Agenda 05/13/2014 Item #16D 3 5/13/2014 16.D.3.
EXECUTIVE SUMMARY
Recommendation to waive competition and authorize a single source vendor waiver request to Florida
Power & Light (FPL) for the conversion of residential and commercial power service, from aerial to
underground and from the street to the electric meter, within the Vanderbilt Beach Municipal Service
Taxing Unit (MSTU) boundaries for the MSTU Utility Conversion Project Phases II, III and IV and
authorize payment up to $60,000 to FPL.
OBJECTIVE: To bury all aerial service power utilities from the Right of Way to the electrical meter
within the Vanderbilt Beach MSTU boundaries for hurricane hardening and enhanced beautification in
the area.
CONSIDERATION: On December 15, 2009, the Board of County Commissioners approved the
utilization of MSTU funds for the burial of overhead utilities within the Vanderbilt Beach MSTU
boundaries. Phase I of the project has been completed and the power poles were removed in September
2013.
Staff is preparing for Phases II, III and IV. The majority of the construction will be competitively
solicited for completion by a contractor. However, there are portions of the project that must be
completed by FPL in accordance with the Tariff. They must remove the aerial service and install the
underground service to each individual residential and commercial user from the edge of the Right of
Way to the electric meter. The costs for providing these services are mandated through the Public Service
Commission (PSC) Tariff section 10.5.4 or $668.64 for each of 75 residences and approximately $1,000
for each of five businesses. The total cost for this service is estimated to not exceed $60,000.
Under FPL Tariff section 10.2.6, the company will design, install, and maintain the electric distribution
facilities up to the designated point of delivery except as otherwise noted. The Point of delivery is the
electrical meter. Under FPL Tariff section 8.1 Setting and Removing Meters, no one but duly authorized
agents of FPL or persons authorized by law shall set or remove, turn on or turn off, or make any changes
which will affect the accuracy of such meters. Connections to FPL's system are to be made only by its
employees.
In accordance with FPL Tariff section 10.5.2 and 10.5.3 Collier County, as the applicant for this project,
is responsible for completing a portion of the work from the edge of the Right of Way to the electric
meter in preparation for the proposed FPL service. The County has completed a procurement process and
awarded work to the lowest of three quotes to County Electrical Contractor, Bentley Electric; to complete
that portion of the project. The scope of this work is included in the modified Vanderbilt Beautification
MSTU Ordinance No. 2009-70.
In accordance with Chapter 287 of the Florida Statutes and Section 60A-1.002(4)(a) of the Florida
Administrative Code, "...The following purchases are not subject to competitive solicitation
requirements, (a) Regulated Utilities and government franchised services." This applies to FPL Tariff
items and exempts them from competitive bidding.
In addition to the Statutory and Administrative Code exemptions for competitive solicitation of these
services, the Collier County Purchasing Ordinance (No. 2013-69) allows for Single Source procurements
at Section 9D(1) where there is only one vendor available that can properly perform the intended
function. The Purchasing Director certifies this additional exemption as provided under the Purchasing
Ordinance.
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FISCAL IMPACT: Funding for the proposed services is provided in the Vanderbilt Beach MSTU Fund
(143)budget.
GROWTH MANAGEMENT IMPACT: There is no impact on the Growth Management Plan.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote
for Board approval.—SRT
RECOMMENDATION: That the Board of County Commissioners waive competition and approve a
single source vendor request to Florida Power & Light (FPL) for the conversion of residential and
commercial power service, from aerial to underground and from the street to the electric meter, within the
Vanderbilt Beach Municipal Service Taxing Unit (MSTU) boundaries for the Utility Conversion Project
Phases II, III and IV and authorize payment up to $60,000 to FPL.
PREPARED BY: Harry E. Sells, Project Manager,ATM Department
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5/13/2014 16.D.3.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.3.
Item Summary: Recommendation to waive competition and authorize a single vendor
waiver request for Florida Power & Light (FPL) for the conversion of residential and commercial
power service aerial to underground from the street to the electric meter within the Vanderbilt
Beach Municipal Service Taxing Unit (MSTU) boundaries for the MSTU Utility Conversion Project
Phases II, Ill and IV and authorize payment up to$60,000 to FPL.
