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#19-062-NS (Apollo Metro Solutions, Inc.)
GENERAL SERVICE AGREEMENT (NON-SOLICITATION) #19-062-NS for Light Emitting Diode (LED) Luminaries THIS AGREEMENT, made and entered into on thisae day of S c\1(1Cv 20.19 , by and between Apollo Metro Solutions, Inc. f authorized to do business in the State of Florida, whose business address is 2900 South Horseshoe Drive, Suite 400, Naples, Florida 34104 (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. AGREEMENT TERM. The Agreement shall be for a three (3 ) year period, commencing ❑ Win--the-d ■ on March 22, 2020 and terminating on three (3 ) year(s) from that date or until all outstanding Purchase Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two ( 2 ) additional one (1 ) year period. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a ❑■ Purchase Order Netiec to Procccd. 3. STATEMENT OF WORK. The Contractor, as a n sale-source, ❑■ single source, • standardization provider, I I exemptiee shall provide goods and services in accordance with n the terms and conditions of this Agreement,* Exhibit A — Scope of Services, attached to this Agreement III Exhibit B— Fee Schedule, attached to this Agreement and Contractor's proposal referred to herein and made an integral part of this Agreement. 3.1 This Agreement contains the entire understanding between the Parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. Pagel of 17 General Service Agreement Non-Solicitation 112017-004(Vet 1) 3.2 The execution of this Agreement shall not be a commitment to the Contractor to order any minimum or maximum amount. The County shall order items/services as required but makes no guarantee as to the quantity, number, type or distribution of items/services that will be ordered or required by this Agreement. 4. THE AGREEMENT SUM. n l!—pa •- _ e• . . e e •: eerformance of this Agre-Ar,e ,_,e.nt-n. - '.. _. .• .. a. ... a . .. , per County fiscal year, based on units/services furnish_e •: •.e. - - - - • - . - attached hereto and the price method ined in Sect n- 1. ga ment-wi i--de A . •. ••_ _ _ A • • ■ . - - (l • ' - , _ se •• _.••. • a _ a • - -, -. othe-i is: . •e • . .. •: " e—- . .ouer-n hent Prompt Payme-n -Ac U The County shall pay the Contractor for the performance of this Agreement based on Exhibit B- Fee Schedule, attached hereto and the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". The County shall—pay the Contractor for the e: e ••- • -= e •,- ::••:• - • _ _. as- ••• - •• ••Dunt of ($ ) per County fiscal year, based on units/s fished pursuant to the quoted-p iced . _ t. . •: _ .• _ _ . • __..•-- ' - -''- - !'. . S _. _ '.. _ •e •- - - -. . 'A: •e'e ee •• _ _ ..• 4 , . •.:• • ._ ••:e- - „• :ce-i-ptofa proper invoice • ir> {alia -- ' • - . e - 8, Fla. S. _. e •-• •-- . •own-as-the "Local--cove amen-t Prompt Payment Act". 4.1 Price Methodology (as selected below): _ .. e _ _ .• :e ■ _: : A ' .a • te e - e -- . •: ••e e _ ee -- • •: - - - - transferred from the County to the contractor; and, as a business practice there are no hourly or mat_ -:- e --:• :e .- •- .• e .- e •• e •- is authorized. IJ •.• _ e _ _ •: _ e. • -e --- e e_ •: - • - - e e •: • ..e • e _ ee •a.- _.r. a a_ _.• _ _ . ,_ :•... . -_- _ •e • .• _ _ . _ • . •• at . • _ ••et e •._ _ '••:_ •-. _ : , - me e ••_ : _ _ _nd equipment used in the project (cost of , • • • •e ee_-.' = ' - --- _ - -- .•.- - •= ..• e •_ . •'= - . • • • _ et_ to --- _e. - - - •- _et e.. _ - . ee__ •.:• _ '.. . _e- -e • ' --- ' e- .• - _ e. . _ ..._ e •e _ _ e _, , ... - _ e ee_. ..• _ a. •. _e•• • e __ e_ontractor) Page 2 of 17 General Service Agreement Non-Solicitation#2017-004(Ver.l) -. •. e e e e •._ _ e :. _'..•:• --- _ •e e •: .._- ••:• _ .e• . •: . . =- ' ■ Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification). 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. 4-4 - - -••• e _ ansa: _ _. , _ •:•-_ _ e e e , :e e •_ _ e- • , Travel expenses shall be _:••: • —•- .: •: . - _ page $0.44.5 per m48 area-kfast $6.00 Lunch $4-1-00 Dinner $ 00 A fare Actual ticket cost limited to tourist or coach class fare Rental car Actual rental oast limited to compact or sdard-sem Lodging Actual cost of lodging at single occupancy rate with a cap of no more than $150.00 per night Taxi or Airport Limousine Actual cost of either taxi or airport limousine - :'...