Sno Isle Library District Interlocal Agreement for Library Repair and Upgrade ProjectsNo.
(City Clerk Use Only)
CONTRACT ROUTING FORM
Originator: Susan McLaughlin Routed by: Susan McLaughlin
O Department/Division: Planning & Development Date: 05/11/2023
a ..
Name of Consultant/Contractor: Sno Isle Library District
uv7 CONTRACT TITLE:
c Interlocal Agreement Between the City of Edmonds and Sno-Isle Intercourf
Type of Contract: (GR) Grants (I) Intergovernmental Agreement (L) Lease Agreement J
F' (Sj Purchase of Services (W� Public Works �(Qy Other
z -
w
Z Bid/RFP Number:
05/13/2023 _ 05/13/2024 _
U Effective Dated _ Completion Date;.
LHas the original City contract boilerplate language been modified? OYes i No
I.- If yes, specify which sections have been modified:
p Description j The purpose and intent of this Agreement is to define the responsibilities of the City and the Library District
U of Services:
as they relate to the execution of the library restoration project (as a result of the extensive flooding in June
of 2022).
Total Amount of Contract: $ 408,179.00 j
1
Budget # Amount: I
Budget # Amount: ' — —
C]
J Budget #
Q Amount:
Are there sufficient funds in the current budget to cover this contract? Yes �} No
Z _
Remarks: - - -- - - — - - - _.. - --• - — -
Ii The funding will come from the insurance settlement funds that will be received outlined in page 4 under section
4.6 of the agreement.
Authorization Level: Council
w
✓❑ 1. Project Manager Susan McLaughlin Ej 6. City Council Approval
4 2. Risk Management/Budget Date (inapplicable)
Z 3, City Attorney Sharon Cates - As toform J M 7. Mayor Michael Nelson
N e 4. Consultant/Contractor 0✓ 8. City Clerk Scott Passey
�✓ 5. Other Lois Thomspon - Library
INTERLOCAL AGREEMENT BETWEEN THE CITY OF EDMONDS AND
SNO-ISLE INTERCOUNTY RURAL LIBRARY DISTRICT
FOR LIBRARY REPAIR AND UPGRADE PROJECTS
This INTERLOCAL AGREEMENT FOR LIBRARY REPAIR AND UPGRADE
PROJECTS (this "Agreement"), is made and entered into as of the effective date referenced below,
between the CITY OF EDMONDS, a Washington municipal corporation (the "City"), and the
SNO-ISLE INTERCOUNTY RURAL LIBRARY DISTRICT, a Washington intercounty rural
library district (the "Library District") pursuant to Chapter 39.34 RCW.
RECITALS
A. The City and the Library District entered into an Annexation Agreement dated
April 3, 2001 (the "Annexation Agreement"), attached hereto as Attachment A and incorporated
herein by this reference; and
B. The Annexation Agreement sets forth the obligations of the City and the Library
District with regard to the quarters provided by the City to the Library District (the "Library
Quarters") in the City -owned facility known as the Edmonds Library Building (the "Building")
and the Library District's provision of library services in the Library Quarters; and
C. The Building and the Library Quarters recently suffered damage from a flooding
incident related to a burst irrigation pipe within the Building; and
D. In February 2023, the parties entered into Addendum No. 1 to the Annexation
Agreement ("Addendum No. 1"), attached hereto as Attachment B and incorporated herein by
this reference, to document their agreement regarding the obligations of the City and the Library
District relating to the repair of the flooding damage to the Building and the Library Quarters (the
"Repair Project") and a concurrent project to provide tenant improvements to upgrade and update
the Library Quarters (the "Library Upgrade Project") (collectively, the "Projects"); and
E. The parties wish to document their agreement on the rights and responsibilities of
the City and the Library District with regard to the Projects with this Agreement entered into
pursuant to Chapter 39.34 RCW.
AGREEMENT
NOW, THEREFORE, in consideration of the respective agreements set forth below and
for other good and valuable consideration, the sufficiency of which are hereby acknowledged, the
City and the Library District agree as follows:
1. Pur ose of A reement.
This Agreement is authorized by and entered into pursuant to Chapter 39.34 RCW. The
purpose and intent of this Agreement is to define the responsibilities of the City and the Library
INTERLOCAL AGREEMENT BETWEEN CITY OF EDMONDS
AND SNO-ISLE INTERCOUNTY RURAL LIBRARY DISTRICT
FOR LIBRARY REPAIR AND UPGRADE PROJECTS 1 of 10
District as they relate to the execution of the Projects.
