HomeMy WebLinkAboutCorrectional Medical Services
Augusta Richmond GA
DOCUMENT NAME: Cv(r.ed,~nc.j )n.e/;{A( ~ev'VI',U:'5
DOCUMENT TYPE: C ()n1ra.c/
YEAR: /997
BOX NUMBER: ;2
FILE NUMBER: ! f2- 0/0
NUMBER OF PAGES: I (
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ROOM 801 . CITY-COUNTY MUNICIPAL BLDG, (11)
AUGUSTA, GEORGIA 30911
Bus. (706) 821-2488
Fax No. (706) 722-5984
LEE BEARD
ULMER BRIDGES
JERRY BRIGHAM
HENRY H. BRIGHAM
WILLIAM B. KUHLKE, JR.
WM. 'WILLIE" H, MAYS, III
J.B, POwaL
MOSES TODD
ROBERTZETTERBERG
LINDA W BEAZLEY
Administrator. Administration
LARRY E, SCONYERS
Mayor
FREDDIE L. HANDY
Mayor Pro Tem
January 14, 1997
CHARLES 01 LLARD
Administrator - Operations
JAMES B. WALL
Attomey
Ms. Lena Bonner
Clerk, Commission
8th Floor, City-County Bldg.
Augusta, GA 30911
Reply to:
PO.BOX 2125
Augusta, GA 30903
Dear Lena:
I enclose herewith one original copy of the contract
between Richmond County and Correctional Medical Services. Please
have this placed in the permanent records of Augusta-Richmond
County.
Thanking you and with best personal regards, I am
Yours very truly,
~
James B. Wall
~
JBWjsjp
Enclosure
HEALTH SERVICES AGREEMENT
THIS AGREEMENT by and between the County of Richmond (hereinafter referred to as the
"County") and Correctional Medical Services, Inc. (hereinafter referred to as "CMS"), is entered into
as of the 23rd day of December, 1996.
WITNESSETH:
WHEREAS, County is charged by law with responsibility for administering, managing and
supervising the health care delivery system of the Richmond County Jail located at the Joint Law
Enforcement Center, the Richmond County Correctional Institution, and the Augusta City Stockade
("Facilities "); and
WHEREAS, the objective of the County is to provide for the delivery of quality health care
to Inmates in accordance with applicable law; and
WHEREAS, County desires to enter into a health care services agreement with CMS to
promote this objective; and
WHEREAS, CMS is in the business of providing correctional health care services and desires
to provide such services for the County under the terms and conditions hereof;
NOW, THEREFORE, with the intent to be legally bound, and in consideration of the
covenants and promises hereinafter made, the parties hereto agree as follows:
ARTICLE I: HEALTH CARE SERVICES.
1.1 General Engagement. County hereby engages CMS to provide for the delivery of
reasonable and necessary medical, mental health and dental care to individuals under the custody
and control of County and sentenced to and incarcerated at the Facilities ("Inmates"), and CMS
hereby accepts such engagement according to the terms and provisions hereof.
1.2 Scope of Services. CMS will provide on a regular basis professional medical, mental
health, dental and related health care and administrative services for the Inmates. CMS will be
responsible for training the Facilities' security staff in the proper intake screening process, and will
conduct a comprehensive health evaluation of each Inmate following admission to the Facilities.
CMS will provide regularly scheduled sick call, nursing coverage, regular physician visits on site,
hospitalization, medical specialty services, emergency medical care, medical records management,
pharmacy services, health education and training services, a continuous quality improvement
program, administrative support services, and other services, all as more specifically described
hereinafter.
1.3 Specialty Services. CMS will provide specialty services (e.g. radiology services,
laboratory services, etc.) on site to the extent reasonably possible. To the extent specialty care is
required and cannot be rendered on site, CMS will make appropriate off-site arrangements for the
rendering of such care.
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1.4 Emergency Services. CMS will provide on-site emergency medical treatment to
Inmates, visitors and Facilities staff as necessary and appropriate for stabilization. CMS will provide
off-site emergency medical care for inmates, as required, through arrangements to be determined
with local hospitals. CMS will arrange ambulance services for any emergency circumstance,
however, will be financially responsible for inmates only, said costs to be included in the
catastrophic limits stipulated under Section 1.5. Routine transfers will be the responsibility of the
County in regards to off-site non emergency medical treatment.
