7.2 EDSR 06-17-2024The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community
engagement that encourages and inspires prosperity
Request for Action
To
Economic Development Authority
Item Number
7.2
Meeting Date
June 17, 2024
Prepared By
Joshua Mollan, Economic Development Specialist
Item Description
Public Art Agreement
Reviewed by
Brent O'Neil
Cal Portner
Action Requested
Approve, by motion, a professional services agreement between the EDA and Carey Dean.
Background/Discussion
At its March meeting, the EDA supported moving forward with the public art project "Where Energy Flows"
by Carey Dean. Staff will show Carey around FT Center in June to determine final art placement as well as for
her to sign her portion of the professional services agreement. Per the agreement, $8,000 will be due to
Carey upon signing, with the remaining $12,000 to be paid upon completion of the project. The project is
projected to have funding from the following sources:
• The EDA has approved contributing $10,000 to the project.
• Central Minnesota Arts Board (CMAB) has approved granting $8,000 to the project. CMAB will
pay out 80% ($6,400) of the grant to the EDA soon after staff provides the executed PSA. The
remaining 20% ($1,600) will be paid to the EDA after completion and acceptance of the final report
which will be completed by staff.
• The remaining $2,000 is available for willing business sponsors.
Financial Impact
$20,000 in EDA outlays. $10,000 from EDA funds, $8,000 from CMAB, and $2,000 in private contributions.
Mission/Policy/Goal
Support Elk River’s existing businesses through relationship building, programmatic offerings, and high quality
city services.
Attachments
1. EDA Carey Dean Agreement
2. Carey Dean Packet
Page 88 of 104
EL185-13-668416.v5
PROFESSIONAL SERVICES AGREEMENT
BETWEEN: Economic Development Authority of the City of Elk River
AND: Carey Dean
EFFECTIVE DATE: June __, 2024
This Professional Services Agreement (this “Agreement”) is made this __ day of June, 2024, by
and between the Economic Development Authority of the City of Elk River , a public body corporate and
politic under laws of the State of Minnesota, hereinafter referred to as the “EDA”, and Carey Dean,
hereinafter referred to as the “Consultant”:
RECITALS
A. The Consultant is engaged in the business of providing professional public art design, documentation,
fabrication, and installation services.
B. The EDA desires to engage the Consultant to provide the services described in this Agreement and the
Consultant is willing to provide such services on the terms and conditions set forth herein.
AGREEMENT
1. Services to be Provided. The Consultant agrees to provide the EDA with public art design,
documentation, fabrication, and installation services as set forth in the Scope of Work proposal, all
attached hereto as Exhibit A (the “Work”). All Work shall be provided in a manner consistent
with the level of care and skill ordinarily exercised by professionals currently providing similar
services.
2. Term for Completion. This Agreement shall remain in force and effect commencing from
June ___, 2024 and continuing until the completion of the Work not later than May 9, 2025 in
accordance with the timeline set forth in Exhibit A, unless terminated by the EDA or amended
pursuant to this Agreement.
3. Consideration. The consideration, which the EDA shall pay to the Consultant, for both the Work
performed by the Consultant and the expenses incurred by the Consultant in performing the Work,
shall not exceed $20,000 in accordance with the budget set forth in Exhibit A. The EDA shall pay
the Consultant 40% or $8,000 for upfront costs for materials upon execution of this Agreement.
The final 60% or $12,000 will be paid upon installation of the work.
4. Approvals. The Consultant will secure the written approval of the EDA’s Executive Director
before making any expenditures, purchases, or commitments on the EDA’s behalf or before
releasing any material to the media.
5. Termination. Notwithstanding any other provision hereof to the contrary, this Agreement may be
terminated as follows:
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a. The parties, by mutual written agreement, may terminate this Agreement at any time.
b. The Consultant may terminate this Agreement in the event of a material breach of this
Agreement by the EDA upon providing 7 days’ written notice to the EDA.
c. The EDA may terminate this Agreement upon providing 7 days’ written notice to the
Consultant at any time at its option, for any reason, or no reason at all.
