BROWARD COUNTY HOUSING FINANCE & COMMUNITY DEVELOPMENT DIVISION

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1 BROWARD COUNTY HOUSING FINANCE & COMMUNITY DEVELOPMENT DIVISION REQUEST FOR PROPOSALS FOR PROFESSIONAL SERVICES FOR DISASTER RECOVERY INITIATIVE (DRI) SINGLE AND MULTI-FAMILY HARDENING/MITIGATION HOUSING REHABILITATION 2005 CDBG DRI AND CDBG SUPPLEMENTAL DRI PROGRAMS Fiscal Year 2010/2011 Available March 11, 2011 Deadline March 25, :00 P.M. NOON

2 PROPOSAL PROCESS TIMELINE PHASE ONE Window of Opportunity for Assistance a. CDBG DRI/Request for Proposals March 11, 2011 b. Technical Assistance March 11 to March 18, 2011 c. Deadline for Submission of Applications/ Proposals (1 original and 5 copies) March 25, 2011 / 12:00 P.M., NOON PHASE TWO Review and Evaluation Process for Applications/Proposals a. Staff Review of Applications/Proposals; March 28, to April 1, 2011 b. Board of County Commissioners Selection of Proposals Approval of Funding Amounts and Approval of Standard Funding Agreement April 26, 2011 PHASE THREE Agreement Contracting Process To be Completed by May 6, 2011 (Tentative)

3 BROWARD COUNTY HOUSING FINANCE & COMMUNITY DEVELOPMENT DIVISION ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT FY 2010/ CDBG DRI AND CDBG SUPPLEMENTAL DRI PROGRAM PROPOSAL PROCESS INSTRUCTIONS Broward County Housing Finance & Community Development Division 110 NE 3 rd Street, 3rd Floor Fort Lauderdale, FL 33301

4 2005 CDBG DRI AND CDBG SUPPLEMENTAL DRI PROGRAM Table of Contents 1) Applicant Agency Cover Sheet ) Purpose for Solicitation and Program Categories ) Statement of Work 6 4) Terms of Agreement. 8 5) Who May Apply. 8 6) Contact Person.. 8 7) Selection Criteria ) General CDBG DRI/CDBG Supplemental DRI Program Requirement ) Liability Insurance Requirements ) Liquidated Damages ) County Business Enterprise ) Appendices ) CDBG DRI and CDBG Supplemental DRI Rating Tool ) Proposal Checklist and Attachments ) Fatal Flaw Checklist

5 1.Section A. Professional Services for Disaster Recovery Initiatives (DRI) Single and Multi-Family Hardening/Mitigation Housing Rehabilitation Housing Finance & Community Development Division FY 2010/2011 RFP Process AGENCY COVER SHEET Funding Request Summary Total Amount of Funding Requested for Service Delivery: Section B. Applicant Agency Information. Applicant Agency Legal Name:. Main Administrative Address:. City & State:. Zip Code:. Telephone Number:. Fax Number:. Address:. Web Site:. CEO/Executive Officer:. Office Phone Number:. Chief Financial Officer:. Office Phone Number:. Contact Person s Name. Phone Number including area code. Mailing Address, City, State, Zip Code, . Type of Entity (check all that apply): Private-For-Profit Corporation or Limited Partnership Nonprofit Section C. Certification of Accuracy and Compliance I do hereby certify that all facts, figures, and representations made in the application(s) are true and correct. Furthermore, all applicable statutes, terms, conditions, regulations and procedures for program compliance and fiscal control, including but not limited to, those contained in the Bid Solicitation and Core Contract will be implemented to ensure proper accountability of contracts. I certify that the funds requested in this application(s) will not supplant funds that would otherwise be used for the purposes set forth in this project(s) and are a true estimate of the amount needed to operate the proposed project(s). The filing of this application(s) has been authorized by the contracting entity and I have been duly authorized to act as the representative of the agency in connection with this application(s). I also agree to follow all Terms, Conditions, and applicable federal and state statutes. Print Authorized Official s Name Authorized Official s Signature Authorized Official s Title Date 5

