HomeMy WebLinkAbout04/16/2025 Agreement GVS COURTq°
o: A Kevin Madok, CPA
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�o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida
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DATE: April 30, 2025
TO: Cary Vick, Director
Project Management
Breanne Erickson, Contract/Budget Administrator
Project Management
FROM: Liz Yongue, Deputy Clerk
SUBJECT: April 16, 2025 BOCC Meeting
The following items have been executed and added to the record:
C9 Agreement with Erika Heffernan in the amount of$3,235.00 for public art for the
Supervisor of Elections - Key West Office Project recommended by the Art in Public Places
(AIPP) Selection Committee and the Florida Keys Council of the Arts (FKCA).
C10 Agreement with Jeffrey Cardenas in the amount of$1,250.00 for public art for the
Supervisor of Elections - Key West Office Project recommended by the Art in Public Places
(AIPP) Selection Committee and the Florida Keys Council of the Arts (FKCA).
C11 Agreement with Fran Decker in the amount of$2,200.00 for public art for the
Supervisor of Elections - Key West Office Project recommended by the Art in Public Places
(AIPP) Selection Committee and the Florida Keys Council of the Arts (FKCA).
Should you have any questions please feel free to contact me at(305) 292-3550.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
Monroe County Art in Public Places Award Agreement
Supervisor of Elections Office
This AGREEMENT dated the 161h day of April,.2025, is entered into by and between the
BOARD OF COUNTY COMMISSIONERS FOR MONROE COUNTY, hereinafter"County" or
"BOCC", whose address is 1100 Simonton Street, Key West, Florida 33040, and Fran Decker,
hereinafter "Artist" or "Contractor", whose address is 600 Elizabeth Street; Key West, Florida
33040.
WHEREAS, the Monroe County BOCC recognizes the extent of cultural resources
available in the county for development, promotion, and enjoyment of the arts. It is the intent of
the BOCC to enrich culturally and benefit the citizens of this county through the establishment of
Art in Public Places; and
WHEREAS,the Art in Public Places Ordinance No. 022-2001 (AIPP Ordinance), codified
at Monroe County Code §2-233, authorizes the allocation of one percent (1%) of the County's
construction costs for new construction exceeding $500,000.00 and renovations exceeding
$100,000.00 to be set aside in a fund and used for acquisition, commission, installation, and
maintenance of works of art to be used in,upon, or around the new or renovated County buildings;
and
WHEREAS, the AIPP Ordinance established an Arts in Public Places Committee (AIPP)
to review responses to Requests for Proposals for art to be acquired, commissioned, installed, and
maintained in public construction projects and to advise the BOCC regarding the art subject to the
AIPP allocation; and
WHEREAS, the BOCC desires to acquire public artwork to be installed, placed, and/or
located at the Supervisor of Elections — Key West Office Project (Key West, Monroe County,
Florida), to promote understanding and awareness of the visual arts and to enrich the public
environment for residents and visitors; and
WHEREAS, in conformity with the AIPP Ordinance, MCC §2-233, and a Request for
Proposals, the Artist was selected by the AIPP Committee to provide public artwork for this
location; and
WHEREAS, the Artist wishes to create a unique piece(s) of artwork to be installed in a
public space inside the Supervisor of Elections Office in Monroe County, Florida("Project"); and
WHEREAS, the Artist and County wish to undertake the obligations expressed herein.
NOW, THEREFORE, in consideration of the mutual covenants and payments contained
herein,the parties have entered into this Agreement on the terms and conditions as set forth below:
1. AGREEMENT PERIOD: This Agreement shall be effective on the date that this contract
has been approved by the BOCC and is signed by both parties. The term of the Agreement
is for a period of sixty (60) days after issuance of a Notice to Proceed to execute and
complete the work. This Agreement shall remain in effect for the stated period unless one
party gives to the other written notification of termination pursuant to and in compliance
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with Paragraphs 13 and 14 below. All work for which AIPP funds are to be expended must
be completed by the stated termination date.
2. SCOPE OF SERVICES: The Artist shall perform all services, and provide and furnish all
supplies, materials, and equipment as necessary for transportation, creation, and
installation of artwork as follows:
Production of two (2) newly created original 24" x 24" unframed acrylic paintings on
canvas depicting botanical, tropical and/or garden themes. Upon completion of the
paintings and acceptance by the County, the Artist shall provide images of the finished
works with their respective titles to be incorporated into this Agreement by an Amendment
hereto executed by the Artist and the County and designated in the Amendment as Exhibit
D and Exhibit E to this Agreement, respectively.
Services shall be performed in a professional manner and in strict compliance with all terms
and conditions in this Agreement. The Artist shall confer with and coordinate activities
with Elizabeth Young, Executive Director of the Florida Keys Council of the Arts, in order
to ensure that there is as much cooperation and cohesiveness in the incorporation of the art
in or around the building and so that there shall be the least amount of interference between
the Artist and the Supervisor of Elections,Key West Office,personnel or any other County
staff.
3. AMOUNT OF AGREEMENT AND PAYMENT: The County shall pay a total contract
amount not to exceed Two Thousand, Two Hundred ($2,200.00) Dollars, which shall
constitute full and complete compensation for all services performed and materials
furnished by the Artist under this Agreement. The Board of County Commissioners
assumes no liability to fund this agreement for an amount in excess of this award. Monroe
County's performance and obligation to pay under this Agreement is contingent upon an
annual appropriation by the BOCC. Pursuant to Florida's Prompt Payment Act, upon
receipt by County of an Invoice for the production and installation of the completed
artwork and documentation as noted herein to satisfy the Monroe County Office of the
Clerk of Court and Comptroller ((hereinafter referred to as "County Clerk") that the
artwork has been completed, installed and accepted,payment shall be made in the amount
set forth above.