1.5 Hospitalization Services. CMS will arrange for the admission of any Inmate, who in the
opinion of the Medical Director requires hospitalization and will bear the costs thereof up to the
limits set forth herein. CMS will be responsible for costs associated with hospitalization, all off-site
and on-site radiological services, off-site diagnostic procedures, and emergency transportation
services up to the total limit of $10,000 per inmate per 12 month period. The County will be
totally responsible for all costs exceeding $10,000 per inmate.
1.6 Infant Care. CMS will provide health services to any pregnant Inmate but health care
services provided to an infant following birth will be the responsibility of the County.
1.7 Elective Medical Care. CMS will not be responsible for the provision of elective medical
care to Inmates. For purposes of this Agreement, "elective medical care" means medical care
which, if not provided, would not in the opinion of CMS' Medical Director cause the Inmate's health
to deteriorate or cause definite harm to the Inmate's well-being.
1.8 Transportation Services. As stipulated in Section 1.4, CMS will arrange for and be
financially responsible for emergency transportation of inmates, said costs included in the
catastrophic limits described herein. CMS will arrange for emergency transportation for visitors and
Facilities Staff; but will not bear said costs. To the extent any Inmate, visitor, or Facilities staff
requires non-urgent off-site health care treatment, County will provide appropriate transportation
services as requested by CMS.
1.9 Unauthorized Absence. To the extent possible and medically appropriate, CMS
agrees to render on-site medical services to Inmates for injuries incurred prior to incarceration, or
while the Inmate was away from the Facilities. In no event, however, shall eMS be liable for or
responsible for the payment of:
(a) any claim, liability, cost or expense arising or incurred at any time in connection
with treatment of any Inmate's injury if such injury occurred (i) during any period
prior to the Inmate's incarceration, or (ii) while the Inmate was away from the
Facilities, for reasons other than health care prescribed by CMS employees or
contractors; or
(b) any claim, liability or cost arising out of the County's, the Sheriff's or any of their
respective employee's, officer's, agent's or subcontractor's (i) preventing any
Inmate from receiving medical care ordered by CMS employees or contractors, (ii)
failure to exercise good judgment in promptly presenting any ill or injured Inmate for
treatment by CMS employees or contractors, or (iii) negligence or willful
misconduct.
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ARTICLE II: PERSONNEL.
2.1 Staffing. CMS will provide medical, mental health, dental, technical and support
personnel necessary for the rendering of health care services to Inmates as contemplated herein.
The health care staff will be at levels consistent with CMS' proposal for the management and
delivery of health care for Inmates of the Facilities and as outlined in Attachment A,
2.2 Licensure. Certification and Registration of Personnel. All personnel provided or made
available by CMS to render services hereunder will be licensed, certified or registered, as
appropriate, in their respective areas of expertise pursuant to applicable Georgia law.
2.3 County Satisfaction with Health Care Personnel. If County should become dissatisfied
with any health care personnel provided by CMS hereunder, CMS, in recognition of the sensitive
nature of correctional services, will, following receipt of written notice from County of its
dissatisfaction and the reasons
thereof, exercise its best efforts to resolve the problem and, if the problem is not resolved, remove
the individual about whom County has expressed its dissatisfaction. CMS will be allowed a
reasonable time prior to removal to find an acceptable replacement.
2.4 Use of Inmates in the Provision of Health Care Services. Inmates will not be employed
or otherwise engaged by either CMS or County in the direct rendering of any health care services.
Inmates may be used in positions not involving the rendering of health care services directly to
Inmates as CMS and County may mutually agree.