6 2. Purpose for this Solicitation Broward County s 2005 CDBG Disaster Recovery Initiatives (DRI) and CDBG Supplemental DRI Programs are administered through the Environmental Protection and Growth Management Department, Housing Finance and Community Development Division of Broward County. The 2005 CDBG DRI/CDBG Supplemental DRI programs provide grant funding to help cities, counties, and states recover from Presidentially-declared disaster areas, with priority placed on low-income impacted areas. The programs are designed to protect against future disasters by offering housing rehabilitation, hardening, and mitigation funding opportunities. The Housing Finance and Community Development Division is now accepting Proposals for management of this program to include client intake, client certification, bid specification preparation, coordination of the bid process, construction oversight, billings and closeout. Proposals shall be submitted by the due date and time as listed in this RFP Application to: Yvette Lopez, Housing Program Manager Broward County Environmental Protection and Growth Management Department Housing Finance and Community Development Division 110 NE 3 RD Avenue, 3rd Floor Fort Lauderdale, FL Phone: (954) All work is contingent upon the Department of Community Affairs (DCA) granting Broward County a program extension. Copies of Proposal One (1) original package, clearly marked original, and five (5) copies, clearly marked copies are required. 3. Statement of Work (SOW) The Housing Finance and Community Development Division seeks proposals from knowledgeable and responsive vendors for assistance in managing the Disaster Recovery Initiative (DRI) housing rehabilitation program. Vendors who can demonstrate the requisite knowledge, experience, and technical expertise, organizational and financial capacity to perform services under the 2005 CDBG DRI/CDBG Supplemental DRI programs will be considered. The proposal shall be responsive, consistent with the technical format outlined and the appropriate form(s) completed. 6

7 Approximately $2,000,000 will be available for this program, with a minimum of 50 housing units to be assisted. A 12% service delivery fee will be paid to the selected vendor/vendors on the awarded amount. Housing Rehabilitation Process Clients shall be referred to the selected vendor, which will conduct application intake, case file creation and all verifications, (to include income, assets. etc.) for the program and complete the application process accurately. Selected vendor shall advise and counsel eligible property owners and recommend approval or disapproval to the County assigned Supervisor/Manager. Vendor shall develop specifications, coordinate bid process with Housing Inspector and prepare and record mortgages and all related documents. Selected vendor shall inspect homes and dwelling units to determine rehabilitation work required and advise owners of required rehabilitation, prepare cost estimates, working drawing and specifications and attend the bid process along with Housing Inspector. Selected vendor shall monitor repairs to assure that work conforms to specifications, bids and to any change orders and may serve as a liaison between the contractor and owner. Vendor will be required to use Broward County Qualified Vendors List (QVL) for contractor solicitation. Knowledge of: Federal, State, and local building codes, ordinance and administrative orders applicable to building and construction trades. Uniform housing code, building codes and /or ordinances. Refer to Rule No: 9BER07-1 or 9BER 06-1 (If Applicable) Federal and State Rules and Regulations, especially those that pertain to HUD s 24 CFR 570, 2005 CDBG DRI/CDBG Supplemental DRI programs and housing rehabilitation loan/grant program. Requirements for verification of income (to include assets), allowances, and expenses using the HUD verification guidebook. Earned income disallowance (EID) using 24 CFR, NMA s EID worksheet Types of income that must be included in or excluded from annual income using 24 CFR 5.609, Section 7 of the Must have knowledge of Davis-Bacon. (If Applicable) Department of Community Affairs (DCA) Supplemental conditions. Arithmetic skills (add, subtract, multiply, divide decimals or fractions and calculate percentages. Techniques and methods of housing inspection to locate health and safety concerns. Section 8 Housing standards (HQS) Housing Quality Standard. Prepare or interpret/read rehabilitation plans, specification and cost estimates. Lead Based Paint regulations and requirements, as amends 7

8 Ability to: Interpret, explain and apply Federal, State, and local building codes, ordinances and administration orders applicable to building and construction trades. Uniform housing code, building codes and/or ordinances. Review and interpret bid proposals. Deal tactfully and effectively with homeowners, contractors, staff and other contacted in the course of work. Prepare and process rehabilitation loan applications. Communicate effectively, both oral and in writing. The selected vendor should outline its proposal in such a way that the evaluation staff can clearly discern that the vendor understands the programmatic requirement and offers a plan for delivery of performance that is advantageous to the County and minimizes risk through overall quality and superior management. 4. Terms of Agreement The term of the agreement will be 1 year. 5. Who May Apply Governmental entities, for profit organizations incorporated in the State of Florida, and nonprofit organizations incorporated in the State of Florida with a 501(c)(3) status. 6. Contact Person Yvette Lopez, Housing Program Manager 110 N.E. 3 rd Street Fort Lauderdale, Florida Phone: (954) address: ylopez@broward.org 7. Selection Criteria All Proposals received by the due date and time will be rated and scored according to an evaluation matrix. Proposals will be rated primarily in two parts consisting of a financial review and a technical project review. Review staff will rate each Proposal and may choose to interview proposers. The highest ranking numerical score does not automatically guarantee a funding recommendation. Other factors which may be considered during discussion include, but are not 8

