HomeMy WebLinkAboutContract 53105-R1 DocuSign Envelope ID:903280D1-4146-40F1-9023-C47A4250EF4B
CSC No. 53105
CSC No. 53105-R1
CITY OF FORT WORTH
CONTRACT RENEWAL NOTICE
September 21, 2020
Eaton Corporation
Attn: Jennifer Day
8609 Six Forks Road
Raleigh NC 27615
Re: Contract Renewal Notice
Contract No. CSC No. 53105 (the "Contract")
Renewal Term No. 1: May 6, 2020 to May 5, 2021
The above referenced Contract with the City of Fort Worth expires on May 5, 2020 (the
"Expiration Date"). Pursuant to the Contract, contract renewals are at the mutual agreement of
the parties. This letter is to inform you that the City desires to renew the Contract for an
additional one (1) year period, which will begin immediately after the Expiration Date. All other
terms and conditions of the Contract remain unchanged. Please return this signed
acknowledgement letter, along with a copy of your quote for charges for the new renewal
term (current insurance certificate, to the address set forth below, acknowledging the
Contract Renewal.
[In accordance with section 3 of the Contract, the City of Fort Worth agrees to pay
Eaton Corporation$38,082.88, the amount on the attached quote for this renewal period.]
Please log onto PeopleSoft Purchasing at http://fortworthtexas.gov/purchasing to insure
that your company information is correct and up-to-date.
If you have any questions concerning this Contract Renewal Notice, please contact me at
the telephone number listed below.
Sincerely,
B JVidgett
Brenda Midgett
Sr. Administrative Assistant
817-392-8086
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
Contract Renewal Page 1 of 2
DocuSign Envelope ID:903280D1-4146-40F1-9023-C47A4250EF4B
CSC No. 53105
CITY OF FORT WORTH CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
bares 6AQA7o6� of this contract,including ensuring all
By: Dana Burghdoff( p23,2 13:30CDT) performance and reporting requirements.
Name: Dana Burghdoff
Title: Assistant City Manager
By: &L44f-1(
Name: Brenda Midgett
APPROVAL RECOMMENDED: Title: Sr.Administrative Assistant
APPROVED AS TO FORM AND LEGALITY:
By: Steve Cooke(Sep 22,2020 16:54 CDT)
Name: Steve Cooke
Title: Director,Property Management By: J B Strong(Sep 2, 02016:59 CDT)
Name: J.B Strong
a444�an4� ATTEST: Title: Assistant City Attorney
�� FOR o*
0-o0 oO Od
_o eon o CONTRACT AUTHORIZATION:
d
o U.
* / n // M&C: n/a
a By: rRonaldP.Gonzales(Sep 23,202013: DT) Date Approved:
aaall n p
Name: Mary Kayser
Title: City Secretary Form 1295 Certification No.:
September 2Z,
PUM
DocuSigned by:
C V
By: 3491C64FE8534CA._.
Name: Christopher J Butler
Title: SVP/GM PQD
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
Contract Renewal Page 2 of 2
DocuSign Envelope ID:903280D1-4146-40F1-9023-C47A4250EF4B
DocuSign Envelope ID:F2ED9E78-C8624BE5-B984-24CE73BAC632
E A
tT*N
P79wewV Buswass Wo1kWids
Eaton UPS Service Quote:314462-1 Curtis Mitchell,Sr.Service Sales Representative
Quote Date:04/13/2020 Eaton Corporation
(Effective until 05/28/2020) 637 Westport Pkwy
Suite 200
Grapevine,TX 76051
972-342-1568
Email:curtisjmitchell@eaton.com
Prepared For: For Covered Equipment at Site:
Billing Contact: Steve Read, Facility Manager Site Contact: Steve Read,
Billing Company:City of Fort Worth Site Company:City of Fort Worth
5001 James Ave. 6869 Bowman Roberts
Fort Worth.TX 76107 Fort Worth,TX 76179
817-392-6695 817-392-6695
Email: steve.read@fortworthgov.org Ema-il: steve.read@fortworthtexas.gov
We are pleased to provide the following services proposal for your power quality equipment. Please refer to the Scopes of Work
(SOW)for descriptions of service coverage and exclusions. Eaton Corporation terms and conditions(Eaton Corp. Service Agreement
T-0 attachment)govern this proposal,and any purchase order submitted to Eaton pursuant thereto. Additional or different terms
proposed by Buyer,whether in its purchase order or otherwise,shall not be binding upon Eaton Corporation and are hereby rejected
unless expressly agreed to in writing by Eaton Corporation. Eaton Corporation cannot be held liable,and Buyer shall not be entitled to
any damages and/or indemnifications, in case Eaton Corporation is prevented, hindered or delayed from or in performing any of its
obligations resulting from the impact of the outbreak of COVID-19 for reasons not attributable to Eaton Corporation.
