2014-01 FDOT Traffic Signal Mantenance Agmt #ARH30RESOLUTION NO. 2014 -01
A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA
AUTHORIZING THE EXECUTION AND ACCEPTANCE OF A TRAFFIC
SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT WITH THE
FLORIDA DEPARTMENT OF TRANSPORTATION; PROVIDING FOR
CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the State of Florida Department of Transportation (FDOT) has requested that
the City of Okeechobee, Florida, consider an agreement with the FDOT to transfer
the responsibility of maintenance of traffic signal devices within the City of
Okeechobee, from FDOT to the City of Okeechobee; and
WHEREAS, in return for such responsibility FDOT has agreed to pay compensation to the
City of Okeechobee for such maintenance; and
WHEREAS, the City of Okeechobee finds that the compensation for maintenance in
relation to the responsibility is reasonable and within the capabilities of existing City
Public Works Department; and
WHEREAS, the City Council of the City of Okeechobee, Florida, believes such an
agreement to be in the best interest of the citizens of the City of Okeechobee.
NOW, THEREFORE, be it resolved before the City Council for the City of Okeechobee,
Florida; presented at a duly advertised public meeting; and passed by majority vote
of the City Council; and properly executed by the Mayor or designee, as Chief
Presiding Officer for the City:
1. The Mayor is authorized to execute an agreement entitled "Traffic Signal
Maintenance and Compensation Agreement" between the City of
Okeechobee, Florida, and the FDOT upon terms and conditions set out in
said agreement, attached herewith as Attachment No. 1.
2. That, upon acceptance by FDOT, the City of Okeechobee Public Works
Department, shall thereafter, maintain the traffic signal devices in the City of
Okeechobee at the locations set out in the agreement, Exhibit A; and upon
the terms and compensation set forth in the agreement, Exhibit B, submitted
by FDOT, effective July 1, 2014 to June 30, 2015; and thereafter, as
approved and executed by the City of Okeechobee Public Works Director,
David Allen.
3. That as the agreement is contingent upon annual funding to the Department
by the legislature, the authorization by this resolution for entry into this
agreement and continued maintenance shall terminate upon notice from the
Department that funding is not available for maintenance during any calendar
year without further action by the City Council.
Conflict. All Resolution or parts of Resolutions in conflict herewith are hereby repealed.
Severability. If any section, subsection, sentence, clause, phrase or portion of this
Resolution, or application thereof shall for any reason be held invalid or unconstitutional by
any court of competent jurisdiction, such portion or provision and such holding shall not
affect the validity of the remaining portions or applications here.
Effective Date. This resolution shall become effective immediately upon its adoption.
Resolution No. 2014 -01 Page 1 of 8
INTRODUCED AND ADOPTED in regular session this 6th day of May, 2014.
yp�
Jas E. Kirk, Maya,
Dowling R. Watford Jr., Mayor Pro -_ cry
REVIEWED FOR LEGA SUFFICIENCY:
John R. Cook, City Attorney
Resolution No. 2014 -01 Page 2 of 8
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT
750 - 010 -22
TRAFFIC OPERATIONS
4/14
Page 1 of 6
CONTRACT NO. /9R//30
FINANCIAL PROJECT NO. L/ /364/3 /F -Fro/
F.E.I.D. NO. FS -96000 3 9300/
THIS AGREEMENT, made and entered into this 26 day of� ��y' by and between the Florida
Department of Transportation, an agency of the State of Florida, h ein called the "Department ", and C77- of f' eerfebee
Nilo' Florida, herein called the "Maintaining Agency ".
WITNESSED:
WHEREAS, the Maintaining Agency has the authority to enter into this Agreement and to undertake the maintenance and
operation of traffic signals or signal systems on the State Highway System, and the Department is authorized under Sections 334.044
and 335.055, Florida Statutes, to enter into this Agreement, and;
WHEREAS, the Maintaining Agency has authorized its undersigned representative to enter into and execute this Agreement;
NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein to be undertaken by the
respective parties hereto, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties
mutually agree and covenant as follows:
1. The Maintaining Agency shall be responsibie for the maintenance and continuous operation of the traffic signals, traffic signal
structures (including signal mast arm structure or strain pole), traffic signal systems (central computer, cameras, message signs,
communications devices, interconnect / network, vehicle, bicycle & pedestrian detection devices, traffic signal hardware and software),
and control devices (intersection control beacons, traffic warning beacons, illuminated street name signs, pedestrian flashing beacons
(school zone flashing beacons, pedestrian crossing beacons, Rectangular Rapid Flashing Beacons), emergency /fire department
signals and speed activated warning displays). The Maintaining Agency shall be responsible for the payment of electricity and electrical
charges incurred in connection with operation of such traffic signals and signal systems and devices upon completion of their
installation. All traffic signals and control devices mentioned in this paragraph shall hereafter be referred to Traffic Signals and
Devices'.