Payment shall be made upon presentation of an original invoice and documentation
necessary to support the completion of the work. The Artist shall submit to the County
invoices with supporting documentation that are acceptable to the County Clerk.
Acceptability to the County Clerk is based on generally accepted accounting principles and
such laws, rules, and regulations as may govern the County Clerk's disbursal of funds.
Any invoices and/or other documentation shall be submitted to the Executive Director,
Florida Keys Council of the Arts, c/o Art in Public Places, at 1100 Simonton Street, Suite
2-263, Key West, FL 33040, or via email to directorLkeys arts.com. The Artist shall also
provide release of liens, if applicable.
Final payment request must be submitted no later than sixty (60) days after the completion
of the project.
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4. TAXES: Should any state or federal sales,use, or excise taxes, or similar charges relating
to the services and materials under this Agreement become due, such taxes shall be paid
by the Artist in a timely fashion.
5. OWNERSHIP and RIGHTS: Upon the installation of the artwork and acceptance by the
County,the County shall own the artwork and title to the artwork shall pass to the County.
This Article 5 and the Artist's signature on this Agreement shall constitute and be construed
as the Artist's express waiver of rights as provided in 17 U.S.C. §106A, et al. ,to the extent
that the artwork may be removed, adjusted, replaced, and/or relocated, as deemed
necessary by the County without obtaining a waiver or permission from the Artist, and that
modification to the artwork resulting from conservation or public presentation involving
lighting and placement is not prohibited modification or considered alteration, distortion,
or mutilation of the artwork. The Artist agrees that the County as owner of the building
and/or property that includes the artwork may, without the consent or permission of the
Artist, make or authorize the making of alterations and/or destruction of such building
and/or property. The Artist agrees that, where the artwork may be created or conceived in
any fashion by more than one author/artist, the Artist's signature and waiver binds the
entire group of authors/artists.
6. MAINTENANCE OF RECORDS: The Artist shall maintain all books, records, and
documents directly pertinent to performance under this Agreement in accordance with
generally accepted accounting principles consistently applied. Records shall be maintained
for a period of seven (7) years from the termination of this Agreement or in accordance
with the State of Florida retention schedules (https:Hdos.fl.gov/library-archives/records-
management/general-records-schedules/), whichever is greater. Each party to this
Agreement or its authorized representatives shall have reasonable and timely access to such
records of each other party to this Agreement for public records purposes during the term
of the Agreement and the applicable retention period following the termination of this
Agreement. For Public Records requirements, see Paragraph 24 below.
Right to Audit
Availability ofRecords. The records of the parties to this Agreement relating to the Project,
which shall include but not be limited to accounting records(hard copy,as well as computer
readable data if it can be made available; subcontract files (including proposals of
successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.);
original estimates; estimating work sheets; correspondence; change order files (including
documentation covering negotiated settlements); backcharge logs and supporting
documentation; general ledger entries detailing cash and trade discounts earned, insurance
rebates and dividends; any other supporting evidence deemed necessary by the County or
the County Clerk to substantiate charges related to this agreement, and all other
agreements, sources of information and matters that may in the County's or the County
Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties
or obligations under or covered by any contract document (all foregoing hereinafter
referred to as "Records") shall be open to inspection and subject to audit and/or
reproduction by the County's representative and/or agents or the County Clerk.The County
or County Clerk may also conduct verifications such as, but not limited to, counting
employees at the job site, witnessing the distribution of payroll, verifying payroll
computations, overhead computations, observing vendor and supplier payments,
miscellaneous allocations, special charges, verifying information and amounts through
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interviews and written confirmations with employees, subcontractors, suppliers, and
contractors' representatives. All records shall be kept for seven (7) years after Final
Completion of the Project. The County Clerk possesses the independent authority to
conduct an audit of records, assets, and activities relating to this Project. If any auditor
employed by Monroe County or the County Clerk determines that monies paid to
Contractor pursuant to this Agreement were spent for purposes not authorized by this
Agreement, or were wrongfully retained by the Artist/Contractor, the Artist/Contractor
shall repay the monies together with interest calculated pursuant to Section 55.03, Florida
Statutes, running form the date the monies were paid to the Contractor. The right to audit
provisions survives the termination or expiration of this Agreement.
7. MODIFICATIONS AND AMENDMENTS: Any and all modifications of the terms of
this Agreement or any changes in the design of the artwork shall be only amended in
writing and approved by the BOCC. Extensions of time, as requested by either party, to
complete any terms or conditions of this Agreement must be made in writing and must be
approved by the BOCC, which said consent shall not be unreasonably withheld.
8. INDEPENDENT CONTRACTOR: At all times and for all purposes hereunder, the Artist
is an independent contractor and not an employee of the Board of County Commissioners
of Monroe County. No statement contained in this Agreement shall be construed as to find
the Artist or any of its employees, contractors, servants, or agents to be employees of the
Board of County Commissioners of Monroe County, and they shall be entitled to none of
the rights,privileges, or benefits of employees of Monroe County.
9. COMPLIANCE WITH LAW: In carrying out its obligations under this Agreement, the
Artist shall abide by all statutes, ordinances, rules, and regulations pertaining to or
regulating the provisions of this Agreement, including those now in effect and hereafter
adopted. Any violation of said statutes, ordinances, rules, or regulations shall constitute a
material breach of this Agreement and shall entitle the County to terminate this Agreement
immediately upon delivery of written notice of termination to the Artist.