In the event of a termination, the EDA will reimburse the Consultant for all costs of materials or
other expenses incurred prior to the date of termination and pay the Consultant just and equitable
compensation for any satisfactory Work performed to the date of termination. The EDA is entitled
to any work product produced by the Consultant that is paid for by the EDA pursuant to this
provision.
6. Amendments. No amendments may be made to this Agreement except in writing signed by both
parties.
7. Remedies.
a. In the event of a termination of this Agreement by the EDA, the EDA and the Consultant
will endeavor in good faith to find a reasonable solution in an effort to bring the work to
completion with regards to the Consultant’s copyright as creator/designer of the work. This
remedy, which will be mutually agreed upon, must be approved by the Consultant as
subsequent contractors will provide services that represent the Consultant’s brand.
b. If no agreement can be reached, the EDA shall be entitled to exercise any one or more other
legal or equitable remedies available because of the Consultant’s breach.
8. Records/Inspection. Pursuant to Minnesota Statutes § 16C.05, Subd. 5, the Consultant agrees that
the books, records, documents, and accounting procedures and practices of the Consultant, that are
relevant to this Agreement or the Work, are subject to examination by the EDA and the state auditor
or legislative auditor for a minimum of 6 years. The Consultant shall maintain such records for a
minimum of 6 years after final payment.
9. Indemnification. To the fullest extent permitted by law, the Consultant, and the Consultant's
successors or assigns, agree to indemnify and hold harmless the EDA and the City of Elk River,
Minnesota (the “City”), their officers, agents, and employees from all claims, suits, or actions of
any kind, nature, or character, and the reasonable costs, disbursements, and expenses of defending the
same, including but not limited to, reasonable attorneys’ fees, consulting project management services,
and other technical, administrative or professional assistance to the extent caused by the negligence,
breach of contract or willful misconduct of the Consultant or its subcontractors, agents, or employees
under this Agreement or arising out of the failure to obtain or maintain the insurance required by this
Agreement. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or
limitation on liability to which the EDA or the City is entitled. The parties agree that these
indemnification obligations will survive the completion or termination of this Agreement.
10. Insurance. The Consultant will maintain insurance coverage for general, professional and
products liability satisfactory to the EDA.
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11. Subcontracting. Nothing contained in this paragraph shall prevent the Consultant from employing
such independent consultants, associates, and subcontractors, as it may deem appropriate to assist
it in the performance of services hereunder. Notwithstanding the foregoing, the Consultant may
retain, at its expense, the services of consultant) for the Work.
12. Assignment. Neither the EDA nor the Consultant shall assign this Agreement or any rights under
or interest in this Agreement, in whole or in part, without the other party’s prior written consent.
Any assignment in violation of this provision is null and void. Unless specifically stated to the
contrary in any written consent to an assignment, no assignment will release or discharge the
assignor from any duty or responsibility under this Agreement.
13. Independent Contractor. The Consultant shall be deemed an independent contractor. The
Consultant’s duties will be performed with the understanding that the Consultant has special
expertise as to the services which the Consultant is to perform and is customarily engaged in the
independent performance of the same or similar services for others. The manner in which the
services are performed shall be controlled by the Consultant; however, the nature of the services
and the results to be achieved shall be specified by the EDA. The Consultant is not to be deemed
an employee or agent of the EDA or the City and has no authority to make any binding
commitments or obligations on behalf of the EDA or the City except to the extent expressly
provided herein. All services provided by the Consultant pursuant to this Agreement shall be
provided by the Consultant as an independent contractor and not as an employee of the EDA or the
City for any purpose, including but not limited to: income tax withholding, workers' compensation,
unemployment compensation, FICA taxes, liability for torts and eligibility for employee benefits.
14. Compliance with Laws. The Consultant shall exercise due professional care to comply with
applicable federal, state and local laws, rules, ordinances and regulations in effect as of the date the
Consultant agrees to provide the applicable services detailed in Exhibit A or any supplemental letter
agreement.
