership with 4he Orlando Magic Junior
Magic program, Through this affiliation, many of our underprivileged and at-risk youth
are allowed to participate at no cost to their families, through "scholarship" (sponsor)
programs.
Winter Springs Basketball League served over 1,600 children during the 1996-97
seasons. We offer a valuable community service at a very reasonable membership fee.
AUG-24-1999 21:36
P.05
Aug-24-99 07:33P
P.02
'" -- ,.".
i
102 laurel Drive
Sanford. Florida 32n3
Phone 407-330-1n1
fllll 407'8322.9854
Christopher R. Marlette
Education
1965- 1970
University of Southern Mississippi
Hattiesburg, Mississippi
[ Deg"""., J
· Bachelor of Science-Physical Education
Professional
eJCPGrience
1975 - Present
1970-1975
[ Job TItle J
· Teacher/Coach
Seminole County School Board
Sanford Naval Academy
Additional
professional
activities
President- Winter Springs Basketball League--1993-Present
It
Head Basketball Coach-Seminole High School-1982-1985
Head Basketball Coach-Crooms High School- t 978-1982
Head Basketball Coach-Sanford Naval Academy-197o-1975
Member of Seminole County PaOOi and Recreation Advisory Board-1986-
1988
University of North Carolina Basketball Schoof-Coaching Staff-1992-1993
..
References
Paul Cave-Principal-Milwee Middle School
I
Bill Gibson-Prinapal-Jackson Heights Middle School
Bobby Rainey.-Principal (retired)-lndian Trails Middle School
Douglas Stenstror&-Attomey-710 Powderhom Cr.. Lake Mary, Florida
,.
AUG-24-1999 21:34
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P.04
Florid;! Department of Revenue
1~~~_~':J~!~.I~..~~!"!~~~~t~ 01._ ~~~.".lp.ti~~ II
Issued Pursuant to Chapter 212, Florida Statutes
This Certificate is
Non-transferable.
DR.14
R.12/97
Issue Date
12/29/97
This Certifies That
Expiration Date
12/29/2002
Certificate Number
69-11-064305-60C
Type of Organization
ORG BENEFITTING MINORS
WINTER SPRINGS BASKETBALL LEAGUE
'02 LAUREL DR
SANFORD FL 32773
Is Exempt From the Payment of Sales and Use Tax on the Purchase or Lease of Tangible Personal Property, the
Lease of Transient Rental Accommodations or Real Property.
L.H. Fuchs
Executive Director
.
Florida Department of Revenue
IL. .... .!!!!~~~~n.!i~~!~_._.._n JI
CR.14
R.12/97
. Provide all vendors with a copy of your Consumer's Certificate of Exemption before making tax-exempt purchases.
. Your Consumer's Certificate of Exemption is to be used solely for your organization's customary nonprofit activities.
. Purchases by the exempt organization are only exempt when the Consumer's Certificate of Exemption is presented to
the vendor and the payment is made directly by the organization.
. Purchases made by an individual on behalf of the organization are taxable, even if the individual is reimbursed by the
organization.
. Transactions by an exempt organization such as sales or leases of tangible personal property, transient rental or
sleeping accommodations, real property, or docking spaces are taxable. The organization must register for sales and
use tax certification, and collect and remit sales tax on those transactions. Note: Churches are exempt from this
requirement except when they are the lessor of real property (Section 12A-1.070. Florida Administrative Code).
. Changes in the organization's purpose, federal exemption status, or address must be reported immediately to the
Department of Revenue.
UNDER NO CIRCUMSTANCES SHOULD THIS EXEMPTION BE USED FOR THE PERSONAL BENEFIT OF ANY
INDIVIDUAL. ANY MISUSE OF THIS EXEMPTION WILL NECESSITATE ITS REVOCATION.
If you have any questions or need assistance, please contact:
Central Registration
5050 W TENNESSEE ST
TALLAHASSEE FL 32399-0100
850.487.4130
AUG-24-1999 21:36
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CITY OF WINTER SPRINGS
BASKETBALL PROGRAM AGREEMENT
TillS AGREEMENT, made and entered into this 14th day of September, 1999
by and between the CITY OF WINTER SPRINGS, a municipal corporation organized
and existing under the laws of the State of Florida, hereinafter referred to as "the City"
and WINTER SPRINGS BASKETBALL LEAGUE, hereinafter referred to as "the
Contractor. "
WHEREAS, the City has certain facilities available for use by the public; and
WHEREAS, THE Contractor is desirous of offering a program to the public
entitled WINTER SPRINGS BASKETBALL LEAGUE; and
WHEREAS, THE City is willing to allow said program to be presented at the
primary facility of INDIAN TRAILS MIDDLE SCHOOL GYMNASIUM.
