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HomeMy WebLinkAboutR-2026-085 AMC Camera Surveillance - CCTV Network Cabling AgreementRESOLUTION NO. 2026-085 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING A CONTINUING SERVICES AGREEMENT WITH AMC SURVEILLANCE CAMERA & ELECTRONICS, INC. FOR CCTV PREVENTATIVE MAINTENANCE, REPAIR, AND INSTALLATION SERVICES; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE AGREEMENT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Request for Proposals ("RFP") No. 26-007, entitled "CCTV Preventative Maintenance, Repair, and Installation Services," the City Commission adopted Resolution No. R-2026-079, approving the selection of AMC Surveillance Camera & Electronics, Inc. and authorizing staff to negotiate an agreement; and WHEREAS, staff and the City Attorney's Office have successfully negotiated a Continuing Services Agreement with AMC Surveillance Camera & Electronics, Inc.; and WHEREAS, the Agreement, which is attached as Exhibit “A”, provides for CCTV Preventative Maintenance, Repair, and Installation Services for an initial term of three (3) years, with two (2) one-year renewal options at the City's discretion. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the foregoing “Whereas” clauses are ratified and confirmed to be true and correct, and they are made a part of and are incorporated into this Resolution by this reference. Section 2. That the City Commission approves the Continuing Services Agreement between the City of Dania Beach and AMC Surveillance Camera & Electronics, Inc. for CCTV Preventative Maintenance, Repair, and Installation Services and authorizes the proper City officials to execute the Agreement. Section 3. That the City Manager and City Attorney are authorized to make minor revisions to the agreement which are deemed necessary and proper and is in the best interest of the City and to execute extensions that do not materially alter costs or scope of the agreement modification. Section 4. That all resolutions or parts of resolutions in conflict with this Resolution shall be repealed to the extent of such conflict. Section 5. That this Resolution shall be effective 10 days after passage. SIGNATURES ON THE FOLLOWING PAGE 2 RESOLUTION #2026-085 PASSED AND ADOPTED on June 23, 2026. Motion by Commissioner Lewellen, second by Vice Mayor Salvino. FINAL VOTE ON ADOPTION: Unanimous X Yes No Commissioner Lori Lewellen ____ ____ Commissioner Luis Rimoli ____ ____ Commissioner Archibald J. Ryan IV ____ ____ Vice Mayor Marco Salvino ____ ____ Mayor Joyce L. Davis ____ ____ ATTEST: ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY CO NTIN UING SERVICES AGREE MENT FOR CCTV PREVE NTATIV E MAINT ENANCE , IN STALLATION , NETW O RK CAB LIN G, FIBER OP TI C, AN D RELAT ED SEC URITY SYSTEM SERV ICES THIS AGREEMENT is made and entered into this_ day of ____ , 2026 , by and betw een the CITY OF DA IA BEACH , FLORIDA , a Florida municipal corporation ("CITY"), and AMC SURVEILLANCE CAMERA & ELECTRO ICS , I C ., a Florida corporation authorize d to do bu siness in Florida ("CONTRACTOR"). ARTICLE 1 RECITALS 1.1 The foregoing recitals are true and correct and are incorporated herein by reference. 1.2 CITY issued Request for Proposal o . 26-007 , CCTV Prev entati v e Maintenance , Installation and Network Cabling Ser vices (Re-Solicitation). 1.3 CONTRACTOR submitted a proposal and was selected by CITY to pro v ide the ser vices described herein . 1.4 Th e part ies des ire to enter into th i s Agreement setting forth the terms an d conditions governing such services. ARTICLE 2 CO NTRACT DOC UMENTS 2.1 The following documents are incorporated into and made part of this Agreement: A . This Agreement; B . Exhibit A -Procurement Documents ; C. Exhibit B -Any amendments executed by the parties. 