HomeMy WebLinkAboutContract 37171 (2)ENGINEERED
COMPUTER
ROOMS
Steve Read
City of Fort Worth
5001 James Ave
Fort Worth, TX 76115
RE: Critical Power System Protection
Contract: #244527 Password: #127242
Dear Steve:
CITY SECRETARY
CONTRACT NO.
May 14, 2008
Thank for trusting Eaton Electrical Inc. (Formerly Powerware) as the service provider for your
uninterruptible power system (UPS). This is just a friendly reminder that the protection provided
by your Powerware maintenance agreement for your critical power system will expire on 3/12/08.
Renewing your existing protection is easy. If you wish to renew your service agreement, simply
sign the front of the service agreement and fax back to me at 214-55M562. If you are using a
purchase order make it payable to Eaton Electrical Inc and reference quote #244527. You may
also renew online at http://renewal.12owerware.com/renewal/ using the above contract number
and password.
As you know from experience, Powerware customer support engineers are the only individuals
both authorized/certified and factory -trained to work on Powerware equipment. They are also the
only field personnel with the authorized proprietary software essential to performing
maintenance as well as access to confidential information regarding engineering changes or
technical bulletins. Our CSE's receive continual training to ensure they are current on all
product lines.
Again, thank you for looking to Powerware for your service needs. If you see any errors in any
of the enclosed equipment or account data, please let me know so I can correct our records. If
you have any questions or desire in changes in the service level, please call me at 214-292-5108.
Sincerely,
Chris Coker
Engineered Computer Rooms, Inc.
Powerware Global Service Representative
.,
DALLAS: 10777 SANDEN DRIVE DALLAS, TX 75238 • 214/340-5771
ORIGINAL
FAX 214/553-0562
EATON ELECTRICAL INC.
(FORMERLY EATON POWER QUALITY CORP.)
SERVICE AGREEMENT
INVOICE TO: (CUSTOMER) INSTALL SITE: (CUSTOMER)
Company Name: City of Fort Worth Company Name: City of Fort Worth
street: 5001 James Ave street: 1000 Throckmorton
City: Fort Worth city: Fort Worth
State: TX zip: 76115 State: TX zip: 76102
contact: Steve Read contact: Steve Read
PH: 817-991-0627 PH: 817-991-0627
Fax I E-Mail : steve.read fortworth ov.org Fax / E-Mail: steve,read fortworthgov.org
PAYMENT TERM SELECTED: ®SINGLE YEAR ❑MULTI -YEAR Start Date: 411108 End Date: 3112109
PAYMENT CYCLE: ®ANNUAL ❑MULTI -YEAR PREPAY ❑ARREARS (GOV'T. ONLY) ❑ MVS
PURCHASE ORDER NUMBER: ❑Tax Exempt Certification Attached
T nr PI1\lC I]CIl Cl1111f]IIIIL\IT
L V V •Product
Item Line
Model
SIN#
Service Choice
CPM
O
Unit Annual Price
Total Annual Price
1
Pware
9390-80/50
EX471CAA02
POWERTRUST SERVICE PLAN
7X24
1
$3,875.00
$3,875.00
2
PARTS, LABOR &UNLIMITED
7X24
INCLUDED
SERVICE CALLS
3
ANNUAL UPS PREVENTIVE
7X24
1
INCLUDED
MAINTENANCE MAJOR PM
1
Pware
9390-160
EX413CAA03
POWERTRUST SERVICE PLAN
7X24
1
$5,600.00
$5,600.00
2
PARTS, LABOR &UNLIMITED
7X24
INCLUDED
SERVICE CALLS
3
ANNUAL UPS PREVENTIVE
7X24
1
INCLUDED
MAINTENANCE MAJOR PM
SEE ATTACHED SHEETS: EATION ELECTRICAL INC TERMS &CONDITIONS, SCOPE OF WORK DOCUMENTS R-18, R-2
NET TOTAL*
$9,475.UU
This Agreement, together with the te�ryns on the attached sheets mode part of this Agreement constitutes the entire Agreement between the parties
and shall exclusively control the relationship of t/re parties, with regard to this Agreement. Printed, preprinted or other tens on the face or reverse
side of Customer's Purchase Order shall not be binding.
CUSTOMERIPURCHASER
Company Name:
talon tiecmcar roc.
Signature: Signature:
Date: Date:
Printed Name:: Printed Name:
Title: Title:
Fax I E-Mail: Fax I E-Mail:
Contract Number:
Customer Number:
Site Number:
Bill To Number:
Date Processed:
"Important tax notice: Tax is not included in the above purchase price. In order to comply with tax regulations, sales/use tax will be added and itemized separately when
you are invoiced If you are not liable for this tax please provide an executed tax exemption or resale certificate with this signed Agreement.