10. HOLD HARMLESS/INDEMNIFICATION: The Artist hereby agrees to defend,
indemnify, and hold harmless the BOCC, Florida Keys Council of the Arts, AIPP
Committee and Monroe County and any of their elected and appointed officers, officials,
agents, servants, and employees from and against any and all claims, demands, liabilities,
litigation, causes of action, damages, costs, expenses (including but not limited to fees and
expenses arising from any factual investigation, discovery or preparation for litigation),
and the payment of any and all of the foregoing or any demands, settlements, or judgments
arising directly or indirectly under this Agreement. The Artist shall immediately give
notice to the County of any suit, claim, or action made against the County that is related to
the activity under this Agreement and will cooperate with the County in the investigation
arising as a result of any suit, action, or claim related to this Agreement. The extent of
liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this Agreement. This indemnification shall survive the
termination or expiration of this Agreement.
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11. NONDISCRIMINATION. The Artist and County agree that there will be no
discrimination against any person, and it is expressly understood that upon a determination
by a court of competent jurisdiction that discrimination has occurred, this Agreement
automatically terminates without any further action on the part of any parry, effective the
date of the court order. The Artist and County agree to comply with all Federal and Florida
statutes, and all local ordinances, as applicable, relating to nondiscrimination. These
include, but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352)
which prohibits discrimination in employment on the basis of race, color, religion, sex, or
national origin; 2) Title IX of the Education Amendment of 1972, as amended(20 USC ss.
1681-1683, and 1685-1686),which prohibits discrimination on the basis of sex; 3) Section
504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits
discrimination on the basis of disability; 4) The Age Discrimination Act of 1975, as
amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5)
The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as
amended,relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7)The
Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as
amended,relating to confidentiality of alcohol and drug abuse patient records; 8)Title VIII
of the Civil Rights Act of 1968 (42 USC s. 3601 et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with
Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to time,
relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter
14, Article II, which prohibits discrimination on the basis of race, color, sex, religion,
national origin, ancestry, sexual orientation, gender identity or expression, familial status
or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which
may apply to the parties to, or the subject matter of, this Agreement.
12. ANTI-KICKBACK: The Artist warrants that no person has been employed or retained to
solicit or secure this Agreement upon an agreement or understanding for a commission,
percentage,brokerage or contingent fee, and that no employee or officer of the County has
any interest, financially or otherwise, in the said funded project, except for general
membership. For breach or violation of this warranty, the County shall have the right to
annul this Agreement without liability or, in its discretion, to deduct from the agreement
price or consideration, the full amount of such commission, percentage, brokerage or
contingent fee.
13. TERMINATION: This Agreement shall terminate pursuant to Paragraph 1. Termination
prior thereto shall occur whenever funds cannot be obtained or cannot be continued at a
level sufficient to allow for the continuation of this Agreement pursuant to the terms herein.
In the event that funds cannot be continued at a level sufficient to allow the continuation
of this Agreement pursuant to the terms specified herein, this Agreement may then be
terminated immediately by written notice of termination delivered in person or by mail to
the Artist. The County may terminate this Agreement without cause upon giving sixty(60)
days' written notice of termination to the Artist. The County shall not be obligated to pay
for any services or goods provided by the Artist after the Artist has received written notice
of termination.
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For Contracts of any amount, if the County determines that the Contractor/Artist has
submitted a false certification under Section 287.135(5), Florida Statutes or has been
placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of
Israel, the County shall have the option of(1)terminating the Agreement after it has given
the Contractor/Artist written notice and an opportunity to demonstrate the agency's
determination of false certification was in error pursuant to Section 287.135(5)(a), Florida
Statutes, or(2)maintaining the Agreement if the conditions of Section 287.135(4), Florida
Statutes, are met.
14. TERMINATION FOR BREACH: The County may immediately terminate this Agreement
for any breach of the terms contained herein. Such termination shall take place
immediately upon receipt of written notice of said termination. Any waiver of any breach
of covenants herein contained to be kept and performed by the Artist shall not be deemed
or considered as a continuing waiver and shall not operate to bar or prevent the County
from declaring a forfeiture for any succeeding breach either of the same conditions or of
any other conditions.
15. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement and
understanding of the parties hereto with respect to the subject matter hereof and supersedes
any and all prior agreements with respect to such subject matter between the County and
the Artist. Any amendment to this Agreement shall be in writing, approved by the Board
of County Commissioners, and signed by both parties before it becomes effective.
16. GOVERNING LAW, INTERPRETATION, AND CONSENT TO JURISDICTION: This
Agreement, its performance, and all disputes arising hereunder, shall be governed by the
laws of the State of Florida, and both parties agree that the proper venue for any actions
shall be in Monroe County. The County and the Artist agree that,in the event of conflicting
interpretations of the terms or a term of this Agreement by or between them,the issue shall
be submitted to mediation prior to the institution of any other administrative or legal
proceeding.
17. EMPLOYMENT OR RETENTION OF FORMER COUNTY OFFICERS OR
EMPLOYEES: The Artist warrants that he/she has not employed, retained or otherwise
had act on his/her behalf any former County officer or employee subject to the prohibition
of Section 2-149, Monroe County Code of Ordinances or any County officer or employee
in violation of Section 2-150,Monroe County Code of Ordinances. For breach or violation
of the provision the County may, at its discretion, terminate this Agreement without
liability and may also, at its discretion, deduct from the agreement or purchase price, or
otherwise recover, the full amount of any fee, commission, percentage, gift, or
consideration paid to the former or present County officer or employee pursuant to
Subsection 2-152(b), Monroe County Code of Ordinances.
