HomeMy WebLinkAboutJuly 1, 1995 - June 30, 1996AGREEMENT
CITY OF ARCADIA AND PASADENA HUMANE SOCIETY
THIS CONTRACT, is entered into by and between the CITY OF ARCADIA, a
Municipal Corporation, hereinafter referred to as "City ", and the PASADENA HUMANE
SOCIETY, a Non - Profit Corporation, hereinafter referred to as "Society ",
WITNESSETH:
WHEREAS, City desires to use the services, plant, equipment, facilities and supplies of
Society in the enforcement and performance of the powers and duties of the Poundmaster of the
City of Arcadia, as set forth in Article IV, Chapter 1, of the Arcadia Municipal Code, amended
from time to time and herein referred to as the "Code "; and
WHEREAS, Society desires to provide services, supplies, materials and use of its plant,
equipment and facilities in the enforcement and performance of said powers and duties and other
related services as set forth in this Contract;
WHEREAS, the performance of this Contract by Society shall be consistent with the
mission statement of Society, attached as "Exhibit "A" and incorporated as part of this Contract.
NOW THEREFORE, the parties hereto agree as follows:
I . POUNDMASTER APPOINTMENTICOMPLIANCE WITH CODE. City appoints
Society as the Poundmaster of the City of Arcadia for the period beginning July 1, 1995 and
ending June 30, 1996, and hereby authorizes, directs and empowers Society to perform all the
powers and duties conferred and imposed upon the Poundmaster by the Code and applicable state
laws as they may be amended from time to time, during the term of this Contract. {Arcadia
Municipal Code Section 4111 et. seq. attached and incorporated as part of this Contract }.
2. ACCEPTANCE OF APPOINTMENT. Society agrees and undertakes to perform
all the powers and duties conferred and imposed upon the Poundmaster during the term of this
Contract by the provisions herein.
3. TERM. The services provided pursuant to this Contract shall be for a period of
1 year beginning on July 1, 1995, and ending June 30, 1996.
4. SCOPE OF SERVICES - PERFORMANCE STANDARDS. In addition to the
services and standards set forth as follows, Society shall perform consistent with the performance
representations summarized in Exhibit "B" attached and incorporated as part of this Agreement.
5. PATROL SERVICES. Society agrees to provide patrol services on the streets and
public ways of City with manned radio - equipped vehicles Monday through Saturday 7:00 a.m.
to 4:00 p.m., after 4:00 p.m. and Sundays on an as needed basis.
6. PICKUP SERVICE. Society agrees to pick up and impound stray animals, to
pickup and impound any other animal within the City that may be lawfully impounded on the
request of any resident, and to enforce all Code provisions and state law pertaining to impounding
of animals, by court proceedings if necessary.
7. ANIMAL BITES. With respect to known animal bites, Society agrees to
investigate and, where appropriate, quarantine animals at their owner's residence, or pickup and
hold in quarantine animals involved in biting incidents.
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8. PICKUP SERVICES HOURS. In addition to pickup service incidental to patrol
services, Society agrees to provide the following service in response to telephonic or other verbal
requests:
A. Emergency pickup service 24 -hours per day, seven days per week, for sick
or injured animals or animals involved in biting cases, that Society believes to be strays;
B. To pickup any stray animal at any time in response to a request by a Police
Employee or City Official;
C. Pickup service for stray animals (that are not sick or injured) during the time
of scheduled patrol upon the request of residents within the territory served by the Contract;
D. Pickup service for sick of injured animals during times of scheduled patrols,
Monday through Sunday upon the request of animal owners residing within the territory served
by this Contract.
9. SPAYING OR NEUTERING. In the event the City enacts an amendment to its
Code imposing requirements to guarantee spaying or neutering, Society agrees that it will not
release such an animal to an Arcadia resident unless there has been compliance with the applicable
Code provision.
10. INVESTIGATIONS. Society agrees to investigate all cruelty to animal charges and
complaints brought to the attention of Society by any person, and all complaints for barking
and /or excessively noisy dogs and other animals. Society shall cooperate with the Arcadia Police
Department and the City Attorney's Office with regard to requested investigations concerning
animal problems.
11. DECEASED ANIMALS. Society agrees to dispose of carcasses of all animals
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which come into its possession or that of the Deputy Poundmaster in the performance of the
powers conferred and the duties imposed by the Code. Society also agrees to pickup and dispose
of any dead animal from private property within the City without additional charge to City and
to pickup and dispose of all dead wild animals and all dead domestic animals from public streets
and public or private property without additional charge. However, Society may make a
reasonable charge to the owner of a dead animal for picking up and disposing of such animal from
private property.