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'� ORIGINAL
Form Revised: 10/01/00
EATON ELECTRICAL INC.
(FORMERLY EATON POWER QUALITY CORPORATION)
Contract #:
Coverage Period:
Contract Price.
Contract Renewal Acceptance Form
244527
3/13/08 - 3/12/09
1 Year total price:
$20,848.00
**Per previously agreed upon Terms and Conditions**
Billing Information:
City of Fort Worth
5001 James Ave
ATTN: Steve Read
Fort Worth, TX 76115
Product/Site Information• **If any of this information is incorrect strike through and correct to the side
City of Fort Worth Enduser # 328657 Serial #BN345A0094
3000 W Bolt Street
Fort Worth, TX 76110
Brand: Exide Model: Plus 36
Contract Type: Proactive Service Plan
Response Time: 8 HR Coverage: 7x24
1 UPS Preventative Maintenance 7x24
City of Fort Worth Enduser # 328657 Serial #EP134ZBA03
3000 W Bolt Street
Fort Worth, TX 76110
Brand: Exide Model: Plus 50
Contract Type: Proactive Service Plan
Response Time: 8 HR Coverage: 7x24
1 UPS Preventative Maintenance 7x24
City of Fort Worth Enduser # 328657 Serial #EV313ZBA04
3000 W Bolt Street
Fort Worth, TX 76110
Brand: Exide Model: Plus 50
Contract Type: Proactive Service Plan
Response Time: 8 HR Coverage: 7x24
1 UPS Preventative Maintenance 7x24
City of Fort Worth Enduser # 328658 Serial #EN424ZBA03
1000 Throckmorton Street
Fort Worth, TX 76102
Brand: Exide Model: Plus 80
Contract Type: Proactive Service Plan
Response Time: 8 HR � Coverage: 7x24
I UPS Preventative Maintenance 7x24
City of Fort Worth
1000 Throckmorton Street
Fort Worth, Texas 76102
Enduser 11328658 Serial #ET442ZBA01
Brand: Exide
Model: Plus 160
Contract Type: Proactive Service Plan
Response Time: 8 HR Coverage: 7x24
lUPS Preventative maintenance 7x24
To renew your contract immediately, please review the above information for accuracy then send the following
information to the address specified below.
Purchase Order Number
Site Contact Information:
Recommended:
City of Fort Worth
Transportation & Public Works Dept.
Attn: Steve Read
5001 James Avenue
Fort Worth, Texas 76115
(817)392-6995
St eve.Read@fortworth og� v.org
■
MAR7 AL 'W'k cting Director Date
and Public Works
Attest:
Marty He rix Date
City Secretary
Darrick Finan
Director North American Sales
CITY O� F FORTS WORTH
Fernando Costa Date
Assistant City Manager
as to Form
Q�y J. Ra ey N /Date
Assistant ity ttorney
0 -a'3k- 0
C *tract Authorization
51 c ) o q
i
*Important tag notice: Tax is not included in the above purchase price. All order will be subject to all applicable
sales tax unless a current tax exemption certificate is on file covering the state shown in the ship to address or
service location.
Please complete and return this form immediately either by mail or fax to:
Eaton Electrical Inc (Federal Tax ID 34-1756467)
CJO Engineered Computer Rooms, Inc.
10777 Sanden Drive
Dallas, TX 75238
Phone: 214-292-5108 Fax: 214-553-0562
Make
Payment to:
Eaton Electrical Inc.
P.O. Box 93531
Chicago, IL 60673-3531
Ect•N
EATON ELECTRICAL INC.
SERVICE AGREEMENT - TERMS AND CONDITIONS T- 0
1. DEFINITIONS: As used in this Service Agreement: (1.1) "Power Module" shall mean the electronics ponion of a UPS; (1.2)
"Battery" shal mean the electric storage battery portion of a UPS; (1.3) Power System shall mean the Power Module and
Battery; (1.4) "Proper" and all of its derivative forms shall mean in accordance with published Eaton specifications. (1.5)
"Purchaser" or "Customer" shall mean the purchaser of this Service Agreement. (1.6) "Contractor" " shall mean Eaton Electrical
Inc., a Delaware corporation, with an office located at 8609 Six Forks Road, Raleigh, NC 27615.
2. ELIGIBILITY: All equipment that has experienced a lapse in Contractor service coverage (or factory warranty coverage), or
as had no service history with Contractor within the previous ninety (90) days, is subject to a Pre -Contract Survey (PCS)
inspection by Contractor prior to eligibility for any service under this Agreement. Customer is subject to charges for this
insppection service at Contractor's then current Time and Material Service Rate Schedule (Refer to Exhibit 1-PCS and Attachment
X-1).