2. The Department agrees to pay to the Maintaining Agency, an annual compensation based on Department's fiscal year for the
cost of the maintenance and continuous operation of the Traffic Signals and Devices as identified in Exhibit A. Payments will be made
in accordance with Exhibit B. Should the Maintaining Agency withdraw from the compensation portion of this Agreement, the
Maintaining Agency will still be responsible for the maintenance and continuous operation of the above items. In the case of
construction contracts, the Maintaining Agency shall be responsible for the payment of electricity and electrical charges incurred in
connection with the operation of the Traffic Signals and Devices, and shall undertake the maintenance and continuous operation of said
Traffic Signals and Devices upon final acceptance of the installation by the Department. Prior to any acceptance by the Department,
the Maintaining Agency shall have the opportunity to inspect and request modifications /corrections to the installation(s) and Department
agrees to undertake those prior to acceptance so long as the modifications /corrections comply with the contract and specifications
previously approved by both the Department and Maintaining Agency. Repair or replacement and other responsibilities of the
installation contractor and the Department, during construction, are contained in the Department's Standard Specifications for Road and
Bridge Construction.
3. The Maintaining Agency shall maintain and operate the Traffic Signals and Devices in a manner that will ensure safe and
efficient movement of highway traffic and that is consistent with maintenance practices prescribed by the International Municipal Signal
Association (IMSA) and operational requirements of the Manual on Uniform Traffic Control Devices (MUTCD), as amended.
4. The Maintaining Agency's maintenance responsibilities shall include, but not be limited to, preventive maintenance (periodic
inspection, service and routine repairs) and emergency maintenance (trouble shooting in the event of equipment malfunction, failure, or
damage). Restoration of services may include temporary poles, stop signs or other methods to maintain traffic. The Maintaining Agency
shall record its maintenance activities in a traffic signal maintenance log.
5. The Department intends to conduct an inspection of the mast arm structures and strain poles every 60 months. The inspection
report will document deficiencies that necessitate preventative maintenance and periodic maintenance. Preventative maintenance
includes but is not limited to: spot painting or repainting; tightening of nuts and replacing missing or deficient bolts (not including anchor
bolts); replacing missing cap covers or equivalent; cleaning; replacement of missing or deficient access hole cover plates; all wiring
issues, including improper grounding; graffiti removal; all signal related issues (lighting, signs and connections); and response to traffic
impact including repair and replacement of all components damaged by the traffic impact. Damaged mast arm replacement shall be
repaired or replaced by the Maintaining Agency and the Maintaining Agency is authorized to seek reimbursement from the responsible
3 party. If the Maintaining Agency is unable to recover the costs from a 3 party, then the Department intends to reimburse the
Maintaining Agency for repair or replacement of the mast arm. The Maintaining Agency shall be responsible for preventative
maintenance of the mast arm structures. Failure to perform preventative maintenance after notification of inspection deficiency may
result in the Maintaining Agency being responsible for the corrective actions.
6. Periodic maintenance includes but is not limited to: repair of cracks in the mast arm structure; removal and /or repair of grout
pads; resetting of anchor bolts; repair or replacement of deteriorated anchor bolts and nuts; and replacement of the mast arm when it is
determined through the inspection process that the mast arm has reached the end of its service life unless this is due to lack of
Resolution No. 2014 -01 Page 3 of 8
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT
750- 010 -22
TRAFFIC OPERATIONS
4/14
Page 2 of 6
preventative maintenance by the Maintaining Agency. For any new mast arm installations after the date of this Agreement, if a
Maintaining Agency requests a painted mast arm, the Maintaining Agency agrees to perform all required periodic and preventative
maintenance. Any periodic maintenance performed on the mast arm structure by the Maintaining Agency needs Department approval
prior to commencement of work unless under an emergency situation. Any and all work performed by the Maintaining Agency shall
conform to the current Department Standard Specifications for Road and Bridge Construction.
