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07/21/1994 AgreementAGREEMENT THIS AGREEMENT made and entered into this 21st day of Julv , 1994, A.D., by and between the Monroe County Board of County Commissioners, Monroe County, Florida, acting as Board of Governors, for MSTD 6, hereinafter "COUNTY" and R-Wave of Florida, Inc. hereinafter "CONTRACTOR". WHEREAS: That the parties hereto, for the consideration hereafter set forth, mutually agree as follows: 1. SCOPE OF THE WORK z The CONTRACTOR shall furnish all labor, materia-ls,-.d equipment, machinery, tools, apparatus, and trays grtataion =nd perform all other work as described in the attac r m c� Specifications for the Preventive Inspection and;1?hinte1Mnce*,of Biomedical Equipment for the Monroe County Boar(Je f,Cou�ty Commissioners as described in the Notice of Calhxng--for Bids dated June 21, 1994, and as described in the CONTRACTS B'd Proposal: all of which are hereto attached and mdide pa of� this agreement by reference. to ,=`? 2. CONTRACT SUM The COUNTY shall pay to the CONTRACTOR a total amount of $5,000 which includes Options 1 and 3 as described in the Contractor's bid proposal which is attached hereto for the faithful performance of the Contract, in lawful money of the United States. This will be paid in 12 equal monthly installments, on the first of the month for the preceding month. 3. GENERAL PROVISIONS A. The CONTRACTOR agrees to indemnify the COUNTY and hold the COUNTY harmless from and against all claims, damages, losses and expenses, including reasonable attorneys' fees in any action arising out of performance of the work herein, including bodily injury, illness or death, or for property damage including loss of use, resulting from the CONTRACTOR'S work. B. The CONTRACTOR, warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee subject to the prohibition 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 contract without liability and may also, in its discretion, deduct from the contract 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. 4. CONTRACT TERM A. The Contract shall commence on July 15, 1994 and shall expire one year from that date. The Contract shall be renewed for an additional one (1) year term at the option of the COUNTY. B. The CONTRACTOR will not be held liable for delay in delivery caused by strikes, inability to obtain materials or equipment, production or manufacturing problems and all other causes beyond the CONTRACTOR'S control. The CONTRACTOR shall not be liable for any incidental damages caused by delays in delivery. C. The first preventive maintenance inspection shall be performed within 15 days of the date the purchase order is issued. 5. CONTRACTOR'S ACCEPTANCE OF CONDITIONS The CONTRACTOR understands all provisions of this Contract and of the Specifications and agrees to their sufficiency for the work to be done. Under no circumstances, conditions or situations shall this Contract be more strongly construed against the COUNTY than against the CONTRACTOR. 6. PAYMENT A. The CONTRACTOR shall invoice the COUNTY, in accordance with the pricing and terms as outlined in the contract documents. Invoices shall be submitted to the Monroe County EMS Office, 490 63rd Street, Ocean, Suite 170, Marathon, Florida 33050, for approval and processing. B. All payments shall be made directly to the CONTRACTOR at the CONTRACTOR'S office, R-Wave of Florida, Inc., 3965-A Investment Lane, West Palm Beach, FL 33404-1775. 7. INDEPENDENT CONTRACTOR At all times and for all purposes hereunder CONTRACTOR is an independent contractor and not an employee of the Board of County Commissioners. No statement contained in this Agreement shall be construed so as to find the CONTRACTOR or any of his/her 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. 8. COMPLIANCE WITH LAW In providing all services pursuant to this Agreement, the CONTRACTOR shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of such goods, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules or regulations shall constitute a material breach of this Agreement and shall entitle the Board of County Commissioners of Monroe County to terminate this contract immediately upon delivery of written notice of termination to the rONTRACTOR. r 9. SUBCONTRACTING/ASSIGNMENT CONTRACTOR shall not assign, sublet, subcontract, sell or transfer any interest in this contract without the prior written consent of the COUNTY thereto. 