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02-01-05 Item 6CITY OF SOUTH MIAMI Inter - office Memorandum TO: Honorable Mayor, Vice Mayor & City Commission FROM: Maria V. Davis City Manager RESOLUTION: s, DATE: February 1, 2005 AGENDA ITEM No. 6 RE: Authorizing the City Manager to execute an agreement between the City of South Miami and South Florida Water Management District for $725,000 grant A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT WITH SOUTH FLORIDA WATER MANAGEMENT DISTRICT OF $725,000 FOR WATER DISTRIBUTION SYSTEM IMPROVEMENTS; PROVIDING FOR EFFECTIVE DATE BACKGROUND & ANALYSIS: Following our 2004 Legislative Appropriations request, the city was granted $725,000 for much needed water main distribution system extensions within the City. The primary intent of the water main distribution projects approved under this funding is to provide potable drinking water to City residents currently without potable drinking water and fire protection. On a secondary basis, residents with undersized water service lines within the project area will be upgraded. RECOMMENDATION: It is recommended that the City Commission approve the resolution. ATTACHMENTS: Ll Proposed resolution LJ Grant Agreement with South Florida Water Management District 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT WITH SOUTH FLORIDA WATER MANAGEMENT DISTRICT OF $725,000 FOR WATER DISTRIBUTION SYSTEM IMPROVEMENTS; PROVIDING FOR EFFECTIVE DATE WHEREAS, the Mayor and City Commission wishes to accept a grant from South Florida Water Management District (SFWMD); and, WHEREAS, the agreement is intended to grant the city $725,000 to provide water main extensions citywide. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: Section 1: The Mayor and City Commission authorize the City Manager to execute a $725,000 grant agreement with SFWMD. Section 2: The attached agreement is made a part of the resolution. PASSED AND ADOPTED this day of 12005. APPROVED: ATTEST: Maria Menendez, City Clerk READ AND APPROVED AS TO FORM: CITY ATTORNEY Mary Scott Russell, Mayor Commission Vote: Mayor Russell: Vice Mayor Palmer: Commissioner Wiscombe: Commissioner Birts- Cooper: Commissioner Sherar: SOUTH FLORIDA WATER MANAGEMENT DISTRICT 3301 Gun Club Road, West Palm Beach, Florida 33406 . (5611686-8800 • FL WATS 1- 800 - 432 -2045 • TDD (561) 697 -2574 Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416 -4680 ® www.sfwmd.gov ADM 28 -06 January 19, 2005 Mr. Ajibola Balogun City of S. Miami 6130 Sunset Drive So. Miami, FL 33143 -5040 Subject: Contract No. OT050657 Water Distribution System improvements Dear Mr.Balogun: Enclosed are two (2) copies of the subject agreement. Upon receipt, please forward written notification (email /facsimile) to the individual identified below indicating that the contract documents have been received and will be executed and returned to the District no later than the District's Governing Board meeting date of February 9, 2005. Please have them signed and dated by an individual with signature authority on behalf of your organization. A fully signed agreement will be returned to you upon execution by the District. Note that this agreement is not binding on the parties until it is approved by the appropriate level of authority within the District and fully executed. The undersigned may be contacted by email at RGiroux @SFWMD.gov or by facsimile at 561 - 681 -6275. Sincerely, Qn V%"110 Rup Girou Contract Specialist Procurement Department RG /lw c: Evan Skornick, 4430 w/ attachment GOVERNING BOARD Nicolas J. Gutierrez, Jr., Esq., Chair Pamela Brooks - Thomas, Vice -Chair Irela M. Bague F'YP(`I TTTT /r n Michael Collins Kevin McCarty Henry Dean, Executive Director Hugh M. English Harkley R. Thornton Lennart E. Lindahl, P.E. Trudi K. Williams, P.E. AGREEMENT NO.OT050657 BETWEEN THE / SOUTH FLORIDA WATER MANAGEMENT DISTRICT CITY OF SOUTH MIAMI THIS AGREEMENT is entered into as of the by and between the South Florida Water Management District (DISTRICT) and the City of South Miami (CITY). WHEREAS, the DISTRICT is a public corporation of the State of Florida, created by the Florida Legislature and given those powers and responsibilities enumerated in Chapter 373, Florida Statutes, to include entering into contracts with public agencies, private corporations or other persons; and WHEREAS, the DISTRICT desires to provide financial assistance to the CITY for Water Distribution System Improvements; and WHEREAS, the CITY warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms and conditions of this AGREEMENT; and WHEREAS, the Governing Board of the DISTRICT at its