15. Notices. Any notices permitted or required by this Agreement shall be deemed given when
personally delivered or upon deposit in the United States mail, postage fully prepaid, certified,
return receipt requested, addressed to:
Consultant: Carey Dean
2015 131st Court NE
Blaine, MN 55449
EDA: Economic Development Authority of the City of Elk River
13065 Orono Parkway
Elk River, MN 55330
Attention: Executive Director
Or such other address as either party may provide to the other by notice given in accordance with
this provision.
16. Attorney Fees. In the event of any action to enforce or interpret this Agreement, the prevailing
party shall be entitled to recover from the losing party reasonable attorney fees incurred in the
proceeding, as set by the court, at trial, on appeal or upon review.
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17. Entire Agreement. This Agreement, any attached exhibits and any addenda or amendments signed
by the parties shall constitute the entire agreement between the EDA and the Consultant, and
supersedes any other written or oral agreements between the EDA and the Consultant. This
Agreement can only be modified in writing signed by the EDA and the Consultant.
18. Third Party Rights. The parties to this Agreement do not intend to confer on any third party any
rights under this Agreement.
19. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance
with the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this
Agreement shall be heard in the state or federal courts of Minnesota, and all parties to this
Agreement waive any objection to the jurisdiction of these courts, whether based on convenience
or otherwise.
20. Conflict of Interest. The Consultant shall use reasonable care to avoid conflicts of interest and
appearances of impropriety in representation of the EDA and the City. In the event of a conflict of
interest, the Consultant shall advise the EDA and either secure a waiver of t he conflict or advise
the EDA that it will be unable to provide the requested services. It is the intent of the Consultant
to refrain from handling advertising, digital, and public relations matters for any other person or
entity that may pose a conflict of interest.
21. Work Products and Ownership of Documents. Upon full payment for all amounts due
hereunder, all records, information, materials and other work products, including, but not limited
to the completed reports and the Work prepared and developed in connection with the provision of
services pursuant to this Agreement shall become the property of the EDA, but reproductions of
such records, information, materials and other work products in whole or in part may be retained
by the Consultant. The Consultant and its subconsultants shall not be responsible for the EDA’s
use of such work product and documents unless the Consultant is retained to provide professional
services in connection with such use.
22. Copyright: The Consultant expressly reserves every right available to him/her in common law or
under the Federal Copyright Act to control the making and dissemination of copies or reproductions
of the Work, except as those rights are limited by the Agreement. The Consultant shall not
unreasonably refuse the contracting agency and/or the EDA permission to reproduce the Work
graphically for purposes strictly for the sole use and benefit of the public. All reproductions of the
Work shall contain a credit to the Consultant and copyright notice substantially in the following
form: “Copyright, Consultant’s name, year of publication,” in such a manner and location as shall
comply with the U.S. Copyright laws.
23. Data Practices Act Compliance. Any and all data provided to the Consultant, received from the
Consultant, created, collected, received, stored, used, maintained, or disseminated by the Consultant
pursuant to this Agreement shall be administered in accordance with, and is subject to the requirements
of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, as amended. This
paragraph does not create a duty on the part of the Consultant to provide access to public data to the
public if the public data are available from the EDA, except as required by the terms of this Agreement.
24. No Discrimination. The Consultant agrees not to discriminate in providing products and services
under this Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual
orientation, status with regard to public assistance, or religion. Violation of any part of this provision
may lead to immediate termination of this Agreement.
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25. Authorized Agents. The EDA’s authorized agent for purposes of administration of this contract is
the Executive Director of the EDA, or his or her designee. The Consultant’s authorized agent for
purposes of administration of this contract is Carey Dean. All Work shall be performed by or under
the supervision of Carey Dean.
26. Waiver. No waiver of any provision or of any breach of this Agreement shall constitute a waiver
of any other provisions or any other or further breach, and no such waiver shall be effective unless
made in writing and signed by an authorized representative of the party to be charged with such a
waiver.
27. Headings. The headings contained in this Agreement have been inserted for convenience of
reference only and shall in no way define, limit or affect the scope and intent of this Agreement.