Effective Date
This Agreement shall not take effect unless and until it has been duly executed by both
parties and either filed with the County Auditor or posted on the parties' websites.
3. administrators.
Each party to this Agreement shall designate an individual (an "Administrator"), who may
be designated by title or position, to oversee and administer such parry's participation in this
Agreement. The parties' initial Administrators shall be the following individuals:
Ci 's Initial Administrator:
Susan McLaughlin, Director
Edmonds Planning & Development
Department
121 Fifth Avenue N
Edmonds, Washington 98020
(425) 771-0220
Susan.McLaughlin@edmondswa.gov
Librau District's Initial Administrator:
Chy Ross, Assistant Director of Capital
Strategy and Planning
Strategic Services Department
7312 35t' Ave NE
Marysville, WA 98271
(360) 651-7017
Cross@sno-isle.org
Either party may change its Administrator at any time by delivering written notice of such
party's new Administrator to the other party.
4. Proiect Perforrmalnce.
4.1 Certification of heal ProperV Interest The City certifies to the Library District
that the City owns the real property upon which the Projects shall be executed, and additional real
property interests or easements are not needed to complete the Projects.
4.2 Grant of License 1 Right of BnZ. The City hereby grants to the Library District a
non-exclusive license of reasonable access to those areas of the Building not included in the
Library Quarters for the purposes of performing the work necessary to complete the Projects, and
all activities reasonably related thereto. The right of entry authorized by this Agreement is subject
to all valid rights existing in those areas as of the effective date of this Agreement. The City
reserves the right to grant others the privilege to enter those areas of the Building not included in
the Library Quarters, and the parties specifically agree that the right of entry granted by this
Agreement is not exclusive. The Library District shall not permit any other party, except the
Library District's duly authorized representatives, employees, agents and contractors, to enter or
work in those areas of the Building not included in the Library Quarters,
INTERLOCAL AGREEMENT BETWEEN CITY OF EDMONDS
AND SNO-ISLE INTERCOUNTY RURAL LIBRARY DISTRICT
FOR LIBRARY REPAIR AND UPGRADE PROJECTS 2 of 10
4.3 LibrqKy District as Lead Agency. As agreed in Addendum No. 1, the Library
District shall serve as the lead agency for undertaking both the Repair Project and the Library
Upgrade Project as described therein, including but not limited to engaging the necessary
contractors and providing project management to ensure coordination of the two Projects.
4.4 Library District's Responsibilities with regard to the Projects. The Library District
shall undertake the following responsibilities with regard to the Projects:
4.4.1 Provide for the performance of all work necessary to deliver both Projects.
4.4.2 Obtain all necessary permits for the completion of the Projects.
4.4.3 Take responsibility for returning the Building to operational condition
(including building systems known as mechanical, electrical and plumbing systems
included in Upgrade Project).
4.4.4 Building alarms (Fire and Burglar ) shall be in operational condition at the
time of occupancy or when otherwise required by code. Work on the Library
Upgrade Project will need to take these pre-existing systems into account, and make
an necessary alterations that will allow these systems to be operational and
compliant.
4.4.5 Building DDC (HVAC) controls will need to be reconfigured and made
operational and calibrated to meet new design parameters with City's vendor ATS
(Alerton controls).
4.4.6 The Library District will contract for certain agreed upon work scopes on
behalf of the City outside of the Library Upgrade Project in order to facilitate
contractor coordination and expedite completion of the Projects. The scopes and
costs associated with these are outlined in Section 4.5.7.
4.4.7 The Library District will provide the City with design and as -built drawings
for all Library Upgrade Project work and contracted work on behalf of City.
4.4.8 The Library District shall obtain and, upon request, provide the City with
copies of all permits necessary to complete the Projects.
4.5 Cit 's Res onsibilities with rc and iU the Pro'ccts. The City shall undertake the
following responsibilities with regard to the Projects:
4.5.1 Expedite the provision of any necessary City permits.
4.5.2 Upon request by the Library District, promptly provide all information
necessary to complete the Projects.