Meeting Date: 5/13/2014
Prepared By
Name: SellsHarry
Title: VALUE MISSING
4/11/2014 11:10:08 AM
Approved By
Name: JohnsonScott
Title: Procurement Specialist, Purchasing&General Services
Date: 4/18/2014 10:13:44 AM
Name: JohnsonScott
Title:Procurement Specialist,Purchasing& General Services
Date: 4/18/2014 10:13:52 AM
Name: ArnoldMichelle
Title: Director-Alt Transportation Modes, Alternative Transportation Modes
Date: 4/21/2014 3:26:16 PM
Name: TownsendAmanda
Title: Director-Operations Support,Public Services Division
Date: 4/22/2014 7:29:37 PM
Name: AlonsoHailey
Title: Operations Analyst,Public Services Division
Date: 4/23/2014 4:50:09 PM
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Name: SotoCaroline
Title: Management/Budget Analyst, GMD Construction &Maintenance Admin
Date: 4/24/2014 1:31:22 PM
Name: WardKelsey
Title: Manager-Procurement,Purchasing&General Services
Date: 4/24/2014 5:10:22 PM
Name: TeachScott
Title: Deputy County Attorney, County Attorney
Date: 4/29/2014 10:45:37 AM
Name: CarnellSteve
Title: Administrator-Public Services, Public Services Division
Date: 4/30/2014 9:02:40 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/1/2014 8:17:26 AM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Transportation Engineering&Construction Management
Date: 5/2/2014 5:36:48 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 5/5/2014 1:52:33 PM
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GENERAL RULES AND REGULATIONS FOR ELECTRIC SERVICE-Florida Power and Light Tariff
2.2 Point of Delivery. This is the point where the Company's wires or apparatus are connected with those
of the Customer. The point of delivery shall be determined by the Company.
5.1 Relocation of Company's Facilities. When there is a change in the Customer's operation or construction which,
in the judgment of the Company, makes the relocation of Company's facilities necessary, or if such relocation is
requested by the Customer, the Company will move such facilities at the Customer's expense to a location which is
acceptable to the Company.
8_1 Setting and Removing Meters. None but duly authorized agents of the Company or persons authorized by
law shall set or remove, turn on or turn off, or make any changes which will affect the accuracy of such
meters. Connections to the Company's system are to be made only by its employees.
10.2.6.Design and Ownership
The Company will design,install,own,and maintain the electric distribution facilities up to the designated point of
delivery except as otherwise noted.Any payment made by the Applicant under the provisions of these Rules will not
convey to the Applicant any rights of ownership or right to specify Company facilities utilized to provide service.
SECTION 10.5 UNDERGROUND SERVICE LATERALS REPLACING EXISTING RESIDENTIAL
OVERHEAD AND UNDERGROUND SERVICES
10.5.1.Applicability
When requested by the Applicant,the Company will install underground service laterals from existing systems as
replacements for existing overhead and underground services to existing residential buildings containing less than
five individual dwelling units.
10.5.2.Rearrangement of Service Entrance
The Applicant shall be responsible for any necessary rearranging of his existing electric service entrance facilities to
accommodate the proposed underground service lateral in accordance with the Company's specifications.
10.5.3 Trenching and Conduit Installation
The Applicant shall also provide, at no cost to the Company, a suitable trench,perform the backfilling and any
landscape,pavement or other similar repairs and install Company provided conduit according to Company
specifications.When requested by the Applicant and approved by the Company,the Company may supply the
trench and conduit and the Applicant shall pay for this work based on a specific cost estimate. Should paving,grass,
landscaping or sprinkler systems need repair or replacement during construction,the Applicant shall be responsible
for restoring the paving,grass, landscaping or sprinkler systems to the original condition.
10.5.4. Contribution by Applicant
a)The charge per service lateral replacing an existing
Company-owned overhead service for any density shall be:
Applicant's Contribution
1.Where the Company provides an underground service lateral: $668.64
2. Where the Company provides a riser to a hand hole at the base of the pole: $911.67
b)The charge per service lateral replacing an existing Company-owned
underground service at Applicant's request for any density shall be:
1. Where the service is from an overhead system: $700.10
2. Where the service is from an underground system: $605.93
c)The charge per service lateral replacing an existing Customer-owned
underground service from an overhead system for any density shall be: $494.02
d)The charge per service lateral replacing an existing Customer-owned
underground service from an underground system for any density
shall be: $159.40
The above charges include conversion of the service lateral from the last FPL pole to the meter location.Removal of
any other facilities such as poles,down-guys, spans of secondary,etc.will be charged based on specific cost
estimates for the requested additional work.
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***Attachment***
Compatibility/Proprietary
Under FPL Tariff section 10.2.6 The Company will design,install,own,and maintain the electric
distribution facilities up to the designated point of delivery except as otherwise noted. The Point of delivery is the
electrical meter. FPL is required by tariff to provide this link and make this connection of the meter to FPL's system
by their employees only. The charge by FPL for this service is$668.64 per residence. This Waiver covers
approximately 74 residences.