NOW THEREFORE, in consideration of these premises and good and valuable
consideration, the parties do hereby covenant and agree to the following:
1) The City shall provide the facility listed above for the period beginning the
first day of October 1999 and ending the 30th day of September 2000.
Utilization of the facilities shall be subject to and in conformance with the
agreement between the School Board of Seminole County and the City.
2) The Contractor, at his sole cost and expense, shall provide a program to
the public as detailed in Attachment "B", and shall not deviate from that
program without the prior written consent of the Director, or his designee.
3) The Contractor shall provide copies of all occupational licenses,
competency cards or certificates necessary for the performance of the
program included herein.
4) The Contractor shall provide a Certificate of Insurance for coverage in the
amount of $1,000,000 for General Liability, Personal Injury for contractor
personnel, volunteers, participants, and excess Medical Insurance for all
participants. Said certificate(s) shall list the City of Winter Springs as an
additional insured. Said policies shall further provide that the policy shall
not be terminated or amended in any fashion without thirty (30) days prior
written notice to the City.
5) The Contractor shall pay the City a program fee of $5000.00 per year.
The Contractor shall also reimburse the City for all expenses incurred by
his program/league i.e. gym rental, insurance and maintenance services,
etc. The Contractor shall maintain accurate records of all fees collected, to
include copies of all receipts to participants, for a period of three (3) years
from the date of this Agreement and shall provide any and all such
documentation to the City at the City's request. Additional City/Contractor
responsibilities are listed in Attachment "E".
6) Contractor shall be permitted to distribute program materials and sell all
other non-food or drink items as approved by the City. Contractor may
offer awards or trophies to program participants for success in contests or
events conducted as part of Contractors program.
7) Contractor shall not permit any guests, invites, employees, agents, or other
users to engage in any disorderly conduct or maintain any waste of
nuisance on the facilities.
8) Contractor agrees to work with facility personnel to maintain a clean and
safe facility environment at all times.
9) During the term of this Agreement, the City and Contractor agree to
conduct a meeting to preview and evaluate the current program six (6)
2
months from the agreement date and every six (6) months thereafter. The
meeting date and time will be set upon agreement by both parties.
10) Contractor shall be responsible for the selection, hiring and supervision of
their personnel. All employees to be approved by the City and hiring
practices shall correspond to the hiring practices of the City. The City
reserves the right to reject Contractor personnel provided said personnel
would not be in the best interest of the City.
11) This Agreement shall not create as between the parties the relationship of
co-partner, joint partner, employer or employee and in all situations the
Contractor shall be considered an independent contractor.
12) If the Contractor shall, during the term of this Agreement, be absent
because of incapacitation due to illness or other cause, for any period of
time, the Contractor shall submit an alternative plan to carry out all
existing program commitments.
13) This Agreement may be terminated by the City without cause upon thirty
(30) days written notice, and upon five (5) days notice if with cause.
14) The Contractor shall make no assignment of any of his rights, duties, or
obligations under this Agreement without prior written approval by the
Director, it being understood by and between the parties that the services
to be performed by the Contractor are unique.
15) The Contractor hereby agrees to, and shall hold the City, its officers,
agents and employees harmless and shall indemnify them from liability for
damages or claims for personal injury, property damage, attorney's fees or
attorney's fees on appeal which may occur as a result of any action of the
Contractor, his agents, employees, or participants and the Contractor
3
agrees to and shall defend the City and its officers, agents and employees
from any suits or actions at law by any person including the Contractor,
his agents, employees or participants for damages caused or alleged to
have been caused by any reason occurring as a result of performance
under this Agreement.
16) The Contractor agrees to abide by and comply with all laws, ordinances,
rules, regulations, policies and procedures of the City during the term of
this Agreement.
17) Any notice to be provided to the Contractor shall be sent by certified mail
to 102 Laurel Drive, Sanford, FL 32773. Any notice to be provided to the
City shall be sent by certified mail to City of Winter Springs Parks and
Recreation Department, 1126 East State Road 434, Winter Springs,
Florida 32708.
