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Nueces County Seal

NUECES COUNTY, TEXAS

COMMISSIONERS COURT AGENDA
 

*This meeting will have remote access; See instructions below:

 

NOTICE OF PUBLIC MEETING*


*Public Notice is hereby given that to the extent the Commissioners Court has distinguished between subjects for public deliberation and those for executive session deliberation, that practice has changed. The Commissioners Court is hereby notifying the public that any item listed anywhere on the agenda, if permitted by law, may be discussed in executive session. See Executive Session below.
 

 

APRIL 27, 2022

The Nueces County Commissioners Court will meet on the above date at 8:30 a.m. in the Commissioners Courtroom, 3rd floor, Nueces County Courthouse, 901 Leopard, Corpus Christi, Texas. Up to two (2) Court members may participate remotely.
 
BARBARA CANALES
COUNTY JUDGE
ROBERTO G. HERNANDEZ
COMMISSIONER, PRECINCT NO. 1
JOE A. GONZALEZ
COMMISSIONER, PRECINCT NO. 2
JOHN MAREZ
COMMISSIONER, PRECINCT NO. 3
BRENT CHESNEY
COMMISSIONER, PRECINCT NO. 4

KARA SANDS, CLERK OF THE COURT
 

INFORMATION ON THE COMMISSIONERS COURT AGENDA

PUBLIC COMMENT: Members of the public will have the opportunity to address the Commissioners Court during this section on any Agenda Item or any subject within its jurisdiction except a matter related to pending litigation. Each speaker should sign in on the Public Comment Sheet available at the rear of the Courtroom at least five (5) minutes before commencement of the Commissioners Court meeting. Speakers should limit their comments to two (2) minutes. The County Judge may, if he/she deems it necessary, limit both the number of speakers and the time allotted to each speaker. Under the law, the Commissioners Court may only take action on items specifically listed on the Agenda. Subject matter presented which is not part of the Agenda will be referred to the appropriate department for review and subsequent action. Materials submitted during public hearings will not be returned unless prior arrangements have been made through the County Clerk, with the approval of the County Judge. At least ten (10) copies of any document to be used by any speaker should be available for distribution. The speaker’s name and, if applicable, Agenda Item number should be clearly marked on such documents.

CONSENT AGENDA: At most meetings, the Commissioners Court establishes a Consent Agenda. It consists of those Agenda Items which are routine or non-controversial, and which neither a member of the Commissioners Court nor the public has asked to be pulled for discussion. Once the Commissioners Court has established the Consent Agenda, Agenda Items included on it will be voted upon in one vote, and will not be discussed separately unless requested by the County Judge, Commissioner, or a citizen.
 
EXECUTIVE SESSION: The Commissioners Court may go into Executive Session to discuss those matters listed anywhere on the Agenda or as otherwise permitted by law.

ADJOURNMENTS IN MEMORY: The Commissioners Court may adjourn the meeting in memory of deceased community leaders, County employees, and other distinguished persons. Requests for Adjournment in Memory may be made through any County Commissioner or the County Judge.
 
AUXILIARY AIDS OR SERVICES: Persons with disabilities who plan to attend this meeting of the Commissioners Court, and who may need special assistance, services or auxiliary aids, should contact the Office of the Nueces County Judge (361-888-0444) at least forty-eight (48) hours ahead of the meeting so that appropriate arrangements can be made.
 
COMMISSIONERS, PRESENTERS, CONTRIBUTORS, AND PUBLIC ACCESS

The commissioners court members, public, presenters, contributors, and others may access the meeting and make public comment, by clicking the link below and registering prior to the calling of public comment at the beginning of the meeting.  Link to webpage instructions: https://www.nuecesco.com/remotepubliccomment


Click the link above for access to the virtual meeting link to join the live broadcast of Commissioners Court. You must join before public comment is called to attend the virtual meeting. Once in the meeting, you will be muted until it is time for public comment. During public comment, the name you submitted will be announced before unmuting you. Before speaking, you will be asked to state, for the record:
  • Your full name, and
  • Your address
   Or QR Code

 

 
             
1. CALL TO ORDER
 
A. County Judge calls for the Invocation.
 
B. Pledge of Allegiance to the United States of America and Texas Flags.
 
C. County Judge will call roll, note date, time, and location of meeting, and certify a quorum is present.
 
D. ANNOUNCEMENT ON DISCLOSURE OF CONFLICTS OF INTEREST: Any Conflicts of Interest or Appearance of a Conflict of Interest with items on this agenda shall be declared at this time. Members with conflicts will refrain from voting and are asked to refrain from discussion on such items. Conflicts discovered later in the meeting shall be disclosed at that time.
 