3 COVERED EQUIPMENT: "Covered Equipment" shall mean the Power System equipment listed on the front page of the
Contractor's Service Agreement, or on separate titled page incorporated into this Agreement. If pre -contract inspection is
required for eligibility, a list of Covered Equipment will be provided at that time and become incorporated into this Agreement.
4. HOURS OF SERVICE: Contractor will provide service during the Principal Period of Maintenance (PPM), which is defined
as normal business hours (Monday - Friday, 8:00 AM to 5:00 PM, alternately described as "5x8 service") excluding holidays as
observed by Contractor. The Contracted Period of Maintenance (CPM) is the PPM along with any additional extended hours of
coverage optionally purchased by Customer (alternately described as "7x24 service") and excludes all of Contractor's observed
holidays for planned maintenance activities. Contractor's observed holidays are as follows: New Year's Day, Martin Luther King
Day, Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Post Thanksgiving Day, Christmas Eve
Day and Christmas Day.
5. SCOPE OF SERVICES:
espouse Time -Contractor will arrive at the equipment's location within eight (8) CPM hours following Customer's
request for re ed al amtenance, provided the Installation Location is within one hundred (100) miles of a Contractor
service location. If optionally purchased by Customer, Contractor will arrive at the equipment's location within four (4) or
two (2) CPM hours following Customer's request for remedial maintenance, provided the Installation Location is within
fifty (50) miles of a Contractor service location. Response time does not include battery replacement service.
B. Start -Up Service — If optionally purchased by Customer, Contractor will provide Start -Up services during the CPM, for
new or relocated equipment. Start -Up services will be limited to visual and mechanical inspections of the installation,
electrical pre -checks, initial equipment energizations, verification of system operation, and user operational training as
defined by Eaton. Eaton reserves the right to invoice Customer at prevailing rates for delays or correction of conditions
beyond the control of Contractor, including but not limited to: postponements, cancellation, or delays of work while in route
to, or at equipment location, performance of service not covered by equipment warranty or other valid service agreement,
correction ofshippingor transit damage, or correction of installation errors, except where Contractor has installed or
supervised the installation of the equipment. Verification of remote communications functions is performed only if LAN or
phone connection is available at time of installation. Refer to the following Attachments as applicable per equipment type:
Attachment L-2; UPS Start -Up Scope of Work
Attachment 14; Intergy DC Power System Start -Up Scope of Work
Attachment PF2-]; PF2 Flywheel Start -Up Scope of Work
Attachment PDU-l; PDU, RPP, STS, PDU-R, SBR, ISO -Trans, VR Start -Up Scope of Work
C. Preventive Maintenance - If optionally purchased by Customer, Contractor will provide scheduled preventive
maintenance. Scope of Preventive Maintenance will be based on equipment specific manufacturer recommendations.
Contractor's sole obligation will be to provide Customer with a sixty- (60) day period to schedule the Preventive
Maintenance inspection, sixty (60) days prior to commencement of that period. Refer to the following Attachments as
applicable per equipment type:
Attachment R-2; UP9 Preventive Maintenance Scope of Work
Attachment 1-2; Intergy DC Power System Preventive Maintenance Scope of Work
Attachment 1`172-2; PF2 Flywheel Preventive Maintenance Scope of Work
Attachment PF2-3; PF2 Flywheel Bearing Maintenance Scope of Work
Attachment PF24; Flywheel Vacuum Pump Maintenance Scope of Work
Attachment PDU-2; PDU, RPP, STS, PDU-R, SBR, ISO -Trans, VR Preventive Maintenance Scope of Work
D. PowerTrust TM, PowerTrust Preferred, PowerTrust Ultra and PowerTrustTm VALUE Service Plan - If
optionally purchased by Customer, Contractor will provide preventive and corrective service coverage. Refer to the
following Attachments as applicable per equipment type:
Attachment R-2; Preventive Maintenance Scope of Work
Attachment R4; Flooded Lead Acid Battery Preventive Maintenance Scope of Work
Attachment R-5; Valve Regulated (sealed) Battery System Preventive Maintenance Scope of Work
Attachment R-8; Eaton Protection Audit Scope of Work
Attachment R-18; UPS PowerTius Serviclan Scope of Work
Attachment R49; UP PoNeiTtast Preferreffm Service Plan Scope of Work
?,Jt Y �i%73
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Attachment R-23; PowerTrust U1mv Service Plan Scope of Work
Attachment R-24; Battery Remote Monitoring Scope of Work
Attachment R-25; Battery On -Site Visual Inspection Scope of Work
Attachment II CELLWATCH %th Battery Remote Monitoring Scope of Work
Attachment R-27; UPS PowerTrust VALUE Service Plan Scope of Work
Attachment PDU-4; PDU, RPP, STS PowerTrust Service Plan Scope of Work
E. Preventive Maintenance Service Plan — If optionally purchased by Customer, Contractor will provide one annual
Preventive Maintenance Visit and one annual Battery Preventive Maintenance Check. Eaton's sole obligation will be to
provide Customer with a sixty (60) day period to schedule the UPS Preventive Maintenance inspection and Battery System
Preventive Maintenance (either Flooded Lead Acid or Valve Regulated (sealed) Battery) sixty (60) days prior to
commencement of that period. Refer to the following Attachments:
Attachment II UPS Preventive Maintenance Scope of Work
Attachment R-4; Flooded Lead Acid Battery Preventive Maintenance Scope of Work
Attachment R-5; Valve Regulated (sealed) Battery System Preventive Maintenance Scope of Work
