HomeMy Public PortalAboutResolution No. 23-012 - Resolution authorizing RFP for agent of recordSponsored by: Interim City Manager
RESOLUTION NO. 23-012
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE
INTERIM CITY MANAGER TO ISSUE A REQUEST FOR
PROPOSALS (RFP) FOR AN AGENT OF RECORD FOR
GENERAL LIABILITY, CYBER LIABILITY, AUTO
LIABILITY AND PHYSICAL DAMAGE, PROPERTY, AND
WORKERS COMPENSATION INSURANCE FOR THE CITY;
PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, as a result insurance market conditions to include an increase in
the City of Opa-Locka's ("City") insurable property for all City assets and an
unfavorable claims history the Fiscal Year 2023 insurance costs will approach $3.5
million for both premiums and deductibles; and
WHEREAS, the City desires to issue a Request for Proposals ("RFP") for an
Agent of Record from qualified and experienced firms to manage the process of
identifying the best qualified insurance company to provide General Liability, Cyber
Liability, Auto Liability and Physical Damage, Property and Workers Compensation
insurance coverage for the City, as set forth in the RFP, attached hereto as Exhibit
"A"; and
WHEREAS, the City Commission authorizes the City Manager to issue an
RFP for General Liability, Cyber Liability, Auto Liability and Physical Damage,
Property, and Workers Compensation Insurance and in the best interests of the City.
NOW THEREFORE BE IT RESOLVED THAT THE CITY COMMISSION
OF THE CITY OF OPA LOCKA, FLORIDA:
Section 1. Recitals. The recitals to the preamble herein are incorporated by
reference.
Section 2. Authorization of Interim City Manager. The City Commission of
the City of Opa-Locka hereby authorizes the Interim City Manager to issue an
RFP for an Agent of Record for the provision of General Liability, Cyber
Liability, Auto Liability and Physical Damage, Property, and Workers
Compensation Insurance in the form attached hereto as Exhibit "A."
Resolution No. 23-012
Section 3. Sections of this Resolution may be renumbered or re -lettered
and corrections of typographical errors, which do not affect the intent of this
Resolution may be authorized by the Interim City Manager, following review
by the City Attorney, without need of public hearing, by filing a corrected
copy of same with the City Clerk.
Section 4. Effective Date. This Resolution shall take effect upon the
adoption and is subject to the approval of the Governor or Governor's
Designee.
PASSED AND ADOPTED this 25th day of Janua 2023.
ATTEST:
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
nna Flores, City Clerk
B nad- e Nor is -Weeks, P.A.
Ci • ttorney
Moved by: Commissioner Kelley
Seconded by: Vice Mayor Ervin
VOTE: 5-0
Commissioner Bass YES
Commissioner Kelley YES
Commissioner Williams YES
Vice Mayor Ervin YES
Mayor Taylor YES
John T lor, Mayor
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City of Opa-locka
RFP NO: 23-XXXXXXX
REQUEST FOR PROPOSAL (RFP)
AGENT OF RECORD
GENERAL LIABILITY, CYBER LIABILITY,
AUTOMOBILE LIABILITY AND PHYSICAL DAMAGE,
PROPERTY, AND WORKERS COMPENSATION AND
EMPLOYER LIABILITY COVERAGES
CITY OF OPA-LOCKA REQUEST FOR PROPOSALS
RFP NO: 23-XXXXXXX
Agent of Record for Brokerage/Agency Firm for General Liability, Cyber Liability,
Automobile Liability and Physical Damage, Property, and Workers Compensation
and Employer Liability Coverages
Sealed Proposals for Agent of Record for said insurance services will be received by the City of Opa-
locka at the Office of the City Clerk, 780 Fisherman St, 4th Floor, Opa-locka, Florida 33054, February,
28, 2023 by 1:00 p.m. Any RFP Package received after the designated closing time will be returned
unopened. The City of Opa-locka will be accepting proposals by mail, however it is your responsibility
to submit your proposal by the due date. In addition, proposals may be submitted via
www.demandstar.com (e -bid). The address to submit sealed proposals is listed below:
CITY OF OPA-LOCKA
Office of the City Clerk
780 Fisherman Street, 4th Floor
Opa-locka, Florida 33054
An original and six (6) copies for a total of seven (7) plus 1 copy of the Proposal package on USB Flash
Drive in PDF format shall be submitted in sealed envelopes/packages addressed to the City Clerk,
City of Opa-locka, Florida, and marked RFP for Agent of Record for Brokerage/Agency Firm for
Brokerage/Agency Firm for General Liability, Cyber Liability, Automobile Liability
and Physical Damage, Property, and Workers Compensation and Employer Liability
Coverages.