2.2 Order of Precedence. In the event of any conflict betw een this Agreement and any procurement document incorporated by reference , includi n g the RFP , Addenda , Proposal , Cost Proposal Form , product literature , marketing materials , correspondence , certifications , or clarificat ions , this Agreement sh all govern. The procurement documents are incorporated solel y to supplement the scope of serv ices , pricing , qu ali fications , experience representations , staffing commitments , maintenance commitments , response commitments , warranties , and other obligations undertaken by CO N TRACTO R and shall not dim ini sh , modify , waive , lim it, or supersede an y right , remedy, protection , warranty , ob ligation, requirement , or risk allocation contained in this Agreement. 1 ARTICLE 3 TERM 3.1 Initia l Term. The term of this Agreement shall commence upon execution and continue for three (3) years. 3 .2 Renewal Options. CITY may renew this Agreement for two (2) additional one-y ear terms upon written notice. 3.3 No Expectat ion of Renewal. Renewal is so lely w ithin CITY's discretion. ARTICLE 4 SCOPE OF SERVICES 4 .1 CONTRACTOR shall provide all labor , super v ision , materials , tools , transportation , equipment , software , firmware, pe1mits , licenses , and incidentals necessary to provide : (a) CCTV preventative maintenance; (b) CCTV repair and replacement ; ( c) Surveillance camera installation ; ( d) Fiber optic installation and repair ; ( e) Network cabling installation and repair; (f) MDF and IDF maintenance; (g) Recording equipment maintenance ; (h) Emergency response serv ices ; (i) Technology infrastructure support related to survei ll ance sy stems ; (i) Oth er related services requested by CITY. 4 .2 CONTRACTOR shall perform all services in accordance with: (a) Industry best practices ; (b) Manufacturer requirements ; 2 ( c) Applicable laws and codes; ( d) CITY standards and policies; (e) The RFP. 4.3 CONTRACTOR acknowledges that it is familiar with CITY facilities and systems and has relied upon its own investigation and expertise in submitting its proposal. CONTRACTOR waives any claim for additional compensation arising from existing conditions, accessibility issues, system architecture, wiring configurations , equipment locations , infrastructure conditions , or any matter that could reasonably have been discovered prior to submission of its proposal. ARTICLE 5 NO GUARANTEE OF WORK 5.1 This Agreement is a continuing services agreement only. 5.2 CITY makes no guarantee regarding: (a) Number of service calls; (b) Number of projects ; (c) Volume of work; ( d) Amount of compensation; (e) Minimum annual expenditures. 5.3 CITY may perform any po1iion of the work with: (a) City personnel; (b) Other contractors; ( c) Manufacturers; (d) Warranty providers ; ( e) Emergency contractors. 3 ARTICLE 6 WORK AUTHORIZATION 6.1 No work shall be performed without authorization from the Information Technology Director or designee . 6.2 Unauthorized work shall be perfmmed at CONTRACTOR's sole expense. 6.3 No oral instruction shall modify compensation or authorize additional work. ARTICLE 7 SERVICE LEVEL REQUIREMENTS 7 .1 Response Times. Minor Outage: Response within eight (8) business hours. Major Outage: Response within five (5) hours. Critical Outage: Response within three (3) hours. 7.2 Emergency Availability. CO TRACTOR shall maintain twenty -four (24) hour emergency response capability. 7.3 Material Breach. Fai lure to meet response obligations more than two (2) times within any rolling ninety -day period shall constitute a material breach. 7.4 Self-Help. If CO TRACTOR fails to respond, CITY may retain another contractor and recover all resulting costs from CONTRACTOR. 8.1 Hourly Labor Rate . ARTICLE 8 COMPENSATION Authorized labor shall be compensated at Eighty Dollars ($80.00) per hour. 4 8.2 Preventative Maintenance. Preventative maintenance shall be compensated at Eighteen Dollars and Seventy-Five Cents ($18. 7 5) per camera per quarter. 8.3 Parts Markup. Authorized parts and equipment may be marked up a maximum of fifteen percent (15%). 8.4 Rental Equipment Markup. Author ized rental equipment may be marked up a maximum of fifteen percent (15%). 8.5 Subcontractor Markup. Authorized subcontractor costs may be marked up a maximum of fifteen percent (15%). 8.6 Documentation. Invoices seeking reimbursement shall include: (a) Supplier invo ices ; (b) Rental invoices; ( c) Subcontractor invoices ; (d) Receipts; ( e) Proof of payment if requested. 