Signed, sealed and delivered
Injthe presCtce o.f:(
Cf>.-/l- . ~r/~~----
. ~1-t
CA~.I'-'
CITY OF WfN~RINGS
;(~A/. ~
By: RONALD W. MCLEMORE
1126 East SR 434
Winter Springs, FL 32708
Date: S~ptemb~r 13, 1999
WINTER SPRINGS
BASKETBALL LEAGUE
By: CHRISTOPHER R,. MARLETIE
Date:
4
ATTACHMENT A
Program Area and Times
PROGRAM SHALL BE HELD TN THE FLOLLOWTNG AREA/ROOM(S)
CONTOLLED BY THE CITY:
Gymnasium, Indian trails Middle School or other designated facilities to include but not
limited to: Restrooms, Scoreboards, Locker Rooms, Office Space and proper storage
facility in the above facilities.
DAYS/TIMES:
As the general guideline, programs may not be scheduled during
normal school day hours.
5
ATTACHMENT B
Program Content/Curriculum
DESCRIBE IN DETAIL THE PURPOSE OF THE PROGRAM, THE MATERIALS
AND/OR EQUIPMENT TO BE USED, AND TYPE OF ACTIVlTY.
The Contractor will provide and promote basketball programs in a safe environment to
enhance the existing Recreation programs of the City.
The Contractor will provide, but not limited to, the tollowing type of activities:
1. LEAGUES:
Winter, Spring, Summer
Grades 1 through 12
2. TRAVEL AND TOURNAMENT TEAMS
3. CAMPS/CLINICS SPECIAL EVENTS
· Youth Camps
· Team Clinics
. Coaches Clinics
· Officials Clinics
· Parent Clinics
. Special Olympics
Free Throw Contests
"3" Point Contests
Shoot-In's
Spinning and Winning
Tournaments
Academic Sports Symposiums
Hot Shot Contests
4. MOTIVATIONAL SEMINARS
6
ATTACHMENTC
CONTRACTOR IS TO ATTACH HERETO COPIES OF ALL OCCUPATIONAL
LICENSES, COMPETENCY CARDS OR CERTIFICATES NECESSARY FOR
PERFORMANCE OF THE PROGRAM.
7
ATTACHMENT D
FEE SCHEDULE
Fees will be paid to the City as follows for league play, merchandise sales and all
other "fee" programs:
The CONTRACTOR SHALL PAY:
(A) A program agreement fee of $5,000.00 per year.
(B) Each monthly payment of $416.67 shall be due within ten (10) days of the end
of each month and shall include a late payment charge of five percent (5%)
of the amount due if late.
The Contractor is responsible for collecting fees and maintaining copies of all
receipts issued to participants.
The Contractor shall submit to the City a revenue expenditure report after
each program stating the revenue collected and ALL expenditures resulting in
either a profit or a loss. This report shall be submitted within three (3) working
days.
The Contractor shall provide the City with a financial statement containing
gross receipts, operating costs and revenue due the City on a quarterly basis.
~
ATTACHMENTE
CITY/CONTRACTOR RESPONSIBILITY
SERVICES PROVIDED BY THE CITY SHALL BE THE FOLLOWING:
A. City will provide facilities as outlined in Attachment "A".
B. City will coordinate with the Contractor to fulfill the performance of this
agreement.
C. City will provide Criminal History Background checks for the Contractor,
personnel and volunteers.
D. City will provide printing and mailing of all program brochures.
E. City will provide a phone line with voice mail for basketball information.
F. City will provide NYSCA Coaches Certification for the basketball coaches.
SERVICES PROVIDED BY THE CONTRACTOR SHALL BE AS FOLLOWS:
A. Contractor will perform administrative functions (collection of fees, forms,
telephone inquiries) necessary to operate each program.
B. Contractor will provide all staffing needs (Director, Coaches, Speakers, etc.).
C. Contractor will supply all CAMP/CLINIC equipment and supplies
(basketballs, etc.).
9
D. Contractor will furnish all uniforms necessary for player participation. All
uniforms are to have Winter Springs Basketball League logo on all league,
camp and clinic shirts.
E. Contractor will supply any GIVE A WAY items.
F. Contractor is responsible for all registration and promotional materials to
include, but not limited to, insurance, fees, schedules, etc.