Proposers desiring information for use in preparing proposals may obtain a set of such documents by
visiting the City's website at www.opalockafl.gov or www.demandstar.com.
The City reserves the right to accept or reject any and all proposals and to waive any technicalities or
irregularities therein. The City further reserves the right to award the contract to that proposer whose proposal
best complies with the RFP NO: 23-XXXXXXX requirements. Proposers may not withdraw their proposal
for a period of ninety (90) days from the date set for the opening thereof.
A Mandatory pre -bid meeting will be held on Tuesday, February 7, 2023 at 11:00 a.m. at 780 Fisherman
Street, 4th Floor, Opa-locka, FL 33054 and via Microsoft Teams.
Joanna Flores, CMC
City Clerk
1-3. Number of Copies: Proposers shall submit an original and six (6) copies (a total of 7)
plus one copy on USB flash drive in PDF format of the proposal in a sealed, opaque package
marked as noted above. The Proposer will be responsible for timely delivery, whether by personal delivery,
US Mail or any other delivery medium.
1-4. Development Costs: Neither the City nor its representatives shall be liable for any expenses
incurred in connection with preparation of a response to this Request for Proposal. Proposers
should prepare their proposals simply and economically, providing a straightforward and concise
description of the Proposer's ability to meet the requirements of the RFP.
1-5. Inquiries: The City Clerk will receive written requests for clarification concerning the meaning
or interpretations of the RFP, until eight (8) days prior to the submittal date. City personnel are
authorized only to direct the attention of prospective Proposers to various portions of the RFP so
that they may read and interpret such for themselves. No employee of the City is authorized to
interpret any portion of this RFP or give information as to the requirements of the RFP in addition
to what is contained in the written RFP document.
1-6. Addendum: The City may record its response to inquiries and any supplemental instructions
in the form of written addenda. The City may mail written addenda up to three (3) calendar days
before the date fixed for receiving the proposals. Proposers shall contact the City to ascertain
whether any addenda have been issued. Failure to do so could result in an unresponsive proposal.
Any oral explanation given before the RFP opening will not be binding.
All Proposers are expected to carefully examine the proposal documents. Any ambiguities or
inconsistencies should be brought to the attention of the City's Purchasing Agent through written
communication prior to the opening of the proposals.
1-7. Contract Awards: The City anticipates entering into an Agreement with the Proposer who
submits the proposal judged by the City to be most advantageous.
The Proposer understands that this RFP does not constitute an offer or an Agreement with the
Proposer. An offer or Agreement shall not be deemed to exist and is not binding until proposals are
reviewed, accepted by appointed staff, the best proposal has been identified, approved by the
appropriate level of authority within the City and executed by all parties. The City anticipates that
the final Agreement will be in substantial conformance with this sample Agreement; nevertheless,
Proposers are advised that any Agreement may result from the RFP may deviate from the Sample
Agreement.
The City reserves the right to reject all proposals, to abandon the project and/or to solicit and re -
advertise for other proposals.
1-8. Contractual Agreement: This RFP and Consultant/Contractor proposal shall be included and
incorporated in the final award. The order of contractual precedence will be the Contract or
Agreement document, original Terms and Conditions, and Proposer response. Any and all legal
action necessary to enforce the award will be held in Miami -Dade County and the contractual
obligations will be interpreted according to the laws of Florida. Any additional contract or
agreement requested for consideration by the Proposer must be attached and enclosed as
part of the proposal.
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persons and affiliates who are disqualified from public contracting and purchasing processes
because they have been found guilty of a public entity crime. No public entity shall award any
contract to, or transact any business in excess of the threshold amount provided in Section
287.017 Florida Statutes for Category Two (currently $25,000) with any person or affiliated on the
"Convicted Vendor List" for a period of thirty-six (36) months from the date that person or affiliate
was placed on the "Convicted Vendor List" unless that person or affiliate has been removed from
the list. By signing and submitting the RFP proposal forms, Proposer attests that they have not been
placed on the "Convicted Vendor List".
1-15. Code Of Ethics: If any Proposer violates or is a party to a violation of the code of ethics of the
City of Opa-locka or the State of Florida with respect to this proposal, such Proposer may be
disqualified from performing the work described in this proposal or from furnishing the goods or
services for which the proposal is submitted and shall be further disqualified from submitting any
future proposals for work, goods or services for the City of Opa-locka.
1-16. Drug -Free Workplace: Preference shall be given to businesses with Drug -Free Workplace
(DFW) programs. Whenever two or more proposals which are equal with respect to price, quality,
and service are received by the City for the procurement of commodities or contractual services, a
proposal received from a business that completes the attached DFW form certifying that it is a DFW
shall be given preference in the award process.