Attachment R-10; UPS Preventive Maintenance Service Plan
F. ProActive Service Plan - If optionally purchased by Customer, Contractor will provide preventive and corrective service
coverage. Refer to the following Attachments as applicable per equipment type:
Attachment R-2; Preventive Maintenance Scope of Work
Attachment R-3; UPS Performance Check Scope of Work
Attachment R4; Flooded Lead Acid Battery Preventive Maintenance Scope of Work
Attachment R-5; Valve Regulated (sealed) Battery System Preventive Maintenance Scope of Work
Attachment R-6; UPS ProActive Service Plan Scope of Work
Attachment R-8; Power Protection Audit Scope of Work
Attachment PDU-3; PDU, PDU- R, SBR IsoTrans, VR ProActive Service Plan Scope of Work
Attachment 1`172-6; PF2 Flywheel ProActive Service Plan Scope of Work
G. UpTime Guarantee Service Plan — If optionally purchased by Customer, The UpTime Guarantee Service Plan is
Contractor's recommended Service Plan. Subject to the conditions and limitations contained in Attachment T-I Eaton
UpTime Guarantee - Terms and Conditions, if Contractor's Recommended Service Plan is optionally purchased by
Customer, Contractor guarantees that there will be no load loss directly attributable to improper function or failure of the
Contractor uninterruptible power supply. Said load must be roperly connected to the Contractor uninterruptible power
supply, which must be covered by a manufacturer's recommended service plan. Refer to the following Attachments:
Attachment T-1; UpTime Guarantee — Supplemental Terms and Conditions.
Attachment R-2; Preventive Maintenance Scope of Work
Attachment R4; Flooded Lead Acid Battery Preventive Maintenance Scope of Work
Attachment R-5; Valve Regulated (sealed) Battery System Preventive Maintenance Scope of Work
Attachment R-8; Power Protection Audit Scope of Work
Attachment R-11; UPS UpTime Guarantee Service Plan Scope of Work
H. Battery Preventive Maintenance - If optionally purchased, Contractor will provide scheduled periodic maintenance of the
UPS battery during the CPM. Scheduled maintenance may be performed concurrent with remedial maintenance of the
Power Module at Eaton's discretion. Scope of Battery Preventive Maintenance will be based on industry standards and
Contractor's recommendation for the particular covered equipment. Contractor recommends two (2) inspections visit per
year for valve -regulated (sealed) type systems and four (4) inspections per year for flooded (wet) type systems. UNLESS
SPECIFICALLY STATED, BATTERY UPDATES AND REPLACEMENTS ARE NOT INCLUDED WITH BATTERY
PREVENTIVE MAINTENANCE. If separately provided from the Power Module remedial maintenance, Contractor will
provide Customer thirty (30) days notice to schedule inspection at a mutually convenient time during the CPM. Refer to the
following Attachments as applicable per equipment type:
Attachment II Flooded Lead Acid Battery Preventive Maintenance Scope of Work
Attachment II Valve Regulated (sealed) Battery System Preventive Maintenance Scope of Work
I. Full Battery Coverage - If optionally purchased by Customer in conjunction with an on -site corrective maintenance Power
Module Service Agreement of the same duration, with battery update service performed by Contractor within the prior
twelve- (12) month period and batteries pass the associated performance requirements (Refer to Attachment R-9),
Contractor will provide battery remedial service (for replacement of failed batteries or batteries with less than 80% of their
published rated capacity) during the CPM. This battery coverage includes all maintenance parts and labor necessary to
maintain the Covered Battery Equipment in good operating condition during the CPM. Refer to the following Attachments:
Attachment T-2; Battery Coverage Supplemental Terms and Conditions
Attachment R-9; Battery Replacement Guidelines
Attachment R-13; Full Battery Coverage Scope of Work
J. Legacy Service Plan — If optionally purchased by Customer after contract coverage ends and unit is either out of production
or declared obsolete Contractor will offer the Legacy Service Plan for a duration not to exceed one year. No response time
guarantee is available with the Legacy Service Plan. Contractor will provide reasonable effort on parts and repair time but is
not liable for delayed or incomplete repairs due to parts availability. Refer to the following Attachment:
Attachment E-1; Legacy Service Plan Scope of Work
K. Powerware CELLWATCH Battery Monitoring Installation/First Year Coverage/Additional Years of Corrective
Coverage - If optionally purchased by Customer, Contractor will provide Installation, Start -Up services and First Year
Coverage for Contractor's Cellwatch Battery Monitoring Systems. This coverage provides full corrective maintenance
coverage for one year after Start -Up date. This includes repair materials labor and related expenses for Lite repair of failures
in the Cellwatch hardware and software system. Batteries are not included. The PPM is 7x24. Response time requests for
remedial service is eight hours within 100 miles of an,established service location. Verification of remote communications
fUnctions is performed only if LAN or phone connection is available at time of installation. Refer to the following
Attachments:
Attachment CW-1: Contractor CELLWATCH Installation/Start-Up/First Year Corrective Maintenance Coverage
Attachment CW-2; Contractor CELLWATCH Additional Years of Corrective Coverage Scope of Work
6. LABOR AND MATERIAL RATES: For any additional services outside the Scope of Services purchased for Covered
Equipment under this Agreement (as referenced above in Section 5), Customer shall be billed as per Contractor's then current
Time and Material Rate Schedule (refer to Attachment X-1). This excludes any flat rate services quoted by a Contractor's
Representative.