Serial Number NewlRenewai Model Description Battery Type,Quantity Coverage Type
ED382CBB11 R 9390-40-80 NIA Proactive
Service Plan
EP134ZBA03 R 9315-30-50 NIA
ET442ZBA01 R 9315-100-160 NIA Proactive
Service Plan
EV313ZBA04 R 9315-30-50 NIA
EX413CAA03 R 9390-100-160 NIA Proactive
Service Plan
EM334UXX03 R 93PM-100-400 N/A Proactive
Service Plan
EM334UXX02 R 93PM-100-400 N/A Proactive
Service Plan
Quantity 1, Eaton 9390-40-80, NIA
Coverage Start Date: 5/6/2020 Coverage End Date: 5/5/2021 Tenn: 1 Year
Unit Unit Extended
List Price Net Price Net Price
ProActive Service Plan 8 Hr(PA81 NEDX-0080) $6,669.00 $57101.79 $5,101.79
■ After Hours(7x24)
■ 8 HR Response Time
• 1x per year: UPS Preventive Maintenance After Hours(7x24)
• PredictPuise Remote Monitoring
■ 30%Spare Part Kit and Time and Material Discount
• EOSL Status Active; Moving to Best Effort on Jan 1,2027
Supporting Documents:T-0,X-1, R-2,R-6,R-32,R-10
9390-40-80 Total Price: $6,669.00 $6,101.79 $5,101.79
Did you know? Eaton has PredictPulse remote mon1toring and a suite of professional assessment and tesfing services
(Load Bank, IR Scan, PQ Meter) that take traditional preventive maintenance to the next ievel by proactively �dentifying
issues for greater peace of ■ ■ • -
DocuSign Envelope ID:903280D1-4146-40F1-9023-C47A4250EF4B
❑acuSign Envelope ID:F2EDgE78-C862-4BE5-B984-24CE73BAC632
F A
.T*N
Prxverrng 8l15ir7e5S Warhhvide
Site Location Model Serial Number Quantity
City of Fort Worth-13th St. 9390-40-80 ED382CBB11 1 $5,101.79
Subtotal: 1 $6,101.79
Quantity 1, Eaton 9315-30-50, NIA
Unit Unit Extended
List Price Net Price Net Price
• 1x per term: UPS Preventive Maintenance,After Hours(7x24)(0005NXXX-0050) $1,576.00 $1,206.64 $1,205.64
9315-30-50 Total Price: $1,576.00 $1,205.64 $1,206.64
Site Location Model Serial Number Quantity
City of Fort Worth-Police 9315-30-50 EP134ZBA03 1 $1,205.64
911
Subtotal: 1 $1,206.64
Quantity 1, Eaton 9315-100-160, NIA
Coverage Start Date: 5/6/2020 Coverage End Date: 5I5I2021 Term: 1 Year
Unit Unit Extended
List Price Net Price Net Price
ProActive Service Plan 8 Hr(PA81 NEDX-0160) $8,464.54 $6,475.37 $6,475.37
■ After Hours(7x24)
• 8 HR Response Time
• 1x per year: UPS Preventive Maintenance After Hours(7x24)
■ PredictPulse Remote Monitoring
■ 30% Spare Part Kit and Time and Material Discount
■ EDSL Status Best Effort;Moving to No Coverage on Jan 1,2022
Supporting Documents:T-0,X-1,R-2, R-6,R-32, R-10
9315-100-160 Total Price: $8,464.54 $6,475.37 $6,475.37
Site Location Model Serial Number Quantity
City of Fort Worth-City Hall 9315-100-160 ET442ZBA01 1 $6,475.37
Subtotal: 1 $6,475.37
Quantity 1, Eaton 9315-30-50, NIA
Unit Unit Extended
List Price Net Price Net Price
■ 1x per term: UPS Preventive Maintenance,After Hours(7x24)(0005NXXX-0050) $1,576-00 $1,205.64 $1,205.64
9315-30-50 Total Price: $1,576.00 $1,205.64 $1,205.64
Site Location Model Serial Number Quantity
City of Fort Worth-Police 9315-30-50 EV313ZBA04 1 $1,205.64
911
Subtotal: 1 $1,205.64
1 ■ you know? ■ -• - remote monitoring and a suite of professional assessment an■ testing services
DocuSign Envelope ID:903280D1-4146-40F1-9023-C47A4250EF4B
DocuSign Envelope ID:F2ED9E78-C862-4BE5-B984-24CE73BAC632
E i
.T*N
PawefiAg Busifress Wprhlvade
Quantity 1, Eaton 9390-100-160, NIA
Coverage Stark Date: 516/2020 Coverage End Date: 515I2021 Term: 1 Year
Unit Unit Extended
List Price Net Price Net Price
ProActive Service Plan 8 Hr(PA81 NEDX-0160) $8,218.00 $6,286.77 $6,286.77
• After Hours{7x24}
a 8 FIR Response Time
• 1 x per year: UPS Preventive Maintenance After Hours(7x24)
• PredictPulse Remote Monitoring
■ 30%Spare Part Kit and Time and Material Discount
■ EQSL Status Active;Moving to Best Effort on San 1, 2027
Supporting Documents:Td6,XA,R-2,R-6,R-32,R-10
9390-100-160 Total Price: $8,218.00 $6,286.77 $6,286.77
Site Location Model Serial Number Quantity
City of Fort Worth-Waste 9390-100-160 EX413CAA03 1 $6,286.77
Com
Subtotal: f $6,286.77
Quantity 1, Eaton 93PM-100-400, NIA
Coverage Start Date: 5I6120 Coverage End Date: 5/512021 Term: 1 Year
Unit Unit Extended
List Price Net Price Net Price
ProActive Service Plan 8 Hr(PA8INEDX-0550) $11,639.00 $8,903.84 $8,903.84