E. SAFETY BRIEFING
 
F. PUBLIC COMMENT: This section provides the public the opportunity to address the Commissioners Court on any issues within its jurisdiction. The Commissioners Court may not take formal action on any requests made during the Public Comment period which are not on the Agenda, but can refer such requests to County staff for review if appropriate.
 
G. Adopt the following Resolution(s), Proclamation(s), and/or Order(s):
 
1.   In recognition of the Flour Bluff Girls Basketball Team. Click to View
 
Attachments
Flour Bluff Girls Basketball Resolution
 
2.   In recognition of the London Girls Basketball Team. Click to View
 
Attachments
London Girls Basketball Resolution
 
3.   In recognition of the Robstown High School Powerlifting Team State Championship 2022. Click to View
 
Attachments
Robstown H.S. Powerlifting State Championship 2022
 
4.   In recognition of National Correctional Officers and Employees Week, May 1-7, 2022. Click to View
 
Attachments
Resolution-National Correctional Officers and Employees Week 2022
 
5.   In recognition of National Police Week, May 11-17, 2022. Click to View
 
Attachments
Resolution-National Police Week 2022
 
6.   In recognition of the month of May 2022 as Mental Health Awareness Month. Click to View
 
H. GENERAL INFORMATION REPORTS:
 
1. Discuss disaster preparedness and response, including matters related to COVID-19, Emergency Orders, severe weather, wildfires, flooding, drainage, economic recovery, state and federal assistance, American Rescue Plan Act (ARPA), Emergency Rental Assistance Program (ERAP), and infrastructure status, and other related matters.
 
I. Accept the following Minutes:
 
1.   April 19, 2022
April 20, 2022
Click to View
 
Attachments
04-19-2022 Minutes
04-20-2022 Minutes
 
2. CONSENT AGENDA: The following Agenda Items are of a routine nature, and the Commissioners Court has received supporting materials for consideration. All of these Agenda Items will be passed with one vote without being discussed separately, unless a member of the Commissioners Court or the public requests that a particular Agenda Item be discussed. If so, that Agenda Item will be pulled from the Consent Agenda and discussed as part of the regular Agenda at the appropriate time. One vote will approve the remaining items on the Consent Agenda.
 
A.   Authorize payment of bills - regular bill summaries dated April 29, 2022; and receive check registers of payments on vendor exception list dated April 08, 2022, April 14, 2022, and April 15, 2022, and previously approved special motions payments dated April 14, 2022. Click to View
 
Attachments
CK Reg - Regular 04-29-22.pdf
CK Reg - Exception List 04-08-22.pdf
CK Reg - Exception List 04-14-22.pdf
CK Reg - Exception List 04-15-22.pdf
CK Reg - Special Motions 04-14-22.pdf
 
B.   Authorize payment of bills - manual check registers dated April 05, 2022, to April 19, 2022. Click to View
 
Attachments
Manual CK Reg.pdf
 
C.   Authorize payment of bills - Special Motions List, and Special Motion List - Banc of America Public Capital Corp dated April 27, 2022. Click to View
 
Attachments
Special Motions Regular - List.pdf
Special Motions Regular - Backup.pdf
Special Motions BOA - List.pdf
Special Motions BOA - Backup.pdf
 
D.   Authorize payment of bills - group health insurance claims and fees by Boon Chapman dated April 05 and 12, 2022; and for the month of March 2022. Click to View
 
Attachments
Group Health Weekly.pdf
Group Health Monthly Mar 22.pdf
 
E.   Accept the following "Outside Agency" Reports for FY 2020-2021:
1. Franco's Pride Boxing Club
2. Nueces County Junior Livestock Show
3. Timon's Ministries 
Click to View
 
Attachments
Franco's Pride Boxing Club - FY20/21 Report
NC Junior Livestock Show - FY20/21 Report
Timon's Ministries - FY20/21 Report
 
