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ADDENDUM "A" TO SIGNATURE CONTRACT <br />WITH OTIS ELEVATOR COMPANY <br />PROPOSAL NO. OTE -002140678 <br />CONTRACT NO. 2025-2451 <br />THIS ADDENDUM "A" between the CITY OF SUNNY ISLES BEACH (hereinafter <br />"CITY") and OTIS ELEVATOR COMPANY, a foreign corporation authorized to do business <br />in the State of Florida, and whose Federal Employer Identification (FEI) Number is 13-5583389 <br />(hereinafter "OTIS"), executed this day of�=� ' `, 2025, is made a part of the Signature <br />Contract between the City and Otis, dated April , 2025 (hereinafter "Contract"). CITY and <br />OTIS hereby agree as follows: <br />1. CONTRACT PRICE. The following language is added to the section of the Contract <br />entitled "Contract Price:" <br />During the term of this Contract, OTIS agrees to provide the services provided for in the <br />Contract for Seventy -Seven Thousand Nine Hundred Forty Dollars and No Cents <br />($77,940.00), plus Fifty -Two Thousand Sixty Dollars and No Cents ($52,060.00) for <br />contingency, if necessary, resulting in a total not -to -exceed amount of One Hundred Thirty <br />Thousand Dollars and No Cents ($130,000.00). <br />Availability of Funds. CITY's performance and obligation to pay under this Contract is <br />contingent upon an annual appropriation for its purpose by the City Commission. In the <br />event the City Commission fails to appropriate funds for the particular purpose of this <br />Contract during any year of the term hereof, then this Contract shall be terminated upon <br />ninety (90) days written notice and OTIS shall be compensated for the services <br />satisfactorily performed prior to the effective date of termination. <br />2. INDEMNITY. The section of the Contract entitled "Indemnity" is amended as follows: <br />OTIS shall defend, indemnify, and hold CITY harmless 3e -u for damages, losses, costs, and <br />expenses (including reasonable legalfees) in connection with related to accidents and <br />injuries to persons or property to the extent caused by <br />OTIS' sele negligence, omissions, or willful misconduct, or OTIS' obligations under, or <br />material breach of, this Contract, but not to the extent caused by others. In all othe <br />instanees, y CITY shall defend, indemnify, and hold OTIS harmless agate for <br />damages, losses, costs, and expenses (including reasonable legal fees) in connection with <br />any accidents and injuries to persons or property caused by CITY's negligence, omissions, <br />or willful misconduct elaims, demands, suits ef pfeeeedings made of keught against <br />omits -or yew CITY's obligations under, or material breach of, this Contract. Nothing <br />herein is intended to waive, and CITY expressly retains, all rights, benefits, and immunities <br />of sovereign immunity pursuant to Section 768.28, Fla.Stat., as amended. <br />ADDENDUM TO OTIS SIGNATURE CONTRACT <br />Page 1 of 8 <br />298 <br />