INTERLOCAL AGREEMENT BETWEEN CITY OF EDMONDS
AND SNO-ISLE INTERCOUNTY RURAL LIBRARY DISTRICT
FOR LIBRARY REPAIR AND UPGRADE PROJECTS 3 of 10
4.5.3 Installation of exterior insulation at West parking area
4.5.4 Perform professional air quality sampling study.
4.5.5 Provide access and assist with logistics as agreed upon by the City and the
Library District.
4.5.6 Install irrigation re-routing for long term flooding solution.
4.5.7 The scopes and costs of the agreed upon work that the Library District will
contract for on behalf of the City, as described in Section 4.4.6, are outlined below:
Contractor Estimate Insurance Estimate
General Labor Requirements
59,230
35112
Existing Condition Demo
2785
0
Wood, Plasitic, Composits
54713
29806
Moisture/Thermal protection
43550
2062
Door Openings
1167
0
Finishes
147475
142395
Specialty Items
986
613
Equipment
4400
0
Furniture
3533
0
Flooring
129778
164162
Plumbing
6250
1355
HVAC
177
0
Electrical
6640
6640
Safety
164
164
Sub
460,848
382,310
Tax
48,389
51,496
Total
509,237
433,806
4.6 Project Funding. The parties agree that the funding of the Projects shall be
undertaken as set forth in Addendum No. 1. The City shall be responsible for providing funds in
the amount of $408,179.00, with the remaining costs being the responsibility of the Library
District. This dollar figure represents the estimated insurance settlement amount ($840,000, less
City deductible) and expenses incurred as part of City responsibility in mitigating flood damages
and restoring the Building to pre -flood conditions as agreed to by the City and the Library District.
As provided in Addendum No. 1, up to $250,000 of the Reserve Fund will also be available as
funding for Repair Project costs, and any remainder may be used as agreed in Addendum No. 1.
INTERLOCAL AGREEMENT BETWEEN CITY OF EDMONDS
AND SNO-ISLE INTERCOUNTY RURAL LIBRARY DISTRICT
FOR LIBRARY REPAIR AND UPGRADE PROJECTS 4 Of 10
4.7 Project Deadline. On or before September 30, 2023, the Library shall be
operational to the public provided, that, the parties shall extend either or both of these deadlines,
at the request of the Library District, as necessary or appropriate due to circumstances beyond the
Library District's control, including but not limited to acts of God, fire or other calamities, labor
or material shortages, unanticipated building conditions, pandemics, civil unrest or acts of war.
4.8 Ongoing Maintenance. Upon completion of the Projects, the City shall be
responsible for all other maintenance, repair, and capital costs related to the Building and the
property on which it is located, as set forth in Addendum No. 1. When the Reserve Fund referenced
in Addendum No. 1 is exhausted, the City and the Library District shall negotiate the responsibility
for ongoing maintenance, furnishings, equipment and improvements for the Library Quarters.
5. Other Floodinp, Damage Repairs.
The Library District and the City acknowledge that the City has assumed responsibility
for other flooding damage repairs to the Building that are not included in the Projects. The
scopes and costs associated with these are outlined below:
Scope Estimate
Restorx floor mitigation work $ 257,519.58
Exterior West elevation insulation $ 51,998.01
Public Restroom restoration $ 50,185.79
Restroom partitions $ 8,041.91
Building Irrigation re-routing TBD
Total $
6. Accounting and Record Keeping.
6.1 Accounting. The Library District shall maintain a system of accounting and
internal controls which complies with generally accepted accounting principles and governmental
accounting and financial reporting standards in accordance with RCW 43.09.200.
6.2 Recordkeeping, The Library District shall maintain adequate records to support
billings for the Projects. The records shall be maintained by the Library District for a period of
five (5) years after completion of this Agreement. The City, or any of its duly authorized
representatives, shall have access to books, documents, or papers and records of the Library
District relating to this Agreement for purposes of inspection, audit, or the making of excerpts or
transcripts.
7. independent Contractor. The Library District shall perform all work associated with the
Projects as an independent contractor and not as an agent, employee, or servant of the City. The
Library District shall be solely responsible for control, supervision, direction and discipline of its
personnel and agents, who shall be employees and agents of the Library District and not the City.