1-17. Permits and Taxes: The Proposer shall procure all permits, pay all charges, fees, and taxes,
and give all notices necessary and incidental to the due and lawful execution of the work.
1-18. Protests: Protests of the plans, specifications, and other requirements of the request for
proposal and bids must be received in writing by the City Clerk's Office at least ten (10) working
days prior to the scheduled bid opening. A detailed explanation of the reason for the protest must
be included. Protests of the award or intended award of the bid or contract must be in writing and
received in the City Clerk's Office within seven (7) working days of the notice of award. A detailed
explanation of the protest must be included.
1-19. Termination for Convenience: A contract may be terminated in whole or in part by the City
at any time and for any reason in accordance with this clause whenever the City shall determine that
such termination is in the best interest of the City. Any such termination shall be affected by the
delivery to the contractor at least five (5) working days before the effective date of a Notice of
Termination specifying the extent to which performance shall be terminated and the date upon
which termination becomes effective. An equitable adjustment in the contract price shall be made
for the completed service, but no amount shall be allowed for anticipated profit on unperformed
services.
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B. LOSS CONTROL SERVICES
• Aid the City in improving its loss control program and strategies through educational
training, seminars, evaluation and semi-annual analysis of loss trends to aid staff in
mitigation/controlling losses; City is receptive to other measures.
C. ADMINISTRATIVE SUPPORT
• Assign designated staff member to City's account. This designee will work with City's
staff to manage City's account as it relates to matters pertaining to insurance
identified in this RFP.
• Provide insurance consultation service relative to coverage applicability or insurance
requirement upon City's request.
D. CLAIMS ADVOCACY
• Participate in claims review meetings when requested to ensure:
a) Accuracy of loss reserves
b) Pay
Qualified firms must demonstrate competence and experience in all areas of expertise required by
the scope of services.
2-2 PROPOSER QUALIFICATIONS
Adequate information and documentation must be provided in the Proposal to support or confirm
satisfaction of the required qualifications below:
• The Proposer shall have extensive experience, expertise and reliability in Municipal
Agent of Record services; established reputation, particularly with governmental clients;
Proposer must have a minimum of five (5) years of consecutive and successful experience
in the aforementioned areas.
• Proposer's track record in providing Agent of Record services to governmental agencies
as well as private entities (Please provide a list of current and relevant projects, including
client names, titles, phone numbers and email address. Please ensure that contact
information is current.)
• Demonstrate an overall combination of skills, prior work experience, business
reputation, and commitment to diversity.
2-3 TERM OF CONTRACT
The term of the contract is anticipated to be one fiscal year with a renewal of two one-year terms,
subject to negotiation of terms with the contractor and the concurrence of the City of Opa-locka City
Commission and availability of annual appropriation.
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3.2.5 Tab 4 - Project Approach
Describe in detail the proposal to fulfill the requirements of the scope of services listed in section
2.2 of this RFP.
3.2.6 Tab 5 - Experience and Qualifications
3.2.6.1 Specify the number of years the Proposer has been in business.
3.2.6.2 Identify the Proposer's qualifications to perform the services identified in this RFP
as listed in section 2-2 of the Scope of Services.
Include resumes, not exceeding one page each, of all key personnel who will be assigned to the City
for this project.
3.2.7 Tab 6 - Schedule
3.2.7.1 Include a timetable that identifies the amount of time required to complete each
component of the Program.
3.2.7.2 Indicate the earliest available start date for Proposer's project team.
3.2.7.3 Indicate the project completion date based on the date provided in 3.2.7.1.
3.2.8 Tab 7 - Pricing of Services
3.2.8.1 Fee basis should be an all-inclusive, base fee.
3.2.9 Tab 8 - References
3.2.9.1 List a minimum of three (3) references in Florida for which the Proposer has provided
Agent of Record services. Include the name of the organization, brief description of the
project, name of contact person telephone number and email address.
3.2.10 Tab 9 - Additional Forms
Proposers must complete and submit as part of its Proposal all of the following forms
and/or documents
• Proposer Qualifications
• Certification regarding debarment and suspension
• Drug Free workplace certification
• E -Verification
FAILURE TO SUBMIT ALL OF THE ABOVE REQUIRED DOCUMENTATION MAY DISQUALIFY
PROPOSER.
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Quality of Services / Technical Approach to the Scope of Work
1. High -quality level of services to be provided to the City.
2. Understanding of City needs.
3. Ability to convey a depth of understanding of the Scope of Work and the firm's
capacity to accomplish it successfully.