10. NOTICE - GENERAL Any notice or notices required or permitted to be given pursuant to this contract may be personally served on the other party by the party giving such notice, or may be served by certified mail, return receipt requested, to the following addresses: Emergency Medical Services Office 490 63rd Street, Ocean, Suite 170 Marathon, Florida 33050 CONTRACTOR: R-Wave of Florida, Inc. 3965-A Investment Lane West Palm Beach, FL 33404-1775 11. ANTI DISCRIMINATION CONTRACTOR agrees they will not discriminate against any of their employees or applicants for employment or against persons for any other benefit or service, because of their race, color, religion, sex, or national origin, or physical or mental handicap where the handicap does not affect the ability of an individual to perform in a position of employment and to abide by all Federal and State laws regarding non-discrimination. 12. NON WAVIER Any waiver of any breach of covenants herein contained to be kept and performed by the CONTRACTOR 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 covenants or otherwise. 13. CONTRACTOR - GENERAL The CONTRACTOR warrants that it is authorized by law to engage in the performance of the activities encompassed by the program herein described, subject to the terms and conditions set forth in the Attachment, which is attached hereto and incorporated herein as part of this Agreement. Each of the signatories for the CONTRACTOR, below, certifies and warrants that: A. The CONTRACTOR'S name in this Agreement is the full name as designated in its corporate charter, if CONTRACTOR is a corporation; otherwise CONTRACTOR'S name is the business entity, whether partnership of sole proprietorship, under which CONTRACTOR norwally conducts bus-iness. B. They are empowered to act and contract for the CONTRACTOR, and C. This Agreement has been approved by the Board of Directors of CONTRACTOR, if CONTRACTOR is a corporation. D. CONTRACTOR has, if this contract calls for payment in excess of $10,000, executed a sworn statement under F.S. 287.133 (3) (a), on public entity crimes. Said statement, if not attached hereto, is already on file with the EMS Office/Clerk of Court for the calendar year 1994. 14. ENTIRE AGREEMENT This Agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and superseded any and all prior agreements with respect to such subject matter between CONTRACTOR and the EMS Office or the COUNTY. 15. CONSENT TO JURISDICTION This Agreement, its performance, and all disputes arising hereunder, shall be governed be the laws of the State of Florida and both parties agree that a proper venue for any action shall be Monroe County. 16. CONDITIONS OF TERMINATION: A. The performance of work or provision of goods under this agreement may be terminated, delayed, or temporarily suspended by the COUNTY, in whole or in part, from time to time, wherever the COUNTY shall determine that such termination is in the best interest of the COUNTY. The COUNTY shall pay all reasonable costs incurred by the CONTRACTOR up to the time of termination, and all reasonable costs to the CONTRACTOR associated with termination. B. If the CONTRACTOR fails to fulfill the terms of this agreement, or attachments, properly or on time, or otherwise violates the provisions of the agreement or of applicable laws or regulations governing the use of funds, the COUNTY may terminate the contract by written notice of 60 days. The notice shall specify cause. The COUNTY shall pay the CONTRACTOR fair and equitable compensation for expenses incurred prior to termination of the agreement, less any amount of damages caused by the CONTRACTOR'S breach. If the damages are more than compensation payable, the CONTRACTOR will remain liable after termination and the COUNTY can affirmatively collect damages. COUNTY ATTORNEY TEL:305-292-3516 Jul 07,94 10:02 No.003 P.01 IN WITNESS WHEREOF, the parties hereto have executed this contract the day and year first above written. (SEAL) ATTEST: Danny L. Kolhage, Clerk aajo-a C. &'A � CLERR WITNESS: BOARD OF COUNTY COMMISSIONERS OF MOLAR COUNTY, FLORI BY: 2,- NAVE F VI�A Wc-- RPORATIONt AUTHORIZED REPRESENTATIVE ri .: v, /Ip Atlar�pyy r.:_rj , � NOTICE OF CALLING FOR BIDS NOTICE ,.IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Tuesday, June 21, 1994, at 1000 A.M., at the Office of Director of Purchasin th�� g, a Committee consisting of the Director of Purchasing, the County Administrator, the County Attorney, and the