12. DEPUTY POUNDMASTER. Society agrees to pay for the services of such
Deputy Poundmaster as it shall appoint.
13. CITY POUND. Society agrees to furnish and maintain during the term of this
contract without charge or expense to City, a building or enclosure, to be known and designated
as the "City Pound" which shall be suitable for the keeping and safe holding therein of all animals
which are by law subject to impound. Society will provide adequate shelter, care and emergency
veterinary services at the City Pound.
14. CITATIONS. Society agrees to have at least one of its animal control officers
qualified as a humane officer pursuant to Section 607(F) of the California Civil Code. All other
animal control officers will either be so qualified or in the process of qualifications to be
completed within twelve months from the time each is appointed as a humane officer by Society,
All qualified humane officers may issue notices to appear in court as prescribed by state law for
any violations or state or local animal control laws occurring within the City, including but not
limited to violations of Article IV of the Arcadia Municipal Code. City agrees to furnish Society
with a sufficient quantity of citation forms to perform this service. Notwithstanding anything
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hereinbefore contained, it is agreed that in all instances wherein special supplies, stationary,
notices, forms and the like must be issued in the name of said City, the same shall be supplied by
said City at its own cost and expense.
Prior to filing a citation or criminal complaints, Society shall contact and coordinate the
process with the Police Department Court Liaison Officer.
15. HEALTH DEPARTMENT QUARANTINE. Society agrees to pickup, accept,
care for and maintain in custody any animal from within the City territory to be held for
observation by City's designated Health Department and to maintain such animal in an individual
kennel away from contact with other animals during the time so held, as City's Health Officer
may direct. Any owned animal held for quarantine at the Society will have a reasonable charge
levied for care and feeding during quarantine.
16. BONDS. Society agrees to furnish, without charge to the City, a fidelity bond, of
a corporate surety satisfactory to City, covering its officers and employees, individually and
collectively, in the aggregate amount of $5,000 for the benefit of City for the term of this
Contract.
17. INDEMNITY.
A. Society agrees to indemnify, hold harmless, release and defend (even if the
allegations are false, fraudulent or groundless), to the maximum extent permitted by law, and
covenants not to sue, the City, its City Council and each member thereof, and its officers,
employees, commission members and representatives, from any and all liability, loss, suits,
claims, damages, costs, judgements and expenses (including attorney's fees and costs of litigation)
which in whole or in part result from, or arise out of, or are claimed to result or to arise out of:
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(1} any activity on or use of City's premises or facilities or any
performance under this Contract; or
(2) any acts, errors or omissions (including, without limitation,
professional negligence) of Society, its employees, representatives,
subcontractors, or agents in connection with the performance of this
Contract.
B. This agreement to indemnify includes, but is not limited to, personal injury
(including death at any time) and property or other damage (including, but without limitation,
contract or tort or patent, copyright, trade secret or trademark infringement) sustained by any
person or persons (including, but not limit to, companies, or corporations, Society and its
employees or agents, and members of the general public).
18. INSURANCE. Society shall, at its own expense, procure and maintain policies of
insurance of the types and in the amounts set forth below, for the duration of the Contract,
including any extensions thereto. The policies shall state that they afford primary coverage.
A. Automobile Liability with minimum limits of at least
$100,000/300,000 /50,000 if written on a personal automobile liability form, for using a personal
vehicle; or an amount of $500,000 including owned, hired, and non -owned liability coverage if
written on a Commercial automobile liability form.
B. General Liability with minimum limits of at least $1,000,000 combined
single limits written on an Insurance Services Office (ISO) Comprehensive General Liability
"occurrence" form or its equivalent for coverage on an occurrence basis. Premises /Operations
and Personal Injury coverage is required. The City of Arcadia, its directors, commissioners,
officers, employees, agents and volunteers must be endorsed on the policy as additional insured
as respects liability arising out of the Society's performance of this Contract.
(1) If Society employs other contractors as part of the services
rendered, Contractor's Protective Coverage is required. Society
may include all subcontractors as insureds under its own policy or
shall furnish separate insurance for each subcontractor, meeting the
requirements set forth herein.
(2) Blanket Contractual Coverage if required.
(3) Products IC ompleted Operations coverage where such risk is
applicable.
(4) Explosion, Collapse and /or Underground (X, C, and /or U)
coverage where such risk is applicable.