18. PUBLIC ENTITY CRIME STATEMENT: A person or affiliate who has been placed on
the convicted vendor list following a conviction for public entity crime may not submit a
bid,proposal, or reply on an agreement to provide any goods or services to a public entity,
may not submit a bid, proposal, or reply on an agreement with a public entity for the
construction or repair of a public building or public work, may not submit bids,proposals,
or replies on leases of real property to public entity, may not be awarded or perform work
as a contractor, supplier, sub-contractor, or consultant under an agreement with any public
entity, and may not transact business with any public entity in excess of the threshold
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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. The
Artist represents that the Artist is not on the Convicted Vendor list.
19. AUTHORITY: The Artist warrants that he or she is authorized by law to engage in the
performance of the activities encompassed by the project herein described. Each of the
signatories for the Artist below is authorized to contract the Artist's services. The County
warrants that it has all required authority to enter into this Agreement and to be bound by
the terms hereof. Each party agrees that it has had ample opportunity to submit this
Agreement to legal counsel of its choice and enters into this Agreement freely,voluntarily,
and with advice of counsel.
20. LICENSING AND PERMITS: The Artist warrants that he or she shall have, prior to
commencement of work under this Agreement and at all times during said work, all
required licenses and permits whether Federal, State, County, or City.
21. INSURANCE: The Artist agrees that he or she maintains in force at its own expense a
liability insurance policy which will insure and indemnify the Artist and the County from
any suits, claims or actions brought by any person or persons and from all costs and
expenses occurring during the Agreement or thereafter that results from performance by
the Artist of the obligations set forth in this Agreement. At all times during the term of the
Agreement and for one (1)year after acceptance of the project, unless the requirement is
waived by the Monroe County Risk Manager, the Artist shall maintain on file with the
County a certificate of the insurance of the carriers showing that the aforesaid insurance
policy is in effect. All insurance policies must specify that they are not subject to
cancellation, non-renewal, material change or reduction in coverage unless a minimum of
thirty (30) days prior notification is given to the County by the insurer.
Acceptance and/or approval of the Artist's insurance shall not be construed as relieving the
Artist from any liability or obligation assumed under this contract or imposed by law.
The Monroe County Board of County Commissioners, 1100 Simonton Street, its
employees and officials will be included as "Certificate Holder" and "Additional Insured"
on all policies except worker's compensation.
Any deviations from these General Insurance Requirements must be requested in writing
on the County form titled"Request for Waiver of Insurance Requirements"attached hereto
as Exhibit`B"and must be approved by the Office of Monroe County Risk Management.
The following coverages shall be provided prior to commencement of work governed by
this contract:
1. Workers' Compensation if, and as required by Florida Statutes. If the Artist has no
employees as defined by Florida Statutes and Regulations, the Artist shall submit a letter
stating that he or she is exempt from this requirement.
2. General Liability Insurance. Coverage shall be maintained throughout the life of
the contract and include, as a minimum:
• Premises Operations
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• Products and Completed Operations
• Blanket Contractual Liability
• Personal Injury Liability
• Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$300,000 Combined Single Limit(CSL)
If coverage is provided on a Claims Made policy, its provisions should include coverage
for claims filed on or after the effective date of this contract. In addition, the period for
which claims may be reported should extend for a minimum of twelve (12) months
following the acceptance of work by the County.
22. UNCONTROLLABLE CIRCUMSTANCE/FORCE MAJEURE: Any delay or failure of
either Party to perform its obligations under this Agreement will be excused to the extent
that the delay or failure was caused directly by an event beyond such Party's control,
without such Party's fault or negligence and that by its nature could not have been foreseen
by such Party or, if it could have been foreseen,was unavoidable: (a)acts of God; (b)flood,
fire, earthquake, explosion, tropical stone, hurricane or other declared emergency in the
geographic area of the Project; (c) war, invasion, hostilities (whether war is declared or
not), terrorist threats or acts,riot, or other civil unrest in the geographic area of the Project;
(d) government order or law in the geographic area of the Project; (e) actions, embargoes,
or blockades in effect on or after the date of this Agreement; (f)action by any governmental
authority prohibiting work in the geographic area of the Project; (each, an "Uncontrollable
Circumstance"). The Artist's financial inability to perfonu, changes in cost or availability
of materials, components, services, market conditions, or supplier actions or contract
disputes will not excuse performance by the Artist under this Section. The Artist shall give
the County written notice within seven (7) days of any event or circumstance that is
reasonably likely to result in an Uncontrollable Circumstance, or as soon as possible after
such Uncontrollable Circumstance has occurred if reasonably anticipated, and the
anticipated duration of such Uncontrollable Circumstance. The Artist shall use all diligent
efforts to end the Uncontrollable Circumstance, ensure that the effects of
any Uncontrollable Circumstance are minimized and resume full performance under this
Agreement. The County will not pay additional costs as a result of an Uncontrollable
Circumstance. The Artist may only seek a no cost Change Order for such reasonable time
as the County's Representative may detenuine.
23. DEATH OR INCAPACITY: If the Artist becomes unable to complete this Agreement
due to death or incapacity, such death or incapacity will not be deemed a breach of this
Agreement or a default on the part of the Artist for the purpose of Paragraphs 13 or 14,
Termination. However, nothing in this paragraph shall obligate the County to accept the
artwork for this Project.
In the event of incapacity,the Artist shall assign the Artist's obligations and services under
this Agreement to another artist provided that the County, in its sole discretion, approves
of the new artist. Alternatively, the County may elect to tenuinate this Agreement. Should
the County tenuinate this Agreement, the Artist shall retain all rights he or she is entitled
to under this Agreement. The artwork and any reproductions thereof shall contain credit
to the Artist and any copyright notice, if applicable.