requesting Department Head or Division Di designees, nectar, ar their. g , will open sealed bids for; PREVENTIVE MAINTENANCE INSPECTION AND CORRECTIVE MAINTENANCE OF BIOMEDICAL EQUIPMENT FOR THE LOWER AND MIDDLE KEYS FIRE AND DISTRICT S - TAVERNIER, AND DISTRICT U�CE DISTRICT 1� Specifl,cations - KEY LARGO and a list of inventor been Y of equipment have prepared for each District, and bidders may bid on o or all three Districts; however, n�. two ver, bid price must be broken down separately by District. Bids must be received by the Office of e the Director of Purchasing, '5100 College Road, Public Service Wing, Room 002, Key West 8uildin g, Croas Florida 33040, on or before 10:00 A.M. on June 21. 1994. All bids, including the recommendation dation Of ator re and the the County be questing Department Head or Division Director, will Presented .. the Lower s to the Board and Middle Keys °f or of y Fire and Ambulance District 1, and the Board of Governors of District 5 and 6, Otherwise. for final awArdi . nb or The Boards will automatically re e or affiliate who ct the bid of an appears on the convicted Y person the Department og � vendor list prepared by eneral Services State of Fl 2$7.133(3)(d) Forida la.Stat. (1989). , under Sec. Interested bidders shall submit two (2) signed originals and two (2) complete copies of each bid in a sealed envelope marked on the outside, "Sealed Bid fnr Biomedical Equipment, etc," All bids are to remain valid for a period of ninety (90) days after the date set for the opening thereof. Specifications and/or further information may be obtained by contacting Pete Lubert, Support Services Manager, Monroe County Emergency Medical Services, 490 63rd Street, Ocean, Suite 170, Marathon, Florida 33050 - 305-289-6004. The Boards reserve the right to reject any or all bids, to waive irregularities and informalities in any or all bids, and to readvertise for bids. The Boards also reserve the right to separately accept or reject any item or items of a bid and to award and/or negotiate contract in the best interest of the County. a DATED at' Key West, Florida this 18th day of May, 1994. n I R• M. COFER Director of Purchasing for Monroe County, Florida 0 MONROE COUNTY EMERGENCY MEDICAL SERVICES SPECIFICATIONS for BIOMEDICAL EQUIPMENT These specifications are for the sole purpose of requesting price proposals for providing a total of two (2) maintenance inspections during the term of this proposal, one (1) every six (6) months and corrective maintenance on an as needed basis for biomedical equipment (as identified in Addendum A), owned and operated by the Municipal Services Taxing District No. 6, of Monroe County, Florida. Two (2) categories are specified in this proposal; 1) Mandatory Work and Equipment; and (2) Optional Work and Equipment. The vendor must price and agree to do all work and furnish all equipment listed under both categories. Monroe County reserves the right to accept or reject any or all of the work and equipment proposed. Mandatory Work and Equipment Preventive Maintenance Inspections There shall be one (1) preventive maintenance inspection of all LP-10's and LS-100's (including chargers) every six (6) months, generally in October and in April, however, the first preventive maintenance inspection shall be scheduled within fourteen (14) d ys of execution, by Monroe County, of the Agreement. There w.11 be one preventive maintenance inspection/calibration of all LP-5's per 12 month period. Performance output and electrical safety inspections shall be performed in accordance with the otandards established by the ' Joint Commission on the Accreditation of Hospitals (JCAH) and/or the National Fire Protection Agency (NFPA). Each inspection shall include the following: 1. Cleaning the equipment. 2. Calibration: Make required adjustments to bring the equipment up to the factory specifications. The calibration results of each Piece of equipment shall be recorded and placed in a file that contains a list of all Monroe County biomedical equipment. NOTE: The successful vendor must provide Monroe County Emergency Medical Services with documentation that their test equipment is calibrated every six (6) months and is traceable to the National Bureau of Standards (NBS). 3. Mechanical Inspection: Inspect each piece of equipment for wear, repair as necessary and record the findings. The inspection shall include patient cables and lead wires. 