10
,~
ATTACHMENT B
CITY OF WINTER SPRINGS
{j/rvUv
~(J:f
BASKETBALL PROGRAM AGREEMENT
THIS AGREEMENT, made and entered into this 14th day of September, 1999
by and between the CITY OF WINTER SPRINGS, a municipal corporation organized
and existing under the laws of the State of Florida, hereinafter referred to as "the City"
and WINTER SPRINGS BASKETBALL LEAGUE, hereinafter referred to as "the
Contractor. "
WHEREAS, the City has certain facilities available for use by the public; and
WHEREAS, THE Contractor is desirous of offering a program to the public
entitled WINTER SPRINGS BASKETBALL LEAGUE; and
WHEREAS, THE City is willing to allow said program to be presented at the
primary facility of INDIAN TRAILS MIDDLE SCHOOL GYMNASIUM.
NOW THEREFORE, in consideration of these premises and good and valuable
consideration, the parties do hereby covenant and agree to the following:
1) The City shall provide the facility listed above for the period beginning the
first day of October 1999 and ending the 30th day of September 2000.
Utilization of the facilities shall be subject to and in conformance with the
agreement between the School Board of Seminole County and the City.
2) The Contractor, at his sole cost and expense, shall provide a program to
the public as detailed in Attachment "B", and shall not deviate from that
program without the prior written consent of the Director, or his designee.
3) The Contractor shall provide copies of all occupational licenses,
competency cards or certificates necessary for the performance of the
program included herein.
l. f.
4) The Contractor shall provide a Certificate of Insurance for coverage in the
amount of $1,000,000 for General Liability, Personal Injury for contractor
personnel, volunteers, participants, and excess Medical Insurance for all
participants. Said certificate(s) shall list the City of Winter Springs as an
additional insured. Said policies shall further provide that the policy shall
not be terminated or amended in any fashion without thirty (30) days prior
written notice to the City.
5) The Contractor shall pay the City a program fee of $5000.00 per year.
The Contractor shall also reimburse the City for all expenses incurred by
his program/league i.e. gym rental, insurance and maintenance services,
etc. The Contractor shall maintain accurate records of all fees collected, to
include copies of all receipts to participants, for a period of three (3) years
from the date of this Agreement and shall provide any and all such
documentation to the City at the City's request. Additional City/Contractor
responsibilities are listed in Attachment "E".
6) Contractor shall be permitted to distribute program materials and sell all
other non-food or drink items as approved by the City. Contractor may
offer awards or trophies to program participants for success in contests or
events conducted as part of Contractors program.
7) Contractor shall not permit any guests, invites, employees, agents, or other
users to engage in any disorderly conduct or maintain any waste of
nuisance on the facilities.
8) Contractor agrees to work with facility personnel to maintain a clean and
safe facility environment at all times.
9) During the term of this Agreement, the City and Contractor agree to
conduct a meeting to preview and evaluate the current program six (6)
2
months from the agreement date and every six (6) months thereafter. The
meeting date and time will be set upon agreement by both parties.
10) Contractor shall be responsible for the selection, hiring and supervision of
their personnel. All employees to be approved by the City and hiring
practices shall correspond to the hiring practices of the City. The City
reserves the right to reject Contractor personnel provided said personnel
would not be in the best interest of the City.
11) This Agreement shall not create as between the parties the relationship of
co-partner, joint partner, employer or employee and in all situations the
Contractor shall be considered an independent contractor.
12) If the Contractor shall, during the term of this Agreement, be absent
because of incapacitation due to illness or other cause, for any period of
time, the Contractor shall submit an alternative plan to carry out all
existing program commitments.
13) This Agreement may be terminated by the City without cause upon thirty
(30) days written notice, and upon five (5) days notice if with cause.
14) The Contractor shall make no assignment of any of his rights, duties, or
obligations under this Agreement without prior written approval by the
Director, it being understood by and between the parties that the services
to be performed by the Contractor are unique.
15) The Contractor hereby agrees to, and shall hold the City, its officers,
agents and employees harmless and shall indemnify them from liability for
damages or claims for personal injury, property damage, attorney's fees or
attorney's fees on appeal which may occur as a result of any action of the
Contractor, his agents, employees, or participants and the Contractor
3
to I.
agrees to and shall defend the City and its officers, agents and employees
from any suits or actions at law by any person including the Contractor,
his agents, employees or participants for damages caused or alleged to
have been caused by any reason occurring as a result of performance
under this Agreement.
16) The Contractor agrees to abide by and comply with all laws, ordinances,
rules, regulations, policies and procedures of the City during the term of
this Agreement.