- -- e _ :u_ e •: •- • - - - '`•-=- -._ e: •• :e e •: e e , .e: : :e'e : ••• • - • .: e: e•e ocopy-iog-charges and e items will be paid only after Contractor has provided all receipts. Contractor shall be . . •- e _ _ •. - •-•-=- ...e-•- :e . • • - - • • -- - •e _. . • ..• Undertaken pursuant to this Agreement. 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is Page 3 of 17 General Service Agreement Non-Solicitation#2017-004(Ver.1) CA--.()) exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531 C. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: Apollo Metro Solutions, Inc. Address: 2975 Horseshoe Drive, Suite 500 Naples, Florida 34104 Authorized Agent: Ulrich Altvater, CEO Attention Name & Title: Telephone: (239) 961-7361 E-Mail(s): ualtvater@apollometro.com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Director: Jay Ahmad Division Name: Transportation Engineering Address: 2885 Horseshoe Drive S Naples, Florida 34104 Administrative Agent/PM: Daniel Hall, Principal Project Manager Telephone: (239) 252-6077 E-Mail(s): Daniel.Hall@colliercountyfl.gov The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the Page 4 of 17 General Service Agreement Non-Solicitation#2017-004(Ver.1) U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be the sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. ■ Commercial General Liability: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 13- ❑ Business Auto Liability; Ce shalt have minimum limits of $ Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. ••_ _•: e-: ! •-e _ -. ► e• 41 , • C. IN Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. Page 5 of 17 General Service Agreement Non-Solicitation 42017-004(Ver 1) The coverage must include Employers' Liability with a minimum limit of $500,000 for each accident. - - -'. . _ : _ ._ e: .._ . _ ._. . .: _ .. _ _ • e :•- - - - :e_ liability .- liability for claims arising out of the perform-a• ee :- •- - -- •e= • Aa .. . . _ e. _ _ . , _ __ _ .. . • __. : ,e..._ _ •_ • - _ • . • this insurance. Such insurance shall have limits of not less than $ each sls+na te, : Coverage shall have minimum limits of $ per claim. Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or Page 6 of 17 General Service Agreement Non-Solicitation#2017-004(Ver.1) reduce any other rights or remedies which otherwise may be available to an indemnified • party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Growth Management Transportation Engineering Division 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, • Insurance Certificate(s), ■ Exhibit A Scope of • Services, Exhibit B Fee Schedule, n subs-64;14@M quotes, and Other Exhibit/Attachment: 17. APPLICABILITY. Sections corresponding to any checked box (II) expressly apply to the terms of this Agreement. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. Page 7 of 17 General Service Agreement Non-Solicitation#2017-004(Ver.1) 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes; and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: 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: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency 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 Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. Page 8 of 17 General Service Agreement Non-Solicitation#2017-004(Ver.l) If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. 22. PAYMENTS WITHHELD. The County may decline to approve any Application for Payment, or portions thereof, because of defective or incomplete work, subsequently discovered evidence or subsequent inspections. The County may nullify the whole or any part of any approval for payment previously issued and the County may withhold any payments otherwise due to Contractor under this Agreement or any other Agreement between the County and Contractor, to such extent as may be necessary in the County's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, the County may, after three (3) days written notice, rectify the same at Contractor's expense. The County also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to the County, whether relating to or arising out of this Agreement or any other Agreement between Contractor and the County. 23. • CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean. 24. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 25. n WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and Page 9 of 17 General Service Agreement Non-Solicitation#2017-004(Ver.1) will be of satisfactory material and quality production, free from defects, and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. Any services provided under this Agreement shall be provided in accordance with generally accepted professional standards for the particular service. These warranties shall survive inspection, acceptance, passage of title and payment by the County. Contractor further warrants to the County that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. •• • : e • ! . - e • - . _ ..: •• : • a _ . _ _- • •• _ - - .- - - - • • • - - - - • •- - - - • - - - - • e • e _- '•• e '-. 26. ❑■ TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the County the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the County. 27. • PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of the County or County's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due to Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify the County. The County shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith. 28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials form specifications shall be approved in writing by the County in advance. Page 10 of 17 General Service Agreement Non-Solicitation#2017-004(Ver.I) CAO 29. CHANGES IN THE WORK. The County shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon modification of the Purchase Order by the County, and the County shall not be liable to the Contractor for any increased compensation without such modification. No officer, employee or agent of the County is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County Procurement Ordinance and Procedures in effect at the time such modifications are authorized. 30. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 31 . ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 32. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 33. VENUE. Any suit or action brought by either party to this Agreement against the other • party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 34. 1 I KEY PERSONNEL. The Contractor's personnel and man or right to perform investigations as may be deemed necessary to ensure that competent •� _•._ et _ . . .. •. •- •_• • .._ • -- a •- • e --... •= - '• - - e -•- - --•a . as many people as necessary to complete the services on a timely basis, and each person _ __•e•_e _•_ _ : : - - e .. "9- • e time adequate to meet the required service e_ __ .- - .. _ _ • -._ .. _._ ..t - -- _e• •: . • _-- • .. e e , .•. _-•.. •-•- _ .. met: (1) Proposed replacements have substantially the same or better qualifications Page 11 of 17 General Service Agreement Non-Solicitation#2017-004(Ver.I) CAO - •e e _ e: - •: - e- • .e :e . _ _ _ -e _ • __ . . ee__'e -. •: - e• - ' a -•- •'. - -e•...: - - -- -e•• • _ : •e _ e •• • _ • _ _ e_ • .'• seven (7) days of the change. The County retain_ .•_ - e e e _ e e ••• -• -• - -:••eot personnel. [u AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. 35. Iii ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. ORDER-OF-PRECEDENCE ). In the-e-vent of any conflict be-twee-pi-or among the terms of any of the Contract Documents and/or the Coun Executive Summary, the terms of the-Agreement shall take precedence over the terms of all otherGootra :e__ ••:• :e •- - ••sa � • __ ee -•••• _ ea.' 'ons-s_all-talo precedence over the Agreement. To the extent an _e• •- • •: : ••- e •: _e• _st DOC ••:• -, • •e e- -_ Gate• e •- ee :••� an —01 A e :=•••:• , •: _ • ac-t-shall be resolved---b-y---i-mpos+n-g--the---Haute--st ict---o-r--cos4lyy obligation under the Contract Documents upon the Contractor at County's discretion. 36. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 37. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four(4)years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time Page 12 of 17 General Service Agreement Non-Solicitation#2017-004(Ver.I) period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. 38. UI SAFETY. All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non- negotiable by any division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. (Intentionally left blank -signature page to follow) Page 13 of 17 General Service Agreement Non-Solicitation#2017-004(Ver.I) IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year first written above by an authorized person or agent. ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Crystal Kinzel, Clerk of Courts & Comptroller '' \14 f- 0 ' ' ' ' ' ' Af.."