2.5 Subcontracting and Delegation. In order to discharge its obligations hereunder, CMS
will engage certain health care professionals as independent contractors rather than as employees,
and County expressly consents to such subcontracting or delegation. As the relationship between
CMS and these health care professionals will be that of independent contractor, CMS will not be
considered or deemed to be engaged in the practice of medicine or other professions practiced by
these professionals, and CMS will not exercise control over the manner or means by which these
independent contractors perform their professional duties, All independent contractors engaged by
CMS pursuant to this contract and any employees of CMS shall not be considered employees of
Richmond County, the Board of Commissioners of Richmond County, or the Sheriff of Richmond
County. Neither Richmond County, the Board of Commissioners of Richmond County, nor the
Sheriff of Richmond County will be considered or deemed to be engaged in the practice of medicine
or other professions practiced by these professionals, and will not exercise control over the manner
or means by which these independent contractors perform their professional duties.
2.6 Discrimination. CMS will recruit, select, train, promote, transfer and release its
personnel, as contemplated hereunder, without regard to race, color, religion, national origin,
handicap, Vietnam veteran status, age or sex (except where age, sex or handicap is a bona fide
occupational qualification). Further, CMS will administer its other personnel policies such as
compensation, benefits, layoffs, return from layoff, company sponsored training, education, and
tuition assistance without regard to race, color, religion, national origin, handicap, Vietnam-Era
status, age or sex.
2.7 Preference to Countv Personnel. In selecting its staff for the provision of services
hereunder, CMS will give first consideration to health care personnel currently engaged at and
working at the Facilities if current employees or agents are not bound by non-compete agreements.
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2.8 Restrictive Covenant. Recognizing among other things the unique services provided by
the employees, subcontractors and agents of CMS during the term of this Agreement, County will
not, directly or indirectly, solicit, engage or permit to be engaged at the Facilities said employees,
subcontractors or agents of CMS during the term of this Agreement (including any renewals
thereof) and for a period of one (1) year thereafter without the prior written consent of CMS;
provided, however, that this limitation shall not apply to persons who were employed at the
Facilities immediately prior to the commencement of CMS' services hereunder.
ARTICLE III: ACCREDITATION.
CMS' services hereunder will be designed to meet the standards developed by the Medical
Association of Georgia and the National Commission on Correctional Health Care for Jails, and CMS
will bear the costs in any efforts to maintain formal accreditation of the health care delivery
program at the main Richmond County Jail. Should the county elect to seek accreditation for the
delivery of medical services at the Richmond County Correctional Institution and/or the Augusta
City Stockade, CMS will do so and bill the County $1,000 per facility to cover the cost of the
accreditation fees.
ARTICLE IV: EDUCATION AND TRAINING.
4.1 Inmate and Staff Health Education. CMS will conduct an ongoing health education
program for Inmates and correctional officers at the Facilities toward the objective of raising the
level of Inmate health and health care. This health care education program will include, at County's
request, programs in first aid, signs and symptoms of chemical dependency, and reactions to
medical emergencies.
ARTICLE V: REPORTS AND RECORDS.
5.1 Medical Records. CMS will cause to be maintained a medical record for each Inmate
who has received health care services. This medical record will be maintained pursuant to
applicable law and will be kept separate from the Inmate's confinement record. A complete copy
of the applicable medical record will be available to accompany any Inmate who is transferred from
the Facilities to another location for off-site services. Medical records will be kept confidential, and
CMS will follow the County's policy with regard to access by Inmates and Facilities' staff to
medical records, subject to applicable law regarding confidentiality of such records. No information
contained in the medical records will be released by CMS except as provided by County's policy, by
a court order, or otherwise in accordance with applicable law.
5.2 Inmate Health Insurance. CMS may seek and obtain from any Inmate information
concerning any health insurance the Inmate might have that would cover services rendered by CMS
hereunder, and County will cooperate fully with CMS in its efforts to secure this information. For
any reimbursements recovered, County will receive 90% and CMS will retain 10%.
5.3 Inmate Information. In order to assist CMS in providing the best possible health care
services to Inmates, County will provide CMS with information pertaining to Inmates that CMS
identifies as reasonable and necessary for CMS adequately to perform its obligations hereunder.
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5.4 CMS Records Available to County with Limitations on Disclosure. CMS will make
available to County, at County's request, all records, documents and other papers relating to the
direct delivery of health care services to Inmates hereunder; provided, however, that County
understands that the systems, methods, procedures, written materials and other controls employed
by CMS in the performance of its obligations hereunder are proprietary in nature and will remain the
property of CMS and may not, at any time, be used, distributed, copied or otherwise utilized by
County, except in connection with the delivery of health care services hereunder, unless such
disclosure is approved in advance in writing by CMS.