17) Any notice to be provided to the Contractor shall be sent by certified mail
to 102 Laurel Drive, Sanford, FL 32773. Any notice to be provided to the
City shall be sent by certified mail to City of Winter Springs Parks and
Recreation Department, 1126 East State Road 434, Winter Springs,
Florida 32708.
Signed, sealed and delivered
In the presence of:
CITY OF WINTER SPRINGS
By: RONALD W. MCLEMORE
1126 East SR 434
Winter Springs, FL 32708
Date:
WINTER SPRINGS
BASKETBALL LEAGUE
By: CHRISTOPHER R,. MARLEITE
Date: .
4
ATTACHMENT A
Program Area and Times
PROGRAM SHALL BE HELD IN THE FLOLLOWING AREA/ROOM(S)
CONTOLLED BY THE CITY:
Gymnasium, Indian trails Middle School or other designated facilities to include but not
limited to: Restrooms, Scoreboards, Locker Rooms, Office Space and proper storage
facility in the above facilities.
DAYS/TIMES:
As the general guideline, programs may not be scheduled during
normal school day hours.
5
ATTACHMENT B
Program Content/Curriculum
DESCRIBE IN DETAIL THE PURPOSE OF THE PROGRAM, THE MATERIALS
AND/OR EQUIPMENT TO BE USED, AND TYPE OF ACTIVITY.
The Contractor will provide and promote basketball programs in a safe environment to
enhance the existing Recreation programs of the City.
The Contractor will provide, but not limited to, the following type of activities:
1. LEAGUES:
Winter, Spring, Summer
Grades 1 through 12
2. TRAVEL AND TOURNAMENT TEAMS
3. CAMPS/CLINICS SPECIAL EVENTS
· Youth Camps
. Team Clinics
· Coaches Clinics
· Officials Clinics
· Parent Clinics
· Special Olympics
Free Throw Contests
"3" Point Contests
Shoot-In's
Spinning and Winning
Tournaments
Academic Sports Symposiums
Hot Shot Contests
4. MOTIVATIONAL SEMINARS
6
".
ATTACHMENT C
CONTRACTOR IS TO ATTACH HERETO COPIES OF ALL OCCUPATIONAL
LICENSES, COMPETENCY CARDS OR CERTIFICATES NECESSARY FOR
PERFORMANCE OF THE PROGRAM.
7
" '
ATTACHMENTD
FEE SCHEDULE
Fees will be paid to the City as follows for league play, merchandise sales and all
other "fee" programs:
The CONTRACTOR SHALL PAY:
(A) A program agreement fee of $5,000.00 per year.
(B) Each monthly payment of $416.67 shall be due within ten (10) days of the end
of each month and shall include a late payment charge of five percent (5%)
of the amount due if late.
The Contractor is responsible for collecting fees and maintaining copies of all
receipts issued to participants.
The Contractor shall submit to the City a revenue expenditure report after
each program stating the revenue collected and ALL expenditures resulting in
either a profit or a loss. This report shall be submitted within three (3) working
days.
The Contractor shall provide the City with a financial statement containing
gross receipts, operating costs and revenue due the City on a quarterly basis.
8
ATTACHMENT E
CITY/CONTRACTOR RESPONSmILITY
SERVICES PROVIDED BY THE CITY SHALL BE THE FOLLOWING:
A. City will provide facilities as outlined in Attachment "A".
B. City will coordinate with the Contractor to fulfill the performance of this
agreement.
C. City will provide Criminal History Background checks for the Contractor,
personnel and volunteers.
D. City will provide printing and mailing of all program brochures.
E. City will provide a phone line with voice mail for basketball information.
F. City will provide NYSCA Coaches Certification for the basketball coaches.
SERVICES PROVIDED BY THE CONTRACTOR SHALL BE AS FOLLOWS:
A. Contractor will perform administrative functions (collection of fees, forms,
telephone inquiries) necessary to operate each program.
B. Contractor will provide all staffing needs (Director, Coaches, Speakers, etc.).
C. Contractor will supply all CAMP/CLINIC equipment and supplies
(basketballs, etc.).
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D. Contractor will furnish all uniforms necessary for player participation. All
uniforms are to have Winter Springs Basketball League logo on all league,
camp and clinic shirts.
E. Contractor will supply any GIVE A WAY items.
F. Contractor is responsible for all registration and promotional materials to
include, but not limited to, insurance, fees, schedules, etc.
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