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In the event of death, this Agreement shall terminate. effective the date of death. Should
the Agreement terminate due to the Artist's death, the Artist's heirs shall retain all rights
under this Agreement to which the Artist would have been entitled thereto.
24. PUBLIC RECORDS COMPLIANCE: The Artist must comply with Florida public records
laws, including but not limited to Chapter 119, Florida Statutes, and Section 24 of Article
I of the Constitution of Florida. The County and Artist shall allow and permit reasonable
access to, and inspection of, all documents,records,papers, letters or other"public record"
materials in its possession or under its control subject to the provisions of Chapter 119,
Florida Statutes, and made or received by the County and Artist in conjunction with this
contract and related to contract performance. The County shall have the right to
unilaterally cancel this contract upon violation of this provision by the Artist. Failure of
the Artist to abide by the terms of this provision shall be deemed a material breach of this
contract and the County may enforce the terms of this provision in the form of a court
proceeding and shall, as a prevailing parry, be entitled to reimbursement of all attorney's
fees and costs associated with that proceeding. This provision shall survive any termination
or expiration of the contract.
The Artist is encouraged to consult with its advisors about Florida Public Records Law in
order to comply with this provision.
Pursuant to Section 119.0701, Florida Statutes and the terms and conditions of this
contract, the Artist is required to:
(1) Keep and maintain public records that would be required by the County to perform
the service.
(2) Upon request from the County's custodian of records,provide the County with a copy
of the requested records or allow the records to be inspected or copied within a reasonable
time at a cost that does not exceed the cost provided in this chapter or as otherwise provided
by law.
(3) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the Artist does not
transfer the records to the County.
(4) Upon completion of the contract, transfer, at no cost,to the County all public records
in possession of the Artist or keep and maintain public records that would be required by
the County to perform the service. If the Artist transfers all public records to the County
upon completion of the contract, the Artist shall destroy any duplicate public records that
are exempt or confidential and exempt from public records disclosure requirements. If the
Artist keeps and maintains public records upon completion of the contract, the Artist shall
meet all applicable requirements for retaining public records. All records stored
electronically must be provided to the County, upon request from the County's custodian
of records, in a format that is compatible with the information technology systems of the
County.
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(5) A request to inspect or copy public records relating to a County contract must be
made directly to the County, but if the County does not possess the requested records, the
County shall immediately notify the Artist of the request, and the Artist must provide the
records to the County or allow the records to be inspected or copied within a reasonable
time.
If the Artist does not comply with the County's request for records, the County shall
enforce the public records contract provisions in accordance with the contract,
notwithstanding the County's option and right to unilaterally cancel this contract upon
violation of this provision by the Artist. An Artist who fails to provide the public records
to the County pursuant to a valid public records request within a reasonable time may be
subject to penalties under Section 119.10, Florida Statutes.
The Artist shall not transfer custody, release, alter, destroy or otherwise dispose of any
public records unless or otherwise provided in this provision or as otherwise provided by
law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT: MONROE COUNTY ATTORNEY'S
OFFICE, 1111 12TH ST., SUITE 408, KEY WEST, FL 33040,
publicrecords(-,monroecounty-fl.gov, (305) 292-3470.
25. RISK OF LOSS: Risk of loss or damage to the artwork shall be borne by the Artist until
acceptance of the artwork by the County as indicated after the final payment has been made.
The Artist shall carry insurance sufficient to cover the purchase price of the artwork to
cover the risk of loss or damage to the artwork until final acceptance by the County. The
Artist shall take such measures as are reasonably necessary to protect the artwork from loss
or damage.
26. NOTICE: Any notice or correspondence required or permitted under this Agreement shall
be in writing and hand delivered or sent by United States Mail,postage prepaid,to the other
party by certified mail, return receipt requested, or by courier with proof of delivery. The
place of giving Notice shall remain the same as set forth herein until changed in writing in
the manner provided in this paragraph. Notice is deemed received by the Artist when hand
delivered by national courier with proof of delivery or by U.S. Mail upon verified receipt
or upon the date of refusal or non-acceptance of delivery. Notices shall be sent to the
following addresses:
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For Artist: For County:
Fran Decker Florida Keys Council of the Arts
600 Elizabeth Street 1100 Simonton Street, Suite 2-263
Key West, Florida 33040 Key West, FL 33040
and
Monroe County Attorney
P. O. Box 1026
Key West, FL 33041
27. WARRANTIES OF QUALITY AND CONDITION: The Artist represents and warrants
that all work will be performed in accordance with professional standards and the artwork,
as fabricated and installed, will be free from defects in material and workmanship which
may cause or accelerate deterioration of the artwork and that reasonable maintenance of
the artwork will not require procedures substantially in excess of those described in the
Artist's maintenance recommendations manual or proposal. The Artist represents and
warrants that the artwork and the materials used are not currently known to be harmful to
public health and safety. The warranties described in this Article shall survive for a period
of five (5) years after final acceptance of the artwork, with periodically required
maintenance by the County, according to instructions provided by the Artist. The County
shall give written notice to the Artist of any breach of this warranty during the five (5)year
period. The Artist shall, at no cost to the County, cure reasonably and promptly the breach
of warranty by means of repair, restoration, refurbishing, re-creation, or replacing the
artwork.
28. REPAIRS AND RESTORATION: The County reserves the right to determine when and
if repairs and restorations to the artwork will be made after final acceptance. Repairs and
restorations to the artwork occurring five (5) years after the County's final acceptance of
the artwork will be the responsibility and at the expense of the County.