• After Hours(7x24)
■ 8 FIR Response Time
■ 1x per year: UPS Preventive Maintenance After Hours{7x24}
■ PredictPulse Remote Monitoring
• 30% Spare Part Kit and Time and Material Discount
■ EQSL Status Active
Supporting Documents:T-0,X-1,R-2, R-6,R-32,R-10
93PM-100-400 Total Price: $11,639.00 $8,903.84 $8,903.84
Site Location Model Serial Number Quantity
City of Fort Worth-City Hall 93PM-100-400 EM334UXX03 1 $8,903.84
Subtotal: 1 $8,903.84
Did you know? Eaton has PrediCtPulse remote monitoring and a suite of professional assessment and testing services
(Load Bank, IR Scan, PQ Meter)that take traditional preventive maintenance to the next level by proactively identifying
issues for greater peace of ■ Learn more at Eaton.com/UPSservices
DocuSign Envelope ID:903280D1-4146-40F1-9023-C47A4250EF4B
DocuSign Envelope ID:F2ED9E78-C862-4BE5-B984-24CE73BAC632
F
JeN
,%wevag 6usjam Woridvude
Quantity 1, Eaton 93PM-100-400, NIA
Coverage Start Date: 5I6120 Coverage End Date: 5/5/2021 Term: 1 Year
Unit Unit Extended
List Price Net Price Net Price
ProActive Service Plan 8 Hr(PA8INEDX-0550) $11,639.00 $8,903.84 $8,903.84
■ After Hours(7x24)
■ 8 HR Response Time
■ 1 x per year: UPS Preventive Maintenance After Hours(7x24)
■ PredictPulse Remote Monitoring
■ 30%Spare Part Kit and Time and Material Discount
• EOSL Status Active
Supporting Documents:T-0,X-1,R-2,R-6,R-32,R-10
93PM-100-400 Total Price: $11,639.00 $8,903.84 $8,903.84
Site Location Model Serial Number Quantity
City of Fort Worth-City Hall 93PM-100-400 EM334UXX02 1 $8,903.84
Subtotal: 1 $8,903.84
List Price Net Price
Grand Total Price: $49,781.54 $38,082.88
Dollars Saved: $11,698.66
'Applicable Discounts: 10%Multi module,15.00%Negotiated
• Contract Payment Terms: Net 30 days,Billing Cycle: Payment Upfront
• Important Tax Notice:Tax is not included in the above purchase price. All orders 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 equipment location.
■ To purchase(renew)your service contract,please sign and date below. Return all attachments with purchase order to:Eaton
Corporation,8609 Six Forks Road, Raleigh, NC 27615,Tel 800/843-9433, Fax 800/228-1899.
■ Make Payments to: Eaton Corporation,29085 Network Place, Chicago, IL 60673-1290
Accepted By: Name Title Date Purchase Order Number
Print Name:
DocuSign Envelope ID:903280D1-4146-40F1-9023-C47A4250EF4B
DaeuSign Envelope ID:F2ED9E78-C862-4BE5-B984-24CE73BAC632
IF.T*N
P'O"nag BUSiness worktwide
Site Inventory Summary
City of Fort Worth -Western Corn Steve Read, Fort Worth, TX
Model Serial Number Dates Contract Annual Cost
9390-100-160 EX413CAA03 516I2020-5/512021 PA81NEDX-0160 $6,286.77
Subtotal: $6,286.77
City of Fort Worth - City Hall Steve Read, Fort Worth, TX
Model Serial Number Dates Contract Annual Cost
9315-100-160 ET442ZBA01 5/6/2020-5/5/2021 PA81 NEDX-0160 $6,475.37
93PM-100-400 EM334UXX03 516120-5/5/2021 PA81 NEDX-0550 $8,903.84
93PM-100-400 EM334UXX02 516120-5/5/2021 PA81 NEDX-0550 $8,903.84
Subtotal: $24,283.04
City of Fort Worth -Police 911 Steve Read, Fort Worth, TX
Model Serial Number Dates Contract Annual Cost
9315-30-50 EP134ZBA03 5/6/2020-5/5/2021 $1,205.64
9315-30-50 EV313ZBA04 5/6/2020-5/5/2021 $1,205.64
Subtotal: $2,411.28
City of Fart Worth - 13th St. Steve Read, Fort Worth, TX
Model Serial Number Dates Contract Annual Cost
9390-40-80 ED382CBB11 516/2020-5/512021 PA81 NEDX-0080 $5,101.79
Subtotal: $5,101.79
DocuSign Envelope ID:903280D1-4146-40F1-9023-C47A4250EF4B
DOCUSign Envelope ID:F2E❑9E78-C862-4BE5-B984-24CE73BAC632
F.T*N
Powering Business Worldwide
EATON CORPORATION
UPS SERVICES—TERMS AND CONDITIONS (T-0)
TERMS AN C0NDITIONS: These terms and conditions,the quotation and Scope(s)of Work(the"Agreement"),are the final
expression of the contract for the sale of UPS services by Eaton Corporation("Contractor),and supersede all prior terms,
quotations,statements(s)of work,purchase orders,correspondence or communications whether written or oral between Eaton
Corporation and the customer, ANY ADDITIONAL OR DIFFERENT TERMS PROPOSED BY CUSTOMER(THE"CUSTOMER"),
ARE REJECTED UNLESS EXPRESSLY AGREED TO IN WRITING BY CONTRACTOR.