8.7 o Markup A llo wed On: (a) Sales tax; (b) Shipping; ( c) Handling charges; ( d) Fuel charges; (e) Administrative costs; (f) Internal overhead; (g) WaITanty replacements. 5 8.8 No Minimum Charges. CITY shall not be responsible for: (a) Trip charges; (b) Dispatch fees; ( c) Fuel surcharges ; (d) Mobilization fees; ( e) Administrative fees ; (f) Minimum service call charges. ARTICLE 9 INVOICING AND PAYMENT 9.1 CONTRACTOR shall submit monthl y invoices. 9.2 Payment shall be made pursuant to the Florida Prompt Payment Act. 9.3 CITY may withhold payment for: (a) Defective work; (b) Incomplete work; ( c) Disputed charges; ( d) Lack of supporting documentation ; ( e) Failure to comply with this Agreement. ARTICLE 10 PERSONNEL I 0.1 CONTRACTOR shall provide competent , trained personnel. I 0.2 All personnel shall comply with CITY security requirements. I 0.3 CITY may require removal of any employee, subcontractor, or agent from CITY property. I 0.4 CONTRACTOR shall immediatel y replace personnel removed by CITY. 6 10.5 No person remo v ed by CITY may return without wr itten authorization. ARTICLE 11 BACKGROUND SCREENING 11.1 CITY may require criminal background screening of personnel assigned to CITY facilities. 11.2 CONTRACTOR shall bear all costs associated with such screening. 11 .3 CITY may deny access to any individual in its sole discretion. ARTICLE 12 ACCESS TO CITY FACILITIES 12.1 CO TRACTOR shall access only those facilities and sy stems necessary to perform authorized work. 12.2 CONTRACTOR shall comply with all security procedures. 12.3 Keys , badges , access cards , credentials , and pass words remain CITY property. 12.4 Upon request , CONTRACTOR shall immediately return all access devices and credentials. ARTICLE 13 OWNERSHIP OF SYSTE MS, DAT A, AND INFORMATION 13 .1 All video footage , recordings , photographs , images , metadata , logs , reports , passwords , sy stem configurations , network diagrams , soft ware configurations , firmware settings , access credentials , documentation , maintenance records , inv entory records , and information relating to CITY systems shall remain the sole and exclusi ve property of CITY. 13.2 CONTRACTOR acquires no ownership interest in an y CITY info1mation , sy stems , data , recordings , configurations , credentials , or work product. 13 .3 All programming , camera configurations , recording schedules , retention settings , anal ytics settings , firmware configurations , switch configurations , network settings , naming conventions , documentation , and work product created , modified , or maintained under this Agreement shall be deemed work made for hire and shall be the exclusi ve property of CITY. 13.4 Upon request or termination of this Agreement , CONTRACTOR shall immediately deliver all such information to CITY in an editable electronic format acceptable to CITY. 13 .5 CONTRACTOR shall assert no proprietary, intellectual property, trade secret , licensing , confidentiality , or ownership rights that would restrict CITY'S use , transfer , disclosure , maintenance, modification , repair , replacement , or operation of any CITY sy stem. 7 ARTICLE 14 SYSTEM DOCUMENTATIO N, INVENTORY MANAGEMENT, KNOWLEDGE TRA NSFE R, AND CREDENTIAL CONTROL 14.1 CONTRACTOR shall develop, maintain , and continuousl y update an inventory of surveillance, network cabling , fiber optic , recording , wireless, and related security infrastructure installed, serviced , modified , repaired , or maintained by CONTRACTOR under this Agreement. Information maintained exclusivel y by the City's Information Technology Division shall not be the responsibility of CONTRACTOR to de ve lop or maintain but may be pro v ided by CITY as necessary to support services performed under this Agreement. 14.2 To the extent applicable to equipment installed , serviced, modified , repaired , or maintained by CONTRACTOR under this Agreement, the inve ntory shall include , at a minimum: (a) Camera locations ; (b) Camera make and model ; (c) Serial numbers ; ( d) IP addresses; (e) MAC addresses; (f) Switch locations ; (g) Switch port assignments; (h) Fiber optic routes and te1mination locations; (i) Wireless bridge locations and configurations ; U) Recording serv er information; (k) Network v ideo recorder information ; (1) UPS equipment information ; (m) Firmware versions; (n) Software versions; (o) Warranty information; (p) Installation dates ; 8 ( q) Rep lacement dates; (r) Maintenance history; (s) Manufacturer support infmmation. 