F.   Approve the following "Outside Agency" Contracts for FY 2021-2022:
1.  American Red Cross Coastal Bend-Texas Chapter - Total - $1,000
     Commissioner Pct. 1 - $500; Commissioner Pct. 3 - $500
2.  Franco's Pride Boxing Club - Total - $2,700
     Commissioner Pct. 1 - $1,200; Commissioner Pct. 3 - $1,500
3.  Nueces County Junior Live Stock Show - Total - $3,500
     County Judge - $1,000; Commissioner Pct. 1 - $1,500; Commissioner Pct. 3 - $1,000
4.  Timon's Ministries - Commissioner Pct. 4 - $1,000
5.  Westside Helping Hand - Total - $2,800
     County Judge - $1,000; Commissioner Pct. 1 - $1,000; Commissioner Pct. 2 - $800    
Click to View
 
Attachments
American Red Cross - Coastal Bend Chapter - FY21/22 Contract
Franco's Pride Boxing Club - FY21/22 Contract
Nueces County Junior Live Stock Show - FY21/22 Contract
Timon's Ministries - FY21/22 Contract
Westside Helping Hand - FY21/22 Contract
 
G.   Accept filing of annual continuing education for Kevin Kieschnick, Tax Assessor-Collector. Click to View
 
Attachments
Kevin Education
 
H.   Approve resolution in support of Texas Indigent Defense Commission (TIDC) Indigent Defense Improvement (Mental Health) Grant Program submission. Click to View
 
Attachments
Resolution-TIDC Grant Program
 
I.   Approve grant application to the Texas General Land Office for a Projects of Special Merit Grant. Click to View
 
J.   Approve application procedure for Nueces County Beach Management Advisory Committee. Click to View
 
K.   Approve method of procurement (request for proposals) for Nueces County Sheriff’s Office Jail Transport Services; authorize Purchasing Agent to publish a notice; and adopt an Order delegating selection to an Evaluation Committee. Click to View
 
Attachments
Order for RFP Jail Transport Services
 
L.   Approve method of procurement (request for proposals) for Janitorial Services; authorize Purchasing Agent to publish a notice; and adopt an Order delegating selection to an Evaluation Committee. Click to View
 
Attachments
Order for RFP Janitorial Services
 
M.   Receive Racial Profiling Report as required by the Criminal Code of Procedure articles 2.133 and 2.134 for Constable Pct. 2. Click to View
 
Attachments
Racial Profiling Report - Constable Pct. 2
 
N.   Receive notices of applications to the Texas Department of Housing and Community Affairs related to Affordable Housing Applications. Click to View
 
Attachments
Notification of Submission for Affordable Housing Application
Notice Arx Advantage
 
O.   Authorize execution of Notification of FY 2021 Funding (Street Improvement Fund), as presented by the Regional Transportation Authority. Click to View
 
Attachments
Letter Requesting List of 2021 Projects
Notification for Additional Funding in 2021
 
P.   Authorize award and execution of agreement with JM Davidson, Ltd. for IFB No. 3194-22 Bob Hall Pier Demolition and Reef Placement. Click to View
 
Attachments
JM Davidson Agreement for IFB No. 3194-22
 
Q.   Authorize TIPS Cooperative Contract No. 200-206 purchase with Cooper Equipment Company for one (1) 2023 Etnyre Centennial Distributor for Public Works. Click to View
 
Attachments
Cooper Equipment Quote
 
R.   Appoint Tommie Lee as Presiding Judge and Steve Garza Jr. as Alternate Judge for the Central Counting Station for the Joint Constitutional Election on Saturday, May 7, 2022. Click to View
 
S.   Authorize County Judge to execute all documents as reviewed and approved by County Attorney as may be necessary to complete the sale of Nueces County’s real property located at 430 N. Alister Street, Port Aransas, Texas, and related matters. Click to View
 
3. REGULAR AGENDA:
 
A. AGENDA ITEMS
 
1.   Receive presentation of a check from Kevin Gibbs, Horticulture Agent, Texas Agrilife Extension Service, representing the number of volunteer hours given to the community by Agrilife Extension volunteers, including Master Gardeners and Master Naturalists, 4-H, Wellness volunteers, Youth Ambassadors and related matters. Click to View
 