C. Professional Errors and Omissions coverage in a sum of at least $1,000,000. If
a claims -made policy is obtained, a "tail" of at least three (3) years shall be purchased if non-
renewed within three (3) years of completion of performance under this Contract. Applicable
aggregates must be identified and claims history provided to determine amounts remaining under
the aggregate.
D. Society shall comply with the applicable sections of the California Labor Code
concerning workers' compensation for injuries on the job. Compliance is accomplished in one
of the following manners:
(1) Provide copy of permissive self- insurance certificate approved by the State
of California; or
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(2) Secure and maintain in force a policy or workers' compensation insurance
with statutory limits and Employer's Liability Insurance with a minimal
limit of $1,000,000 per accident. The policy shall be endorsed to waive all
rights of subrogation against City, its directors, commissioners, officers,
employees, and volunteers for losses arising from performance of this
Contract; or
(3) Provide a "waiver" from certifying that no employees subject to the Labor
Code's Workers' Compensation provision will be used in performance of
this Contract.
E. Each insurance policy included in this clause shall be endorsed to state that
coverage shall not be cancelled except after thirty (30) days' prior written notice to the City.
F. Insurance shall be placed with insurers with a Best's rating of no less than B: VIII.
G. Prior to the commencement of performance, Society shall furnish City with a
certificate of insurance for each policy. Each certificate is to be signed by a person authorized
by that insurer to bind coverage on its behalf. The certificates(s) must be in a form approved by
the City Attorney. City may require complete, certified copies of any or all policies at any time.
H. Failure to maintain required insurance at all times shall constitute a default and
material breach. In such event, Society shall immediately notify City and cease all performance
under this Contract until further directed by the City. In the absence of satisfactory insurance
coverage, City may, at its option: (1) procure insurance with collection rights for premiums,
attorney's fees and costs against Society by way of set -off or recoupment from sums due Society,
at City's option; (2) immediately terminate this Contract; or (3) self insure the risk, with all
damages and costs incurred, by judgement, settlement or otherwise, including attorney's fees and
costs, being collectible from Society, by way of set -off or recoupment from any sums due Society.
19. COMPENSATION FOR SERVICES. City agrees to pay Society a total sum not
to exceed $48,000. Society shall invoice City monthly on the first day of each month. City will
pay for each month's services within ten {10) days after receipt of said invoice.
20. REPORTS. Society shall furnish to the City Manager, monthly reports
summarizing the operations conducted pursuant to this contract for the term of this Contract, and
by July 15th following such year, a report summarizing its operations conducted pursuant to this
contract for the term of this contract. Said reports shall include a schedule of performance
statistics covering said periods, containing performance line items stratified as to geographic
source of performance factor, i.e. Arcadia, Pasadena, South Pasadena, Sierra Madre, San Marino
and total.
A. Society shall report monthly to the City Manager the number of stray
deceased animals picked up within the City pursuant to this Contract.
B. Society shall provide to the City Manager, copies of its audited financial
reports covering the period of this Contract. Should Society fail to submit an audited financial
report, the preparer of the unaudited report shall satisfy City's Director of Finance as to the
reasonableness, accuracy and completeness of said unaudited report.
21. CANCELLATION. This Contract may be terminated by either part by giving not
less than 90 days' written notice to the other party. The notice shall state the termination date.
Notice to the City shall be addressed to the City Manager at 240 W. Huntington Drive, Arcadia,
California 91007. Notice to society shall be addressed to the President of Society at 361 South
9
Raymond Avenue, Pasadena, California, 91105. If this Contract is terminated pursuant to this
Section 21, the consideration provided for in Section 19 of this Contract shall be apportioned in
the ratio that the time to the stated termination date bears to the full service year of this Contract.
22. NON- ASSIGNMENT CLAUSE. Society cannot assign or delegate or otherwise
transfer this Contract or the rights or duties contained herein to any individual, person or legal
entity otherwise without the written consent of the City.
23. PARAGRAPH HEADINGS. Any heading of the several paragraphs of this
Contract is inserted for convenience and reference only and shall not be held or construed in any
manner to affect the scope, or to limit or to qualify the meaning or intent of the provisions
thereof.
24. SUCCESSORS IN INTEREST. This Contract shall be binding upon and shall
insure to the benefit of the successors and assigns of the parties hereto.