14.3 CO TRACTOR shall maintain current documentation for sy stems , equipment , and infrastructure installed , serv iced , modified , repaired , or maintained by CO TRACTOR under this Agreement , including as applicable: (a) Network diagrams ; (b) Fiber optic diagrams ; ( c) Camera placement maps ; (d) Equipment rack lay outs ; (e) MDF lay outs ; (f) IDF layouts; (g) Configuration files ; (h) Asset in v entories ; (i ) Maintenance logs; (j) Repair histories . 14.4 Credential Contro l. All pass w ords , encry ption ke y s , softw are licenses , administrati v e accounts , authentication credentials , access tokens , and related securi ty credentials shall : (a) Remain the exclusi v e property of CITY ; (b) Be stored in a CITY -appro ved repository ; ( c) Be provided to CITY immediatel y upon request ; (d) Be updated whene ver changed . 14 .5 Under no circumstances shall CO NTRACTOR maintain exclusi v e control ov er any pass word , credential , encryption ke y, access code , soft ware license , administrati v e account , or other information necessary to access , manage, maintain , repair , replace , or operate any CITY sy stem. 9 14.6 Quarterly Reporting. Within fifteen (15) days following the end of each calendar quarter , CONTRACTOR shall provide CITY with updated electronic inventories and documentation. 14.7 Transition Assistance . Upon expiration or termination , CONTRACTOR shall provide complete transition assistance and deliver all documentation required by this Article . 14.8 Failure to comply with this Article shall constitute a material breach of this Agreement. 14.9 CITY may withhold final payment until all inventories , credentials, diagrams, records , documentation , and transition materials required under this Article have been delivered and accepted. ARTICLE 15 RESTRICTIONS ON ACCESS TO AND USE OF SURVEILLANCE DATA, SECURITY INFORMATION, AND CITY SYSTEMS 15 .1 CONTRACTOR acknowledges that it may obtain access to surveillance footage , recordings , photographs , images, metadata , network information , security information, system configurations , and other sensitive information. 15.2 CONTRACTOR shall not: (a) Copy; (b) Download; (c) Retain; (d) Archive; (e) Store ; (f) Publish; (g) Transmit; (h) Distribute; (i) Disclose ; U) Sell; 10 (k) Transfer; (1) Use; any surveillance footage , recordings , images , metadata, credentials , passwords , or security information except as strictly necessary to perform authorized services. 15.3 CONTRACTOR shall not use any CITY information , surv eillance footage , recordings , metadata, network traffic , logs , images , or data for: (a) A1iificial intelligence training ; (b) Machine learning; ( c) Analytics development; ( d) Product de v elopment ; ( e) Marketing ; (f) Research; (g) Commercial purposes; (h) Any purpose unrelated to authorized serv ices . 15 .4 CONTRACTOR shall immediatel y report any unauthorized access , disclosure , or use. 15 .5 Violation of this Article shall constitut e a materi a l breach entitling CITY to immediate termination and all available remedies. ARTICLE 16 CYBERSEC URIT Y AND IN CID EN T RESPO N SE 16.1 CONTRACTOR shall implement commerciall y reasonable administrati v e , technical , and phy sical safeguards to protect CITY sy stems and information . 16 .2 CO NTRACTOR shall not install softw are, firm ware , hard w are , remote access tools , monitoring applications , or network de vices w ithout prior written authorization from CITY. 16.3 CONTRACTOR shall not create , maintain , or utilize unauthorized backdoor access to C ITY sy stems. 16.4 CO TRACTOR shall not retain CITY pass words or credentia ls after completion of w ork. 16 .5 CONTRAC T OR sha ll noti fy CITY w ithin fo ur (4) hours after disco v ery of : 11 (a) Unaut horized access ; (b) Data breach; ( c) Security incident; (d) Malware infection; ( e) Ransom ware event; (f) Credential compromise ; (g) Unauthorized disclosure of information . 