%___,. ..e.",404.. BY: .;jiL � By: '�- - ^ Burt L.Saunders , Chairman Dated: °,.. A lac ALIVallE lc (SEAL) ' .es as ;" al an s signature cr` . Contractor's Witnesses: Apollo Metro Solutions, Inc. Contractor 1 e By: L Contractor's First WitnessSignature WINIiiia1-er . Ce Al+1 ---e I- TType/print signature and titleT TType/print witness nameT ,, , , , 4Z_____ Contractor's Second Witness l TType/print witness name Ap• .ved as to -or and Legaiity: IP 1 / ..04...." rN, Cou- y Attorney 'rint Name Page 14 of 17 General Service Agreement Non-Solicitation#2017-004(Ver.l, .14 c,k(); Exhibit A Scope of Services IiI following this page (pages 1 through 2 ) I I this exhibit is not applicable Page 15 of 17 General Service Agreement Non-Solicitation#2017-004(Ver.1) Agreement#19-062-NS "Light Emitting Diode (LED) Luminaries EXHIBIT A-SCOPE OF SERVICES Detailed Scope of Work The requirements of the purchase will be the initial delivery of 125 LED Luminaries that will interface with the Collier County Fiber Optic Network System per the attached specifications. The number of future order quantities may change at the County's discretion in subsequent years of the active contract. These LED Luminaries will replace existing conventional 480-volt 400-watt High Pressure Sodium (HPS) Luminaries that are currently in service. The HPS Luminaries will be replaced with LED Luminaries during normal Collier County work days by Collier County personnel as time permits. The LEDs must be compatible with existing 480-volt roadway lighting electrical circuits and operate in conjunction with the existing 400-watt HPS Luminaries during normal night time operating conditions for the extended transition period between HPS and LED. The technical specifications for the Luminaries are: 1. LED Luminaire Specifications shall meet or exceed the following requirements: 1. Housing: Aluminum 2. Light Emitting Diodes: 5000 Kelvin at 130 lumens per watt and 70 CRI rating or better 3. Standard Voltage Range: 240 to 480 with system power factor >90% and THD < 20% 4. Surge Suppression per ANSI C62.41.2 10 kV/10 kA 5. Field adjustable and dimmable from 20 Watts thru160 Watts 6. The LED circuitry shall prevent perceptible flicker to the unaided eye over the voltage range specified above 7. The Luminaire shall be suitable for wet locations and comply with environmental protection class IP66 or better 8. Meet or exceed LM-79 Electrical and Photometric Measurements of Solid-State Lighting Products 9. Meet or exceed LM-80 lumen maintenance projected to be greater than 100,000 operating hours 10. The Luminaire shall clamp to mast diameters of 1 to 2 inches nominal iron pipe size 11. Adjustable mounting arm with a minimum of 5 degrees plus or minus for leveling adjustment NOTE: It is the intention of Collier County Traffic Operations to reduce the circuit voltage from 480 VAC to 240 VAC after all existing 400 watt HPS Luminaires have been replaced by the proposed LED Luminaires. This decrease in circuit operating voltage will provide a safer environment for county maintenance employees and others who may perform underground construction work. Voltage reduction work will be performed by FPL at the lighting circuit transformer at a later time. 2. Driver Specifications shall meet or exceed the following requirements: 1. AC input 180-528V 2. Built in PFC Function 3. >= 91% efficiency 4. Protections: Short circuit/Over current/Over voltage/Over Temp 5. Industrial grade components with the ability to operate at temperatures up to 85C 6. Driver shall be IP67 rated and meet 4kV surge immunity level (IEC61000-4-5) 7. Built in active PFC, PF>0.9 for 60% of load or higher 8. Control input 1-10V/PWM 9. Complies with UL8750 Page 1 of 2 10. EMC emissions comply with FCC partl5 B 11. Provide a 100% Warranty of MTBF of 100,000 operating hours according to MIL-HDBK-217F (25C°) The Vendor shall warranty the LED luminaires, internal and external parts, components, mechanisms, mounting hardware and related goods for the minimum expected luminaire lifetime. Warranty Policy and Limitations attached hereto, following this page. The County reserves the right to require more quantities as necessary in the initial and subsequent years of this Agreement. Currently, the County has approximately 1,200 High Pressure Sodium fixtures remaining on County roadways. The Vendor will be responsible to supply the County with all required LED luminaires and ancillary components, including but not limited to the Pricing Schedule, and LED