February 9, 2005 meeting, approved entering into this AGREEMENT with the CITY; NOW, THEREFORE, in consideration of the covenants and representations set forth herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. The DISTRICT agrees to contribute funds and the CITY agrees to perform the work set forth in Exhibit "A" attached hereto and made a part hereof, subject to availability of funds and in accordance with their respective authorities to complete water main system extension and to complete upgrades to the distribution system. The period of performance of this AGREEMENT shall commence on the date of execution of this AGREEMENT and shall continue for a period of one (1) year. The total DISTRICT contribution shall not exceed the amount of Seven Hundred Twenty- fiveThousand Dollars and No Cents ($725,000.00). The DISTRICT will provide the full amount based on the Payment and Deliverable Schedule set forth in Exhibit `B ", which is attached hereto and made a part of this AGREEMENT. The DISTRICT's contribution is subject to adequate documentation to support actual expenditures within the not -to- exceed AGREEMENT funding limitation of $725,000.00. In no event shall the DISTRICT be liable for any contribution hereunder in excess of this amount. If the total consideration for this AGREEMENT is subject to multi -year funding allocations, funding for each applicable fiscal year of this AGREEMENT will be subject to Governing Board budgetary appropriation. In the event the DISTRICT does not approve funding for any subsequent fiscal year, this AGREEMENT shall terminate upon expenditure of the current funding, notwithstanding other provisions in this AGREEMENT to the Agreement No. OT050657 - Page 1 of 5 contrary. The DISTRICT will notify the CITY in writing after the adoption of the final DISTRICT budget for each subsequent fiscal year if funding is not approved for this AGREEMENT. 4. The CITY shall submit quarterly financial reports to the DISTRICT providing a detailed accounting of all expenditures incurred hereunder, throughout the term of this AGREEMENT. The CITY shall report and document the amount of funds expended per month during the quarterly reporting period and the AGREEMENT expenditures to date within the maximum not -to- exceed AGREEMENT funding limitation. The CITY shall cost share in the total amount of Eight Hundred Thirty -One Thousand Two Hundred Fifty Dollars and No Cents ($831,250.001 in conformity with the laws and regulations governing the CITY. 6. All work to be performed under this AGREEMENT is set forth in Exhibit "A ", Statement of Work, which is attached hereto and made a part of this AGREEMENT. The CITY shall submit quarterly progress reports detailing the status of work to date for each task. The work specified in Exhibit "A" shall be under the direction of the CITY but shall be open to periodic review and inspection by either party. No work set forth in Exhibit "A" shall be performed beyond the expiration date, unless authorized through execution of an amendment to cover succeeding periods. The CITY is hereby authorized to contract with third parties (subcontracts) for services awarded through a competitive process required by Florida Statutes. The CITY shall not subcontract, assign or transfer any other work under this AGREEMENT without the prior written consent of the DISTRICT's Project Manager. The CITY agrees to be responsible for the fulfillment of all work elements included in any subcontract and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the CITY that the DISTRICT shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract(s). Both the DISTRICT and the CITY shall have joint ownership rights to all work items, including but not limited to, all documents, technical reports, research notes, scientific data, computer programs, including the source and object code, which are developed, created or otherwise originated hereunder by the other party, its subcontractor(s), assign(s), agent(s) and/or successor(s) as required by the Exhibit "A ", Statement of Work. Both parties' rights to deliverables received under this AGREEMENT shall include the unrestricted and perpetual right to use, reproduce, modify and distribute such deliverables at no additional cost to the other party. Notwithstanding the foregoing, ownership of all equipment and hardware purchased by the CITY under this AGREEMENT shall be deemed to be the property of the CITY upon completion of this AGREEMENT. The CITY shall retain all ownership to tangible property. 