29. SEVERABILITY: If any term, covenant, condition or provision of this Agreement(or the
application thereof to any circumstance or person) shall be declared invalid or
unenforceable to any extent by a court of competent jurisdiction, the remaining terms,
covenants, conditions and provisions of this Agreement, shall not be affected thereby; and
each remaining term, covenant, condition and provision of this Agreement shall be valid
and shall be enforceable to the fullest extent permitted by law unless the enforcement of
the remaining terms, covenants, conditions and provisions of this Agreement would
prevent the accomplishment of the original intent of this Agreement. The County and
Contractor agree to reform the Agreement to replace any stricken provision with a valid
provision that comes as close as possible to the intent of the stricken provision.
30. ATTORNEY FEES AND COSTS: The County and Artist agree that, in the event any
cause of action or administrative proceeding is initiated or defended by any party relative
to the enforcement or interpretation of this Agreement,the prevailing party shall be entitled
to reasonable attorney's fees and court costs as an award against the non-prevailing party,
and shall include attorney's fees and courts costs in appellate proceedings.
11
31. BINDING EFFECT: The terms, covenants, conditions, and provisions of this Agreement
shall bind and inure to the benefit of the County and Artist and their respective legal
representatives, successors, and assigns.
32. ADJUDICATION OF DISPUTES OR DISAGREEMENTS: The County and Artist agree
that all disputes and disagreements shall attempt to be resolved by meet and confer sessions
between representatives of each of the parties. If the issue or issues are still not resolved
to the satisfaction of the parties, then any party shall have the right to seek such relief or
remedy as may be provided by this Agreement or by Florida law. This Agreement is not
subject to arbitration. This provision does not negate or waive the provisions of Paragraphs
13 and 14 of this Agreement concerning termination.
33. COOPERATION: In the event any administrative or legal proceeding is instituted against
either party relating to the formation, execution,performance, or breach of this Agreement,
the County and Artist agree to participate, to the extent required by the other party, in all
proceedings, hearings,processes, meetings, and other activities related to the substance of
this Agreement or provision of the services under this Agreement. The County and Artist
specifically agree that no party to this Agreement shall be required to enter into any
arbitration proceedings related to this Agreement.
34. CODE OF ETHICS: The County agrees that officers and employees of the County
recognize and will be required to comply with the standards of conduct for public officers
and employees as delineated in Section 112.313,Florida Statutes,regarding,but not limited
to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized
compensation; misuse of public position; conflicting employment or contractual
relationship; and disclosure or use of certain information.
35. NO SOLICITATION/PAYMENT: The County and Artist warrant that, in respect to itself,
it has neither employed nor retained any company or person, other than a bona fide
employee working solely for it, to solicit or secure this Agreement and that it has not paid
or agreed to pay any person, company, corporation, individual, or firm, other than a bona
fide employee working solely for it, any fee, commission, percentage, gift, or other
consideration contingent upon or resulting from the award or making of this Agreement.
For the breach or violation of the provision,the Artist agrees that the County shall have the
right to terminate this Agreement without liability and, at its discretion, to offset from
monies owed, or otherwise recover, the full amount of such fee, commission, percentage,
gift, or consideration.
36. NON-WAIVER OF IMMUNITY: Notwithstanding the provisions of Section 768.28,
Florida Statutes, the participation of the Artist and the County in this Agreement and the
acquisition of any commercial liability insurance coverage, self-insurance coverage, or
local government liability insurance pool coverage shall not be deemed a waiver of
immunity to the extent of liability coverage, nor shall any contract entered into by the
County be required to contain any provision for waiver.
37. ATTESTATIONS: The Artist agrees to execute such documents as the County may
reasonably require,to include but not limited to, a Public Entity Crime Statement,an Ethics
Statement, and a Drug-Free Workplace Statement, attached hereto as Exhibit "C" and
made a part hereof.
12
38. NO PERSONAL LIABILITY: No covenant or agreement contained herein shall be
deemed to be a covenant or agreement of any member, officer, agent or employee of
Monroe County in his or her individual capacity, and no member, officer, agent or
employee of Monroe County shall be liable personally on this Agreement or be subject to
any personal liability or accountability by reason of the execution of this Agreement.
39. SECTION HEADINGS: Section headings have been inserted in this Agreement as a
matter of convenience for reference only, and it is agreed that such section headings are
not a part of this Agreement and will not be used in the interpretation of any provision of
this Agreement.
40. AGREEMENTS WITH SUBCONTRACTORS: In the event that the Artist subcontracts
any or all of the work in this Project to any third party, the Artist specifically agrees to
identify the County as an additional insured on all insurance policies required by the
County. In addition, the Artist specifically agrees that all agreements or contracts of any
nature with his subcontractors shall include the County as an additional insured.
41. E-VERIFY SYSTEM: Beginning January 1, 2021, in accordance with Section 448.095,
Florida Statutes, as may be amended from time to time, if applicable, the Artist and any
subcontractor shall register with and shall utilize the U.S. Department of Homeland
Security's E-Verify system to verify the work authorization status of all new employees
hired by the Artist during the term of the Contract and shall expressly require any
subcontractors performing work or providing services pursuant to the Contract to likewise
utilize the U.S. Department of Homeland Security's E-Verify system to verify the work
authorization status of all new employees hired by the subcontractor during the Contract
term. Any subcontractor shall provide an affidavit stating that the subcontractor does not
employ, contract with, or subcontract with an unauthorized alien. The Artist shall comply
with and be subject to the provisions of Section 448.095, Florida Statutes. Pursuant to
Section 448.095, Florida Statutes:
1. A public agency, Bidder, or subcontractor who has a good faith belief that a
person or an entity with which it is contracting has knowingly violated Subsection
448.09(1), Florida Statutes shall terminate the contract with the person or entity.