5.5 County Records Available to CMS with Limitations on Disclosure. During the term of
this Agreement and for a reasonable time thereafter, County will provide CMS, at CMS' request,
County's records relating to the provision of health care services to Inmates as may be requested
by CMS or as are pertinent to the investigation or defense of any claim related to CMS' conduct.
County will make available to CMS such records as are maintained by County, hospitals, and other
outside health care providers involved in the care or treatment of Inmates (to the extent County has
any claim to those records) as CMS may reasonably request consistent with applicable law;
provided, however, that any such information released by County to CMS that County considers
confidential will be kept confidential by CMS and will not, except as may be required by law, be
distributed to any third party without prior written approval by County.
ARTICLE VI: SECURITY.
6.1 General. CMS and County understand that adequate security services are necessary
for the safety of the agents, employees and subcontractors of CMS, as well as for the security of
Inmates and Facilities staff. County will provide security services satisfactory to CMS and
sufficient to enable CMS and its personnel safely to provide the health care services called for
hereunder. County hereby indemnifies CMS, its agents, employees, contractors and officers
against any claims or losses arising out of Inmate disturbances or any other security failures and
shall reimburse CMS for any and all costs (including attorney's fees) incurred in connection with
any such claims or losses. The provisions of this paragraph do not apply to any Workers'
Compensation claims filed against CMS by any of the agents, employees and subcontractors of
CMS.
6.2 Transportation Off-Site. County will provide security as necessary and appropriate in
connection with the transportation of any Inmate between the Facilities and any other location for
off-site services as contemplated herein.
ARTICLE VII: OFFICE SPACE AND EQUIPMENT
7.1 Office Space and Support. The County agrees to provide CMS with office space,
facilities, office furniture, utilities (including local telephone service), sufficient to enable CMS to
perform its obligations hereunder.
7.2 Delivery of Possession. County will deliver to CMS on the date of commencement of
this Agreement possession and control of all office equipment and supplies then in place at the
Facilities' health care facilities that is County's property.
7.3 Supplies. CMS warrants and represents that it will maintain a sufficient quality and
quantity of medical supplies, disposable medical equipment, and drugs and medications on hand
during this Agreement to enable CMS to perform it's obligations hereunder.
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7.4 General Services. County will provide for each Inmate receiving health care services
no less than the full range of services and facilities provided by County for other Inmates at the
Facilities including, but not limited to, daily housekeeping services, dietary services, building
maintenance services, personal hygiene supplies and services, and linen supplies.
ARTICLE VIII: TERM AND TERMINATION OF AGREEMENT.
8.1 Contract Term. This Agreement will be effective as of 12:01 A.M. on January 1,
1997 for an initial term of 12 months. This Agreement is renewable under like-terms for additional
one year terms thereafter, unless either party delivers written notice of non-renewal to the other
party at least 90 days prior to the expiration of the then-existing term, in which event this
Agreement will terminate upon the expiration of the then-existing term.
8.2 Termination. This Agreement may be sooner terminated on the first to occur of the
following:
(al Termination by Agreement. In the event County and CMS mutually agree in
writing, this Agreement may be terminated on terms and date stipulated therein.
(b) Termination for Default. In the event either party shall give notice to the other that
such other party has materially defaulted in the performance of any of its obligations
hereunder and such default shall not have been cured within (30) thirty days
following the giving of such notice in writing, the party giving notice shall have the
right immediately to terminate this Agreement; provided, however, that the cure
period shall be limited to (10) ten days if the default is failure by County to timely
make any payments due CMS hereunder.
(c) Termination by CMS for Special Situations. CMS may terminate this Agreement
immediately upon the occurrence of any of the following:
(1) Failure of the governing body of County to authorize, appropriate or
pay funds sufficient for County to meet its obligations hereunder;
(2) Disavowal or repudiation of this contract by any authorized agent
of County;
(3) Insolvency, bankruptcy, or receivership of County;
8.3 Changes in the Law. If any statute, rule or regulation is passed or any order issued or
any statute or guideline adopted materially increasing the cost to CMS of providing health care
services hereunder, CMS and County will agree on additional compensation to be paid by County to
CMS as a result of such changes; provided, however, that if the parties are unable to agree on
appropriate additional compensation, the matter shall be submitted to arbitration.