16.6 CONTRACTOR shall immediatel y cooperate with all investigations and remediation efforts. 16.7 CONTRACTOR shall bear a ll costs associated with remediation of cybersecurity incidents caused by its negligent acts , omissions, personne l, subcontractors , software , equipment, or failure to compl y with this Agreement. 16 .8 Upon discovery of any cybersecurity incident, CONTRACTOR shall preserve all logs , records , communications , electronic data , forensic evidence , and related materials and shall not alter , delete, overwrite, or destroy such information without CITY'S written authorization. 16.9 CONTRACTOR shall cooperate fully with CITY , law enforcement, regulatory agencies , forensic investigators, cybersecurity consultants, and legal co unsel in connection with an y cybersecurity incident or investigation . 16.10 Failure to comply with this Article shall constitute a material breach of this Agreement. ARTICLE 17 INSURANCE 17.1 CONTRACTOR shall maintain throughout the term : (a) Commercial General Liability: $1 ,000 ,000 per occun-ence $2,000,000 aggregate (b) Automobile Liability: $1 ,000 ,000 combined single limit (c) Workers' Compensation: Statutory Limits 12 (d) Employer's Liability: $1,000,000 (e) Technology Errors and Omissions: $1,000,000 (f) Cyber Liability and Network Security : $1,000,000 17.2 Cy ber Liability coverage shall include: (a) Privacy liability; (b) Data breach response ; ( c) Network security liability; (d) Cy ber extortion; ( e) Digital asset restoration; (f) Regulatory defense costs. 17.3 CITY shall be named as an additional insured . 17.4 Failure to maintain insurance shall constitute a material breach. ARTICLE 18 WARRANTY 18.1 CONTRACTOR warrants all work shall be performed in a professional and workmanlike manner. 18.2 CONTRACTOR shall provide a minimum one (1) y ear w arranty on all installation, repair , replacement , programming , and configuration ser v ices. 18.3 WmTanty work resulting from defecti v e workmanship , installation , repair , replacement , programming , or configuration serv ices performed by CONTRACTOR shall be performed at no cost to CITY. Labor associated with manufacturer warranty claims , including diagnosis , removal , shipment , reinstallation , testing , and commissioning ofreplacement equipment, may be billed in accordance with this Agreement; pro v ided , however, that no such charges shall appl y where the warranty claim results , in whole or in part , from CONTRACTOR's defective workmanship, installation , repair , replacement , programming , or configuration services. 18.4 Manufacturer warranties shall be assigned to CITY whenever permitted. 13 ARTICLE 19 INDEMNIFICATION 19.1 To the fullest extent permitted by law , CONTRACTOR shall indemnify , and hold harmless CITY , its elected officials, officers, employees , agents , and volunteers from and against all claims, damages, losses , liabilities , penalties , fines, costs , expenses , and attorneys' fees arising out of or relating to: (a) CONTRACTOR'S performance ; (b) Negligence; ( c) Errors or omissions; (d) Bodily injury; (e) Death; (f) Property damage; (g) Data loss ; (h) Cybersecurity incidents ; (i) Unauthorized access to CITY systems ; (i) Intellectual property infringement; (k) Acts or omissions of subcontractors. 19 .2 These obligations shall survive termination of this Agreement. ARTICLE 20 PUBLIC RECORDS 20.1 CONTRACTOR shall comply with Section 119.0701 , Florida Statutes , and all other applicable public records laws. 20.2 CONTRACTOR shall: (a) Keep and maintain public records required by CITY to perfom1 the services ; 14 (b) Upon request from CITY'S custodian of public records , provide CITY with a copy of requested records or allow the records to be inspected or copied within a reasonable time and at a cost that does not exceed that permitted by law; ( c) Ensure that public records exempt or confidential from public disclosure requirements are not disclosed except as authorized by law; ( d) Meet all requirements for retaining public records and transfer , at no cost , all public records to CITY upon termination of this Agreement; ( e) Destroy duplicate public records that are exempt or confidential only in accordance with applicable law. 20.3 IF CONTRACTOR HAS QUESTIONS REGARD I G THE APPLICATION OF CHAPTER 119 , FLORIDA STATUTES , TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT , CO TACT THE CITY CLERK OF THE CITY OF DANIA BEACH. 