25. MAINTENANCE AND INSPECTION OF RECORDS. The City and any other
Federal State or local government agency, or any of their authorized auditors or representatives,
shall have access to and the right to audit, excerpt, reproduce, and transcribe any of the Society's
records, to the extent the City deems necessary to insure it has received or is receiving all money
to which it is entitled under the contract or for other purposes relating to the Contract.
A. Such records include, without limitation, journals, ledgers, records of
accounts payable and receivable, profit and loss statement, financial statements, bank statements,
invoices, receipts, subcontracts, agreements, notes, correspondence, memoranda, and any other
documents required by the City or by the laws or regulations of any Federal, state or local
governmental agency.
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B. The Society shall maintain and preserve all such records for a period of at
least three (3) years after termination of the contract, or until an audit has been completed and
accepted by the highest governmental authority involved and all questions and disputes arising
from the audit have been resolved.
C. Upon written notice by the City, the Society shall promptly make all such
records available to auditors or other representatives of the City or other governmental agencies.
The Society shall also cooperate with such auditors and representatives in auditing, excerpting
reproducing and transcribing the records.
D. The Society shall maintain all such records in the City of Arcadia. If not,
the Society shall promptly reimburse the City for all reasonable costs incurred in conducting the
audit at a location other than the City of Arcadia, including not limited to expenses for personnel,
salaries, private auditors, travel, lodging, meals and overhead.
26. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the
parties and supersedes any prior or contemporaneous representations or agreements of the parties.
This Contract may be revised or modified only by written agreement of both parties signed by an
authorized representative of each party, subject to approval of the Arcadia City Council,
27. COMMUNICATION. Society shall maintain accessible communication with City
representatives which shall include monthly meetings between City staff and the Society Director
of Operations.
28. PERSONNEL /IN SERVICE TRAINING. To perform this Contract, Society
acknowledges the importance of assigning properly trained personnel with experience who will
interface on a regular, recurring basis with City personnel involved in the administration and
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interface on a regular, recurring basis with City personnel involved in the administration and
management of this Contract, and agrees to perform consistent with this goal and cooperate fully
with City concerning utilization of Society personnel for Arcadia. Society shall provide in service
training to the police department upon request of the Chief of Police, and other designated staff
as required.
29. LICENSE AND IMPOUND FEES. City further agrees that Society may keep and
retain any and all license and impound fees provided for by said Municipal Animals Control
Resolution.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by
their duly authorized representatives as of the date set forth below.
Dated: June 29, 19 95
ATTEST:
&,e D. Alford, Citf
APPROVED AS TO FORM:
Michael H. Miller, City Attorney
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CITY OF ARCADIA
William R. Kelly, City Manager
PASADENA HUMANE SOCIETY
Steve McNall, Executive Director
THE PASADENA HUMANE SOCIETY & SPCA
MISSION STATEMENT
The mission of the Pasadena Humane Society & SPCA is to promote the humane treatment of and
maintain the quality of like for all animals whether they be domestic, exotic, wild or livestock.
This includes acting as an advocate and an enforcer of the humane treatment of animals. It is the
purpose of this Society to foster a public attitude of humane care and gentleness toward animals
and an awareness of the importance they have in our environment and daily lives.
The Pasadena Humane Society & SPCA strives to carry out this mission in the following manner:
1. By protecting and providing care for homeless, sick and orphaned animals.
2. By offering for adoption of abandoned animals after careful screening and
counseling.
3. By educating the public about the care and treatment of animals.
4. By sharing animals with elderly, frail, and ill people through the Pet Facilitated
Therapy Program.
5. By rehabilitating wildlife that are injured or abandoned and reintegrating them into
their natural environment.
6. By promoting and providing spaying /neutering to reduce or eliminate domestic
animal overpopulation and the need for euthanasia.
7. By offering animal control services to surrounding communities to insure quality,
protection and safety.
8. By investigating alleged cases of abuse or neglect of animals and recommending
prosecution when appropriate.
9. By being effectively managed and respected within the community as a leader in
promoting the welfare of animals.
10. By having adequate resources and financial strength to achieve its purpose and
retain the flexibility to respond to changing needs.
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The Pasadena Humane Society (PHS) will perform the following:
1. The PHS solely uses a humane approach towards the treatment, housing, nurturing
and, as necessary, euthanization of animals.
2. The PHS will provide a variety of Officers ranging from Animal Control to
California State Humane Officers to respond to calls depending upon the nature of
the call and the expertise required.
3. The PHS will not canvass the City for license renewals. They will rely upon the
mail.
4. The PHS facility will remain open nine hours per week longer than the Baldwin
Park Facility.