2.   Receive presentation from Nueces County Mental Health and Intellectual Disabilities (NCMHID) regarding Certified Community Behavioral Health Center (CCBHC). Click to View
 
Attachments
CCBHC Presentation
 
3.   Receive presentation from City of Corpus Christi Parks and Recreation Department and HALFF & Associates, Inc., regarding 10-Year Parks and Recreation Master Plan. Click to View
 
Attachments
10-Year Master Plan
 
4.   Discuss and consider approving resolution in support of Corpus Christi Regional Transportation Authority exploration of grant opportunities (5339 (B) Grant) to finance Robstown Park and Ride Station and Maintenance Bus Barn Project to be constructed on County-owned property adjacent to the Richard M. Borchard Regional Fairgrounds Parking Lot. Click to View
 
Attachments
RTA-Request
CCRTA Resolution
 
5.   Discuss and consider approval of Supplemental Agreement No. 2 for a no-cost time extension to the Professional Services Contract with Advanced Construction Management related to the I.B. Magee Park Office Restoration Project.  Click to View
 
Attachments
Supplemental Agreement No. 2
 
6.   Discuss and consider approval of a Dune Protection Permit Exemption for a single-family residence with a pool DPP-202202-01e located at 102 Bikini Dr., Corpus Christi, TX.  Click to View
 
Attachments
BMAC Recommendation Memo
Letter from GLO
102 Bikini Dr.
 
7.   Discuss and consider Juvenile Justice Center repair/upgrade needs, including a second courtroom. Click to View
 
Attachments
ProposedCourtroomBuild-out
 
8.   Discuss and consider setting Commissioners Court meeting date to discuss plan for expenditure of American Rescue Plan Act (ARPA) funds, and related matters. Click to View
 
Attachments
May 2022 Calendar
 
9.   Discuss and consider allocation of American Rescue Plan Act (ARPA) funds as survivor benefits to surviving spouse of former Nueces County employee, Raul Salazar. Click to View
 
10.   Discuss and consider personal services agreement with Rey Fernandez, M.D. for interim Medical Examiner services. Click to View
 
11.   Discuss and consider personnel issues, including compensation package for incoming Medical Examiner, and related matters. Click to View
 
12.   Discuss and consider termination of Extension of Disaster Declaration resulting from flooding from Tropical Storm Hanna approved by Nueces County Commissioners Court on July 31, 2020, which remains active, but is no longer needed, and other related matters. Click to View
 
Attachments
Tropical Storm Hanna-Ext Disaster Declaration
 
13.   Discuss and consider termination of Extension of Disaster Declaration resulting from the threat on the 12th day of February 2021 related to prolonged freezing temperatures, possible heavy snow and possible freezing rain approved by Nueces County Commissioners Court on February 19, 2021, which remains active, but is no longer needed, and other related matters. Click to View
 
Attachments
Freezing Temp.Ext Disaster Declaration
 
14.   Discuss and consider termination of Extension of Declaration of Local Disaster Rain and Flooding that began on the 19th day of May 2021 and approved by Nueces County Commissioners Court on May 25, 2021, which remains active, but is no longer needed, and other related matters. Click to View
 
Attachments
Rain.Flooding May 19,2021 Ext Disaster Declaration
 
15.   Discuss and consider termination of Extension of Declaration of Local Disaster Rain and Flooding that began on the 7th day of July 2021 and approved by Nueces County Commissioners Court on July 14, 2021, which remains active, but is no longer needed, and other related matters. Click to View
 
Attachments
Rain.Flooding July 7,2021 Ext Disaster Declaration
 
16.   Discuss and consider terminating Nueces County Declaration of Disaster Due to Public Health Emergency originally signed March 13, 2020. Click to View
 
17.   Discuss and consider action regarding settlement demand in Case No. 2:21-CV-194; Daniel Benavidez v. Nueces County, et al.; In the United States District Court for the Southern District of Texas; Corpus Christi Division. Click to View
 
18.   Discuss and consider action regarding settlement demand in Case No. 2:21-CV-143; Adan Deleon v. Nueces County et al., In the United States District Court for the Southern District of Texas; Corpus Christi Division. Click to View
 
19.   Discuss and consider the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Human Resources Director, pursuant to Sec. 551.074 of the Texas Government Code. Click to View
 