9. The CITY, to the extent permitted by law, assumes any and all risks of personal injury, bodily injury and property damage attributable to negligent acts or omissions of the CITY and the officers, employees, servants and agents thereof. The CITY represents that it is self - funded for Worker's Compensation and liability insurance, covering bodily injury, personal injury and property damage, with such protection being applicable to the CITY, its officers and employees while acting within the scope of their employment during performance of under this AGREEMENT. In the event that the CITY subcontracts any part or all of the work hereunder to any third party, the CITY shall require each and every subcontractor to identify the DISTRICT as an additional insured on all insurance policies as required by the CITY. Any contract awarded by the CITY shall include a provision whereby the CITY's subcontractor agrees to indemnify, pay on behalf, and hold the DISTRICT harmless from all damages arising in connection with the CITY's subcontract. 10. The CITY and the DISTRICT further agree that nothing contained herein shall be construed or interpreted as (1) denying to either party any remedy or defense available to such party under the laws of the State of Florida; (2) the consent of the State of Florida or its agents and agencies to be sued; or (3) a waiver of sovereign immunity of the State of Florida beyond the waiver provided in Section 768.28, Florida Statutes. 11. The parties to this AGREEMENT are independent entities and are not employees or agents of the other parties. Nothing in this AGREEMENT shall be interpreted to establish any relationship other than that of independent entities, between the DISTRICT, the CITY, their employees, agents, subcontractors or assigns, during or after the term of this AGREEMENT. The parties to this AGREEMENT shall not assign, delegate or otherwise transfer their rights and obligations as set forth in this AGREEMENT Agreement No. OT050657 - Page 2 of 5 without the prior written consent of the other parties. Any attempted assignment in violation of this provision shall be void. 12. The parties to this AGREEMENT assure that no person shall be excluded on the grounds of race, color, creed, national origin, handicap, age or sex, from participation in, denied the benefits of, or be otherwise subjected to discrimination in any activity under this AGREEMENT. 13. The CITY, its employees, subcontractors or assigns, shall comply with all applicable federal, state and local laws and regulations relating to the performance of this AGREEMENT. The DISTRICT undertakes no duty to ensure such compliance, but will attempt to advise the CITY, upon request, as to any such laws of which it has present knowledge. 14. Either party may terminate this AGREEMENT at any time for convenience upon thirty (30) calendar days prior written notice to the other party. In the event of termination, all funds not expended by the CITY for authorized work performed through the termination date shall be returned to the DISTRICT within sixty (60) days of termination. 15. The CITY shall allow public access to all project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the CITY assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the CITY. 16. The CITY shall maintain records and the DISTRICT shall have inspection and audit rights below. The CITY shall similarly require each subcontractor to maintain and allow access to such records for audit purposes: A. Maintenance of Records: The CITY shall maintain all financial and non - financial records and reports directly or indirectly related to the negotiation or performance of this AGREEMENT including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five (5) years from the expiration date of this AGREEMENT. B. Examination of Records: The DISTRICT or designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this AGREEMENT. Such examination may be made only within five (5) years from the expiration date of this AGREEMENT. C. Extended Availability of Records for Legal Disputes: In the event that the DISTRICT should become involved in a legal dispute with a third party arising from performance under this AGREEMENT, the CITY shall extend the period of maintenance for all records relating to the AGREEMENT until the final disposition of the legal dispute. All such records shall be made readily available to the DISTRICT. 