2. A public agency that has a good faith belief that a subcontractor knowingly
violated this subsection, but the Bidder otherwise complied with this subsection,
shall promptly notify the Bidder and order the Bidder to immediately terminate the
contract with the subcontractor.
3. A contract terminated under this paragraph is not a breach of contract and may
not be considered as such. If a public agency terminates a contract with a Bidder
under this paragraph, the Bidder may not be awarded a public contract for at least
1 year after the date on which the contract was terminated. A Bidder is liable for
any additional costs incurred by a public agency as a result of the termination of a
contract."
42. CONSTRUCTION OF AGREEMENT: This Agreement shall not be construed more
strictly against one party than against another merely by virtual of the fact that it may have
been prepared by one of the parties, it being acknowledged that both the Artist and the
County have substantially and materially contributed to the preparation thereof.
13
43. AFFIDAVIT OF NO LIENS: The Artist and the County certify that there are no liens
against the artwork to be created pursuant to this Agreement and designed by the Artist,
nor will there be at the completion of this Project. The titles assigned to the works at the
time of acceptance thereof by the County shall be specifically identified and incorporated
into this Agreement by an Amendment to this Paragraph and executed by the Artist and
the County.
44. ENUMERATION OF CONTRACT DOCUMENTS: The Contract Documents, except for
Modifications or Amendments issued after execution of this Agreement, are enumerated
as the Request for Proposals,the Addenda, if any,the Artist Application,the Artist design,
models, and specifications of the artwork and budget, the Artist's insurance, and this
Agreement executed between the Artist and Owner, along with all executed Monroe
County applicable forms.
45. FURTHER ASSURANCES: The parties shall promptly execute all documents reasonably
required and take such other steps in addition to the execution of this Agreement to
effectuate the intent and purpose of this Agreement.
46. EXECUTION IN COUNTERPARTS: This Agreement may be executed in any number
of counterparts, each of which will be deemed to be an original, but all of which when
taken together will constitute the Agreement. If any signature is delivered by email
delivery of a ".pdf' format data file, such signature will create a valid and binding
obligation of the party executing (or on whose behalf such signature is executed)with the
same force and effect as if the ".pdf' signature was an original signature. The Contractor
transmitting an electronic signature will provide the inked original to the County, at the
County's request.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
14
- -- - - -
, .
IN WITNESS THEREOF,the parties hereto have caused this Monroe County Art in Public Places
Award Agreement to be executed on the day and date first above written.
Execution by the Artist most be by a person with authority to bind the entity. The signature of
the person executing the document must be notarimi and witnessed by another officer of the
entity,or b's' two (2)other witnesses.
,S1:4 ALI :::' ' BOARD OF COUNTY COMMISSIONERS
• ATTEST: KEVIN MADOK, CI.,ERK OF MONROE COUNTY, FLO' DA
,,,t_ f • -‘ ' 'Y v, & . <fr 0 1 1
BV: 1 ''' ' '# , i AAA By 4 0:Mill
•,\ _., --.. s_-, i,-
:.-. ,,:,.g $,Deputy Clerk Or/Chairperson
,•,- , . --/•:, ,,4 .
bate;:-•, - - - ' LA,1 lu tr/-62 MONROE COUNTY ATTORNEY'S OFFICE
APPROVED AS TO FORM
(
e....:...,_,.2.1 lias,-; --,i,„AA- ... , r ,
_ ASSISTANT COUNTY ATTORNEY
DATE: 3-24-2025 •
WITNESSES: ARTIST:
Signature Signature
,•------L___
Print Name Print Name
DATE: 4-114- (23— DATE: 4149/2-5- ,
2) aittIefrte-- IlAjci,i12- a
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Print Name ,,_/4i --).
,:,..:•;(--) cm c)
DATE: -r/ - 2....5 ............
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STATE OF 11\1\<7 1‘(?)e- eFZ, COUNTY OF t V\OV\'Coe-
,.,..
, at
On this 2PSA day of f
, 20g—before me, the undersign ary
public by means of .....rfc physica presence or 0 online, rsona* ap ear
".. ... v„.3141%C., ea.__ , known to me to be the person whose name is subscn above or
who produced — as identification, and acknowledged
that be/she is the person who executed the above contract with Monroe County for the artwork at
the Supervisor of Elections,Key West Office, for the purposes therein contained.
No • Public My Commission Expires:
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r,:‘,..44,7 % , JOHN P.BOLLINGER
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* ..!. * Commission#HH 306991 ,
ir40,ode Expirts November 8,2026
,
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EXHIBIT "A"
Travel Reimbursement Voucher
16
17
EXHIBIT "B"
Request for Waiver of Insurance Requirements
18
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EXHIBIT "C'
Monroe County Forms
20
COUNTY FORMS AFFIDAVIT
I, Fran Decker of the City of Key West according to law on my
oath, and under penalty of perjury, depose and say that:
I am Fran Decker of the firm of
sole proprietor ("CONTRACTOR/CONSULTANT")
the bidder making the Proposal for the project described in the Request for Proposals for
Art in Public Places - Supervisor of Elections and that I executed the said proposal with full
authority to do so.
By signing this Affidavit, CONTRACTOR/CONSULTANT has sworn or affirmed to the
following requirements as set forth in the Public Entity Crime Statement, Lobbying and
Conflict of Interest Statement, Drug-Free Workplace Statement, Vendor Certification
Regarding Scrutinized Companies List, Non-Collusion Statement, Foreign Countries of
Concern, and Common Carrier as set forth below.