Specifications, incorporated herein. The County reserves the right to require four (4) sample luminaire products per vendor, as necessary, to conduct a product quality test to determine #1: Wattage, and #2 photometrics, in the event the County cannot verify this information through submitted data sheets, or so determines that testing is in the best interest of the County. • Page 2 of 2 a ollo Warranty Policy and Limitations Apollo Metro Solutions, Inc. ("Apollo Metro") values your business and always attempts to provide you the very best of service. Warranty Policy Apollo Metro warrants that all products will be free from defects in material and workmanship. Apollo Metro warrants replacing any product that fails during normal and intended use. A warranty replaced product may be a repaired product at the sole discretion of Apollo Metro. All products are tested and determined to meet Apollo Metro's stringent quality standards before they are sold as certified. All certified products carry an Estimate Useful Life (L70) of 50,000 hours of operations, with 10 years warranty covering the light source, housing, heat sink, and other electrical components, optics, as well as other components of the luminaire. The LED driver(power supply) is covered by a 5 year warranty. Limitation of Remedies YOUR EXCLUSIVE REMEDY FOR ANY DEFECTIVE PRODUCT IS LIMITED TO THE REPAIR OR REPLACEMENT OF THE DEFECTIVE PRODUCT. Apollo Metro may elect which remedy or combination of remedies to provide in its sole discretion. Apollo Metro shall have a reasonable time after determining that a defective Product exists to repair or replace a defective Product. Apollo Metro's replacement Product under its limited warranty will give Apollo Metro the option to supply a new product or repair the original defect. Any repaired products will be manufactured from new, or serviceable used parts. Apollo Metro's warranty applies to repaired or replaced products for the balance of the applicable period of the original warranty. Additional Limitations on Warranty Apollo Metro Solutions, Inc.'s warranty does not cover products which have been received improperly packaged, altered, or physically damaged. Products will be inspected upon receipt. 2900 South Horseshoe Drive, Suite 400, Naples, Florida 34104 Phone: +1 239 444 6934 wwww.apollometro.com Exhibit B Fee Schedule ill following this page (pages through ) this exhibit is not applicable Page 16 of 17 General Service Agreement Non-Solicitation#2017-004(Ver.1) #19-062-NS "Light Emitting Diode (LED) Luminaries" EXHIBIT B- FEE SCHEDULE Line Item P/N Description Qty Unit Price 1 CC-SL5mini-V2.1a 1-125 Unit Pricing Apollo SL5 Mini Series 1 $ 604.00 Apollo SL LED Street Light w/Wireless Control Includes:LED Module,Control Board,Driver,Radio,Antenna,T2,T3 or T4 Lens, 3ft Pig Tail 2 CC-SLSmini-V2.1b Apollo SL LED Street Light no Wireless Control 1 $ 550.00 Includes:LED Module,Driver,T2,T3 or T4 Lens,3ft Pig Tail 3 CC-SL5mini-V2.2 126-999 Unit Pricing Apollo SL5 Mini Series 1 $ 561.00 Apollo SL LED Street Light w/Wireless Control Includes:LED Module,Control Board,Driver,Radio,Antenna,T2,T3 or T4 Lens, 3ft Pig Tail 4 CC-SL5mini-V2.3 Apollo SL LED Street Light no Wireless Control 1 $ 509.00 Includes:LED Module,Driver,T2,T3 or T4 Lens,3ft PigTail 5 CC-L1 LED Module Repair/Replace 1 $ 282.00 Includes:LED Module,Control Board,Commissioning:Lump Sum 6 CC-L2 Radio Repair/Replace 1 $ 101.00 Includes:new Radio, Commissioning:Lump Sum 7 CC-L3 LED Module+Radio Repair/Replace 1 $ 383.00 Includes:LED Module,Control Board,Radio, Commissioning:Lump Sum 8 CC-L4 LED Module+Radio+Driver Repair/Replace 1 $ 442.00 Includes:LED Module,Control Board,Radio,150 W driver, Commissioning: Lump Sum Apollo SL Management&Control Remote 900MHz Radio(one per 200 clients 1 9 CC-SLCOT-1 or per circuit) $ 664.00 10 CC-PS150 150 W HVG/ESP Driver 1 $ 82.00 11 CC-LS-V1 Apollo Light Shield/Hood(minimum order 10 pcs) 1 $ 51.00 12 CC-ANT-3 Omni Antenna 915 MHz 1 $ 10.20 13 CC-SL5-medium-V2 Apollo SL5 Medium Series 1 $ 870.00 Apollo SL Medium LED Street Light 50000 Lumen 320 Watt w/Wireless Control Includes:LED Module,Control Board,Driver,Radio,Antenna,T2,T3 or T4 Lens, 3ft PigTail 14 CC-L14 LED Module Repair/Replace 1 $ 355.00 Includes:LED Module,Control Board,Commissioning:Lump Sum 15 CC-L34 LED Module+Radio Repair/Replace 1 $ 456.00 Includes:LED Module,Control Board,Radio, Commissioning:Lump Sum 16 CC-L44 LED Module+Radio