4. Leakage Current Measurements shall be recorded and filed. 5. Output Measurements: .Defibrillator outputs 6. Lubrication: Each instrument shall be lubricpted, as appropriate, to manufacturer specifications. 7. Scheduling: Mutually agreed upon scheduling of each regular inspection visit shall be made in advance. Inspections shall be conducted on -site in Monroe County. 8. Documentation: Upon completion of preventive maintenance inspections, a report outlining the performance of each piece of equipment will be forwarded to the Monroe County Emergency Medical Services Office within seven (7) calendar days. Corrective Maintenance All repairs, modifications and/or calibrations shall be consistent with the device amendments to the Food, Drug and Cosmetic Act regulated by the Food and Drug Administration (FDA). All equipment that is repaired will be calibrated to OEM performance verification procedures. 1. Service: Repair service shall be available Monday through Friday, 8:00 AM-5:00 PM, either on site or using UPS to ship units in need of repair to the location identified by the vendor as the repair facility. The vendor will supply the appropriate shipping containers for each piece of equipment to be repaired. All transportation/shipping costs from the repair facility shall be the responsibility of the vendor. 2. Loaners: Loaner(s) will be provided, on an as needed basis, if it becomes necessary to remove a defibrillator, monitor, pacer or blood pressure machine from service. The vendor shall provide a unit(s), of exactly the same make and model, until the nonoperating equipment is back in service. All costs associated with providing a loaner to Monroe County, and its return, shall be the responsibility of the vendor. General Conditions 1. Parts: The cost of all parts, components and materials shall be included as a cost within the Mandatory Work and Equipment category unless otherwise specifically excluded. All parts shall be guaranteed to be of new and of current manufacture and of at least OEM quality, and no part or attachment shall be substituted or applied , contrary to the manufacturer's recommendation and standard practices. All parts shall be guaranteed for a minimum Of six (6) months. 2. Labor: This proposal will include the cost of all labor associated 'with the inspection, maintenance and repair of Monroe County's biomedical equipment. All workmanship shall be equal to the highest industry standards and performed in a professional manner so as to insure it is safe and functional. All labor shall be guaranteed for a minimum of six months. 3. Exclusions: Repair of the following items Will not be covered by this proposal: Blood pressure cuff bladders and tubing, patient Page No. 2 cables and cases. Inspection of these items shall be pincluded. Cases may be included if Option No. 3 is exercised. 4. Insurance: Each vendor must show that they have adequate Workmen Compensation insurance to include statutory benefits. Each vendor must also show that they have premises/operations and products/completed operations insurance in the amount of $1,000,000 per occurrence/$2,000,000 aggregate. 5. Technical Assistance: The successful vendor must provide technical •assistance to Monroe County to establish regulatory requirements for Monroe County's biomedical equipment. 6. Technician Training: The successful vendor must show, on demand, the training qualifications of the technicians that will be working on Monroe County Emergency Medical Service equipment. 7. Technical Data: The successful vendor must show, on demand, that they have the technical library (current service manuals, etc.) necessary to support the technician(s) working on the biomedical equipment. 8. Default Provisions: In case of default, including failure to respond in a timely manner to a request for service, by the vendor, Monroe County may procure services from an outside vendor and hold the vendor responsible for any charges incurred by Monroe County for the repair of its equipment. 9. Contract Award: Monroe County reserves the right to reject any or all proposals deemed to be unresponsive and to accept any proposal which in its best interest best meets the specifications herein., Monroe County reserves the right, before awarding the proposal, to require a vendor to submit such evidence of his qualifications as it may deem necessary. Documentation that may be required is financial, technical and other qualifications and abilities of a vendor in making the award in the best interest of Monroe County. Monroe County shall be the final authority in the award of the contract. Acceptance of a proposal shall be evidenced by execution, by Monroe County, of the Agreement. 