17. Whenever the DISTRICT's contribution includes state or federal appropriated funds, the CITY shall, in addition to the inspection and audit rights set forth in paragraph #16 above, maintain records and similarly require each subcontractor to maintain and allow access to such records in compliance with the requirements of the Florida State Single Audit Act and the Federal Single Audit Act, as follows: A. Maintenance of Records: The DISTRICT shall provide the necessary information to the CITY as set forth in Exhibit "C ". The CITY shall maintain all financial /non - financial records through: (1) Identification of the state or federal awarding agency, as applicable (2) Project identification information included in the Catalog of State Financial Assistance (CSFA) or the Catalog of Federal Financial Assistance (CFDA), as applicable (3) Audit and accountability requirements for state projects as stated in the Single Audit Act and applicable rules of the Executive Office of Governor, rules of the Chief Financial Officer and rules of the Auditor General and the State Projects Compliance Supplement (4) Audit/accountability requirements for federal projects as imposed by federal laws and regulations (5) Submission of the applicable single audit report to the DISTRICT, as completed per fiscal year B. Examination of Records: The DISTRICT or designated agent, the state awarding agency, the state's Chief Financial Officer and the state's Auditor General and/or federal awarding agency shall have the right to examine the CITY's financial and non - financial records to the extent necessary to monitor the CITY's Agreement No. OT050657 - Page 3 of 5 use of state or federal financial assistance and to determine whether timely and appropriate corrective actions have been taken with respect to audit findings and recommendations which may include onsite visits and limited scope audits. 18. All notices or other communication regarding this AGREEMENT shall be in writing and forwarded to the attention of the following individuals: South Florida Water Management District Attn: Evan Skormck, Project Manager Telephone No. (305) 377 -7274 ext. 7290 Attn: Rupert Giroux, Contract Specialist Telephone No. (561) 682 -2532 Address: P.O. Box 24680 3301 Gun Club Road West Palm Beach, FL 33416 -4680 City of South Miami Attn: Ajibola Balogun, Project Manager Telephone No. (305) 663 -6350 Address: 6130 Sunset Drive South Miami, FL 33143 -5040 19. CITY recognizes that any representations, statements or negotiations made by DISTRICT staff do not suffice to legally bind DISTRICT in a contractual relationship unless they have been reduced to writing and signed by an authorized DISTRICT representative. This AGREEMENT shall inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. 20. This AGREEMENT may be amended, extended or renewed only with the written approval of the parties. The DISTRICT shall be responsible for initiating any amendments to this AGREEMENT, if required. 21. This AGREEMENT, and any work performed hereunder, is subject to the Laws of the State of Florida. Nothing in this AGREEMENT will bind any of the parties to perform beyond their respective authority, nor does this AGREEMENT alter the legal rights and remedies which the respective parties would otherwise have, under law or at equity. 22. Should any term or provision of this AGREEMENT be held, to any extent, invalid or unenforceable, as against any person, CITY or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this AGREEMENT, to the extent that the AGREEMENT shall remain operable, enforceable and in full force and effect to the extent permitted by law. 23. Failures or waivers to insist on strict performance of any covenant, condition, or provision of this AGREEMENT by the parties shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other party from performing any subsequent obligations strictly in accordance with the terms of this AGREEMENT. No waiver shall be effective unless in writing and signed by the party against whom enforcement is sought. Such waiver shall be limited to provisions of this AGREEMENT specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. 24. Any dispute arising under this AGREEMENT which cannot be readily resolved shall be submitted jointly to the signatories of this AGREEMENT with each party agreeing to seek in good faith to resolve the issue through negotiation or other forms of non - binding alternative dispute resolution mutually acceptable to the parties. A joint decision of the signatories, or their designees, shall be the disposition of such dispute. 25. This AGREEMENT states the entire understanding and agreement between the parties and supersedes any and all written or oral representations, statements, negotiations, or agreements previously existing between the parties with respect to the subject matter of this AGREEMENT. 