7. ENGINEERING CHANGES/INFORMATION0 All changes deemed necessary by Contractor will be installed during
sche uled maintenance visits during the CPM. Other changes, deemed optional by Contractor, will be offered to the Customer
on an as -available, per charge basis. All information of the Customer shall be deemed non -confidential and Contractor will be
under no duty of non -disclosure unless both parties execute Contractor's Mutual Confidential Disclosure Agreement,
8. CUSTOMER'S RESPONSIBILITY:
Communication and c edulmg - The Customer shall contact Contractor's Customer Support Service Center (1-Oulu-043-
9433) regarding all service and Preventative Maintenance requests and all other matters arising out of or relating to this
Agreement. With respect to Preventative Maintenance services purchased by Customer from Contractor under paragraphs 5(c 4
5(d), 5(e), 5(9, 5(g), 5(h), 5(i), 50), and/or 5(k) above, it shall be the Customer's responsibility to contact Contractor to schedulle
the Preventative Maintenance services. Should the Customer fail to schedule and/or not permit for any reason any Preventative
Maintenance services to be completed within ninety (90) days of the scheduled service date, Contractor shall deem its obligation
for that Preventative Maintenance service to have been met.
B. Movement - If Covered Equipment is moved to another location in the fifty (50 U.S. States (or District of Columbia),
coverage will continue only upon the following conditions: (i) Customer shall notify Contractor in writing at least thirty (30) days
in advance of equipment power -down; (ii) Contractor reserves the right to supervise the power -down, disconnection, rig ,in ,
packing, movement, unpacking, reinstallation and re -start of the new s stem. This service will be charged at Contractor s then
current Time and Material Service Rate Schedule. (iii) Resumption ofYcoverage under this Agreement is subject to acceptance by
Contractor of Covered Equipment at the new location.
C. Safety -The Customer shall, at all times during the provision of services hereunder, have a representative present at the
maintenance site at no cost to, and solely for the safety of Contractor.
D. Access - In order that Contractor may perform its obligations under this Agreement, Customer shall grant ready access to the
Covered Equipment subject to reasonable security requirements.
9. TERM AND TERMINATION: This Agreement and all that is stated herein shall automatically be renewed for successive
twelve (12) month periods at t e prices in. effect at the time of each renewal. In the event Customer elects not to renew this
Agreement, then Customer shall provide thirty- (30) days written notice prior to the renewal date. Customer will be provided
with written notice of renewal sixty (60) days prior to expiration, stating the prices for the applicable renewal term prior to each
renewal date. Notwithstanding the foregoing, either Customer or Contractor may terminate this Agreement at any time upon
thirty (30) days written notices to the other, subject to provision 16 below.
10. INSURANCE: During the term of this Agreement, Contractor at its own cost and expense, shall obtain and maintain in full
orce an effect t e following insurance with sound and reputable insurers: (1) Worker's Compensation insurance in accordance
with the statutory requirements of the state in which the maintenance is to be performed; (2) Automobile Liability insurance on
all motor vehicles licensed for highway use, both owned and non -owned and, (3) Comprehensive Liability insurance for bodily
injury and property damage.