Repair/Replace 1 $ 585.00 Includes:LED Module,Control Board,Radio,320 W driver, Commissioning: Lump Sum 17 CC-PS320 Spare Parts&Misc/Lump Sum Pricing 1 $ 152.00 320 W HVG/ESP Driver 18 Mast Adapter Spare Parts&Misc/Lump Sum Pricing 1 $ 50.00 Tenon mast adapter 19 CC-SLSbell Apollo SL5 Bell-Retrofit 1 $ 450.00 Apollo SL5 Bell-Retrofit Kit Includes:LED Module,Control Board,Driver,Radio,Antenna,Lenses,3ft PigTail 20 CC-BL1 LED Module Repair/Replace 1 $ 282.00 Includes:LED Module,Control Board,Commissioning:Lump Sum 21 CC-BL2 Radio Repair/Replace 1 $ 101.00 Includes:new Radio, Commissioning:Lump Sum 22 CC-BL3 LED Module+Radio Repair/Replace 1 $ 383.00 Includes:LED Module,Control Board,Radio, Commissioning:Lump Sum 23 CC-BL4 LED Module+Radio+Driver Repair/Replace 1 $ 442.00 Includes:LED Module,Control Board,Radio,150 W driver, Commissioning: Lump Sum 24 CC-ESP150 150 W ESP Driver 1 $ 82.00 25 CC-ANT-3 Omni Antenna 915 MHz 1 $ 10.20 **Pricing shall remained fixed for the initial three year term of the agreement. Other Exhibit/Attachment Description: I 1 following this page (pages through ) UPJ this exhibit is not applicable Page 17 of 17 General Service Agreement Non-Solicitation#2017-004(Ver.1) I ® ,a►CoRI CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 9/19/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Brown&Brown Of Florida, Inc. PHONE FAX No):239-261-8265 1421 Pine Ridge Road, Suite 200 (C.No.Ext):239-262-5143 Naples FL 34109 ADDRESS: Certs@bbnaples.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Southern-Owners Insurance Company 10190 INSURED APOLL-3 INSURER B: Apollo Metro Solutions, Inc. 2975 S Horseshoe Drive, Suite 500 INSURERC: Naples FL 34105 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:64294072 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD 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, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IPOLICY EFF POLICY EXP NSR ADDTYPE OF INSURANCE INSD wvoSUBR POLICY NUMBER (MM/DD//YYYY) (MM/DD//YYYY) LIMITS LTR INSD WVD A X COMMERCIAL GENERAL LIABILITY Y Y 20131044 10/22/2019 10/22/2020 EACH OCCURRENCE $1,000,000 DAMAGE RETED CLAIMS-MADE X OCCUR PREM SESO(Ea occurrence) $300,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $ GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY PRO- JECT LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY 20131044 10/22/2019 10/22/2020 COMBINED SINGLE LIMIT $1,000,000 (Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS — X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITYY/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBEREXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Blanket Waiver of Subrogation when agreed by written contract-General Liability form 55091 (10/08) Certificate Holder is listed as Additional Insured Contract Number 15-6508 and For any and all work performed on behalf of Collier County CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Collier County Government 3327 Tamiami Trail North Naples FL 34112 AUTED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Agency Code 12-0684-00 Policy Number 132312-20131044 COMMERCIAL GENERAL LIABILITY 55205(12-04) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization (Additional Insured): COLLIER COUNTY GOVERNMENT/ (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Under SECTION II -WHO IS AN INSURED, the policy. These limits are inclusive of and not in following is added: addition to the limits of insurance shown in the Declarations. The person or organization shown in the above Schedule is an Additional Insured, but only with re- C. Under SECTION IV-COMMERCIAL GENERAL spect to liability arising out of"your work"for that LIABILITY CONDITIONS,4. Other Insurance, the insured by or for you. following is added: B. Under SECTION III- LIMITS OF INSURANCE, the This insurance is primary for the person or organi- following is added: zation shown in the Schedule, but only with respect to liability arising out of"your work"for that person The limits of liability for the Additional Insured are or organization by or for you. Other insurance those specified in the written contract or agreement available to the person or organization shown in the between the insured and the owner, lessee or con- Schedule will apply as excess insurance and not tractor, not to exceed the limits provided in this contribute as primary insurance to the insurance provided by this endorsement. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 55205 (12-04) Copyright, Insurance Services office, Inc., 1984, 2003. Page 1 of 1 Agency Code 12-0684-00 Policy Number 132312-20131044 b. This provision is subject to the following addi- form the organization or the end of the tional exclusions, applicable to this provision policy period, whichever is earlier; only: b. Coverage A does not apply to "bodily injury" (1) Any"occurrence" which takes place after or"property damage"that occurred before you cease to be a tenant in that premises. you acquired or formed the organization; and (2) Structural alterations, new constructions or demolition operations performed by or on c. Coverage B does not apply to "personal behalf of the additional insured. injury" or"advertising injury" arising out of an offense committed before you acquired c. The following is added to SECTION III - LIMITS or formed the organization. OF INSURANCE: No person or organization is an insured with The Limits of Insurance for the additional in- respect to the conduct of any current or past sured are those specified in the written contract partnership,joint venture or limited liability or agreement between the insured and the company that is not shown as a Named Insured manager or lessor of the premises, not to in the Declarations. exceed the limits provided in this policy. These limits are inclusive of and not in addition to the 11. BLANKET WAIVER OF SUBROGATION Limits of Insurance shown in the Declarations. The following is added to SECTION IV-COMMER- 10. NEWLY FORMED OR ACQUIRED ORGANIZA- CIAL GENERAL LIABILITY CONDITIONS, 8. TIONS Transfer Of Rights of Recovery Against Others To Us. Under SECTION II-WHO IS AN INSURED, Para- graph 4. is deleted and replaced by the following: When you have agreed to waive your right of subro- gation in a written contract, executed prior to loss, 4. Any organization you newly acquire or form, with any person or organization, we waive any right other than a partnership,joint venture or limited to recovery we may have against such person or liability company, and over which you maintain organization because of payments we make for ownership or majority interest, will qualify as a injury or damage arising out of your ongoing opera Named Insured if there is no other similar tions or"your work" done under a contract with that insurance available to that organization. person or organization and included in the However: "products-completed operations hazard". a. Coverage under this provision is afforded All other policy terms and conditions apply. only until the 180th day after you acquire or Includes copyrighted material of Insurance Services Office, Inc., with its permission. 55091 (10-08) Copyright Insurance Services Office, Inc., 1982, 1988, 2002, 2004 Page 7 of 7 dr, t • •�°aowrt.1• JIMMY PATRONIS CHIEF FINANICAL OFFICER STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF WORKERS' COMPENSATION ** CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA WORKERS' COMPENSATION LAW** NON-CONSTRUCTION INDUSTRY EXEMPTION This certifies that the individual listed below has elected to be exempt from Florida Workers' Compensation law. EFFECTIVE DATE: 9/20/2019 EXPIRATION DATE: 9/19/2021 PERSON: ULRICH ALTVATER EMAIL: UALTVATER@APOLLOMETRO.COM FEIN: 455482766 BUSINESS NAME AND ADDRESS: APOLLO METRO SOLUTIONS INC 2975 HORSESHOE DR S SUITE 500 NAPLES, FL 34104 SCOPE OF BUSINESS OR TRADE: Electric or Gas Lighting Fixtures Mfg. IMPORTANT:Pursuant to Chapter 440.05(14),F.S.,an officer of a corporation who elects exemption from this chapter by filing a certificate of election under this section may not recover benefits or compensation under this chapter.Pursuant to Chapter 440.05(12),F.S.,Certificates of election to be exempt...apply only within the scope of the business or trade listed on the notice of election to be exempt.Pursuant to Chapter 440.05(13),F.S.,Notices of election to be exempt and certificates of election to be exempt shall be subject to revocation if,at any time after the filing of the notice or the issuance of the certificate,the person named on the notice or certificate no longer meets the requirements of this section for issuance of a certificate.The department shall revoke a certificate at any time for failure of the person named on the certificate to meet the requirements of this section. DFS-F2-DWC-252 CERTIFICATE OF ELECTION TO BE EXEMPT REVISED 08-13 E01053050 QUESTIONS?(850)413-1609