8.4 Responsibility for Inmate Health Care. Upon termination of this Agreement, total
responsibility for providing health care services to all Inmates, including Inmates receiving health
care services at facilities off site, will be transferred from CMS to County.
8.5 Jurisdiction. Jurisdiction over any controversy or claim arising out of or relating to this
Agreement or the alleged breach thereof shall be in the Superior Court of Richmond County.
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ARTICLE IX: COMPENSATION.
9.1 Base Compensation. County will pay CMS the sum of $1,510,378.00 for the first
contract period of this Agreement for a daily average base inmate population of 1,000, payable in
equal monthly installments of $125,864.83. CMS will bill County (15) fifteen days before the first
day of the month for which services will be rendered, and County agrees to pay CMS on or before
the first day of the month for which services will be rendered. In the event this Agreement should
terminate on a date other than the end of a calendar month, compensation to CMS will be pro rated
accordingly for the shortened month.
9.2 Increases in Inmate Population. A daily per diem rate of $1.57 will be applied
to the monthly base compensation for each inmate in excess of the average monthly population of
1,000, based upon the daily census. Per Diem charges are calculated monthly and are billed in the
month following services.
9.3 Reduction in Inmate Population. A per diem of $.65 will be deducted if the
average monthly inmate population falls below 1,000 inmates, based on the daily census, Per Diem
deductions are calculated monthly and are deducted from the month following service.
9.4 Year Over Year Increases. For each renewal year, effective January 1, 1998
and thereafter, the annual contract amount, respective per diems, and the $10,000 per inmate per
year individual limit will be adjusted by the percentage change in the Medical Care Component of
the Consumer Price Index, all Urban Consumers for the South Region. This CPI will be based on
the previous twelve months as reported in October, 1997, 1998, and thereafter.
ARTICLE X: LIABILITY AND RISK MANAGEMENT.
10.1 Insurance. At all times during the term of this Agreement, CMS will maintain
professional liability insurance covering CMS, its employees, its officers, and agents with limits not
less than $1 million per occurrence and $3 million in the aggregate annually. Physicians provided
by CMS will be included in the above coverage or will carry their own insurance with limits of
$1,000,000 per occurrence/$3,000,000 annual aggregate.
10.2 Indemnity, CMS hereby indemnifies and holds County, the Augusta-Richmond
County Commission-Council, the Sheriff of the County, and their officers, employees and agents
harmless, up to the limits of CMS' applicable liability insurance, from and against any claims
including but not limited to attorneys' fees, costs and expenses of litigation against County, the
Augusta-Richmond County Commisison-Council, the Sheriff of the County, and their officers,
employees, and agents based on negligent medical care rendered pursuant to this Agreement
regardless of whether the claim is brought pursuant to state negligence laws or pursuant to federal
law under 42 U.S.C. ~ 1983; provided, however, that CMS will not be responsible for any claim
arising out of: (i) County or its employee or agent preventing an Inmate from receiving medical care
ordered by CMS or its agent or contractor; or (ii) failure of County's employee or agent to exercise
good judgment in promptly presenting an ill or injured Inmate to CMS for treatment; or (iii)
negligence or willful misconduct of County, its employees or agents,
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10.3 Limitation of Liability. The parties to this Agreement both acknowledge that CMS is
providing the services contemplated hereunder as a corporation primarily acting as an
instrumentality of the Sheriff and Richmond County; consequently, any and all statutory, common
law or legislative limitations on the liability of instrumentalities of the Sheriff or Richmond County
are applicable to CMS and its health care providers.
ARTICLE XI: MISCelLANEOUS.
11,1 Independent Contractor Status. County expressly acknowledges that, other than set
forth in Section 10.3, CMS is an "independent contractor," and nothing in this Agreement is
intended nor shall be construed to create an agency relationship, an employer/employee
relationship, a joint venture relationship, or any other relationship allowing County to exercise
control or direction over the manner or method by which CMS or its subcontractors perform
hereunder.