Public Entity Crime Statement
A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid, proposal, or reply on contracts to provide any goods or
services to a public entity, may not submit a bid, proposal, or reply on a contract with a public
entity for the construction or repair of a public building or public work, may not submit bids,
proposals, or replies on leases of real property to 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 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from
the date of being placed on the convicted vendor list.
The CONTRACTOR/CONSULTANT certifies and agrees that CONTRACTOR/CONSULTANT
nor any Affiliate has been placed on the convicted vendor list within the last 36 months.
Ethics Clause
By signing this Affidavit, the CONTRACTOR/CONSULTANT warrants that he/it has not
employed, retained or otherwise had act on his/her behalf any former County officer or employee
in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation
of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may,
in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct
from the Agreement or purchase price, or otherwise recover, the full amount of any fee,
commission,percentage, gift, or consideration paid to the former County officer or employee.
Drug-Free Workplace
In accordance with the Florida Statutes, Section 287.087, preference shall be given to businesses
with drug-free workplace programs. Whenever two or more bids or replies that are equal with
respect to price, quality and service are received by the State or by any political subdivision for
the procurement of commodities or contractual services, a bid, or reply received from a business
that certifies that it has implemented a drug-free workplace program shall be given preference in
the award process. Established procedures for processing the bids will be followed if none of the
tied vendors have a drug-free workplace program.
21
CONTRACTOR/CONSULTANT in accordance with Florida Statute 287.087 hereby certifies that
CONTRACTOR/CONSULTANT shall:
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing,possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such
prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business' 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.
3. Give each employee engaged in providing the commodities or contractual services that are
under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a condition of
working on the commodities or contractual services that are under bid, the employee will
abide by the terms of the statement and will notify the employer of any conviction of, or
plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of
any controlled substance law of the United States or any state, for a violation occurring in
the workplace no later than five (5) days after such conviction.
5. Impose a sanction on or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community, or any employee
who is so convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
The person authorized to sign this Affidavit certifies that CONTRACTOR/CONSULTANT
complies fully with the above requirements.
Vendor Certification Rmardin2 Scrutinized Companies Lists
CONTRACTOR/CONSULTANT agrees and certifies compliance with the following:
Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a
proposal for, or entering into or renewing a contract for goods or services of any amount
if, at the time of contracting or renewal, the company is on the Scrutinized Companies that
Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged
in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from
bidding on, submitting a proposal for, or entering into or renewing a contract for goods or
services of $1,000,000 or more, that are on either the Scrutinized Companies with
Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism
Sectors List which were created pursuant to Section 215.473, Florida Statutes, or is
engaged in business operations in Cuba or Syria.
As the person authorized to sign on behalf of CONTRACTOR/CONSULTANT, I hereby
certify that the company identified above as "CONTRACTOR/CONSULTANT" is not
listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of
Israel and for Projects of $1,000,000 or more is not listed on either the Scrutinized
Companies with Activities in Sudan List,the Scrutinized Companies with Activities in the
Iran Terrorism Sectors List, or engaged in business operations in Cuba or Syria.
22
I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false
certification may subject the company to civil penalties, attorney's fees, and/or costs. I
further understand that any contract with the County may be terminated immediately, at
the option of the County, if the company is found to have submitted a false certification or
has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a
boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or
the Scrutinized Companies with Activities in the Iran Terrorism Sectors List or been
engaged in business operations in Cuba or Syria.
Vendor has reviewed Section 287.135, Florida Statutes, and in accordance with such provision of
Florida law, is eligible to bid on, submit a proposal for, or enter into or renew a contract with
Monroe County for goods or services.
Note: The Lists are available at the following Department of Management Services Site:
http://www.dms.myflorida.com/business_operations/state purchasing/vendor_information/convi
cted_suspended_discriminatory complaints vendor lists
Non-Collusion Affidavit
CONTRACTOR/CONSULTANT, by signing this Affidavit, according to law on my oath, and
under penalty of perjury, depose and say that the person signing on behalf of the firm of
CONTRACTOR/CONSULTANT,the bidder making the Proposal for the project described in the
Scope of Work, and that I executed the said proposal with full authority to do so; the prices in this
bid have been arrived at independently without collusion, consultation, communication or
agreement for the purpose of restricting competition, as to any matter relating to such prices with
any other bidder or with any competitor; unless otherwise required by law, the prices which have
been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly
be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any
competitor; and no attempt has been made or will be made by the bidder to induce any other person,
partnership or corporation to submit, or not to submit, a bid for the purpose of restricting
competition.
Foreign Countries of Concern
The Contracting with Entities of Foreign Countries of Concern Prohibited Affidavit Form
("Form") is required by Section 287.138, Florida Statutes, which is deemed as being expressly
incorporated into this Form. The Affidavit must be completed by a person authorized to make this
attestation on behalf of the Bidder/Proposer for the purpose of submitting a bid, proposal, quote,
or other response, or otherwise entering into a contract with the County. If being awarded the
Contract, or otherwise entering into the Contract,would grant Contractor access to an individual's
personal identifying information, pursuant to Section 287.138, Florida Statutes, the undersigned,
on behalf of Contractor, hereby certifies, represents, and warrants that the Contractor is not
affiliated with a foreign country of concern, as such countries are identified in Subsection
287.138(1), Florida Statutes. The undersigned additionally certifies, represents, and warrants that:
(A) Contractor is not owned by a foreign country of concern; (B) the government of a foreign
country of concern does not have a controlling interest in Contractor; and (C) Contractor is not
organized under the laws of nor has its principal place of business in a foreign country of concern.
23
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