9 limited to: past performance of individual agencies, cost and relevant experience and qualifications of agency and staff. Staff from Broward County will make a funding recommendation to the Broward County Board of County Commissioners. Broward County reserves the right to make multiple awards if deemed to be in the best interest of the County. An eligible agency may be selected through the competitive bid process as specified in the Florida Statutes Chapter 287 and consistent with Chapter and Florida Administrative Code Chapter CDBG DRI and CDBG Supplemental DRI GENERAL PROGRAM REQUIREMENTS Contractual Compliance with Program Requirements: As a condition of receipt of an award, the eligible sponsor or eligible person must contractually commit to comply with the affordable housing criterion established under the 2005 CDBG DRI and CDBG Supplemental DRI program. Maximum Per Unit Awards: $40,000 per housing unit. Eligible Housing Types: Eligible housing is any real and personal property, excluding mobile homes, located within Broward County, which is designated and intended for the primary purpose of providing decent, safe, and sanitary residential units which are designed to meet Chapter 553, F.S. including: a). b). c). d). e). f). Detached single-family housing Condominium unit Townhouse Villa Multi-Family Manufactured building bearing an approved device or seal issued by the State of Florida, Department of Community Affairs. Income Limits, Rent Limits and Affordability: The Income and Rent Limits used in the Program are updated annually from the Department of Housing and Urban Development and distributed by Florida Housing Finance Corporation. Please visit for the most recent income limit chart. 9

10 9. Liability Insurance Requirements The insurance requirements contained in this Proposal/Application represent the minimal protection necessary for Broward County as determined by the Risk Management Division. Further modification of the requirements may be made at the sole discretion of the Risk Management Division if circumstances change or adequate protection of Broward County is presented. No award will be recommended until a written determination is made by Risk Management Division that Broward County is adequately protected. The Agreement includes that Applicant Agency shall maintain in force for the term of the Agreement, comprehensive general liability in the minimum amount of One million dollars ($1,000,000) per occurrence for bodily injury and property damage combined single limit or limit as required by Broward County Risk Management Division. Such policy will be evidenced by a Certificate of Insurance which reflects the Broward County Board of County Commissioners as additional insured and provides thirty (30) days prior written notice of cancellation and/or non-renewal. The Certificate of Insurance shall also be in compliance with Florida Statute 440 (Worker's Compensation Law) and the APPLICANT AGENCY shall provide the County with certification and proof of such compliance. The Applicant Agency who is awarded an Agreement shall be required to provide proper insurance certificate to, or to have a current certificate on file with, Broward County prior to any award recommendation to the Broward County Board of County Commissioners. Without limiting any of the other obligations and liabilities of the Applicant Agency, the Applicant Agency under the Agreement shall provide, pay for and maintain in force until all of its work to be performed has been completed and accepted by Broward County (or for such duration as is otherwise specified hereinafter), the insurance coverage set forth in this Section. 9.1 Insurance of Subcontractor The Applicant Agency shall require subcontractors to provide and maintain the appropriate insurance commensurate with the project scope of work requirements as set forth in the agreement. The Applicant Agency shall maintain a copy of all subcontractors proof of required insurance and shall make copies available to the contract administrator upon request. 10

11 10. Liquidated Damages The Housing Finance and Community Development Division reserves the right to negotiate, and implement liquidated damages applicable to this agreement. The terms and conditions of liquidated damages shall be negotiated prior to agreement execution. 11. COUNTY BUSINESS ENTERPRISE ( CBE ). Broward County is unable to establish County Business Enterprise (CBE) goals for these projects due to a prohibition against geographical preference in bidding, as outlined in FEMA grant regulations. The County s CBE program limits participation to firms located in Broward County, which is considered a geographical preference. There are no Federal or State percentage-based business participation goals required for this solicitation. However, in accordance with FEMA grant regulations, per Title 44 CFR 13.36(e), Contracting with small and minority firms, women s business enterprise and labor surplus area firms, the selected agency will perform the following affirmative steps to ensure that small and minority firms, women s business enterprises and labor surplus area firms are used whenever possible: (1) Selected agency shall take all necessary affirmative steps to assure that minority firms, women s business enterprises, and labor surplus area firms are used when possible. (2) Affirmative steps shall include: (i) Placing qualified small and minority businesses and women s business enterprises on solicitation list; (ii) Assuring that small and minority businesses, and women s business enterprises are solicited whenever they are potential sources; (iii) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women s business enterprises; (iv) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women s business enterprises; (v) Using the services and assistance of the Small Business Administration, and the Minority Business Development Agency of the Department of Commerce; and (vi) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (i) through (v) above. 11