4. Conveyance of a willingness to work with City staff to maximize resources.
5. Approach to the Project and Methodology.
6. Technical Soundness of the proposal.
7. Applicability of the service offered.
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Cost Saving Initiatives
1. Development of long-range cost strategies.
2. Innovative ideas for cost containment.
3. Examples of cost -savings implementation for clients that may have saved
money.
25
Proposed Fee
1. Pricing Structure (If the Proposer's fee will be charged to selected insurance firm,
Proposer will be awarded 25 points in this category.)
2. Fee Schedule/Cost Proposal
3. Any other additional costs
25
TOTAL
100
4-3 ORAL PRESENTATIONS
Proposers may be required to make individual presentations to the City Selection Committee in
order to clarify their proposals. Only those firms with the highest rated scores in accordance with
the stated criteria and their weights will be invited to give oral presentations. However, the City has
the right to accept the best proposal as submitted, without discussion or negotiation.
If the City determines that such presentations are needed, a time and place will be scheduled for
oral presentations. Each Proposer shall be prepared to discuss and substantiate any of the areas of
the proposal submitted, and its qualifications to perform the specified services. During the oral
presentations, the Proposers should relate their discussion to the evaluation criteria, which will
include (but not be limited to) their approach to the project. The proposed Project Manager must
be in attendance.
The Evaluation Criteria may be changed for the oral presentation evaluation phase. References and
site visits (if completed) shall be included in the final evaluation criteria, along with other criteria
and weights as determined by the Selection Committee. Finalists will be informed as to the revised
criteria, if any, prior to their oral presentation.
Additionally, prior to award of an Agreement pursuant to this RFP, the City may require Proposers
to submit such additional information bearing upon the Proposer's ability to perform the services
in the Agreement as the City deems appropriate.
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RFP NO.23-XXXXXXX
PROPOSER QUALIFICATIONS
AGENT OF RECORD
FOR BROKERAGE/AGENCY FIRM FOR GENERAL LIABILITY, CYBER LIABILITY,
AUTOMOBILE LIABILITY AND PHYSICAL DAMAGE, PROPERTY, AND WORKERS
COMPENSATION AND EMPLOYER LIABILITY COVERAGE
The Proposer, as a result of this proposal, MUST hold a County and/or Municipal Contractor's
Occupational License in the area of their fixed business location. The following information MUST
be completed and submitted with the proposal to be considered:
1. Legal Name and Address:
Name:
Address:
City, State, Zip: Phone/Fax:
2. Check One: Corporation () Partnership () Individual ()
3. If Corporation, indicate:
Date of Incorporation: State in which Incorporated:
4. If an out-of-state Corporation, currently authorized to do business in Florida, give date of
such authorization:
5. Name and Title of Principal Officers Date Elected:
6. The length of time in business: years
7. The length of time (continuous) in business as a service organization in Florida:
years
8. Provide a list of at least three commercial or government references that the bidder has
supplied service/commodities meeting the requirements of the City of Opa-locka RFP during
the last twenty-four months.
9. A copy of County and/or Municipal Occupational License(s)
Note: Information requested herein and submitted by the Proposers will be analyzed by the City of Opa-locka and will be a factor considered in awarding
any resulting contract The purpose is to insure that the Contractors, in the sole opinion of the City of Opa-locka, can sufficiently and efficiently perform
all the required services in a timely and satisfactory manner as will be required by the subject contract If there are any terms and/or conditions that are
in conflict, the most stringent requirement shall apply.
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CITY OF OPA-LOCKA
CERTIFICATION REGARDING DEBARMENT, SUSPENSION
PROPOSED DEBARMENT AND OTHER MATTERS OF
RESPONSIBILITY
1. The Proposer certifies, to the best of its knowledge and belief, that the Proposer and/or any of its
Principals:
A. Are not presently debarred, suspended, proposed for debarment, or declared ineligible
for the award of contracts by any Federal agency.
B. Have not, within a three-year period preceding this offer, been convicted of or had a civil
judgment rendered against them for: commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract
or subcontract; violation of Federal or state antitrust statutes relating to the submission of
offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements, tax evasion, or receiving stolen property; and
C. Are not presently indicted for, or otherwise criminally or civilly charged by a
governmental entity with, commission of any of the offenses enumerated in paragraph 1-B
of this provision.
2. The Proposer has not, within a three-year period preceding this offer, had one or more contracts
terminated for default by any City, State or Federal agency.
A. "Principals," for the purposes of this certification, means officers; directors; owners;
partners; and persons having primary management or supervisory responsibilities within a
business entity (e.g., general manager; plant manager; head of a subsidiary, division, or
business segment, and similar positions). This Certification Concerns a Matter Within the
Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or
Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001,
Title 18, United States Code.