20.4 Failure to comply with this A1iicle shall constitute a material breach of this Agreement. ARTICLE21 AUDIT RIGHTS 21.1 CO TRACTOR shall maintain complete and accurate books , records , accounts , correspondence , electronic data , invoices , receipts , payroll records , timesheets , maintenance logs , service records , and other documentation relating to this Agreement. 21.2 CITY shall have the right, upon reasonable notice , to inspect , audit, cop y, and review all records relating to this Agreement. 21.3 CONTRACTOR shall maintain all records for not less than five (5) years after final payment or termination , whichever occurs later. 21.4 CITY may utilize its own personnel , outside auditors , consultants , or legal counsel to conduct audits. 21 .5 Any overpayment identified by audit shall be reimbursed to CITY within thirty (30) days. 21.6 CITY'S audit rights shall survive expiration or termination of this Agreement and may be exercised with respect to any claim, dispute , invoice, security incident , or matter arising during the term of this Agreement. ARTICLE 22 CONFIDENTIALITY AND SECURITY 15 22.1 CONTRACTOR acknowledges that it may recei v e access to sensiti ve information regarding CITY facilities , infrastructure , surv eillance sy stems , net work architecture , security measures , credent ials , and operations . 22.2 CONTRACTOR shall maintain the confidentiali ty of such information and shall not disclose such information except as authorized by CITY or required by law. 22.3 CONTRACTOR shall implement appropriate administrati ve , technical , and phy sical safeguards to protect such information. 22.4 CONTRACTOR shall immediatel y noti fy CITY of any unauthorized access , disclosure , loss , compromise , or suspected compromise of such information. 22.5 The obligations of this A1iicle shall surv iv e termination of this Agreement. A RTICLE 23 DEFAULT 23 .1 Each of the following shall constitute an event of default: (a) Failure to perform serv ices in accordance w ith this Agreement ; (b) Failure to maintain required insurance ; (c) Failure to compl y w ith service le v el requirements; (d) Unauthorized access to CITY sy stems ; ( e) Unauthorized disclosure of surv eillance footage or security information ; (f) Failure to compl y with pub lic records requirements; (g ) Failure to maintain required documentation and inv entories ; (h) Submission of false invoices or records; (i) Insol vency or bankruptcy; U) Criminal conduct affecting performance. 23.2 CITY may provide written notice and an opportunity to cure where appropriate . 23 .3 No cure period shall be required for fraud , criminal misconduct , unauthorized disclosure of surveillance data , cybersecurity breaches caused by CONTRACTOR negligence , or failure to maintain insurance. 1 6 24.1 Upon default , CITY may : (a) Terminate this Agreement; (b) Withhold payment; ( c) Obtain substitute services; ARTICLE 24 CITY REMEDIES (d) Back-charge CONTRACTOR; ( e) Reco ve r damages ; (f) Seek injunctive relief; (g) Pursue any other remedy available at law or equity . 24.2 CITY'S remedies shall be cumulative and not exclusive . ARTICLE25 TERMINATION FOR CONVENIENCE 25 .1 CITY may terminate this Agreement, with or without cause, upon fifteen (15) days written notice. 25.2 CONTRACTOR shall be compensated only for authorized services satisfactorily performed through the effective date of termination. 25 .3 CONTRACTOR shall not be entitled to lost profits , anticipated revenues , termination fees , consequential damages, or other future compensation. 25.4 As a condition precedent to final payment , CONTRACTOR shall fully compl y with Articles 13 and 14 and deliver all required documentation , inventories, credentials, records , configurations, diagrams, and transition materials. ARTICLE26 TERMINATION FOR CAUSE 26 .1 CITY may immediate ly terminate this Agreement upon the occun-ence of a material breach. 