10. Familiarity With Laws: The vendor is presumed to be familiar with all federal, state and local laws, ordinances, code rules and regulations that may in any way affect the work. Ignorance of the law shall in.no way relieve the vendor from responsibility. 11. Licenses: All bidders must have all licenses that are required by Florida State law and submit copies of them with the proposal. 12. Quantities: Original price proposals shall be based on those quantities identified in Addendum A of this specification including that biomedical equipment for which the manufacturer's warranty will expire during the term of this proposal. Manufacturer warranty expiration dates, when applicable, are listed in Addendum A. F k► Page No. 3 r 13. Quantity Increases/Decreases: Monroe County resgrves the right to increase or decrease the equipment listed in Addendum A of this proposal, during the term of the proposal. Equipment increases or decreases will be accomplished by contract addendum, mutually agreed upon and executed by the vendor and Monroe County. 14. Errors or Omissions: The vendor shall take no advantage of any apparent error or omission which might be discovered in this specification, but shall forthwith notify the Monroe County EMS Director at 490 63 St., Suite 170, Marathon, Florida 33050, of such discovery. The EMS Director will then make such corrections or interpretations as deemed necessary for reflecting the actual spirit and intent of the specification. 15. Customer Listing: The vendor must provide Monroe County Emergency Medical Services a list of Pre -Hospital Emergency Medical Services for whom the vendor has performed similar or identical work within the last three years. 16. Initial }Term of Proposal: It is the intent of Monroe County to establish a contract that will commence on execution of the Agreement, by Monroe County and expire one year from that date. 17. Renewal Option: Assuming the availability of budgeted funds, this proposal may be renewed for an additional one (1) year term if mutually agreed upon by both parties in writing. 18. Payment: The vendor shall invoice Monroe County in 12 equal monthly installments, on the first of each month, for the preceding month. Invoices shall be submitted to the Monroe County EMS Director, 490 63 St:, Suite 170, Marathon, Florida 33050, for approval and processing. 19. Signature Required: All proposals must be signed with the firm name and by an officer or employee having the authority to bind the company or firm by his signature. 20. Proposal prices shall be valid for at least ninety (90) days from the closing date for submittal of proposals. 21. Exceptions: Variances or exceptions MUST be noted by number and explained in full detail on the last page(s) of these specifications. 22. The vendor agrees to indemnify Monroe County and hold the COUNTY harmless from and against all claims, damages, losses and expenses, including reasonable attorneys' fees in any action arising out of performance of the work herein, including bodily injury, illness or death, or for property damage including loss of use, resulting from the vendor's work. to y Page No. 4 a Optional Work and Equipment Option No. 1 Paddles, Adult: This proposal will include the cost of replacing adult defibrillator paddles, on an as needed basis - Specify unit cost. Option No. 2 Everything in the proposal will remain the same except there will be only one (1) preventive inspection. This inspection shall be within fourteen (14) days of execution of the Agreement. Option No. 3 Cases: This proposal shall include the cost of replacing cases, for the monitors, defibrillators and pacer units, on an as needed basis - Specify unit cost. F to Page No. 5 V ADDENDUM A + DISTRICT 6 (KEY LARGO) BIOMEDICAL EQUIPMENT INVENTORY Description Serial Number LP 5 Monitor LP 5 Monitor LP 5 Monitor LP 5 Defibrillator LP 5 Defibrillator LP 5 Defibrillator LS 100 LS 100 Charger LS 100 Charger LS 100 Auto BP LS 100 Auto BP LS 100 Auto BP LP 10 With Pacer LP 10 With Pacer LP 10 With Pacer LP 10 With Pacer LP 10 Charger Power Supply Power Supply 016425 047757 006109 005751 026573 015602 001574 001573 003870 001422 001424 003907 002259 00007541 00007546 0029396 (has not been delivered yet) 000333 00002285 00002288 E Page No. 6 . JUN- 1'7-B4 08. 