B. The Proposer shall provide immediate written notice to the Contracting Officer if, at any
time prior to contract award, the Proposer learns that its certification was erroneous when
submitted or has become erroneous by reason of changed circumstances.
C. A certification that any of the items in paragraph (a) of this provision exists will not
necessarily result in withholding of an award under this solicitation. However, the
certification will be considered in connection with a determination of the Proposer's
responsibility. Failure of the Proposer to furnish a certification or provide such additional
information as requested by the Contracting Officer may render the Proposer non-
responsive.
D. Nothing contained in the foregoing shall be construed to require establishment of a
system of records in order to render, in good faith, the certification required by paragraph
(a) of this provision. The knowledge and information of a Proposer is not required to exceed
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CITY OF OPA-LOCKA
RFP NO. 23-XXXXXXX
DRUG -FREE WORKPLACE CERTIFICATION FORM
Whenever two (2) or more bids/proposals, which are equal with respect to price, quality, and
service, are received by the CITY OF OPA-LOCKA for the procurement of commodities or contractual
services, a bid/proposal received from a business that certifies that it has implemented a drug -free
workplace program shall be given preference in the award process. In order to have a drug -free
workplace program, a business shall:
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession or use of controlled substances is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining a drug -free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed upon employees for
drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that are
under bid a copy of the statement specified in number (1).
4. In the statement specified in number (1), notify the employees that as a condition for
working on the commodities or contractual services that are under bid, the employee will
abide by the terms of the statement and will notify the employer of any conviction on or plea
of guilty or no contest to any violation of Chapter 893, Florida Statutes or of any controlled
substance law of the United States or any singular state, for a violation occurring in the
workplace no later than five (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community by any employee
who is so convicted.
6. Make a good faith effort to continue to maintain a drug -free workplace through
implementation of Section 287.087, Florida Statutes.
This Certification is submitted by the
(Name)
of
(Title/Position) (Company)
who does hereby certify that said Company has implemented a drug -free workplace program, which
meets the requirements of Section 287.087, Florida Statutes, which are identified in numbers (1)
through (6) above.
Date Sinariire
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NON-DISCRIMINATION AFFIDAVIT
I, the undersigned, hereby duly sworn, depose and say that the organization, business or
entity represented herein shall not discriminate against any person in its operations, activities or
delivery of services under any agreement it enters into with the City of Opa-locka. The same shall
affirmatively comply with all applicable provisions of federal, state and local equal employment
laws and shall not engage in or commit any discriminatory practice against any person based on
race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or
mental disability, political affiliation or any other factor which cannot be lawfully used as a basis for
service delivery.
By:
Title:
Sworn and subscribed before this
day of , 20
Notary Public, State of Florida
(Printed Name)
My commission expires:
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E -VERIFY FORM
Definitions:
"Contractor" means a person or entity that has entered or is attempting to enter into a contract with
a public employer to provide labor, supplies, or services to such employer in exchange for salary,
wages, or other remuneration.
"Subcontractor" means a person or entity that provides labor, supplies, or services to or for a
contractor or another subcontractor in exchange for salary, wages, or other remuneration.
Effective January 1, 2021, public and private employers, contractors and subcontractors will begin
required registration with, and use of the E -Verify system in order to verify the work authorization
status of all newly hired employees. Vendor/Consultant/Contractor acknowledges and agrees to
utilize the U.S. Department of Homeland Security's E -Verify System to verify the employment
eligibility of:
a) All persons employed by Vendor/Consultant/Contractor to perform employment duties
within Florida during the term of the contract; and
b) All persons (including sub-vendors/subconsultants/subcontractors) assigned by
Vendor/Consultant/Contractor to perform work pursuant to the contract with the
Department. The Vendor/Consultant/Contractor acknowledges and agrees that use of the
U.S. Department of Homeland Security's E -Verify System during the term of the contract isa
condition of the contract with the City of Opa-locka; and
Should vendor become successful Contractor awarded for the above -named project, by entering
into this Contract, the Contractor becomes obligated to comply with the provisions of Section
448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes but is not
limited to utilization of the E -Verify System to verify the work authorization status of all newly hired
employees, and requiring all subcontractors to provide an affidavit attesting that the subcontractor
does not employ, contract with, or subcontract with, an unauthorized alien. The contractor shall
maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to
termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract
must be terminated immediately. If this contract is terminated for a violation of the statute by the
Contractor, the Contractor may not be awarded a public contract for a period of 1 year after the date
of termination.
Company Name:
Authorized Signature:
Print Name:
Title:
Date:
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