In accordance with tariff section 10.5.2 and 10.5.3 Collier County is responsible for completing a portion of the
work in preparation for the proposed FPL Service.
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60A-1.002 Purchase of Commodities or Contractual Services.
(1) Agencies are delegated the conditional authority to purchase commodities or contractual services (except insurance, unless
permitted pursuant to Section 287.022,F.S.).The conditions of this delegation are(i)that the agencies comply with the requirements
of subsection 287.042(12),F.S.; (ii)that State Purchasing retains the full supervisory authority provided by that subsection;and(iii)
that State Purchasing reserves the right to rescind the authority delegated to all agencies by amendment to this rule and reserves the
right to rescind the authority delegated to an agency for failure to comply with that subsection.
(2) Purchases with value below$2,500 shall be carried out using good purchasing practices. Such practices include but are not
limited to the receipt of written quotations or written records of telephone quotations.
(3) Purchases which meet or exceed $2,500, but are less than or equal to the threshold for Category Two may be made using
written quotations, written records of telephone quotations, or informal bids to be opened upon receipt, whenever practical. If the
agency receives verbal quotations, the name and address of each respondent and the amount quoted shall be a part of the written
documentation. If the agency receives less than two quotations, it must include a statement as to why additional quotes were not
received. If the agency determines that commodities or contractual services are available only from a single source, or that
conditions warrant negotiation on the best terms and conditions, the agency may proceed with the procurement. The agency shall
document the conditions and circumstances used to determine the procurement method.
(4) In accordance with Chapter 287, F.S., all purchases for which the total contract value is in excess of the threshold amount
for Category Two for a commodity or group of commodities or contractual service shall be made by first securing formal
competitive solicitations, unless an exemption applies. The following purchases are not subject to competitive solicitation
requirements.
(a)Regulated Utilities and government franchised services.
(b)Regulated Public communications,except long distance telecommunications services or facilities.
(c) Artistic services, which include any artistic work performed by an artist, as defined in Section 287.012(3), F.S., including
cases in which the acquisition requires that the artist furnish a commodity created through the artistic work.
(d) An academic program review, defined as a structured evaluation of the relative merits of an established university or
secondary educational program or program component conducted by recognized experts in the field of study and resulting in a
written report with specific recommendations.
(e) Lectures by individuals. A lecture is a formal or methodical reading or presentation on any subject, but it is not intended to
be used for the purpose of,or in connection with,training of personnel.
(f) Auditing services, which are services provided by a licensee under Chapter 473, F.S., in which the licensee attests as an
expert in accountancy to the reliability or fairness of presentation of financial information or utilizes any form of disclaimer of
opinion which is intended or conventionally understood to convey an assurance of reliability as to matters not specifically
disclaimed.
(g) Promotional services and events purchased from donated funds by the Secretary of State for purposes provided in Section
15.18(7),F.S.
(h)Payments for membership dues pursuant to Section 216.345,F.S.
(i)Examinations approved in accordance with Section 455.217(1)(c),F.S.
(j)Adoption placement services licensed by the Department of Children and Family Services.
(k)Other purchases identified in Section 287.057(5)(f),F.S.
(1)Purchases from alternate contract sources,pursuant to Section 287.042(16),F.S.
(m) Purchases made by agencies pursuant to Section 287.056(1), F.S., from state term contracts competitively procured by the
Department.
(5) When determining the amount or amounts of purchases for the purpose of applying the threshold categories, agencies shall
follow the definitions and classes and _groups of commodities or contractual services established by the Department. Acquisitions
shall be reviewed and considered on an agency-wide basis, except that acquisitions by agencies with decentralized purchasing
functions shall be considered and reviewed on the basis of each purchasing office that maintains full-time purchasing staff. A
purchasing office shall not divide its purchases or its purchasing operations to circumvent these requirements. Determination of the
threshold amount for Category Two for lease or rental is based on a twelve(12)month period of time. Extension of a contract for an
additional period of time is not subject to this provision.
(6) In any procurement which exceeds the threshold amount for Category Two and is accomplished without competition, the
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individuals taking part in the development or selection criteria for evaluation, the evaluation process, or the award process shall
attest in writing that they are independent of, and have no conflict of interest in, the entities evaluated and selected. The attestation
shall be placed in the agency file.