1. DEFINITIONS: The terms listed below shall have the following meanings:
"Battery"is the electric storage portion of a UPS.
"Covered Equipment"is the equipment as listed on the quote.
"GPM"is the Contracted Period of Maintenance or Hours of Service.
"Drop Ship Items"are capacitors,fans,equipment upgrades(modifications),batteries,battery monitoring systems,battery
containment,battery materials,racks and cabinets.
"Emergency Service"is all services provided on an as needed basis that is not scheduled in advance.
"PCS'is Pre-Contract Survey inspection.
"Power Module"is the electronic portion of a UPS or other power quality device.
"Scope of Work"is the services,procedures,methods,exclusions and coverage as purchased by the Customer
"Service"is the installation,maintenance(including Preventive Maintenance as defined in Scope of Work Attachment R-2),
repair,inspection,adjustment,and remote monitoring servioes(including the PredictPulse Service as defined in Scope of
Work,Attachment R-32,R-36 or R-37)performed on the Covered Equipment by Contractor or otherwise provided by
Contractor in connection with the Covered Equipment.
"UPS"is an Uni nterru ptible Power Supply which is comprised of the Power Module and Batteries.
2. ELIGIBILITY: All Covered Equipment that has a lapse in Service or warranty coverage greater than ninety(90)days is subject
to a PC prior to eligibility for Service under this Agreement. Customer will be charged at Contractors current Time and Material
Service Rate Schedule(Exhibit 1-PCS and Attachment X-1). A list of the equipment requiring a PCS will be incorporated into this
Agreement.
3. H 0 U R 5 OF SERVICE: Contractor will provide scheduled and emergency services portal-to-portal 8:00AM to 5:00 PM
Monday-Friday("5X8 Service")excluding all observed holidays. The Customer may purchase extended hours of scheduled and
Emergency Service coverage('7x24 Service')including Emergency Service being provided on public holidays(5 U-S-C.6103).
Scheduled services are not available on observed holidays.
4. ON-SITE RESPONSE TIME: Upon Service request the Contractor will arrive at the location of the Covered Equipment the next
business day. If purchased by Customer and the Covered Equipment is located within one hundred(100)mires of a Contractor
service location,Contractor will arrive at location of Covered Equipment within eight(8),four(4)or two(2)C P M hours. Response
time does not include battery replacement seance.
5.LABOR AND MATERIAL RATES: Customer shall be billed at Contractors current Time and Material Rate Schedule
(Attachment X-1)for Service purchased outside the Scope(s)of Work. This excludes any flat-rate quoted by Contractor
representative.
6. ENGINEERING CHANGES: All engineering changes deemed necessary by Contractor will be installed during scheduled
Service visits during the CPM. Any engineering changes deemed optional by Go ntracto r wil I be offered to Customer on an as-
available,per charge basis.
7. CUSTOMER'S RESPONSIBILITY:
A. Communication and Scheduling-Customer shall contact Contractor's Customer Reliability Center(1-800-843-9433)to
schedule all Service and other requests. Preventive Maintenance or Services is deemed fulfilled if(i)the Customer fairs to
schedule or(ii)does not permit Service to be completed within ninety(90)days of the scheduled service date.
B. Movement-If Covered Equipment is moved to another location within the United States,Service coverage will continue at
Contractors option if.(i)Customer notifies Contractor in writing at least thirty(30)days in advance of power-down of Covered
Equipment and,(ii)Contractor supervises the power-down,disconnection,rigging,packing,movement,unpacking,reinstallation
and re-start of the Covered Equipment and Customer will be charged at current Time and Material Service Rate Schedule.
C. Escort-During the provision of Service.Customer will have a representative present at Service site at no cost to the
Contractor.
D. Access-Customer shall grant unobstructed access to the Covered Equipment to be serviced,as well as adequate working
space in the immediate vicinity as may be required for the Contractor to perform Services. Prior to a site visit,the Customer and
Terms and Conditions(T-0)
Rev.12/16/19
Page 1 of 3
DocuSign Envelope ID:903280D1-4146-40F1-9023-C47A4250EF4B
DocuSign Envelope ID:F2Ela9E78-C862-4BE5-6984-24CE73BAC632
F J*N
Powering Business WorlaWide
Contractor must agree on site access requirement costs. These costs will be invoiced by the Contractor following completion of
Services.
8. TERM AND TERMINATION: The initial term of this Agreement shall be the service period defined on the applicable quote.
Following the expiration of the initial term,this Agreement shall automatically renew for successive twelve(12)month periods.
Contractor will provide notice of updated pricing prior to the expiration of the initial term or any subsequent renewal term.
Customer or Contractor may terminate this Agreement at any time upon thirty(30)days written notice to the other,subject to
Section 16.
9. BATTERIES AND DROP SHIP ITEMS: Prices stated in a quote do not include installation,freight,and handling charges
unless these items are listed and priced in the quote. Prices stated in a quote are F.O.B_factory(unless otherwise stated)and title
and risk of loss to each article sold by Contractor to Customer shall pass to Customer upon delivery at the F.O.B.point.
Shipment estimates are after receipt of Customer's purchase order.If approval of drawings are required,then shipment estimates
are after receipt of written approval.If the Customer cannot accept delivery of batteries,Customer will arrange for storage.