The City shall only have the right to ensure performance.
INTERLOCAL AGREEMENT BETWEEN CITY OF EDMONDS
AND SNO-ISLE INTERCOUNTY RURAL LIBRARY DISTRICT
FOR LIBRARY REPAIR AND UPGRADE PROJECTS 5 of 10
Indemnification/Hold Harmless.
The Library District shall assume the risk of liability for damage, loss, costs and expense
arising out its activities under this Agreement. To the extent permitted by applicable law, the
Library District shall hold harmless, indemnify and defend the City, its officers, elected and
appointed officials, employees and agents from and against all claims, losses, lawsuits, actions,
counsel fees, litigation costs, expenses, damages, judgments, or decrees by reason of damage to
any property or business and/or any death, injury or disability to or of any person or party,
including but not limited to any employee, arising out of or suffered, directly or indirectly, by
reason of or in connection with the Library District's activities under this Agreement; PROVIDED,
that the above indemnification does not apply to those damages solely caused by the negligence
or willful misconduct of the City, its elected and appointed officials, officers, employees or agents.
This indemnification obligation shall include, but is not limited to, all claims against the City by
an employee or former employee of the Library District, and the Library District, by mutual
negotiation, expressly waives all immunity and limitation on liability, as respects the City only,
under any industrial insurance act, including Title 51 RCW, other Worker's Compensation act,
disability benefit act, or other employee benefit act of any jurisdiction which would otherwise be
applicable in the case of such claim.
The City shall assume the risk of liability for damage, loss, costs and expense arising out
its activities under this Agreement. To the extent permitted by applicable law, the City shall hold
harmless, indemnify and defend the Library District, its officers, elected and appointed officials,
employees and agents from and against all claims, losses, lawsuits, actions, counsel fees, litigation
costs, expenses, damages, judgments, or decrees by reason of damage to any property or business
and/or any death, injury or disability to or of any person or party, including but not limited to any
employee, arising out of or suffered, directly or indirectly, by reason of or in connection with the
City's activities under this Agreement; PROVIDED, that the above indemnification does not apply
to those damages solely caused by the negligence or willful misconduct of the Library District, its
appointed officials, officers, employees or agents. This indemnification obligation shall include,
but is not limited to, all claims against the Library District by an employee or former employee of
the City, and the City, by mutual negotiation, expressly waives all immunity and limitation on
liabiliy, as respects the Library District only, under any industrial insurance act, including Title
51 RCW, other Worker's Compensation act, disability benefit act, or other employee benefit act
of any jurisdiction which would otherwise be applicable in the case of such claim.
9. Insurance.
The Library District and the City shall each maintain its own insurance and/or self-
insurance for its liabilities from damage to property and /or injuries to persons arising out of its
activities under this Agreement as it deems reasonably appropriate and prudent. The maintenance
of, or lack thereof, insurance and/or self-insurance shall not limit the liability of the indemnifying
party to the indemnified party(s). Each party shall provide the other with a certificate of insurance
or letter of self-insurance as the case may be upon request.
INTERLOCAL AGREEMENT BETWEEN CITY OF EDMONDS
AND SNO-ISLE INTERCOUNTY RURAL LIBRARY DISTRICT
FOR LIBRARY REPAIR AND UPGRADE PROJECTS 6 Of 10
10. Comlaliance with Laws.
In the performance of its obligations under this Agreement, each party shall comply with
all applicable federal, state, and local laws, rules and regulations. The parties each acknowledge,
agree and understand that the other party is a public agency subject to certain disclosure laws,
including but not limited to Washington's Public Records Act, Chapter 42.56 RCW. The parties
understand that records related to this Agreement may be subject to disclosure by such laws.
U. Default and Remedies.
11.1 Defaul . If either the City or the Library District fails to perform any act or
obligation required to be performed by it hereunder, the other party shall deliver written notice of
such failure to the non -performing party. The non -performing party shall have twenty (20) days
after its receipt of such notice in which to correct its failure to perform the act or obligation at
issue, after which time it shall be in default ("Default") under this Agreement; provided, however,
that if the non-performance is of a type that could not reasonably be cured within said twenty (20)
day period, then the non -performing party shall not be in Default if it commences cure within said
twenty (20) day period and thereafter diligently pursues cure to completion.