28. Severability. In the event that any provision of this Agreement shall be illegal or otherwise
unenforceable, such provision shall be severed, and the balance of this Agreement shall continue
in full force and effect.
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S-1
IN WITNESS WHEREOF, the EDA and the Consultant have caused this Professional Services
Agreement to be executed by their duly authorized representatives effective as of the date first written
above.
ECONOMIC DEVELOPMENT AUTHORITY
OF THE CITY OF ELK RIVER
By:
Its President
By:
Its Executive Director
Page 94 of 104
S-2
Carey Dean
By: _______________________________________
Carey Dean
Page 95 of 104
A-1
EXHIBIT A
SCOPE OF WORK
[Insert Carey Dean Packet]
Page 96 of 104
Carey Dean
612.889.6228
carey2art@gmail.com
careydean.com
Dear Art Committee or Whom It May Concern,
I am very interested in the current RFQ for public Art for the City of Elk RIver.As a visual
artist my work has been exhibited internationally and commissioned for public art
projects throughout Minnesota and the United States.Ideal for interior spaces,my
contemporary stained glass mosaics are representational and abstract depictions of
natural formations and dramatic American landscapes.As a professional artist,I strive to
capture the unique character of a region,create a welcoming ambiance and promote a
sense of pride of place.
With a background as an oil painter,my contemporary mosaics are unusual and break
the normal conventions of mosaic art having been described as “paintings in glass”.Well
suited for public spaces,my glass mosaics are safe,low-maintenance,long-lasting and
all-inclusive.With glass as my medium,my work introduces color and subtle light
reflections while complementing existing architectural features.
Celebrating the beauty and complexity of the natural world,my work brings the illusion of
nature both real and imagined into architectural spaces.My recent public art
commissions include unique interpretations of recognizable locations such as state and
national parks.As an artist,I look to the local landscape for inspiration to create artwork
that celebrates the beauty of a specific region and grants a timeless art experience to be
enjoyed by the public.
In response to your RFQ for art,I would be honored to create a contemporary glass
mosaic for any available wall space in the FT Center.My work is durable,safe for high
tra c areas and requires very minimal maintenance.For the RFQ I have submitted two
possible proposals both combining the theme of energy and the imagery of the river.
Both concepts are inspired by what makes the city of Elk River unique and regionally
significant.My artistic goal for this project is ultimately about creating an art experience
that celebrates the natural beauty of the area and pays tribute to the city’s rich history.
Thank you in advance for your time and consideration and I hope to be able to work with
you to create a public art piece that enhances the public experience at the FT Center in
Elk River.
Sincerely,
Carey Dean
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examples of my mosaic work
Carey Dean
Public Art proposal for the City of Elk River
carey2art@gmail.com /carey2d@yahoo.com
careydean.com /612.889.6228
Overview
For the City of Elk River’s current RFP for public art I have two proposal options for the FT
Center.One for the 8’x 8’wall and the second option for either the 8’x 8’or 11’x 12’wall
next to vending machines.
Background
As a visual artist my nature inspired work has been exhibited internationally and
commissioned for public spaces throughout the United States.Ideal for interior
spaces,my stained glass mosaics are representational and abstract depictions
of natural formations and dramatic American landscapes.As a public artist,I
strive to capture the unique character of a region,create a welcoming ambiance
and promote a sense of pride of place.
With a background as an oil painter,my contemporary mosaics are unusual and
break the normal conventions of mosaic art having been described as “paintings
in glass”.Well suited for public spaces for all ages,my glass mosaics are safe,
low-maintenance,long-lasting and all-inclusive.With glass as my medium,my
work introduces color and subtle light reflections while complimenting existing
architectural features.
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Proposal 1 -“Where Energy Flows”parallelogram-style stained glass mosaic on
framed panel for the 8’x 8’or 11’x 12’wall at the FT Center.
-Proposed mosaic features abstract imagery inspired by views of the Mississippi River from
the town of Elk River.
-Proposed mosaic uses slightly reflective glass in colors inspired by the local landscape
(a variety of blues,greens,browns)bringing color and subtle reflected light into the
architectural space.