Contractor is not be liable or responsible for any damages or loss for delay or default in delivery due to force majeure. Customer
may not cancel its purchase order because of such delays.
Customer may cancel its purchase order with prior written notice to Contractor subject to cancellation charges for capacitors,fans,
equipment upgrades(modifications),batteries and Drop Ship Items as follows:(i)between 0-30 days prior to shipment,1 DO%of
the total invoice,and(ii)greater than 30 days prior to shipment,50%of the total invoice. Changes made to an order may be
subject to increase or decrease in purchase order amount,change order charges,and changes in schedule date. Customer is
responsible for return freight charges related to cancellation.
10. END OF SERVICE LIFE "EOSL": Contractor may designate a Power Module as"End of Service Life"which means limited
parts are available and Service will be provided on a best efforts basis. This designation will be indicated on the quote for Service
renewal and will serve as Contractor's notice of limited service support and its recommendation to replace or decommission the
Power Module. If Contractor cannot perform or complete a covered repair,Contractor may terminate coverage subject to Section
8. Customer may request a pro-rated refund for the terminated portion of this Agreement,subject to Section 16.
11. INSURANCE: During the term of this Agreement,Contractor,at its own cost and expense,shall maintain in full force and
effect the following insurance with sound and reputable insurers: (i)worker's compensation insurance in accordance with the
statutory requirements of the state where the Service is to be performed;(ii)automobile liability insurance on all motor vehicles
licensed for highway use,both owned and non-owned;and(iii)commercial general Ilability insurance for bodily injury and property
damage.
12. WARRANTY: Contractor shall perform all Service in a professional and workmanlike manner. Contractor warrants repairing
or replacing defective parts or materials and correcting defective workmanship reported to Contractor andlor diagnosed by
Contractor's personnel during the term of this Agreement. Contractor warrants its corrective maintenance per the scope of work
and replacement parts to be free from defects in material and workmanship for the term of this Agreement or for a period of ninety
(90)days from the completion date of the repair or replacement of parts or materials,whichever is longer. In the event the parts or
materials fail to meet published specifications due to a defect in parts or materials or workmanship covered by this Warranty,
Contractor,at its discretion,will repair or replace the warranted parts or materials at no cost to Customer. This Warranty shall not
apply to any Power Module andlor Battery that has been:(i)subject to damage caused by accident,fire,flood,lightning,
vandalism,acts of God,Customer's neglect,misuse,misapplication,incorrect connection or external damage;(ii)subject to repair
or alteration by Customer(or a third party)not authorized by Contractor in writing;or(i ii)moved without thirty(30)days'notice to
Contractor. Contractor reserves the right to supervise the move. THIS WARRANTY IS EXCLUSIVE EXCEPT FOR WARRANTY
OF TITLE.CONTRACTOR DISCLAIMS ALL OTHER WARRANTIES,INCLUDING ANY IMPLIED WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CORRECTION OF NON-CONFORMITIES IN THE
MANNER AND FOR THE PERIOD OF TIME PROVIDED ABOVE SHALL CONSTITUTE CONTRACTOR'S SOLE LIABILITY AND
CUSTOMER'S EXCLUSIVE REMEDY FOR FAILURE OF CONTRACTOR TO MEET ITS WARRANTY OBLIGATIONS,
WHETHER CLAIMS OF CUSTOMER ARE BASED IN CONTRACT,IN TORT(INCLUDING NEGLIGENCE AND STRICT
LIABILITY)OR OTHERWISE. Parts or materials supplied,but not manufactured by Contractor,are warranted solely by the
manufacturer. Contractor s obligation under this Warranty is conditioned upon receipt of all payments due from Customer.
13. ASSIGNMENT: Neither party shall assign this Agreement or any of its rights and interests without the prior written consent of
the other party. Upon written notice to the other party,either party may assign this Agreement or any of its rights and interests to:
(i)any parent,subsidiary,affiliated or successor corporation;or the purchaser of any of these entities;(ii)any corporation to which
the party has sold all or substantially all of its assets(including the purchaser of any of the party's subsidiaries);or(iii)any
corporation or legal entity with which the party may merge or consolidate.
14. INDEMNITY: Contractor shall defend,indemnify and hold harmless Customer,its officers,employees and agents
(Indemnified Parties),from and against any and all claims,causes of action or suits brought against the Indemnified Parties to the
extent they result directly from(1)bodily injury to or death of any person or damage to or destruction of any property caused by
the negligent acts or willful misconduct of Contractor,its agents or employees,and(2)any violation of federal or state law,
Terms and Conditions(T-0)
Rev.12/16/19
Page 2 of 3
DocuSign Envelope ID:903280D1-4146-40F1-9023-C47A4250EF4B
DocuSign Envelope ID: F2ED9E78-C862-4BE5-6984-24CE73BAC632
F.T*N
Powering Business Noddwide
regulation,order,rule or of any other governmental authority having jurisdiction by Contractor,its employees or agents,while
Contractor is performing work on site. The Indemnified Party shall cooperate in a reasonable manner to provide information and
access to personnel related to the defense of any indemnified claim.