26.2 Upo n te1mination, CONTRACTOR shall immediately: (a) Cease work; 17 (b) Return CITY property ; ( c) Return all credentials and access de vices ; ( d) Deliver all records , inventories , and documentation; ( e) Cooperate with transition efforts. 26.3 CITY may retain another contractor to complete or continue the services and may recover all resulting costs from CONTRACTOR. ARTICLE 27 FORCE MAJEURE 27 .1 either party shall be liable for delay s caused solel y by events be yond its reasonable control , including acts of God , war , terrorism , ci v il unrest , or go vernmental actions. 27.2 Lack of personnel , equipment , subcontractors , supplies , financing , or scheduling conflicts shall not constitute force majeure. ARTICLE 28 INDEPENDE NT CONTRACTOR 28.1 CONTRACTOR is and shall remain an independent contractor. 28.2 Nothing contained herein shall be construed as creating an employment relationship , partnership, joint venture , or agency relationship. A RTICLE 29 ASSIGNME NT 29.1 CONTRACTOR shall not assign , transfer , subcontract , delegate , or otherwise convey any interest in this Agreement w ithout CITY'S prior written consent. 29.2 An y attempted assignment without such consent shall be void . 29.3 CONTRACTOR shall not subcontract any materi a l portion o f the s erv ic es w ithout the prior written appro val of CITY. Approval of a subcontractor shall not relie ve CONTRACTOR of any obligation under this Agreement. CONTRACTOR shall remain full y responsible for all acts and omissions of its subcontractors. 18 ARTICLE 30 COMPLIANCE WITH LAWS 30.1 CONTRACTOR shall comply with all applicable federal, state, county, and local laws , ordinances, regulations, codes , standards , licensing requirements , and governmental directives. ARTICLE 31 E-VERIFY 31.1 CONTRACTOR shall comply with Section 448 .095 , Florida Statutes . 31.2 CONTRACTOR shall require all subcontractors to comply with Section 448.095, Florida Statutes. 31.3 Failure to comply with this Article shall constitute a material breach. ARTICLE 32 SCRUTINIZED COMPANIES 32.1 CONTRACTOR certifies that it is not participating in a boycott of Israel and is not listed on any scrutinized companies list maintained pursuant to Florida law. 32.2 CO TRACTOR shall immediately notify CITY if this certification becomes inaccurate. ARTICLE33 SOVEREIGN IMMUNITY 33.1 Nothing contained in this Agreement shall be construed as a waiver of sovereign immunity or the limitations of liability set forth in Section 768.28 , Florida Statutes. 33.2 No provision of this Agreement shall be interpreted as increasing CITY'S liability beyond that permitted by Florida law. ARTICLE34 GOVERNING LAW AND VENUE 34.1 This Agreement shall be governed exclusively by the laws of the State of Florida. 34 .2 Venue for any action arising out of or relating to this Agreement shall lie exclusively in Broward County , Florida. 34.3 The parties waive any objection to such venue. ARTICLE35 NO THIRD-PARTY BENEFICIARIES 19 35.1 This Agreement is solel y for the benefit of CITY and CONTRACTOR . 35.2 No third party shall have any rights or remedies under this Agreement. ARTICLE36 ENTIRE AGREEMENT 36.1 This Agreement, together with all exhibits and incorporated documents , constitutes the entire agreement between the parties. 36 .2 A ll prior negotiations , representations , discussions , and understandings are merged herein. 2 0 ARTICLE37 A ME NDMENTS 37.1 This Agreement may be amended onl y by a written instrument executed by both parties. ARTICLE 38 SEVERABILIT Y 3 8.1 If any provision of this Agreement is determined to be in v alid or unenforceable , the remaining pro v isions shall remain in full force and effect. ART ICLE 39 S URVIVA L 3 9. I The follo w ing provisions shall surv iv e expiration or termination of this Agreement: (a) Ownership of Sy stems , Data, and Information ; (b) Documentation and Creden tial Control Requirements ; ( c) Restrictions on U se of Surv eillanc e Data ; (d) Cy bersecurity Obligations ; ( e) Indemnification ; (f) Public Records ; (g) Audit Rights ; (h) Confidentiality Obligations ; (i) Warranty Obligations; Ci) Pay ment Obligations ; (k) Sovereign Immunity ; (1 ) Any provision that by its nat ure should surv ive termination. 