11.2 Remedies. In the event of a party's Default under this Agreement, then after
giving notice and an opportunity to cure pursuant to Section 11.1 above, the non -Defaulting party
shall have the right to exercise any or all rights and remedies available to it in law or equity.
12. Termination.
12.1 Project Completion. This Agreement will commence on the effective date set
forth above and will terminate as of the date of the City's final acceptance of the Projects, unless
earlier terminated as provided in Section 12.2 below.
12.2 Termination for Breach. In the event that the Library District fails to complete the
Projects by deadline, including any extension thereof, set forth in Section 4.7, and/or otherwise
commits a Default as described in Section 11, the City may terminate this Agreement immediately
by delivering written notice to the Library District. In the event that the City commits a Default
as described in Section 11, the Library District may terminate this Agreement immediately by
delivering written notice to the City.
13. Dispute Resolution.
In the event differences between the parties should arise over the terms and conditions or
the performance of this Agreement, the parties shall use their best efforts to resolve those
differences on an informal basis. If those differences cannot be resolved informally, the matter
may be referred for mediation to a mediator mutually selected by the parties. If mediation is not
successful or if a party waives mediation, either of the parties may institute legal action for specific
performance of this Agreement or for damages. 'Neither party in any legal action shall be entitled
to attorneys' fees or court costs accrued during mediation or any Iegal action regarding this
INTERLOCAL AGREEMENT BETWEEN CITY OF EDMONDS
AND SNO-ISLE INTERCOUNTY RURAL LIBRARY DISTRICT
FOR LIBRARY REPAIR AND UPGRADE PROJECTS 7 Of 10
Agreement.
14. Notices.
All notices required to be given by any party to the other party under this Agreement shall
be in writing and shall be delivered either in person, by United States mail, or by electronic mail
(email) to the applicable Administrator or the Administrator's designee. Notice delivered in person
shall be deemed given when accepted by the recipient. Notice by United States mail shall be
deemed given as of the date the same is deposited in the United States mail, postage prepaid, and
addressed to the Administrator, or their designee, at the addresses set forth in Section 3 of this
Agreement. Notice delivered by email shall be deemed given as of the date and time received by
the recipient.
15. Miscellaneous.
15.1 Entire A eemenr Amendment. This Agreement constitutes the entire agreement
between the parties regarding the subject matter hereof, and supersedes any and all prior oral or
written agreements between the parties regarding the subject matter contained herein, except those
attached hereto as Attachments A and S. This Agreement may not be modified or amended in
any manner except by a written document executed with the same formalities as required for this
Agreement and signed by the party against whom such modification is sought to be enforced.
15.2 Conflicts between Attachments and Text. Should any conflicts exist between any
attachment hereto and the text or main body of this Agreement, the text or main body of the
attachment_shall prevail.
15.3 Governing Law and Vence. This Agreement shall be governed by and enforced
in accordance with the laws of the State of Washington. The venue of any action arising out of this
Agreement shall be in the Superior Court of the State of Washington, in and for Snohomish
County. In the event that a lawsuit is instituted to enforce any provision of this Agreement, the
prevailing party shall be entitled to recover all costs of such a lawsuit, including reasonable
attorney's fees.
15.4 Interpretation. This Agreement and each of the terms and provisions of it are
deemed to have been explicitly negotiated by the parties, and the language in all parts of this
Agreement shall, in all cases, be construed according to its fair meaning and not strictly for or
against either of the parties hereto. The captions and headings in this Agreement are used only for
convenience and are not intended to affect the interpretation of the provisions of this Agreement.
This Agreement shall be construed so that wherever applicable the use of the singular number shall
include the plural number, and vice versa, and the use of any gender shall be applicable to all
genders.
15.5 Severabiliky. If any provision of this Agreement or the application thereof to any
person or circumstance shall, for any reason and to any extent, be found invalid or unenforceable,
the remainder of this Agreement and the application of that provision to other persons or
rNTERLOCAL AGREEMENT BETWEEN CITY OF EDMONDS
AND SNO-ISLE INTERCOUNTY RURAL LIBRARY DISTRICT
FOR LIBRARY REPAIR AND UPGRADE PROJECTS 8 of 10
circumstances shall not be affected thereby, but shall instead continue in full force and effect, to
the extent permitted by law.