-Proposed mosaic using the parallelogram-style technique creating the illusion of visual
movement and gradual shifts in color.Composition also gives the impression of energy
waves of movement paying tribute to the history of “Energy City”or town of Elk River.
-Proposed mosaic celebrates the importance of the Elk River and Mississippi River to the
city of Elk River’s local community.
-Proposed mosaic is low-maintenance,durable,all-inclusive and safe for a high traffic
public space.Only maintenance required wiping off dust and fingerprints every few years
with a soft cloth and glass cleaner.
-Proposed mosaic,if commissioned,would enhance my portfolio as a female mid-career
artist from Minnesota who is very familiar with the city of Elk River.
Specifications/Other
-Proposed mosaic approximately is 7’W x 4”H x 2”D for the 11’x 12’wall at the FT Center.
-The mosaic materials include hand-cut stained glass,concrete mortar and grout on a tile
backer board and plywood substrate with custom museum quality framing.
-The mosaic would be securely hung by cleat and security hardware.
-The mosaic can be designed,fabricated and installed within the project dates and
deadlines.Fabrication scheduled to begin fall 2024 for installation spring/summer 2025.
-The proposed mosaic would require a budget of $20,000 with 40%up front at contract
signing for purchase of materials and the remaining balance of 60%due during installation.
-Costs include approximately $2000 for glass and materials,$1800 custom frame and cleat,
$1200 installation and delivery,$500 glass saw blades/tools,$14,500 for artist fee.
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Proposal 1:Concept/Design “Where Energy Flows”mosaic for FT Center
examples of parallelogram-style mosaic (The Light Of A New Day On The South Dakota Plains
commissioned by 1%for the Arts City of Brookings,SD Government Center (left)inspiration
photograph (center)detail of parallelogram-style mosaic (right)
sample inspiration image from riverbank in Elk River (left)
digital mock-ups of parallelogram-style mosaic on either wall section at FT Center (center and right)-
actual mosaic would have similar color scheme but inspired by views in Elk River.Proposed mosaic
would introduce color and subtle reflected light into the space.The parallelogram-style motif also
gives the illusion of movement and energy waves.
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Carey Dean
mixed media artist based in Minneapolis,MN and St.Augustine,FL specializing in public art
carey2art@gmail.com /612-889-6228 /careydean.com
Education
MFA International Practice -UCA University for the Creative Arts,Canterbury
(formerly Kent Institute of Art &Design)Kent,United Kingdom.2005
BFA Concentration in Painting -University of Wisconsin Stout
Menomonie,Wisconsin.1999
Public Art Commissions &Permanent Collections
Western State Hospital -public art commission for Treatment and Recovery Center
Tacoma,Washington 2022 -2023 (in-progress)
Surratts-Clinton Branch Library -public art commission for Welcome Area Alcove
Clinton,Maryland.2022
South Central College -public art commission for campus corridor
Mankato,Minnesota.2021
City of Brookings County Building -public arts commission for public waiting area
Brookings,South Dakota.2020
MSP Airport Terminal 1 -2 public art commissions for Valet Lounge
Minneapolis,Minnesota.2019 -2020
Westfields Hospital and Clinic Outpatient Center-permanent collection purchase
New Richmond,Wisconsin.2015
Gundersen Lutheran Medical Center -public art commission for main lobby
LaCrosse,Wisconsin.2013
Mother Baby Center /Allina Children’s Hospital and Clinic -public art commission
Minneapolis,Minnesota.2013
University of Minnesota Morris Welcome Center -permanent collection purchase
Morris,Minnesota.2010
Minnesota Artist’s Collection -Governor’s residence temporary collection
Saint Paul,Minnesota.2006 -2007