(7) All formal solicitations issued by an agency shall include the standard "General Contract Conditions" Form PUR 1000
(11/04), and the standard "General Instructions to Respondents" Form PUR 1001 (11/04), each of which is hereby incorporated by
reference.The forms are available on the internet at http://dms.myflorida.com/purchasing.Except as modified by an agency pursuant
to the following subsections,these instructions shall apply to all formal solicitations and these conditions shall be part of all resulting
contracts.
(a) PUR 1001 contains instructions explaining the solicitation process and the actions necessary to respond. The agency shall
attach additional materials specific to each particular solicitation, including but not limited to contact information, a solicitation
timeline, a location for the public opening, evaluation criteria, required information regarding renewal of the contract, and any other
necessary information.These additional instructions are commonly referred to as"Special Instructions to Respondents."In the event
of any conflict between Form PUR 1001 and the additional instructions attached by the agency,the additional instructions shall take
precedence over the Form PUR 1001 unless the conflicting term is required by any section of the Florida Statutes, in which case the
term contained in PUR 1001 shall take precedence.
(b) PUR 1000 contains standard terms and conditions that will apply to the contract which results from the solicitation event.
The agency shall attach additional contract terms and conditions specific to each particular solicitation. These additional terms are
commonly referred to as"Special Conditions."In the event of any conflict between the PUR 1000 form and any Special Conditions
attached by the agency,the Special Conditions shall take precedence over the PUR 1000 form unless the conflicting term in the PUR
form is required by any section of the Florida Statutes, in which case the term contained in PUR 1000 shall take precedence.
(8) In addition to including the PUR 1001 and PUR 1000, all formal solicitations issued by an agency shall include an
Introductory Section, a Special Conditions Section and a Technical Specifications or Statement of Work Section. The Introductory
Section shall include an overview of the solicitation and a timeline or calendar of events relevant to the solicitation. As provided in
paragraph (7)(b) above, the Special Conditions Section shall be used by agencies to supplement or supersede(d) the General
Contract Conditions contained in PUR 1000. The Technical instructions or Statement of Work Section shall be used by agencies to
provide detail regarding the scope of contractual services sought or commodities to be procured by the agency through the formal
sol icitati on.
(9) All contracts entered into as a result of a formal solicitation issued by an agency shall include a contractual condition
requiring the vendor to comply with all laws and rules applicable to the vendor providing the commodities or services to the agency.
Specific Authority 287.042 FS. Law Implemented 287.042, 287.057 FS. History--New 5-20-64, Amended 4-4-67, Revised 2-6-68, Amended 2-8-69,
Revised 5-20-71, Amended 7-31-75, 10-1-78, Revised 11-14-79, Amended 8-18-80, 8-6-81, 10-13-83, 3-1-84, 3-14-84, 11-12-84, 2-28-85, 12-17-
85,Formerly 13,4-1.02,Amended 6-5-86, 2-9-87, 11-3-88, 1-18-90, 4-10-91, 9-1-92,Formerly 13A-1.002,Amended 4-24-94, 1-9-95, 1-1-96, 3-21-
96, 9-23-96, 7-6-98, 1-2-00, 10-3-04, 12-22-04, 10-15-06.
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03�-72316, 5/13/2014 16.D.3.
d aE ORDINANCE NO. 2009- 70
a �
• Pe61, ac:3\'' ORDINANCE AMENDING COLLIER COUNTY ORDINANCE 200143,AS
AMENDED (THE VANDERBILT BEACH BEAUTIFICATION MUNICIPAL
SERVICE TAXING UNIT); AMENDING SECTION THREE, PURPOSE AND
GOVERNING BODY; PROVIDING FOR A NEW SECTION GOVERNING
THE CONVERSION OF OVERHEAD UTILITY DISTRIBUTION FACILITIES
TO UNDERGROUND SERVICE; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS
AND ORDINANCES; AND PROVIDING FOR EFFECTIVE DATE.
WHEREAS, on July 31, 2001, the Board of County Commissioners adopted Ordinance
No. 2001-43, establishing the Vanderbilt Beach Beautification Municipal Service Taxing Unit;
and
WHEREAS, the Vanderbilt Beach Beautification Municipal Service Taxing Unit
Advisory Committee requested that the Board of County Commissioners amend and revise
Section Three of Collier County Ordinance No. 2001-43; and
WHEREAS, on December 15, 2009, the Board of County Commissioners as the
governing body of the Vanderbilt Beach Beautification Municipal Service Taxing Unit approved
the amendment to Ordinance No. 2001-43.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Collier County Ordinance
No. 2001-43, as amended, is hereby further amended to read as follows:
SECTION ONE: Amendment to Section Three Purpose and Governing Body
Section Three, Purpose and Governing Body of Collier County Ordinance No. 2001-43 is
hereby amended to read as follows:
1
Underlined words are added: Struck Thrnugh words are deleted.