15. LIABILITY: The remedies of the Customer set forth in this Agreement are exclusive and are its sole remedies for any failure
of Contractor to comply with its obligations hereunder. IN NO EVENT SHALL CONTRACTOR OR CUSTOMER,OR THEIR
RESPECTIVE OFFICERS,DIRECTORS,EMPLOYEES OR AGENTS BE LIABLE TO THE OTHER FOR ANY AND ALL CLAIMS
ARISING OUT OF(A)DAMAGE TO PROPERTY OR EQUIPMENT,OTHER THAN DIRECT DAMAGES TO EQUIPMENT SOLD
OR SERVICED HEREUNDER,OR(B}ANY INCIDENTAL,INDIRECT,SPECIAL,PUNITIVE,OR CONSEQUENTIAL DAMAGES,
SUCH AS,BUT NOT LIMITED TO,DELAY DAMAGES,LOST PROFITS OR REVENUE, LOSS OF DATA,LOSS OF USE OR
LOST OPPORTUNITY THAT RESULT FROM OR IN CONNECTION WITH ANY CLAIMS)OR CAUSE(S)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. WITH THE EXCEPTION OF THIRD PARTY CLAIMS FOR BODILY
INJURY,PROPERTY DAMAGE DEATH,GROSS NEGLIGENCE OR WILLFUL MISCONDUCT,THE TOTAL CUMULATIVE
LIABILITY OF CONTRACTOR ARISING FROM OR RELATED TO THIS AGREEMENT WHETHER THE CLAIMS ARE BASED IN
CONTRACT,IN TORT(INCLUDING NEGLIGENCE OR STRICT LIABILITY)OR OTHERWISE,SHALL NOT EXCEED THE
PRICE OF THE PRODUCT OR SERVICES ON WHICH SUCH LIABILITY IS BASED.
16. PAYMENT: All payments are due net thirty(30)days in full from the date of invoice,unless otherwise mutually agreed upon
in writing. Customer shall be invoiced for,and shall pay for,all Service not expressly provided for by the terms,such as site calls
Involving no-fault found inspections where no corrective maintenance was required. Contractor reserves the right to refuse to
provide any further Service until all due payments have been received. In the event of an early termination:i)Customer is liable
for any Service performed prior to the effective date of termination;and(ii)Contractor,at its discretion,will provide a credit against
any advance payments received as follows:a)for fixed-rate Agreements,a pro-rated amount based on the terminated portion of
the fixed-price fee due Contractor;or b)for any new work outside of the Services provided in this Agreement,an amount based cn
the difference between the amount paid by Customer prior to the effective date of early termination and the actual cost of Service
completed(including emergency repair calls)by Contractor prior to the effective date of early termination,or c)for pre-paid multi-
year contracts if Customer terminates the Agreement partway through the Agreement term,Customer will be entitled to a refund of
the unused portion of the contract MINUS the applied discount for the pre-payment.
17. TAX: Contractor's price is exclusive of any applicable tax. All orders will be subject to applicable sales tax unless a current
tax exemption certificate is on file with Contractor covering the state where Covered Equipment under this Agreement is located_
18. PARTS: Unless otherwise agreed to by the parties in writing,all parts removed for replacement shall be Contractor's
property. Parts used from Customer-awned spare parts kit shall be replaced by Contractor at no cost. Replacement parts shall be
new or of the same quality as new.
19. FORCE MAJEURE: Seller shall not be liable for failure to perform or delay in performance due to fire,flood,strike or other
labor difficulty,act of God,act of any governmental authority or of the Buyer,riot,embargo,fuel or energy shortage,car shortage,
wrecks or delays in transportation,or due to any other cause beyond Seller's reasonable control.In the event of delay in
performance due to any such cause,the date of delivery or time for completion will be extended by a period of time reasonably
necessary to overcome the effect of such delay.
20. CHOICE OF LAW: This Agreement shall be construed in accordance with and governed by the laws of the State of Ohio,or
in the jurisdiction where the Service has been performed.
21. MODIFICATION OR WAIVER: The terms and conditions of this Agreement cannot be modified or waived except by a writing
signed by the parties and waiver by Contractor or Customer of any provision in anyone 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.
Eaton is a trademark of Eaton Corporation.
Terms and Conditions(T-0)
Rev. 12116M 9
Page 3 of 3
DocuSign Envelope ID:903280D1-4146-40F1-9023-C47A4250EF4B
DocuSign Envelope ID:F2ED9E78-C862-4BE5-8984-24CE73BAC632
..I" 1
T*N
Powering Business Worldwide
Time and Material Service Rate Schedule (2018)
Attachment X-1
The following rate schedule applies to all services rendered on non-contracted and non-warranty equipment and to
aff services performed on contracted equipment where the service performed is outside the scope of the contracted
coverage. Labor rakes are based on the actual time of delivery. Specific contract customers may be eligible for
discounts on time and material charges-
3-Phase Products-Postal to Portal Labor per Hour(On-site and Travel Time)
Mon.—Fri., Business Hours(8AM—5PM): $275
Mon.—Fri.,After Business Hours(5PM—8AM)- $355
Weekends and Holidays(Saturday 12:01AM—Sunday Midnight): $440
WA State Electrician Adder Per Hour for On-Site Work Done in State of Washington $150
3-Phase Products-Minimum Labor Billing(minimum value range equal to above rates x hourly min.)