City of Bloomington Water and Utilities -permanent collection purchase
Bloomington,Minnesota.2003
JAS -permanent collection purchase
Minneapolis,Minnesota.2002
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Professional Work Experience
University of Wisconsin -Stout,Menomonie,Wisconsin
Senior Lecturer -Art and Art History Department,School of Art &Design.2006 -2019
Minneapolis College of Art and Design.Minneapolis,Minnesota
Continuing Studies Art Instructor.2006 -2020
Minnetonka Center for the Arts,Minnetonka,Minnesota
Visiting Artist and Lecturer.2006 -2007
Museum Services Inc.Minneapolis,Minnesota
Art Conservation and Restoration.2000 -2003,2006
National &International Art Exhibitions (2004 -present)
Drawing Distinctions 2:Exhibition with the London Group
Cello Factory Gallery.Lambeth,London and Furlong Gallery Menomonie,WI.2019
Drawing Distinctions 1:Exhibition with the London Group and UW Stout Faculty Members
Furlong Gallery.University of Wisconsin Stout.Sept.17 -October 27,2018
By Nature We Are Connected (solo exhibition)
Gordon Parks Gallery.Metropolitan State University.Saint Paul,Minnesota.2018
Sustainable Acts:Mother Earth’s Embrace Juried Exhibition
University of Minnesota Institute on the Environment.Saint Paul,Minnesota.2016
Fragmented Vistas (solo exhibition)
Minnesota Gallery,Macrostie Art Center.Grand Rapids,Minnesota.2015
Department of Art and Design Faculty Exhibition
Furlong Gallery,University of Wisconsin Stout.Menomonie,Wisconsin.2014
Enchanted Forest (solo exhibition)
Gallery 360.Minneapolis,Minnesota August 24 -September 29,2013
Open Door 8:Eighth Annual Juried Exhibition
Rosalux Gallery.Minneapolis,Minnesota.2012
Phipp’s Healing Arts Program Juried Group Exhibition
Hudson Hospital.Hudson,Wisconsin.May 16 -August 5,2012
33rd Annual Paper in Particular National Juried Exhibition
Columbia College.Columbia,Missouri.2012
Department of Art and Design Faculty Exhibition
Furlong Gallery.University of Wisconsin Stout.December 1,2011 -February 9,2012
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National &International Art Exhibitions (2004 -present)continued
Northern National Art Competition Exhibition
Nicolet Art College Art Gallery.Rhinelander,Wisconsin.2011
Department of Art and Design Faculty Exhibition
Furlong Gallery.University of Wisconsin Stout.December 17,2009 -February 2,2010
Biotics:All Media National Juried Exhibition
Conduit Gallery.Minneapolis,Minnesota.2010
99th Annual Minnesota State Fair Fine Arts Competition
Minnesota State Fair Fine Arts Gallery.Saint Paul,Minnesota.2010
North of the 45th Parallel National Juried Exhibition
DeVos Art Museum,University of Northern Michigan.Marquette,Michigan.2010
Chowan University National Juried Exhibition
University of North Carolina Art Gallery.Murfreesboro,North Carolina.2010
Art Biologic:National Juried Exhibition
Limner Gallery.Hudson,New York.2009
A Necessary Ornamentation:work by the Minnesota Mosaic Guild
Gordon Parks Gallery.Metropolitan State University.Saint Paul,Minnesota.2008
Arts In Harmony Regional Juried Artists Exhibition Sherburne County Government Center.
Elk River,Minnesota.February 6 -March 24,2008
96th Annual Minnesota State Fair Fine Arts Competition
Minnesota State Fair Fine Arts Gallery.Saint Paul,Minnesota.2007
Southern Exposure:Department of Art and Design Faculty Exhibition
University of Louisville.Louisville,Kentucky.2006
Open Door 2:Eighth Annual Juried Exhibition
Rosalux Gallery.Minneapolis,Minnesota.2006
Dislocated Ground:New work by Carey Dean,J L Dean and Jessika Worrall
Seven Seven Gallery.East End,London,United Kingdom.2005
Scottish Arts Club Group Art Exhibition
Edinburgh,Scotland.2005
Xross-Polynation International Artists Exhibition Randolph Gallery.
Randolph Gallery.Edinburgh,Scotland.June 3 -10,2005
Xross-Polynation International Artists Exhibition All India Fine Arts and Crafts Society.
New Delhi,India.February 2 -20,2004
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