12 File Review and Approval / Housing Rehabilitation Client Intake Technical Proposal Format 1. Organizational Capacity Maximum Points: 15 Provide a brief narrative that demonstrates your Agency s organizational capacity to successfully complete the project. Identify and describe staff position(s) and their line responsibilities. Where applicable integrate/align CDBG DRI/CDBG Supplemental DRI program deliverables with staff responsibilities. 2. Performance Delivery Plan Maximum Points: 15 Provide a brief narrative that describes your Performance Delivery Plan. Offerors should describe, integrate and align CDBG DRI/CDBG Supplemental DRI deliverables with their performance plan so it presents a cogent and clear structural flow that links inputs with program outcomes. 3. Financial Capacity Maximum Points: 10 Provide a brief narrative of your Financial Capacity. Narrative should include information that allows the evaluation team to calculate acid test ratio and working capital ratio. 4. Federal and State Experience Maximum Points: 15 CDBG/Federal grants and CDBG/DRI grants experience with three year financial experience on Federal or State housing grants. 5. Income Certification Experience Maximum Points: 15 Provide a brief narrative of your Income Certification Experience. Narrative should provide examples of your ability to calculate income, assets, and rental property income verification. 6. Construction Experience Maximum Points: 15 12

13 Provide a brief narrative of your construction experience. Narrative should demonstrate your knowledge and understanding of the construction process as it relates to single-family development/rehabilitation. 7. Past Experience Maximum Points: 10 Provide a brief narrative with verifiable evidence of at least three (3) to six (6 ) similar projects, inclusive of references. Project should be comparable in scope and complexity demonstrated with evidence of satisfactory performance. If an Applicant Agency has limited history then submittal of Key personnel Resume shall be required detailing requisite experience and level of participating in the project. COMPLETED AGREEMENTS Agreement Type Reference Contact Location Project Type No. Of Units Year Completed 8. Price Maximum Points: 5 Provide your best offer for the proposed work. Price should include service delivery fees and all cost associated with performing the work identified in RFP. The remainder of this page is left blank intentionally 13

14 Appendix A 12. CDBG DRI and CDBG Supplemental DRI THREE YEAR FINANCIAL HISTORY FORM Agency Name: Measure Year 1 (2008) Year 2 (2009) Year 3 (2010) Total Current Assets Total Current Liabilities Receivables Net Income Annual Interest Expenses Earnings Before Interest & Taxes Net Fixed Assets Tangible Net Worth Profit Before Taxes Total Assets Signature of Authorized Representative: Title of Authorized Representative: Agencies should assume that all numbers represented will be subjected to verification. 14

15 Appendix B Agency Certification: I CERTIFY that if my application is approved for funding, the organization agrees to comply with all the required federal, state, local laws and regulations. The organization confirms that it is fully capable of fulfilling the obligations as stated in this proposal and in any attachments or documents included with this application. As a duly authorized representative of the organization, I submit this application and verify that the information included herein is true, accurate, and complete. PENALTY FOR FALSE OR FRAUDULENT STATEMENT: U.S. Code Title 18, Section 1001, provides that a fine of up to $10,000 or imprisonment for a period not to exceed 5 years, or both shall be a penalty for willful misrepresentation and the making of false fictitious statements, knowing the same to be false. APPLICANT : Signature : Typed Name : Title : Organization : Phone Number : Signature : Typed Name : Title : 15

16 Broward County Environmental Protection and Growth Management Department Housing Finance and Community Development Division FY 2010/2011 CDBG DRI and CDBG Supplemental DRI Programs 13. Rating Tool Client Intake Rating Categories Points 1. Organizational Capacity Performance Delivery Plan Financial Capacity Federal and State Experience Income Certification Experience Construction Experience Past Experience Price 5 TOTAL 100 Points The remainder of this page is left blank intentionally 16