0B FROM. M C PUBL fC ' SAFETY ID. 2eB8013 PAGE 2 DID SHEET U Mandatory Work and Equipment ' x 5200,go Optional Work and Equipment (price each option separately); Option 1 Option 2 Option 3 Authvrizod Signature or Company Representative v E 0 25oo. c)Q Date -94 W ED 1 6 = S? R-W AWE CFLOR I DA > F' _ 01 Attachment 2 R=WAVE BIOMEDICAL SERVICE 173 NEWTOWN RD. • PLAINVIEW, NY 11803 3965-A7 INVESTMENT LANE 516-249-4693 - FAX 516.249-4696 W. PALM BEACH, FL 33404 407-842.36M 0 800-32R-WAVE -FAX 407-80-91 V July 6, 1994 Monroe County EMS Attention: Michele Stevens Fax # 305.289.6013 Dear Ms. Stevens: Per your request I have faxed you the Option Bid Sheets for District #1, Tavenier and Key Largo. The amount for Option #1 and #3 is included in the mandatory bid price for all three bids. Thank you for your help in this matter. Please call me if you need any more information. Sincerely, Richard D'Anied President PREVENTIVE MAINTENANCE • SALES 0 SERVICE 0 CALIBRATION JUL-- 6- 9 4 WED 1 6 : S 9 R - W AVE C F L O R I D A > P_ 0 1 11-04 08s 89 PROM s M C PtML fC ' BAFETV i p • QeeB• f PAGs DID SHEET Attachment 2 ' mandatory work and Equipment 5I Optional work and Equipment (price each option separately): Option I option Z�-Q Option 3 Author xod 8 Pagnatur� � -- o Company RAproaantativa 8 i (0-20 C-) Date —" NON -COLLUSION AFFIDAVIT Y � 1P- UJA"rC uF t Wj4 1►JC_ of the city of An)E, 5� L^_bE:n& 1A according to law on my oath, and under penalty of perjury, depose and say that] l ) I am �"'21 , the bidder making the Proposal for the project described ae.foilowss 2) the prices in this bid have beers 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; 31 unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and opening, directlynot lorly he indirectly,�sed by the to any otherdder bidderior to bid competitor; and or to any 4) 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; 5) the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contratrts for:said project. iS 9nature of 8 er) STATE OF _P7 i,.aR 1 I, f1 -9 L 1 COUNTY OF PA lL•-1 DATE PERSONALLY APPBARLD BEFORE MR, the undernignsd authority, IC . 09 N 1 who, after first being sworn by me, name of n v dual s qn ng) affixed hie/her signature in the space provided above on thin 0 t %I day of �J-Oo E 19qq My commission expires; ""j LEE ANN PETROFF * * My Non CC336033 EN*" Doc. 13, iifpl eond.d by HM SWORN STATF,MENT PIJRSUANT TO SECTION 287.133(3)(a), FLORIDA STATUTE$, ON PUBLIC ENTITY CRIMES THIS FORM 11tUST BE SIGNED AND SWORN TO IN TIE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. This sworn statement is submitted to )t�- WAVE, O Fl.CAVDA V► [print name of the public entity] by lRkOAARD-)SMter-L WE; [print Individual's name and title] for PoCNNXZ) tA►-1k' 9—% [print name of entity submitting sworn statement] whose business address is -3165- A`1 INVE i�Ft� P. j3, and (if applicable) its Federal Employer Identification Number (FEIN) is 0-50 3`7 7) y y (if the entity has no FEIN, include the Social Security Number of the Individual signing this sworn statement: - .1 2. I understand that a "public entity crime" as defined in Paragraph 287.133(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 public entity or with an agency or political subdivision of any other state or of 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. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(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 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 4. 1 understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity crime; or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a 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. 5. 1 understand that a "person" as defined in Paragraph 287.133(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 bid on contracts 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 management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Indicnte which statement applies.) Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or 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. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or 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. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [attach a copy of the final order] I UNDERSTAND THAT TIIE SUBMISSION OF THIS FORM TO TIIE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR TIIAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM TIIE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 297.