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Reso 2025-3820
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Reso 2025-3820
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Last modified
5/12/2025 4:57:33 PM
Creation date
5/7/2025 10:48:25 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2025-3820
Date (mm/dd/yyyy)
04/17/2025
Description
Agreement with Otis Elevator Company for Service and Maintenance of (6) Hydraulic Elevators located at Gov't Cntr, Pelican Prk, Heritage Prkng Garage
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Signature <br />Service <br />You will provide Otis with written notice within twenty-four (24) hours after occurrence of any accident or <br />incident in or about the elevator (s) and/or escalators) that leads to any injury or is alleged to cause any <br />injury. You will provide such written notice to us, and if required by law, to any local authorities. You further <br />agree to preserve any parts that are replaced after such an incident. <br />ENTRAPMENT <br />In the event of an entrapment, you will call Otis and wait for a trained and licensed elevator mechanic to <br />arrive, except for a medical emergency situation where it may be appropriate to summon a professional <br />first responder such as police or firemen. You agree that your agents, contractors, employees or <br />representatives shall not attempt to extricate any passengers from an elevator that becomes stalled within <br />the hoistway. Any entrapment responded to by Otis shall be treated as a chargeable service request unless <br />otherwise deemed covered under this Contract by Otis. <br />ALTERATIONS <br />You will not allow others to make alterations, additions, adjustments, or repairs to the units. <br />TELEPHONE <br />Otis shall not be liable for any claim, injury, delay, death or loss or property, or damage resulting from <br />telephone equipment failure, false alarms, interruption of telephone service, or "no voice calls", i.e. calls from <br />inside the equipment to OTISLINETM where there is no verbal response to the OTISLINETM operator. It is your <br />responsibility to maintain the telephone equipment and have a representative available to receive and <br />respond to OTISLINETM calls. <br />PRIVACY <br />The products and/or services being provided may result in the collection of Personal Information. The Parties <br />Will comply with applicable Data Privacy Laws as they pertain to personal information processed in <br />connection with activity under this Contract. "Personal Information" shall mean information and data <br />exchanged under this Contract related to an identifiable natural person. "Processing" of Personal <br />Information shall mean the operation or set of operations whether automated or not, performed on Personal <br />Information such as collecting, recording, organizing, structuring, storing, adapting, altering, retrieving, <br />consulting, using, disclosing, sharing or erasing. "Controller" shall mean the party that determines the <br />purposes and means of processing Personal Information. With respect to any Personal Information provided <br />by you to Otis, you shall be the Controller and you warrant that you have the legal right to share such <br />Personal Information with Otis and you shall be responsible for all obligations relating to that data, including <br />without limitation providing notice or obtaining consent as may be required by law. Once you have lawfully <br />provided Personal Information to Otis, you and Otis shall become co -Controllers. Otis may share such <br />Personal Information internally, across borders and with service providers in accordance with applicable <br />Data Privacy Laws. Otis may transfer information subject to corporate rules of its parent company. Otis may <br />store Personal Information provided by you on servers located and accessible globally by Otis or its parent <br />and their services providers. The parties agree to cooperate and to take reasonable commercial and legal <br />steps to protect Personal Information against undue disclosure. In this regard each party shall notify the <br />other in the event of a data breach, which shall include the actual or unauthorized access to or possession <br />of, or the loss or destruction of, Personal Information, whether intentional or accidental. The party whose <br />system was compromised in the data breach incident shall be responsible for any notifications and <br />associated costs. Should either party receive in any form, (i) a complaint or allegation indicating a violation <br />of applicable data privacy law, (ii) a request seeking access to correct or delete Personal Information or (iii) <br />an inquiry or complaint related to the processing of personal information, said party shall take reasonable <br />commercial steps to immediately notify the other party. <br />PURCHASE ORDERS <br />Any purchase order issued by you in connection with services to be provided by Otis shall be deemed to <br />be issued for your administrative or billing identification purposes only, and shall not be binding upon Otis <br />291 <br />
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