11. WARRANTY: Contractor shall perform all services in a professional and workmanlike manner. Contractor warrants to
repair or replace defective materials and correct defective workmanship reported to Contractor and/or diagnosed by Contractor's
personnel during the term of this Agreement. Contractor warrants its corrective maintenance and spare parts to be free from
defects in material and workmanship for a period of ninety (90) days from the completion date of the repair or replacement
endeavor for which those repair materials and/or equipment were used. In the event the materials or equipment fails to meet its
published specifications due to a defect in material or workmanship covered by this Warranty, Contractor will repair or replace
the warranted materials or equipment at no cost to Customer for the material repaired or replaced. This Warranty shall not apply
to any Power Module and/or Battery that has been subject to damage caused by accident, fire, flood, lightning, vandalism, acts of
God, Customer's neglect, misuse, misapplication, incorrect connection or external damage; or that has been subject to repair or
aIteration by Customer (or a third party not authorized by Contractor in writing. THIS WARRANTY IS CUSTOMER'S SOLE
REMEDY AND IS EXPRESSLY IN LIEU OF, AND THERE ARE NO OTHER, EXPRESSED OR IMPLIED GUARANTEES
OR WARRANTIES INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. Equipment supplied, but not manufactured by Contractor is warranted solely by the equipment
manufacturer. Contractor's obligation under said Warranty is conditioned upon receipt of all payments due from Customer
including interest charges, if any.
12. ASSIGNMENT: Customer shall not assign this Agreement or any of its rights hereunder without the prior written consent
of Contractor.
13. SUBCONTRACTING: Contractor reserves the right to subcontract any portion of the services provided for under this
Agreement wit out the prior consent of Customer.
14. INDEMNITY: Subject to the limitations of liability in Section 15 hereof, C trac shall defend, indemnify and hold
arm ess Customer, its officers, employees and agents, from and against any and all claims, liabilities, damages, demands, losses,
causes of action and suits, including reasonable ey's fees mcidenf ffiet' , to the extent they result directly from or out of:
(1) any injury to or death of any person or d age to oi_ destiuctti6n )#, a y property caused by the negligent acts, errors,
r`1e f
omissions or willful misconduct of Contractor, its agents or employees; and (2) any violation of federal or state regulations,
orders, rules or the violation of any other governmental entity by Eaton, its agents or employees.
15. LIABILITY: In no event shall Contractor or Customer, or their respective officers, directors, employees or agents be liable
to the other for any incidental, indirect, special or consequential damages, such as, but not limited to, delay damages, lost profits
or revenue, lost data or lost opportunity damages, resulting from or in connection with any claim or cause of action, whether
brought in contract or in tort, even if Contractor or Customer knew or should have known of the possibility of such damages.
Under no circumstances shall the aggregate liability arising out of or in connection with this Agreement exceed the price paid
hereunder for the goods and services provided.
16. PAYMENT: All payments are due net 30 days in full from date of invoice, and any payment not made when due shall be
subject to an interest charge of 1.5% per month or fraction thereof, or maximum permitted by law, whichever is less.
Additionally, Customer shall be invoiced for, and shall pay for, all services not expressly provided for by the terms hereof, such
as, but not limited to, site calls involving no-fault found inspections where no corrective maintenance was required. If any
payment is not made when due, Contractor reserves the right to refuse to provide any further services until such payment and the
applicable interest have been received. Contractor reserves the right to invoice Customer either the full amount due under this
Agreement or in accordance with Contractor's Time and Materials Service Rate Schedule (Attachment X-1) for services
rendered, whichever amount is greater, if this Agreement is terminated by Contractor for non-payment. Customer shall be liable
for expenses including reasonable attorneys' fees, associated with collection proceedings for non-payment. In the event of early
termination: A) Customer will be liable for any services rendered to the reasonable satisfaction of Customer prior to the effective
date of termination, and B) Contractor at its discretion will provide a credit against any advance payments received as follows: 1)
a pro -rated amount based on the terminated portion of the fixed -price fee due Contractor, or 2) an amount based on the difference
between the amount paid by Customer prior to the effective date of early termination and the actual cost of service options
completed (including emergency repair calls) by Contractor prior to the effective date of early termination.
17. TAX: Contractor's price is exclusive of any applicable tax. All orders will be subject to all applicable sales tax unless a
current tax exemption certificate is on file with Contractor covering that state shown in the ship -to address or service location of
the Customer's purchase order or the installation location of the Covered Equipment under this Service Agreement.
18. PARTS: Parts removed for replacement shall be Contractor's property. Maintenance parts used from Customer -owned spare
part�rt sI 71 be replaced by Contractor at no cost. Replacement parts shall be new or of the same quality as new.
19. FORCE MAJEURE: Contractor shall not be liable for any failure to deliver, or delay in delivering services to Customer to
the extent that such failure or delay results from causes beyond its reasonable control including, without any limitation, any act of
God or force majeure, war, revolution, riot, civil commotion, or any applicable governmental or judicial law or regulation, order
or decree.