The Table below summarizes the roles of the Maintaining Agency and the Department with regard to preventative and periodic
maintenance:
Maintaining Agency
Florida DOT
Preventative maintenance of all mast arm structures
Periodic maintenance of all mast arm structures (except for any
new painted and existing painted structures with signed separate
Agreement)
Periodic maintenance of structures (for any new painted and
existing painted structures with signed separate Agreement)
Damage repair or replacement of structures with recoverable
costs
May compensate Maintaining Agency for damage repair or
replacement of structures when costs are non - recoverable
Replacement at end of life cycle of the structure
7. The Maintaining Agency may remove any component of the installed equipment for repair; however, it shall not make any
permanent modifications and /or equipment replacements unless the equipment provided is capable of performing at minimum the same
functions. The Department shall not make any modifications and /or equipment replacements without prior written notice to and
consultation with the Maintaining Agency.
8. The Maintaining Agency shall implement and maintain the timing and phasing of the traffic signals in accordance with the
Department's timing and phasing plans, specifications, special provisions, and the Department's Traffic Engineering Manual. The
Maintaining Agency shall obtain prior written approval from the Department for any modification in phasing of signals and flash times
(where applicable). Signal Systems timings (cycle length, split, offsets, sequence) are considered operational changes and may be
changed by the Maintaining Agency to accommodate changing needs of traffic. The Maintaining Agency may make changes in the
signal timing provided these changes are made under the direction of a qualified Professional Engineer registered in the State of
Florida. The Maintaining Agency shall make available a copy of the timings to the Department upon request. The Department reserves
the right to examine equipment, timing and phasing at any time and, after consultation with the Maintaining Agency, may specify
modifications. If the Department specifies modification in timing and /or phasing, implementation of such modifications shall be
coordinated with, or made by, the Maintaining Agency.
9. The Maintaining Agency shall note in the maintenance log any time /phasing changes and keep a copy of the timings and any
approval documentation in a file. A copy of the log shall be provided to the Department upon request. Maintaining Agencies may
provide this information electronically.
10. The Maintaining Agency and the Department will develop annually the Exhibit A which by this reference is made a part of this
Agreement as though fully set forth herein. Exhibit A shall contain all Traffic Signals and Devices on the State Highway System,
applicable to the jurisdiction of the Maintaining Entity, those that are maintained by the Maintaining Agency and those that are
maintained but not included for compensation. No changes or modifications will be made to Exhibit A during the year for compensation.
New Traffic Signals and Devices added by the Department during the fiscal year shall be maintained and operated by the Maintaining
Agency upon Department final acceptance as stated in paragraph 1. The Maintaining Agency and the Department, preceding each
fiscal year, shall develop and execute a new Exhibit A, which shall include all new Department Traffic Signals and Devices added
during the previous fiscal year and delete those removed. The Maintaining Agency shall begin receiving compensation for new
Department's Traffic Signals and Devices in the next fiscal year. In the event that no change has been made to the previous year's
Exhibit A, a statement to this effect should be included. The annual compensation will be a lump sum payment detailed in Exhibit B.
Future payments will be based on the information provided in Exhibit A, in accordance with the provisions as detailed in Exhibit B,
attached and made a part hereof.
a) Payment shall be made only after receipt and approval of service.
b) Payment shall be made in accordance with Section 215.422, Florida Statutes.
c) Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre -audit
and post -audit thereof.
d) Record of costs incurred under terms of this Agreement shall be maintained and made available upon request to the
Department at all times during the period of this Agreement and for three (3) years after final payment for the work
pursuant to this Agreement is made. Copies of these documents and records shall be furnished to the Department upon
request. Record of costs incurred include the Maintaining Agency's general accounting records, together with supporting
documents and records of the Maintaining Agency and all subcontractors performing work, and all other records of the
Maintaining Agency and subcontractors considered necessary by the Department for proper audit of costs.
11. Maintaining Agency providing goods and services to the Department should be aware of the following time frames. Upon
receipt, the Department has five (5) working days to inspect and approve the goods and services, unless the Agreement specifies
otherwise. The Department has twenty (20) days to deliver a request for payment (voucher) to the Department of Financial Services.
Resolution No. 2014 -01 Page 4 of 8
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT
750- 010 -22
TRAFFIC OPERATIONS
4/14
Page 3 of 6
The twenty (20) days are measured from the latter of the date the invoice is received or the goods or services are received, inspected
and approved.