26. Any inconsistency in this AGREEMENT shall be resolved by giving precedence in the following order: (a) Terms and Conditions outlined in preceding paragraphs 1— 24 (b) Exhibit "A" Statement of Work Agreement No. OT050657 - Page 4 of 5 (c) all other exhibits, attachments and documents specifically incorporated herein by reference IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute this AGREEMENT on the date first written above. S17D procurement approved Date: SOUTH FLORIDA WATER MANAGEMENT DISTRICT BY ITS GOVERNING BOARD LN Frank Hayden, Director of Procurement CITY OF SOUTH MIAMI I= Agreement No. OT050657 - Page 5 of 5 EXHIBIT "A" STATEMENT OF WORK CITY OF SOUTH MIAMI WATER DISTRIBUTION SYSTEM IMPROVEMENTS INTRODUCTION The City of South Miami (City) Project was partially funded by Fiscal Year 2005 Ad Valorem funds collected by the South Flrorida Water Management District. These funds are administered through the District and dispersed and managed at the local level. The City is located within the southeastern portion of Miami -Dade County and is roughly bounded by Bird Road (SW 40th Street) to the north, Kendall Drive (SW 88th Street) to the south, SW 69th Avenue to the west and Red Road (SW 57th Avenue) to the east. A large portion of the City is currently connected to the City's water distribution system, however, there are several pockets within the City limits that are not connected to this system and currently utilize private wells for their water supply. Through testing of water samples collected from several private wells throughout the City, the Florida Department of Health identified a potential Arsenic hazard to the citizens utilizing those wells. Therefore, the City has identified the need to extend and upgrade the existing distribution system in order to assure safe drinking water availability to all residents within the City limits. This project will also provide the benefit of reducing localized groundwater consumption rates within the pocket area that do not currently have access to the distribution system. OBJECTIVE The overall project objective is to provide much needed potable drinking water for residents of the City currently on well water system and to upgrade undersized existing distribution systems within the City. The improvement will also include the installation of fire hydrants for fire protection within the improvement areas. All improvements within this Project will be phased and the proposed phase is described in Section 3.0 of this Statement of Work. SCOPE OF WORK The City will retain a consultant to provide the professional services needed to complete the water main system extension. The steps to be taken in the planning, design and construction, as applicable per project, are set forth below. However, responsibility for carrying out all tasks under this Scope of Work shall reside with the City. The City shall be responsible for the satisfactory completion of all work under this Statement of Work. This Statement of Work will focus on activities that fall within three phases: Phase 1: Citywide Water Main Extension — Area 1 Phase 2: Citywide Water Main Extension — Area 2 Phase 3: Citywide Water Main Improvements For each Phase listed above, the following list of tasks shall be undertaken: Page 1, Exhibit "A ", Statement of Work, OT050657_ Task 1: Preconstruction Activities. Task 2: Construction Activities. The Project will meet the regulatory requirements of all government agencies with permitting jurisdiction. WORK BREAKDOWN STRUCTURE At the end of each task, the City shall deliver Three (3) copies of the task deliverables to the District. The District shall distribute the copies to the FDEP for its information and use. The City shall also provide a summary of the project including estimated cost to the District upon completion of Task 2. The City is responsible for project management, budget management and quality control. The City is responsible for reviewing and approving deliverables from the consultant to ensure that the project objectives are met. Phase 1: Citywide Water Main Extension — Area l This portion of the project shall take place within the geographic area bounded as follows, and shall include or exclude streets or neighborhood sections as noted: Task 1: Preconstruction Activities • Data Inventory (Onsite & Record search) • Preliminary Layout/Design • Survey • System Design/Preparation of Design Specifications • Design Plans Permitting Task 2: Construction Activities • Construction Plans Bid • Construction Plans Permit • Construction Activities & Close -out Deliverables: Summary Report including submittal of 100% Design Plans, Monthly Construction Progress Reports