21 ARTICLE 40 COUNTERPARTS; ELECTRONIC SIGNATURES 40.1 This Agreement may be executed in counterparts, each of which shall be deemed an original. 40.2 Electronic signatures shall be deemed original signatures for all purposes . ARTICLE 41 NON-WAIVER CITY'S failure to enforce any provision of this Agreement shall not constitute a waiver of such provision or any other provision. No waiver shall be effective unless in writing and executed by CITY. REMAINDER OF PAGE LEFT BLANK INTENTIONALLY SIGNATURES ON THE FOLLOWING PAGES 22 I WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the dates set forth below. ATTEST: ELORA RIERA , MMC CITY CLERK CITY OF DANIA BEACH, FLORIDA, a Florida municipal corporation CANDIDO SOSA-CRUZ , ICMA-CM CITY MANAGER APPROVED AS TO FORM AND CORRECTNESS EVE A. BOUTSIS CITY ATTORNEY 23 WITNESSES: STAT E OF FLORIDA] CO UNTY OF BROWARD] CO NTRACTOR: AM C Surveillance Camera & E lectronics , Inc., a Florida corporation , Signat-M'e PRI NT ame Title ,.fl Dated : .Tr HJ e f , 2026 The foregoing instrument w as ac kno w ledged before me by means of ~ phy sical presence or □ online notarization , on Jt ./41 £ 9 , 2026 by C,z. 1DG-N rod \ f{1. +o,; /c , as /1<£----_S I Of;,1;-T-----of AM C Surveillance Camera & Electronics , Inc , a Florida corporation .. He/she is ( personall y kno wn ~ me or has produced ______ as identific ation . My Commission Expires : Notary Public State of Florida • Linda Lato s __.....__ My Comm iss ion HH 292884 IIII Exp ires 11 119 /2026 24 otary Public , State of F lorida ~/f/OA LA-1c? S: Print N ame EXHIBIT A PROCUREME T DOCUMENTS The follow ing documents are incorporated into and made part of this Agreement: 1. Request for Proposal No. 26 -007 , CCTV Preventative Maintenance , Installation and Network Cabling Services (Re -Solicitation), including all addenda issued by CITY ; 2. AMC Surveillance Camera & Electronics, Inc .'s Proposal submitted in response to Request for Proposa l No. 26 -007; 3. AMC Surveillance Camera & Electronics, Inc.'s Cost Proposal Form and Pricing Submission; 4 . Any written clarifications , responses, representations , certifications , acknowledgments , or supplemental information submitted by CONTRACTOR during the procurement process and relied upon by CITY in making the award. The foregoing documents are incorporated for the purpose of establishing the scope of serv ices , technical requirements , qualifications , experience representations , staffing commitments , ma intenance comm itments, response commitments , warranties, certifications , and other obligations undertaken by CO TRACTOR. To the extent any provision contained in the Request for Proposal, Addenda, CONTRACTOR'S Proposal , Pricing Submission , Product Literature , Marketing Materials, Correspondence , Clarifications , Certifications, or other procurement documents conflicts with this Agreement, the provisions of this Agreement shall control. The procurement documents are incorporated solel y to supplement the servi ces , representations , commitments , qua lifications, and obligations undertaken by CONTRACTOR and shall not be construed to diminish, waive, modify , limit , or supersede any right , remed y, protection , warranty, obligation, requirement, or risk allocation contained in this Agreement. Without limiting the foregoing , no pro v ision contained in any procurement document shall: (a) Limit CONTRACTOR'S liability; (b) Limit CONTRACTOR'S indemnification obligations; ( c) Restrict CITY'S audit rights ; ( d) Restrict CITY'S public records rights ; ( e) Modify the governing law or venue provisions of this Agreement; (f) Create any minimum compensation obligation; (g) Create any limitation of damages in fa v or of CONTRACTOR; 25 (h) Restrict CITY'S termination rights ; (i) Restrict CITY'S ownership of data , recordings , documentation , credentials , configurations , inventories , or work product; or U) Conflict with any provision of this A greement. In the event of any ambiguity concerning the interpretation of the procurement documents , such ambiguity shall be resolved in a manner that is most favorable to CITY and that pro vides the greatest protection to CITY. 26