Equipment below 200kVA, Five day or less response(4 hour min.): $1,100 to$1,760
Equipment 200kVA and above or Multi Module, Five day or less response(6 hour min.): $1,650 to$2,M
Equipment 200kVA and above or Multi Module,Two day or less response(8 hour min.)- $2,200 to$3,520
1-Phase Products-Portal to Portal Labor per Hour(On-site and Travel Time)
Mon.—Fri., Business Hours(8AM—5PM): $220
Mon.—Fri.,After Business Hours(5PM—8AM),Weekends and Holidays: $355
WA State Electrician Adder Per Hour for On-Site Work Done in State of Washington $150
1-Phase Products-Minimum Labor Billing (minimum value range equal to above rates x hourly min.)
Five day or less response(4 hour min.): $880 to$1,420
Two day or less response(8 hour min.): $1,760 to$2,840
Travel&Living Expenses
Transportation;
3-Phase Products: Automobile mileage included in labor rates
1-Phase Products: Automobile mileage at$0,75 per mile
All others(air fare,car rental,tolls,etc.): Actual
Lodging&Meals: Actual
Calculation of Labor and Mileage Charges: Portal to Portal(travel labor and mileage)
MaterialslSpare Parts: Current List Price
Minimum billing; $150 Domestic,$350 International
Parts Expedite Fees
Mon.—Fri., Business Hours(8AM—5PM): $150
Mon.--Fri.,After Business Hours(5PM—8AM): $330
Weekends and Holidays: $525
Freight Expense
Freight—FOB Factory: $100 Minimum
Same Day Delivery: $250 plus freight
Depot Repair Labor: $150 per hour
Minimum Billing: $150
Expediting Fee: $125
Note:For T&M Services,3-Phase products include Eaton BladeUP5 and Eaton 9155.
Eaton Corporation Revision: July 30, 2018
Attachment X-1 Time and Material Rate Schedule
DocuSign Envelope ID:903280D1-4146-40F1-9023-C47A4250EF4B
DocuSign Envelope lU F2ED9E78-C862-4BE5-B984-24CE73BAC632
F I
.T*N
Powering Business Muldwide
Electronics (UPS Power Module, DC, PDU, Flywheel) Preventive
Maintenance
Scope of Work
Attachment R-2
This scope of work is shared by the following power quality equipment types: Eaton UPS, Eaton
PDUIPDRIRPPISTS,Eaton DC,Vycon Flywheel and Nan-Eaton equipment JMVS). Note the
applicable features vary by type of equipment being contracted and additional scopes of work may be
required.
The following is an outline of general checks performed during an Eatono PreventiveMaintenance of the
Eaton UPS Power Module normally performed by Eaton field service personnel. All checks are designed
to be performed during off line operation, in the bypass mode. All checks or processes may not be
applicable to all equipment types or models.
1. Visual inspection
a. Inspect all printed circuit board connections for cleanliness, swab contacts if necessary.
b. Inspect all power connections for signs of overheating
c. Inspect all subassemblies, bridges and legs for signs of component defects or stress
d. Inspect all DC capacitors for signs of leakage
e. Inspect all AC capacitors for signs of leakage
f. Inspect and inventory all customer-owned spare parts
g. Inspect for, and perform as required,any open engineering changes
h. If work is completed under a PowerTrustTI Ultra contract, inspect battery monitoring
system
2. Internal Operating Parameters
a. DC Ground Detection Offset(if applicable)
b. Inverter leg current average balance(if applicable)
c. Output filter current average phase balance
d. Rectifier bridge current average leg balance
e. AC Protection settings are checked
f- DC Protection settings are checked
g. Input and Output Frequency and Voltage Bandwidth settings are checked
h. Verify DC filter capacitance
i. Verify AC tank and trap filter capacitance
j. Power Supply voltages and waveforms
k. Update firmware as necessary with customer approval(parts if required are included at
no charge under service agreements with full parts coverage, otherwise billable)
I. Evaluate Field Service Bulletins(FSBs)for potential updates (parts if required are
included at no charge under service agreements with full parts coverage, otherwise
billable)
3. External Operating Parameters
a. System Input Voltages(all phases)
b. System input Currents(all phases)
c. DC Charging Voltages(float and equalize), record settings, adjust to nominal
d. Rectifier phase on and walk up
e. Inverter phase on and walk up
Scope of Work Attachment R-2
Revision 10114
Page 1 of 2
DocuSign Envelope ID:903280D1-4146-40F1-9023-C47A4250EF4B
DocuSign Envelope ID:F2ED9E78-CB62-4BE5-B984-24CE73BAC632
F i
.T*N
POAerrrig&J.-W1CSSWOTI( rde
If. Adjust all panel meters to measured values
g. System Bypass Voltages(all phases)
h. Manual and UV Transfer Testing,verify uninterrupted transfer waveform (if applicable)
I. Outage simulation, and battery capability testing, and verify charger current limit
j. Generator operation and interface verification (if applicable)
4. Environmental Parameters
a. UPS area ambient temperature and condition of ventilating equipment
b. General Cleanliness of UPS Power Module
c. General Cleanliness of UPS area
d. Replace air filters as applicable and necessary(parts if required are included at no
charge under service agreements with full parts coverage, otherwise billable)
e. Clean outside of UPS including control panel/CRT screen
f. Flywheel only: Drain oil and change oil and filters NOTE: One(1)oil and filter change
per year.