11.2 Assignment. This Agreement may be assigned by CMS to another wholly-owned
subsidiary corporation of ARAMARK Corporation. CMS shall not assign this Agreement to any
other corporation without the express written consent of the County. County and CMS each binds
itself, its successors, assigns and legal representatives to the other party hereto and to the
successors, assigns, and legal representatives of such other party in respect to all covenants,
agreements and obligations contained herein.
11.3 ~. All notices or other communications required or permitted to be given under
this Agreement shall be in writing and shall be deemed to have been duly given if delivered
personally in hand or mailed certified mail, return receipt requested, postage prepaid on the date
posted, and addressed to the appropriate party at the following address or such other address as
may be given in writing to the parties:
(a)
County:
Sheriff Charles B. Webster
Joint Law Enforcement Center
401 Walton Way
Augusta, GA 30911
With a copy to:
Charles R. Oliver
Administrator
Augusta-Richmond County
City-County Municipal Bldg. (11)
8th Floor
Augusta, GA 30911
(b) CMS:
Correctional Medical Services
12647 Olive Blvd.
St. Louis, MO 63141
Attention:
Michael G. Pfeiffer, Executive Vice President
11.4 Governing Law. This Agreement and the rights and obligations of the parties hereto
shall be governed by, and construed according to, the laws of the State of Georgia.
8
11.5 Entire Agreement. This Agreement constitutes the entire agreement of the parties
unless specifically provided otherwise herein and is intended as a complete and exclusive statement
of the promises, representations, negotiations, discussions and agreements that have been made in
connection with the subject matter hereof. No modification or amendment to this Agreement shall
be binding upon the parties unless the same is in writing and signed by the respective parties
hereto.
11.6 Waiver of Breach. The waiver by either party of a breach or violation of any provision
of this Agreement shall not operate as, or be construed to be, a waiver of any subsequent breach
of the same or other provision hereof.
11.7 Enforcement. In the event either party incurs legal expenses or costs to enforce the
terms of this Agreement, the prevailing party in any arbitration proceeding hereunder shall be
entitled to recover the costs of such action so incurred, including, without limitation, reasonable
attorney's fees.
11.8 Force Maieure. CMS shall not be deemed in violation of this Agreement if it is
prevented from performing any of its obligations hereunder for any reason beyond its control,
including, without limitation, strikes, Inmate disturbances, lack of County's financial or physical
resources, failure of County to provide proper security services, acts of God, civil or military
authority, acts of public enemy, war, accidents, fires, explosions, earthquakes, floods failure of
transportation, or any similar cause beyond the reasonable control of either party.
11.9 Severability. In the event any provision of this Agreement is held to be unenforceable
for any reason, the unenforceability thereof shall not affect the remainder of the Agreement which
shall remain in full force and effect and enforceable in accordance with its terms.
11 .10 Authority Each party hereto represents that the person executing this Agreement on
its behalf has full power and authority to do so, and this Agreement constitutes a legal, valid and
binding obligation enforceable against such party.
IN WITNESS WHEREOF, the parties have set their hands and seals hereto as of the day and
year first above written.
Augusta-Richmond County Commission - Council
Attest~~1fffIt
ount~ r
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CORRECTIONAL MEDICAL SERVICES ~)"
Attest:
By:
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ATTACHMENT A
STAFFING
Position .EIE Hours Per Week
Medical Director .80 32
Dentist .50 20
Psychiatrist .15 6
RN Administrator 1.00 40
Director of Nursing 1.00 40
MSW 1.00 40
STOCKADE
LPN - Days 1.20 48
LPN - Evenings 1.00 40
RCCI
RN - Days 1.00 40
LPN - Days .10 4
LPN - Evenings 1.00 40
JAIL
RN - Days 1.40 56
LPN - Days 1.40 56
CNA - Days 1.40 56
RN - Evenings 1.40 56
LPN - Evenings 1.40 56
LPN - Nights 2.80 112
Medical Records Clerk -.L..QQ -4.Q
TOTAL 19.55 782
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