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CIIANGF. IN THE INFORMATION CONTAINED IN THIS FORM. Sworn to and subscribed before me this - h day of Personally known E T C H ARE) CY A N I t; rrk l., OR Produced identification �Ie / PENS 5 t_IcENSE. (-i'ype of identification) Form PUR 7068 (Rev. 06/18/92) 1 [signature] 19�. r. Notary ublicat'of_��` —% My Conynision CC330= �r Bone bya. 13, 1ti�7 My commissiot} taa�a by wu 800-422-15% (Printed typed or stamped commissioned name of notary public) a niece W►Tt (jV"LA lTT) .:.:...tr.:::..... ............ 07/00/94 ''n?r:nit^:;z:t.%%zti:0000ci:i•:rioots0c2<ct.•,o-cik..,.c,,,...41.....::.. .. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE Frank J. Becker Agency DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 173 sarle Ave. POLICIES BELOW. Lynbrook, NY 11563 COMPANIES AFFORDING COVERAGE COMPANY A COMMERCIAL UNION INS CO LETTER COMPANY INSURED LETTER B R-Wave Of Florida, Inc. COMPANY C L! l 3965-A7 Investment Lane LETTER West Palm Beach, NY 33404 COMPANY D YES LETTER WAIVER N/A COMPANv E LETTER 4 THIS 18 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD E INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, ME iNSURANCE AFFORDED 01.1 THE MOUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 1 EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. OMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFFECTIVE POLICY EMRATM LuxTS 0 TYPE OF BISUNIANCE POLICY NUMBER DATE (MM/DD f ) DATE (MMNDO/YY) A W1 JTY GENERAL AGGREGATE 8 3,000,000 X COMMERCIAL GENERAL LIABILITY CJR 13158 6 0 8 / 01 / 94 0 8 / 01 / 95 PRODUCTS'COMP/OP AGG. 8 CLAM MADE Fx-1 OCCUR PERSONAL 6 ADV, INJURY 8 1, 0 0 0, 0 0 0 ON111*3'SaCONTRACTORS PROT EACH OCCURRENCE t 1,000,000 �pp = 50 , 000 X PROIISBS/OPERATIONS FIRE DAMAGEDAMAGE(MY one he) t mEDZ(PE (Arryonepww 8 5, 000 AUTOMODILELIABWTY COMBINED SINGLE 8 LIMIT ANY AUTO ALL OWNED AUTOS BODILY INJURY : (Per Person) SCHEDULED AUTOS FIRED AUTOS Rea ived BODILY W41AW 8 (Per soddenq NON-OVWNEDAUTOS Risk Mgmt. & Loss Control GARAGE I'AN TY PROPERTY DAMAGE8 DATE S—!` EKCESS LIABNJTY Ilvi', il:L ..�__ EACH OCCURRENCE 8 UMBRELLA FORM �J.0 AGGREGATE 8 OTHER THAN UMBRELLA FORM STATUTORY LIMITS wowun 'S COMPOISATiWI EACH ACCIDENT 8 AND DISEASE -POLICY LIMIT 8 EMPLOYERt' LIABILITY DISEASE -EACH EMPLOYEE 8 OTHER DESCRIPTION OF OPERATIOMS/LOCATIONSNEHICLES/SPECIAL ITEMS COUNTY OF MONROE IS INCLUDED AS ADDITIONAL INSURED FOR WORK PERFORMED BY THE INSURED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE s EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO COUNTY OF MONROE MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE r EMERGENCY MED . LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR Y 490 63 rD ST . , OCEAN, SUITE 1..0 IJABIUIY F ANY ION UPON THE COMP , ITS ENTS OR REPRESENTATIVES. € F MARATHON, FL 33050 AUTHORGO^ :.w ,y +���{�y •.....v..:•.�:::::::v.�::.:w:::::::n...::v.�:::::::v:..:..::.......................L}:::::}::�w::i:•ii:4i: iiii::. �:::: :w:.:ii}i:•i:v.. ..:..... ::. �:::::::. �::::::::::::: :•::n. , THE STATE INSURANCE FUND 199 CHURCH STREET NEW YORK, N.Y. 10007 (212) 312-7368 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE APPROVf_0 BY RISK MANAGEMENT DaTE WAIVER: N/a,._YES_..� R-WAVE INC 173 NEWTOWN ROAD PLAINVIEW NY 11803 897 516-1 8/09/94 492-065 PERIOD COVERED BY THIS CERTIFICATE 2/05/94 TO 2/05/95 POLICYHOLDER ERITFICATE HOLDER R-WAVE INC MONROE COUNTY 173 NEWTOWN ROAD 490 63RD ST PLAINVIEW NY 11803 MARATHON FL 33050 U-26.3 THIS IS TO CERTIFY THAT THE POLICYHOLDER NAMED ABOVE IS INSURED WITH THE STATE INSURANCE FUND UNDER POLICY NO. 897 516-1 UNTIL 2/05/95 , COVERING THE ENTIRE OBLIGATION OF THIS POLICYHOLDER FOR WORKERS' COMPENSATION UNDER THE NEW YORK WORK- ERS' COMPENSATION LAW WITH RESPECT TO ALL OPERATIONS IN THE STATE OF NEW YORK, AND, WITH RESPECT TO OPERATIONS OUTSIDE OF NEW YORK, TO THE POLICYHOLDER'S REGULAR NEW YORK STATE EMPLOYEES ONLY. IF SAID POLICY IS CANCELLED, OR CHANGED PRIOR TO 2/05/95 IN SUCH MANNER AS TO AFFECT THIS CERTIFICATE, 30 DAYS WRITTEN NOTICE OF SUCH CANCELLATION WILL BE GIVEN TO THE CERTIFICATE HOLDER ABOVE. NOTICE BY REGULAR MAIL SO ADDRESSED SHALL BE SUFFICIENT COMPLIANCE WITH THIS PROVISION. Risk. MgVfTmt. & Loss Control DATE --_ — // _ 1 / M171AL _.._... -- cc THE STA-LE INSURAN E FUND HER TJACOBS DIRECTOR, INSU ANCE FUND UNDERWRITING.'