5. Before any animal is adopted from the PHS, volunteer staff screens interested
applicants for adoption to assure of environmental suitability for the animal's
welfare.
6. PHS will maintain Community Volunteer Program.
7. PHS will provide the staff and curriculum for a humane education program. Staff
would encourage the development of a relationship between the PHS and the
schools in the community. The PHS would either visit the school site with animals
or host classrooms of children at their new facility. The PHS is also developing
a speakers bureau where the PHS would visit community groups.
8. When undomesticated animals are found in neighborhoods, when possible, the PHS
will provide a means to return the animals to the wild.
9. When animals are adopted from the shelter, quality sterilization services are a part
of the adoption fee and will soon be performed in the new facility.
10. Whether a simple request for service or a response to a police or fire incident, the
PHS staff will respond accordingly 24 hours per day, 7 days a week.
11. In an effort to encourage licensing, develop programs for humane awareness, and
to promote the services of the PHS, staff is studying a mutual fundraising strategy
for the schools and the City.
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ISSIIEDATE {MM /D{I/YYj
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INGHAM COATES SI PAYNE, INC
301 E COLORADO BLVD. *301
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
POLICIES BELOW. AMENM EXTEND OR ALTER THE COVERAGE AFFORDED 8V THE
PASADENA, CA 91101
COMPANIES AFFORDING COVERAGE
816 -745 - 7575
COMPANY
LETTER A NORTHBROOK PROP. CAS. INS
LLEOITER B
Pasadena Humane Society
Attn: Steven R. McNall
COMPAW (;
LEITER
361 S. Raymond Avenue
LME? ANV
LETTER D
Pasadena
CA 91101
COAPANY
LE:TTS E
THIS I$ TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED FIELO W HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NC)T WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCIAvPENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWNMAY HAVE SEEN REDUCED BY PAC CLA?AS,
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Additional Insured Endorsement Attached
GERIIFROAT� 1�k�
�NC�;A 10 -
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLEOBEFORE THE
EXPIRATION DATE THERE(.)]-, TFIE ISSUING COMPANY WILL ENDEAVOR TO
MAIL 30 DAY SWgITTENNO TICE TOTHECERTIFICATEHOLDERNAMEO TOT HE
City Of Arcadia
Attn: June R. Alford
LEFT. BUT FAILURE TO MAIL SUCH NOTICE SMALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANYKINDUPfONTH£ COMPANY .ITSAGENTSOR REPRESENT ATEVES,
city C i e r k
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STATE P.O. BOX 807, SAN FRANCISCO,CA 94101-0807
COMPENSATION
INSURANCE
FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
POLICY NUMBER: 0094316 - 95
ISSUE DATE: Q3 -15 -95 CERTIFICATE EXPIRES: 03 -15 -96
CITY OF ARCADIA JOB: PROOF
DEPT OF BUILDING & SAFETY FEB 2 8 W5
240 WEST HUNTINGTON DRIVE
A R C A D I A, CA CITY AR 1) "'
91006 CITY CLERIC
This is to certify that we have issued a valid Workers` Compensation insurance policy in a form approved by the
California Insurance Commissioner to the employer named below for the policy period indicated.
This policy is not subject to cancellation by the Fund except upon 30 days' advance written notice to the employer.
We will also give you 30 days' advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded
by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document
with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the
policies described herein is subject to all the terms, exclusions and conditions of such policies.
'IV kA6101;14-
PRESIDENT
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000.00 PER OCCURRENCE.
ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 03/15/95 IS ATTACHED TO AND
FORMS A PART OF THIS POLICY.
EMPLOYER
THE PASADENA HUMANE SOCIETY
361 S RAYMOND AVENUE
PASADENA CA 91105
=d�, �,n
LEGAL NAME
THE PASADENA HUMANE SOCIETY
(A NON - PROFIT CORP.)
PRINTED: 02 -21 -95 P0408
SR
�v4jN16ER: 95 540166
Commercial General Liability
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY,
ADDITIONAL INSURED- DESIGNATED PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
CITY OF ARCADIA ATTN: M.MILLER, CITY ATTORNEY
240 W HUNTINGTON DR
ARCADIA CA 91007 -3401
(if no entry appears above, information required to complete this endorsement will be shown in the Dec-
larations as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown
in the Schedule as an insured but only with respect to liability arising out of your operations or premises
owned by or rented to you.
CG2026 11 85 Copyright, Insurance Services Office, Inc., 1984
111 1 1
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