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SECTION THREE. Purpose and Governing Body
The MSTU is created for the purpose of: (1) Providing curbing, watering facilities,
plantings and maintenance of the median strips and right-of-way edges of roadways within the
MSTU; (2) Providing traffic calming improvements, street lighting, and sidewalks within the
MSTU; (3) Beautification and maintenance of other public areas within the MSTU as determined
by the Advisory Committee; and (4) providing for the Burial of Power Lines within the MSTU,
including providing underground trenching and burial of utility lines from the street or
transformer to private residences and, as needed, arranging to locate the burial of such power
lines alongside any existing utility easements, as well as. connecting service and/or
disconnecting service to the external portions of the residences required as part of converting
overhead utility distribution facilities to underground service but excluding the expenditure of
service to residences required by current code or resulting from any other hardware
nonconformity. The governing body of the MSTU shall be the Board of County Commissioners
of Collier County, Florida.
SECTION TWO: Conversion of Overhead Utility Distribution Facilities to
Underground Service
(a) The conversion of overhead utility distribution facilities to underground service is
intended to provide aesthetic benefits, enhancing both the property values and quality of life of
the residents of the MSTU, and would reduce instances of power outages resulting from
overhead power lines from both natural and man-made occurrences thereby promoting the
health, safety, and welfare of those residents.
(b) The MSTU shall notify each property owner that the existing overhead utility
distribution service will be disconnected for conversion to underground facilities at least sixty
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(60) days (hereinafter referred to as the "notice") prior to a specified date(s) certain of the actual
underground conversion. The notice shall be served by certified mail, addressed to the owner or
owners of the property described as their names and addresses are shown upon the records of the
county tax assessor, or other such public records filed in Collier County, Florida, and shall be
deemed complete and sufficient when so addressed and deposited in the United States mail. In
the event such notice is returned by postal authorities,_a copy of the notice is to be served by a
law enforcement officer, or other lawfully authorized process server, upon the occupant of the
land or any agent of the owner thereof. In the event that personal service upon the occupant of
the land or upon any agent of the owner thereof cannot be performed after reasonable search by a
law enforcement officer or other lawfully authorized process server,the notice shall be served by
physical posting on said property.
(c) Within sixty (60) days from the date of the MSTU's notice that overhead utility
distribution facilities are ready to be converted to underground distribution facilities, owners and
occupants of property within the MSTU shall allow access to their premises and cooperate with
the contractor retained for the project so that the conversion of the overhead facilities
underground can be accomplished.
(d) Whenever overhead utility distribution facilities are converted underground, such
facilities shall remain underground and may not thereafter be converted to overhead facilities,
except with the prior approval of the governing body, and only in instances necessary to promote
the health, safety and welfare of the MSTU residents.
(e) This article may be enforced by all available means authorized by law. The
ivISTU, through its governing body, shall take any and all steps necessary to ensure the health,
3
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safety, and welfare of all residents within the MSTU during the underground conversion of
utilities.
SECTION THREE: Conflict and Severability
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law,the more restrictive shall apply. If any phrase or portion of this Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION FOUR: Inclusion in The Code of Laws and Ordinances
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or
re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
SECTION FIVE: Effective Date
This Ordinance shall be effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this 15Th day of DE(P M/J Pie , 2009.
4
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ATTEST J,* . '"n 74, BOARD OF OUNTY COMMISSIONERS
DWIG'HT E. BRO ,,CI Clerk OF COLL COUNTY,FL9RIDA
CAAL,
Deput .Clerk l ".
Air" DO A FIALA, CHAIRMAN
AMA nite ANR1 $
timbre soli
Approved as to form and
Legal sufficiency:
fr
Scott R. Teach
Deputy County Attorney
This ordinance flied with the
Sec►,eto y of State's Office e
lismckhr of _i
and acktowtedgensent of that
Eflir►} 'heceived this da
of 1! �. .. Y
5
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5/13/2014 16.D.3.
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of :
ORDINANCE 2009-70
Which was adopted by the Board of County Commissioners
on the 15th day of December, 2009, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 17th
day of December, 2009 .
DWIGHT E. BROCK . :;
Clerk of Courts: acid 'Clerk
Ex-officio to Board of
County Commissioners
IP
U U1
J N
By: Martha yerg&ra,
Deputy Clerk
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