and As -Built engineering plans. Phase 2: Citywide Water Main Extension — Area 2 This portion of the project shall take place within the geographic area bounded as follows, and shall include or exclude streets or neighborhood sections as noted: Task 1: Preconstruction Activities • Data Inventory (Onsite & Record search) • Preliminary Layout /Design • Survey • System Design/Preparation of Design Specifications • Design Plans Permitting Task 2: Construction Activities Page 2, Exhibit "A ", Statement of Work, OT050657 • Construction Plans Bid • Construction Plans Permit • Construction Activities & Close -out Deliverables: Summary Report including submittal of 100% Design Plans, Monthly Construction Progress Reports and As -Built engineering plans. Phase 3: Citywide Water Main Improvements This portion of the project shall provide for general improvements, extension and upgrades to the distribution system to meet current and future capacity. Task 1: Preconstruction Activities • Data Inventory (Onsite & Record search) • Preliminary Layout/Design • Survey • System Design/Preparation of Design Specifications • Design Plans Permitting Task B: Construction Activities • Construction Plans Bid • Construction Plans Permit • Construction Activities & Close -out Deliverables: Summary Report including submittal of 100% Design Plans, Monthly Construction Progress Reports and As -Built engineering plans. Page 3, Exhibit "A ", Statement of Work, OT050657 EXHIBIT "B" PAYMENT AND DELIVERABLES SCHEDULE Total payment by the District to the City shall not exceed the amount of $725,000.00. All invoices shall be accompanied by adequate documentation to support actual expenditures incurred by the City within the not -to- exceed amounts specified below in accordance with Article 3 of the Agreement. Payment by the District is further subject to receipt of quarterly progress reports and financial statements from the City with documentation to demonstrate completion of each project task in accordance with Exhibit "A" Statement of Work requirements. The City is responsible for reviewing and approving deliverables to ensure that project objectives are met. The City is also responsible for project management, budget management and quality control. * All dates are referenced from the date of contract execution. ** The District shall only be obligated to pay for documented actual expenditures within the not -to- exceed amounts specified above. In the event actual expenditures by the City are less than the not -to- exceed for a particular task, the City shall have the right to apply the unexpended balance towards a subsequent task. The City shall provide written notice of its decision to exercise this right. In no event shall the District's total obligation exceed $725,000.00 as specified above. * ** The project cost (Total Cost) includes City's project management/administrative fee and $800,000 spent in support of this program by Miami -Dade County through the Miami -Dade County Needs Assessment Fund. Page 1, Exhibit `B ", Payment and Deliverable Schedule, OT050657 DISTRICT ** Not -to- Exceed Phase Task Deliverable Due Date* Payment Total Cost * ** Task 1 - Summary Report Preconstruction including submittal 6 months $45,000 ' $56,250 Activities of 100% Design Phase 1: Plans. Citywide Water 12 months Main Extension Monthly Pay requests for — Area 1 Task 2 — Construction this task are to be Construction Progress Reports; submitted no more $205,000 $225,000 Activities As -Built frequently than on engineering plans a quarterly basis. Task 1 - Summary Report Preconstruction including submittal 6 months $45000 ' $45,000 Activities of 100% Design Phase 2: Plans. Citywide Water Monthly 12 months Main Extension Task 2 — Construction Pay requests for — Area 2 Construction Progress Reports; this task are to be $205,000 $205,000 Activities As -Built submitted no more engineering plans frequently than on a uarterly basis. Task 1 - Summary Report Preconstruction including submittal 6 months $35,000 $35000 Activities of 100% Design ' Phase 3: Plans. Citywide Water Monthly 12 months Main Task 2 — Construction Pay requests for Improvements Construction Progress Reports; this task are to be $190,000 $190,000 Activities As -Built submitted no more engineering plans frequently than on a quarterly basis. Not -to- Exceed Total Payment 1 $725,000.00 $1,556,250 * ** * All dates are referenced from the date of contract execution. ** The District shall only be obligated to pay for documented actual expenditures within the not -to- exceed amounts specified above. 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