15.6 No Waiver. A party's forbearance or delay in exercising any right or remedy with
respect to a Default by the other party under this Agreement shall not constitute a waiver of the
Default at issue. Nor shall a waiver by tither party of any particular Default constitute a waiver of
any other Default or any similar future Default.
15.7 No Assignment. This Agreement shall not be assigned, either in whole or in part,
by either party without the express written consent of the other party, which may be granted or
withheld in such parry's sole discretion. Any attempt to assign this Agreement in violation of the
preceding sentence shall be null and void and shall constitute a Default under this Agreement.
15.8 Warranty of Authority. Each of the signatories hereto warrants and represents
that they are competent and authorized to enter into this Agreement on behalf of the party for
whom they purport to sign this Agreement.
15.9 No Joint Venture. Nothing contained in this Agreement shall be construed as
creating any type or manner of partnership, joint venture or other joint enterprise between the
parties.
15.10 No Se Grate Entity NecessMy. The parties agree that no separate legal or
administrative entities are necessary to carry out this Agreement.
15.11 Ownership -of Property. Except as expressly provided to the contrary in this
Agreement, any real or personal property used or acquired by either party in connection with its
performance under this Agreement shall remain the sole property of such party, and the other party
shall have no interest therein.
15.12 No Third Pqrty Beneficiaries. This Agreement and each and every provision
hereof is for the sole benefit of the City and the Library District. No other persons or parties shall
be deemed to have any rights in, under or to this Agreement.
15.13 Execution in Counterparts. This Agreement may be executed in two or more
counterparts, each of which shall constitute an original and all of which shall constitute one and
the same agreement.
[Signatures on Following Page]
INTERLOCAL AGREEMENT BETWEEN CITY OF EDMONDS
AND SNO-ISLE INTERCOUNTY RURAL LIBRARY DISTRICT
FOR LIBRARY REPAIR AND UPGRADE PROJECTS 9 of 10
IN WITNESS WHEREOF, the parties have executed this Agreement as of the later date
written below.
CITY OF EDMONDS:
Mik
plf4elson, Mayor
Date
Attest/Authenticated:
Scott Passey
Scott Passey, City Clerk
Approved as to Form:
Sharon Cates
Office of the City Attorney
Signature: SwC'�d
Email: sharon@lighthouselawgroup.com
Signature:
Email: lthompson@sno-isle.org
Signature: if D a
lollLangerThwnpSWI �1.1ay 13. 20t 11:18 P07)
Email: lthompson@sno-isle.org
INTERLOCAL AGREEMENT BETWEEN CITY OF EDMONDS
AND SNO-ISLE INTERCOUNTY RURAL LIBRARY DISTRICT
FOR LIBRARY REPAIR AND UPGRADE PROJECTS
SNO-ISLE INTERCOUNTY RURAL
LIBRARY DISTRICT:
Lois Langer Thompson
Lois Langer Thompson,
Executive Director
May 13, 2023
Date
of
Signature: ��
Email: Mich l.Nelson@edmondswa.gov
Signature:
Email: scott.passey@edmondswa.gov
10 of 10
20230512142725
Final Audit Report
Created: 2023-05-13
By: Michelle Martin (Michelle.Martin@edmondswa.gov)
Status: Signed
Transaction ID: CBJCHBCAABAA3xQlueY157ssCbGH6Vh-P5zuyRpEndvl
"20230512142725" History
Document created by Michelle Martin (Michelle.Martin@edmondswa.gov)
2023-05-13 - 7:44:12 AM GMT- IP address: 74.112.48.2
Document emailed to Ithompson@sno-isle.org for signature
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2023-05-15
-;; Signer Ithompson@sno-isle.org entered name at signing as lois Langer Thompson
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65U Document e-signed by lois Langer Thompson (Ithompson@sno-isle.org)
Signature Date: 2023-05-13 - 6:18:31 PM GMT - Time Source: server- IP address: 50.123.66.191
P4 Document emailed to Scott Passey (scott.passey@edmondswa.gov) for signature
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-t, Document e-signed by Scott Passey (scott.passey@edmondswa.gov)
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Agreement completed.
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