21.   Discuss and consider whether Fire Marshal meets the job requirements as outlined in his job description when he was hired. Discuss and consider whether the current Nueces County Fire Marshal meets the requirements set out in the job description, and all related matters. Click to View
 
Attachments
Fire Marshall Job Description
 
22.   Discuss, consider and take action to add provision regarding Job Description of Nueces County Fire Marshal to require this position to report to the Nueces County Commissioner’s Court, through the Court Manager and any related matters. Click to View
 
Attachments
Fire Marshall Job Description
 
B. PUBLIC WORKS
 
1.   Discuss and consider Supplemental Agreement No. 2 for contract extension between Nueces County and Hanson Professional Services Inc. to provide stormwater management services associated with the county's Texas Pollutant Discharge Elimination System (TPDES) Multi-Sector General Permits (MSGPs) and Municipal Separate Storm Sewer System (MS4) permit. Click to View
 
Attachments
Unexecuted Supplemental Agreement No.2
Letter April 1, 2022-Hanson Professional Services
Debarment Statement & Verification Forms
Hanson Professional Service Contract 20200161-04-22-2020 4B1
 
2.   Discuss and consider approval of an amended temporary construction easement agreement between Kinder Morgan Tejas Pipeline LLC and Nueces County for a staging area while making repairs to an existing pipeline. Click to View
 
Attachments
Amended Temp Const. Easement Agreement
Pipeline Easement-Site Plan Exhibits A & B
Plan Drawing
 
3.   Discuss and consider approval of Change Order No. 4 with Phoenix I Restoration for the Nueces County Courthouse Exterior Wall Remediation Project. Click to View
 
Attachments
Change Order No. 4 Unexecuted
 
4.   Discuss the ABM Energy Saving Performance contract; determine course regarding the prioritization of project allocations; consider approval of Change Order No. 4 with ABM. Click to View
 
Attachments
ABM Change Order No. 4 - Nueces Alternate Scope Pricing Rev. 3
 
5.   Discuss and consider entering into an advance funding agreement with the Texas Department of Transportation (TxDOT) for the 2020 Highway Safety Improvement Program (HSIP) projects awarded to Nueces County; authorized recommending the letting (bidding) of the Nueces County HSIP Projects. Click to View
 
Attachments
2020 TXDOT HSIP Signature Sheet
Advance Funding Agreement - HSIP DRAFT
 
6.   Discuss and consider approval of an Amended Change Order No. 1 for the Nueces County Roadway Rehabilitation Projects County Road 67, County Road 69, County Road 77 & Bauer Road. Click to View
 
Attachments
Amended Change Order No. 1 Unexecuted
Original Change Order No. 1 Executed
 
7.   Discuss and consider execution of an American Institute of Architects (AIA) Service Contract with CLK Architects for accessibility improvements to various County facilities.
 
Click to View
 
Attachments
AIA Contract County Wide Accessability Project_CLK Unexecuted
Exhibit C - signed
 
C. PURCHASING
 
1.   Discuss and consider award and execution of agreement with Rochester Armored Car Services for IFB No. 3183-21 Armored Car Services. Click to View
 
Attachments
Rochester Armored agreement for IFB No. 3183-21
 
2.   Discuss and consider selection for CSP No. 3192-22 Infrastructure Construction for Emergency Generators at Courthouse, Main Jail and Jail Annex. Click to View
 
Attachments
CSP No. 3192-22 Proposal tab
 
3.   Authorize TASB BuyBoard Contract No. 616-20 purchase with Ricoh USA to lease five (5) copiers under Master Lease Agreement No. OS858. Click to View
 
Attachments
debarment_statement
HB89_verification
Product_Schedule
Order_Agreement
 
4.   Discuss and consider selection for IFB No. 3191-22 Heavy Equipment for Public Works. Click to View
 
Attachments
IFB No. 3191-22 Bid Tab
 
5.   Discuss and consider selection for RFP No. 3189-22 Consulting Services for the Hazard Mitigation Action Plan (HMAP) Update. Click to View
 
Attachments
RFP No. 3189-22 Proposal Tab
 
6.   Discuss and consider selection for RFP No. 3182-21 Disaster Debris Monitoring. Click to View
 
Attachments
RFP No. 3182-21 Proposal Tab
 
D. AUDITOR
 
1.   Receive presentation of the 2021-2022 Annual Comprehensive Financial Report to the court by Dale Atchley, Nueces County Auditor. Click to View
 