17 14. Proposal Checklist and Attachments Required Forms File Review and Intake Appendix A Appendix C Financial History Form Agency Certification REQUIRED ATTACHMENTS AND DOCUMENTS FOR 2005 CDBG DRI AND CDBG SUPPLIMENTAL DRI APPLICATION: Attachment A. Attachment B. Attachment C. Attachment D. Attachment E. Attachment F. Attachment G. Attachment H. Attachment I. Financial Statements Certificate of Corporation IRS Form 501 (c)(3) Public Entities Crime Affidavit Drug Free Workplace Certification Client Non-Discrimination Policy County Business Enterprise Program Americans With Disabilities Policy Equal Employment Opportunity Policy The remainder of this page is left blank intentionally 17

18 Housing Finance & Community Development Division Application Attachment A FINANCIAL STATEMENTS 18

19 Housing Finance & Community Development Division Application Attachment B CERTIFICATE OF CORPORATION 19

20 Housing Finance & Community Development Division Application Attachment C IRS Form 501(c)(3) 20

21 Housing Finance & Community Development Division Application Attachment D Public Entities Crimes Affidavit SWORN STATEMENT UNDER SECTION (3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted with a proposal to the Environmental Protection and Growth Management Department. 2. This sworn statement submitted by. (Name of entity submitting sworn statement) whose business address is and (if applicable) its Federal Employer Identification Number is. 3. My name is and my relationship to the entity named (Print name of individual signing) above is. 4. I understand that a public entity crime as defined in paragraph (1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. I understand that convicted or conviction as defined in paragraph (1)(b), Florida Statutes means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. 6. I understand that an affiliate as defined in paragraph (1)(a), Florida Statutes means: a. A predecessor or successor of a person convicted of a public entity crime; or b. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of public entity crime. The term affiliate includes those officers, directors, executives, partners, shareholders, employees, members and agents who are active in the management of the affiliate. The ownership by one person of shares constituting a controlling interest in another person, or pooling of equipment of income among persons when not for fair market value under an arm s length agreement, shall be prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7. I understand that a person as defined in paragraph (1)(e), Florida Statutes means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bids on contracts 21

22 for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term person includes those officers, directors, executives, partners, shareholders, employees, members and agents who are active in the management of an entity. Attachment D Public Entities Crimes Affidavit 8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies). G G G G G Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members and agents who are active in the management of the entity, or an affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members and agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND (Please indicate which additional statement applies). There has been proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order). The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order). The person or affiliate has not been placed on the convicted vendor list. (Please describe an action taken by or pending with the Department of General Services). (Signature) (Date) STATE OF COUNTY OF PERSONALLY APPEARED BEFORE ME, the undersigned authority, (Name of individual signing) who, after first being sworn by me, affixed his/her signature in the space provided above on the day of, 20. NOTARY PUBLIC, State of Florida My commission expires. 22

23 Housing Finance & Community Development Division Application Attachment E DRUG FREE WORKPLACE CERTIFICATION The undersigned Applicant Agency hereby certifies that it will provide a drug-free workplace program by: (1) Publishing a statement notifying its employees that unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the offeror s workplace, and specifying the actions that will be taken against employees for violations of such prohibition; (2) Establish a continuing drug-free awareness program to inform its employees about: (I) (ii) (iii) (iv) The danger of drug abuse in the workplace; The offeror s policy of maintaining a drug-free workplace; Any available drug counseling, rehabilitation, and employee assistance programs; and The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (3) Giving all employees engaged in performance of a contract a copy of a statement required by subparagraph (1); (4) Notifying all employees, in writing, of the statement required by subparagraph (1), that as a condition of employment on a covered contract, the employee shall; (I) (ii) Abide by the terms of the statement; and Notify the employer in writing of the employee s conviction under criminal drug statute for a violation occurring in the workplace no later than 5 calendar days after such conviction; (5) Notifying Broward County government in writing within 10 calendar days after receiving under subdivision (4) (ii) above, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee; (6) Within 30 calendar days after receiving notice under subparagraph (4) of a conviction, taking one of the following actions with respect to an employee who is convicted of a drug abuse violation occurring in the workplace: (I) (ii) Taking appropriate personnel action against such employee, up to and including termination; Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purpose by federal, state, or local health, law enforcement, or other appropriate agency; and 23

24 Attachment E, Drug Free Workplace Certification, page 2 (7) Making a good faith effort to maintain a drug-free workplace program through implementation of subparagraphs(1) through (6). STATE OF COUNTY OF (Applicant Agency Signature) (Print Applicant Agency Name) The foregoing instrument was acknowledged before me this day of, 20, by (Name of individual signing) As (Title) of (Name of Applicant Agency/entity) Known to me to be the person described herein, or who produced as identification, and who did/did not take an oath. NOTARY PUBLIC My commission expires: 24

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