20. GENERAL: The terms and conditions of this Agreement cannot be modified or waived except by a writing signed by the
parties hereto and waiver by Contractor or Customer of any provision hereof in any one instance shall not constitute a waiver as
to any other instance. If a provision of this Agreement is invalidated for any reason, this Agreement remains binding except for
such invalid provision. This Agreement shall be construed in accordance with and governed by the laws of the State of North
Carolina. Customer and Contractor hereby agree that all disputes arising out of this Agreement shall be submitted solely to the
jurisdiction of the State and Federal Courts located in Wake County, North Carolina.
4 ._
City of Fort Worth, Texas
Mayor and Council Communication
- COUNCIL ACTION: Approved on 5/6/2008 - --
DATE: Tuesday, May 06, 2008
LOG NAME: 20EATON08 REFERENCE NO.: **C-22790
SUBJECT:
Authorize Renewal and Amendment No. 1 to City Secretary Contract No. 35101 in the Amount of
$30,323.00 for Preventive Maintenance of Uninterrupted Power Supply Systems at Various City
Facilities
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute renewal and Amendment
No. 1 to City Secretary Contract No. 35101 for a total of $30,323.00 for preventive maintenance of
Uninterrupted Power Supply (UPS) systems located at various City facilities.
DISCUSSION:
City Secretary Contract No. 35101 for preventive maintenance of UPS systems was executed on March 16,
2007 in the amount of $19,874.00. During the past year manufacturer's warranties have expired for two
units making it necessary to add the units to the existing preventive maintenance contract at an additional
cost of $9,475.00. The renewal price for the contract is $20,848.00 and with the additional units added the
total contract price is $30,323.00
Eaton Electrical (Powerware) customer support engineers are the only factory authorized/certified and
factory trained personnel available to work on these UPS systems. Eaton Electrical does not furnish
proprietary technical information to non -qualified entities; therefore this is a sole source purchase.
M/WBE — A waiver of the goal for M/WBE subcontracting requirements was requested by the
Transportation and Public Works Department and approved by the M/WBE Office because the purchase of
goods or services is from a documented sole source provider.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget, as appropriated, of
the Information Systems Fund and the General Fund.
TO Fund/Account/Centers
Submitted for City Manager's Office bv:
Originating Department Head:
Additional Information Contact:
FROM Fund/Account/Centers
P168 536010 0043020 7 922.24
P168 536010 0046020 $18,525.76
GG01 536010 0028000 $1,430w78
GG01 539120 0028000 $2,444m22
Fernando Costa (8476)
Greg Simmons (7862)
Glenn Balog (2028)
CONTRACT NO, 1-
EATON CORPORTION SERVICE AGREEMENT ACCEPTANCE FORM
Contract # 244527
Coverage period: 5/6/09
Contract price: 1 year total price: $34,966.00
Bill information:
City of Fort Worth
5001 James Avenue
Fort Worth, TX 76115
ATTN: Steve Read
Product/Site Information
City of Fort Worth
3000 W. Bolt Street
For Worth, TX 76110
Brand: Exide/Powerware
Enduser 4328657
Model: Plus 36
Serial #BN345A0094
Contract type: Proactive Service Plan with one 7x24 UPS Preventative Maintenance Visit
Response time: 8 hour Coverage: 7x24
City of Fort Worth
3000 W. Bolt Street
For Worth, TX 76110
Brand: Exide/Powerware
Enduser#328657
Model: Plus 50
Serial #EP134ZBA03
Contract type; Proactive Service Plan with one 7x24 UPS Preventative Maintenance Visit
Response time: 8 hour Coverage: 7x24
City of Fort Worth
3000 W. Bolt Street
For Worth, TX 76110
Brand: Exide/Powerware
Enduser#328657
Model; Plus 50
Serial #EV313ZBA04
Contract type: Proactive Service Plan with one 7x24 UPS Preventative Maintenance Visit
nse time: 8 hour
Coverage; 7x24
CITY ETAR�
City of Fort Worth Enduser #328658 Serial #EN424ZBA03
1000 Throckmorton Street
For Worth, TX 76102
Brand: Exide/Powerware
Model: Plus 80
Contract type: Proactive Service Plan with one 7x24 UPS Preventative Maintenance Visit
Response time: 8 hour Coverage: 7x24
City of Fort Worth
1000 Throckmorton Street
For Worth, TX 76102
Brand: Exide/Powerware
Enduser #328658
Model: Plus 160
Serial #ET442ZBA01
Contract type: Proactive Service Plan with one 7x24 UPS Preventative Maintenance Visit
Response time: 8 hour Coverage: 7x24
City of Fort Worth
1000 Throckmorton Street
Fort Worth, TX 76102
Brand: Exide/Powerware
Enduser 44328658
Model: Plus 80
Serial #EX471CAA02
Contract type: Proactive Service Plan with one 7x24 UPS Preventative Maintenance Visit
Response time: 8 hour Coverage: 7x24
City of Fort Worth
1000 Throckmorton Street
For Worth, TX 76102
Brand: Exide/Powerware
Enduser #328658
Model: Plus 80
Serial #EX413CAA03
Contract type: Proactive Service Plan with one 7x24 UPS Preventative Maintenance Visit
Response time: 8 hour Coverage: 7x24
City of Fort Worth
Enduser #328658
Serial #EY233CAA02
1000 Throckmorton
For Worth, TX 76102
�dTY SECRETARY
Brand: Exide/Powerware Model: Plus 80 a WORTH, TX
Contract type: Proactive Service Pl
an with one 7x24 UPS Preventative Maintenance Visit
onse time: 8 hour
7x24
Purchase order Number
Site Contact information:
Steve Read
(817)392-6995
steve readC�fortworthgov.org
Approval Recommended:
� �William� A. Verkest, P.E. Date
Director, Transportation and Public Works
Fernando Costa
Assistant City Manager
Amy Ramsey
Assistant City Attorney
Marty Hendrix
Darrick S. Finan
Eaton Corporation
Director, North America Sales
7 G o!
4F or
Date
Date
Date
Date
�FF9CiAL RECORD
i
CITY SECRETARy
FT. WORTH, TX
Please return for to Eaton Corporation c/o Critical Site Solutions
8304 Esters Blvd., Suite 870
Irving, TX 75063 ALL PURCHASE ORDERS MUST BE MADE OUT TO EATON CORPORATION
ITYSKRETARY
Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 5/26/2009
--- ---
DATE: Tuesday, May 26, 2009 REFERENCE NO.: **C-23544
LOG NAME: 20EATON09
SUBJECT:
Authorize Amendment No. 2 to City Secretary Contract No. 37171 with Eaton Corporation in the Amount of
$34,966.00 for Preventive Maintenance of Uninterrupted Power Supply Systems Located at Various City
Facilities
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute Amendment No. 2 to City
Secretary Contract No. 37171 with Eaton Corporation (formerly Eaton Electrical /Powerware), for
preventive maintenance of Uninterrupted Power Supply systems located at various City facilities.
DISCUSSION:
City Secretary Contract No. 35101 for preventive maintenance of Uninterrupted Power Supply (UPS)
systems was executed on March 16, 2007, in the amount of $19,874.00. Renewal of the contract and
Amendment No. 1 was approved on May 6, 2008, (City Secretary Contract No. 37171, M&C C-22790) for
$30,323.00. During the past year the manufacturer warranty expired for one unit making it necessary to
add the unit to the existing preventive maintenance contract at an additional cost of $4,706.00. The
renewal price for the contract is $34,966.00 which includes the additional unit and a $63.00 price decrease
from the previous contact. The UPS systems are installed at City Hall, Eagle Mountain Transmitter Site,
6869 Bowman Roberts Road and Fire and Police Communications, 3000 West Bolt Street.
Eaton Corporation customer support engineers are the only factory authorized/certified and factory trained
personnel available to work on these UPS systems. Eaton Corporation does not furnish proprietary
technical information to non -qualified entities; therefore this is a sole source purchase.
M/WBE — A waiver of the goal for M/WBE subcontracting requirements was requested by the
Transportation and Public Works Department and approved by the M/WBE Office because the purchase
of goods or services is from a documented sole source provider.
RENEWAL OPTIONS —The contract is automatically renewed every year unless terminated by the City.
The UPS systems are located in COUNCIL DISTRICTS 7 and 9, but will serve Fort Worth residents in all
Council Districts.
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current operating
budgets, as appropriated, of the Information Systems Fund and General Fund.
FUND CENTERS:
TO Fund/AccountlCenters
FROM Fund/Account/Centers
i i �nn�,,,-;nt=t,-„PX�T��cTvne=Print 6/11/2009
Page 2 of 2
CERTIFICATIONS:
Submitted for City Manager's Office bv:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
1. 2009 Dept Waiver.pdf (CFW Internal)
2. 2009 Sole Source.pdf (CFW Internal)
3. 536010 0028000.pdf (CFW Internal)
4. 539120 0028000.pdf (CFW Internal)
5. 539120 0043020.pdf (CFW Internal)
6. Eaton Contract.pdf (CFW Internal)
P168 539120 0043020
GG01 536010 0028000
GG01 539120 0028000
Fernando Costa (6122)
William Verkest (7801)
Glenn Balog (2028)
$30 260.00
1 742.00
2 964.00
/o.,..,,,,..;1/,.r„-,4,-,-..� oor.7i.7=11�(1(1Rrnrint=tn�aRrTlnrTvna=Print