Attachments
2021 Annual Comprehensive Financial Report A.pdf
ACFR presentation.pptx
 
2.   Approve Monthly Financial Report for the month of September 2021. Click to View
 
Attachments
MFR SEP 2021w/ pcard.pdf
FY 20.21 Pcard Food Trans.pdf
FY 21.22 Pcard Food Trans.pdf
Pcard holders list.pdf
 
3.   Approve Budget Change Order No. 11 for Fiscal Year 2021-2022. Click to View
 
Attachments
BCO#11 List.pdf
BCO#11 Backup.pdf
 
4.   Approve Capital Project Budget Change Order No. 108. Click to View
 
Attachments
CPBCO#108 List.pdf
CPBCO#108 Backup.pdf
 
E. HUMAN RESOURCES
 
1.   Discuss and consider a pay increase for the Grants Writer position in the Grants Administration department. Click to View
 
2.   Discuss and consider selection of an applicant to fill the position of Public Information Officer. Click to View
 
F. INFORMATION TECHNOLOGY
 
1.   Discuss and consider funding of the Information Technology infrastructure project providing for updated network components, updated datacenter, and enhanced cybersecurity; Approve finding for method of procurement (Request for Competitive Bid) for Cybersecurity Equipment and authorize Purchasing Agent to publish notice. Click to View
 
Attachments
arpasub
 
2.   Discuss and consider purchase of SoftCode County Law Enforcement Civil Service Management & Reporting Application and eCitation County Law Enforcement Civil Service Management & Reporting Application. Click to View
 
Attachments
Softcode Quote
E-Citation Quote
 
4. EXECUTIVE SESSION: PUBLIC NOTICE is given that the Commissioners Court may elect to go into an Executive Session anytime during the meeting to discuss matters listed anywhere on the Agenda, when authorized by the provisions of the Open Meetings Act, Chapter 551 of the Texas Government Code. To the extent there has been a past practice of distinguishing items for public deliberation and those for executive session, the public is advised that the Court is departing from that practice, and reserves the right to discuss any listed agenda items in executive session when authorized by law to do so. In the event the Commissioners Court elects to go into Executive Session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the Executive Session will be publicly announced by the presiding officer. In accordance with the authority of the Government Code, Vernon’s Texas Codes, Sections 551.071, 551.072, 551.073, 551.074, 551.0745, 551.076, 551.086, 551.087, the Commissioners Court will hold an Executive Session to consult with attorney(s) including matters related to litigation; deliberate regarding real property, prospective gift(s), personnel matters, including termination, county advisory bodies, security devices, and/or economic development negotiations and other matters that may be discussed in an Executive Session. Upon completion of the Executive Session, the Commissioners Court may in an open session take such action as appropriate on items discussed in an Executive Session.
 
A.   Conduct interviews of applicants for position of Public Information Officer. Click to View
 
B.   Consult with County Attorney regarding legal matters related to the Job Description of Nueces County Fire Marshall to require this position to report to the Nueces County Commissioner’s Court, through the Court Manager, and any related matters. Click to View
 
C.   Consult with County Attorney regarding legal issues related to the Nueces County Personnel Manual process for evaluation and termination of Nueces County Employees. Click to View
 
D.   Consult with the County Attorney on Case No. 2:21-CV-194; Daniel Benavidez v. Nueces County, et al.; In the United States District Court for the Southern District of Texas; Corpus Christi Division; discuss and consider Plaintiff’s settlement demand; discuss status of case; and related matters. Click to View
 
E.   Consult with the County Attorney on Case No. 2:21-CV-143; Adan Deleon v. Nueces County et al., In the United States District Court for the Southern District of Texas; Corpus Christi Division; discuss and consider Plaintiff’s settlement demand; discuss status of case; and related matters. Click to View
 
F.   Consult with County Attorney and/or outside counsel regarding retaliatory actions taken against elected officials' employees. Click to View
 
G.   Consult with County Attorney and/or outside counsel regarding Constable Precinct No. 1 activities with Commissioners Court members and related matters. Click to View
 
Adjournment in Memory (upon request)

    

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