12. If a payment is not available within forty (40) days, a separate interest penalty at a rate as established pursuant to Section
215.422, Florida Statutes, shall be due and payable, in additional to the invoice amount, to the Maintaining Agency. Interest penalties of
less than one (1) dollar shall not be enforced unless the Maintaining Agency requests payment. Invoices returned to a Maintaining
Agency because of Maintaining Agency preparation errors shall result in a delay in the payment. The invoice payment requirements do
not start until a properly completed invoice is provided to the Department.
13. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include
acting as an advocate for contractors /vendors who may be experiencing problems in obtaining timely payment(s) from a state agency.
The Vendor Ombudsman may be contacted at (850) 413 -5516.
14. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public
building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a
contractor, supplier, contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact
business with any public entity.
15. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not
submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for
the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not
be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not
transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for
CATEGORY TWO for a period of thirty -six (36) months from the date of being placed on the convicted vendor list.
16. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the
Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral
cancellation of this Agreement.
17. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by
the Legislature. In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions
of Section 339.135(6)(a), Florida Statutes, are hereby incorporated:
(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its
terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such
fiscal year. Any contract, verbal or written, made in violation of this subsection shall be null and void, and no money may
be paid on such contract. The Department shall require a statement from the Comptroller of the Department that funds
are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained
shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only
for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall
be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have
a term for a period of more than one year.
18. The Maintaining Agency may be subject to inspections of Traffic Signals and Devices by the Department. Such findings will
be shared with the Maintaining Agency and shall be the basis of all decisions regarding payment reduction, reworking, Agreement
termination, or renewal. If at any time the Maintaining Agency has not performed the maintenance responsibility on the locations
specified in the Exhibit A, the Department shall have the option of (a) notifying the Maintaining Agency of the deficiency with a
requirement that it be corrected within a specified time, otherwise the Department shall deduct payment for any deficient Traffic
Signal(s) and Device(s) maintenance not corrected at the end of such time, or (b) take whatever action is deemed appropriate by the
Department. Any suspension or termination of funds does not relieve any obligation of the Maintaining Agency under the terms and
conditions of this Agreement.
19. The Department intends to monitor the performance of the Maintaining Agency in the fulfillment of the agreement. The
Maintaining Agency is required to submit an annual Report on April 1 of each year detailing the following:
a. Detection device malfunctions shall be repaired or restored within sixty (60) days of discovery and such events shall be
logged into the annual report. If repairs cannot be performed within 60 days, the agency shall document the reasons why.
Discovery of such events shall be logged into the annual report.
b. All traffic signals shall receive at least one (1) minor preventative maintenance inspection, preferably two inspections, within
a twelve (12) month period. At a minimum, minor preventative maintenance inspection includes verification that all detection is
working, the signal is cycling properly, the ventilation system is functioning and filters are clean. The inspection report should
note the location, date of inspection and any items noted.
20. The Maintaining Agency may enter into agreements with other parties pertaining to Traffic Signals and Devices including, but
not limited to, agreements relating to costs and expenses incurred in connection with the operation of traffic signals and signal systems
Resolution No. 2014 -01 Page 5 of 8
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT
750 - 010 -22
TRAFFIC OPERATIONS
4/14
Page 4 of 6
on the State Highway System, provided that such Agreements are consistent with the mutual covenants contained in this Agreement.
The Maintaining Agency shall furnish a copy of such agreements to the Department.
21. This Agreement may not be assigned or transferred by the Maintaining Agency in whole or in part without consent of the
Department.
22. The Maintaining Agency shall allow public access to all documents, papers, letters, or other material subject to provisions of
Chapter 119, Florida Statutes, and made or received by the Maintaining Agency in conjunction with this Agreement. Failure by the
Maintaining Agency to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the
Department.
23. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The invalidity or
unenforceability of any portion of this Agreement shall not affect the remaining provisions and portions hereof. Any failure to enforce or
election on the part of the Department to not enforce any provision of this Agreement shall not constitute a waiver of any rights of the
Department to enforce its remedies hereunder or at law or in equity.
24. This Agreement shall remain in force during the life of the original installed equipment and /or the life of any replacement
equipment installed with the mutual consent of the parties hereto.
25. Upon execution, this Agreement cancels and supersedes any and all prior Traffic Signal Maintenance Agreement(s) between
the parties, except specific separate Agreements covering painted mast arm maintenance.
26. This Agreement contains all the terms and conditions agreed upon by the parties.
IN WITNESS WHEREOF, the parties have caused these presents to be executed, the day and year first above written.
STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION
City of Okeechobee
(Maintaining Agency)
By
, Florida
( uthorized Signature)"
Print/Type Name: Dowling R. Watford
Title: Mayor Pro- Tempore
Attest:
Lane Gamiote , City Cler(1$eal if Applicable)
Reviewed:
Attorney John R. Cook
Date
By:
Print/Type Name:
Title:
Attest:
thorized Signature)
rl isitrce* ITa:R=ic O exa* 6nS
�X1t�1 tle2X
OLUY-QA
Legal Review:
Resolution No. 2014 -01 Page 6 of 8
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Resolution No. 2014 -01 Page 7 of 8
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EXHIBIT B
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT
TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT
750 - 010 -22
TRAFFIC OPERATIONS
4/14
Page 6 of 6
1.0 PURPOSE
This exhibit defines the method and limits of compensation to be made to the Maintaining Agency for the services
described in this Agreement and in Exhibit A and Method by which payments will be made.
2.0 COMPENSATION
For the satisfactory completion of all services detailed in this Agreement and Exhibit A of this Agreement, the
Department will pay the Maintaining Agency the Total Lump Sum in Exhibit A. The Maintaining Agency will
receive one lump sum payment at the end of each fiscal year for satisfactory completion of service.
Total Lump Sum Amount for each fiscal year is calculated by adding all of the individual intersection amounts. The
individual intersection amounts are calculated by taking the FY Unit Rate times the percent of State Road Approaches to
Total Approaches. Intersection Control Beacons are paid at 25% of the Unit Rate for full traffic signal.
Pedestrian Flashing Beacon: includes school zone beacons, pedestrian crossing beacons and rectangular rapid flashing
beacons (RRFB). School zones, crosswalks and warning sign locations shall be paid at a unit rate regardless of the
number of individual beacons.
Example 1: For a traffic signal intersection with 4 approaches with 2 approaches (50 %) being state
roads, the intersection amount for FY 10 -11 will be: $2,622 x (2/4) = $1,311
Example 2: For an intersection control beacon with 3 approaches, with 2 approaches being state roads,
the intersection amount for FY 11 -12 will be $675 x (2/3) = $450
Example 3: For a location with a school zone flashing beacon and two speed activated warning displays, the
intersection amount for FY 14 -15 will be {($295'1) + ($148 "2)} = $591
Unit Rates per 100% State Intersections
FY
Intersection
Traffic Control
Signals Beacon
(TS) (ICB)
(0.25 "TS)
11 -12 $2,701 $675
12 -13 $2,782 $696
13 -14 $2,866 $716
14 -15 $2,951 $738
15 -16 $3,040 $760
16 -17 $3,131 $783
Pedestrian
Flashing
Beacon
(PFB)
(0.10"TS)
$295
$304
$313
Speed
Emergency Activated
Fire /Dept. Warning
Signal Displays
(FDS) (SAWD)
(0.25*TS) (0.05 "TS)
$738
$760
$783
Traffic
Warning
Beacon
(TWB)
(0.05 "TS)
$148 $148
$152 $152
$157 $157
The Unit Rate for each fiscal year is 3% more than the Unit Rate for the previous fiscal year,
unless otherwise specified in an amendment to this Agreement.
3.0 PAYMENT PROCESSING
The Maintaining Agency shall invoice the Department yearly in a format acceptable to the Department.
Resolution No. 2014 -01 Page 8 of 8
Florida Department of Transportation
RICK SCOTT
GOVERNOR
The Honorable James E. Kirk
Mayor
City of Okeechobee
55 Southeast Third Avenue
Okeechobee, FL 34974
801 North Broadway Avenue
Bartow, FL 33830
July 3, 2014
ANANTH PRASAD, P.E.
SECRETARY
RE: Traffic Signal Maintenance and Compensation Agreement
Dear Mayor Kirk:
I have enclosed a copy of the executed Exhibit A for Fiscal Year 2014/2015 for your files. This
will provide for signal maintenance reimbursement as stipulated in the Traffic Signal
Maintenance and Compensation Agreement.
If you have any questions regarding this matter please contact Steve Miller, Traffic Operations
Specialist, or me at (863) 519 -2490.
Sincerely,
Donald Cashdollhr , ' .E.
Assistant District Traffic Operations Engin;,-r
DC:SM:mlc
Enclosure
cc: Brian Whitehall, City Administrator, City of Okeechobee
SharePoint \TrafficOps\Admin \Typing Files\Drafts\ExecutedExhibitAFY 14 -15. doc
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