5. Battery Cabinet Checks
a- General appearance of Battery System (all types)
b. General cleanliness of Battery System area (all types)
c. inspect cells for physical abnormalities
d. Inspect all DC connections for abnormalities
e- Battery System area ambient temperature and condition of ventilating equipment
f. For internal batteries only measure and record:
L Overall battery float voltage
H. Charger output current and voltage
W. Negative terminal temperature of one cell/battery per battery cabinet shelf or rack
tier
iv. Momentary load testing of cells < 100 watts(e.g. 9E, 9x55, not 9330)
S. Monitoring System Parameters
a. Alarm archive review and printing
b. Alarm lamp test-local and remote (if applicable)
c. Replace all open monitor bulbs
d. If work is completed under a PowerTrust Ultra contract, inspect battery monitoring system
e. Review Battery Test in history(if applicable)
T. General
a. Customer Consultation
b. Verbal Recommendations
c. General Observations
Following the Preventive Maintenance inspection, a written report will be provided detailing the results of
the inspection, and making specific recommendations toward future remedial action, upgrades,or
sparing.
Eaton and PowerTrust are trade names,trademarks,and/or service marks of Eaton Corporation or its subsidiaries and affiliates.
Scope of Work Attachment R-2
Revision 10/14
Page 2 of 2
DocuSign Envelope ID:903280D1-4146-40F1-9023-C47A4250EF4B
❑ocuSign Envelope ID:F2ED9E78-C862-4BE5-B984-24CE73BAC632
Em,kT*N
Powering Business Worldwide
Eaton ProACtive Service Plan
Scope of Work (SOW)
Attachment R-S
The terms and conditions in this SOW are in addition to and are incorporated by reference into the T-D
Service Agreement—Terms and Conditions ("Service Agreement"). Terms that are capitalized in this
SOW shall have the same meaning ascribed to them in the Service Agreement, unless stated otherwise
in this SOW. In case of any conflict between this SOW and the Service Agreement,the terms and
conditions of this SOW shall control.
This SOW is shared by the power quality equipment types listed in the below table. Note the applicable
features vary by type of equipment being contracted and additional scopes of work may be required. All
checks or processes may not be applicable to all equipment types or models.
Corrective Electronics Battery PredictPulse Tech
Equipment Type Maintenance Preventive Preventive Remote Support Discounts
Coverage Maintenance Maintenance Monitoring
Eaton UPS Yes Yes No Yes Yes Yes
Eaton DC Yes Yes No No Yes Yes
Eaton Yes Yes No No Yes Yes
PDUIPDRIRPPISTS
Flywheel Yes Yes No No Yes Yes
Non Eaton Yes Yes No No Yes No
equipment(MVS)
1. Electronics Corrective Maintenance Coverage: Inspection and repair of the electronic portion
of the LIPS(or other equipment type),or"Power Module"shall be performed as needed during
the contracted period of maintenance at no extra charge to Customer. Remedial maintenance
provided by Contractor shall include, and be expressly limited to, maintenance to the Power
Module, travel expenses,all necessary parts replacement, adjustments and repairs. If the
Customer maintains Eaton spare parts at the maintenance site, Contractor may, at its option, use
those spare parts in the performance of Corrective Maintenance and shall replace the spare
parts,which it so uses, at no cost to the Customer. Exclusions:certain wear parts are excluded
from electronics corrective coverage including batteries and full capacitor replacement.All
Corrective Maintenance to Battery System, if any, will be in accordance with battery
manufacturers'warranty or separate agreement, if any. For Flywheel coverage: any failure due
to lack of recommended bearing replacement, vacuum pump replacement(or"major
maintenance"per manufacturer recommendation)will not be included under corrective
maintenance coverage and will be billable at current time and material rates_ Eaton 9399 and
9395 UPS models have a special policy on capacitor replacements: DC electrolytic capacitors are
eligible for inspection and repair at no extra charge(excludes oil filled AC and ❑C capacitors). In
the 9390 and 9395 models, only the oil filled AC and DC capacitors will be recommended for
replacement cycles.
2. Electronics Preventive Maintenance: One(1)annual 7x24 UPS for other equipment type)
Power Module Preventive Maintenance—Calibration of all metering and protective features.
Functional testing of all transfer conditions. Inspection of online performance and equipment
history. Examination of interfaces to other Powertrain equipment. Visual check on batteries and
battery environment.Written evaluation providing a record of equipment performance.A
Scope of Work Attachment R-6
Revision 11115
Page 1 of 2
DocuSign Envelope ID:903280D1-4146-40F1-9023-C47A4250EF4B
❑ocuSign Envelope ID:F2ED9E78-C862-4BE5-B984-24CE73BAC632
F L
.T*N
Powering Business Wnr/riwide
Contractor will perform the Preventive Maintenance at the time requested by Customer during the
CPM. For Flywheel: major maintenance is excluded and is sold separately upon request per
recommended interval. See Attachment R-2,UPS Power Module Preventive Maintenance
Scope of Work.
3. Battery Corrective Maintenance Coverage JlLimited to 9155 UPS and BladeUPS): Inspection
and repair of the internal battery portion of the UPS(or other equipment type), or"Internal
Battery" shall be performed as needed during the contracted period of maintenance at no extra
charge to Customer. Remedial maintenance provided by Contractor shall include, and be
expressly limited to, maintenance to the Internal Battery, travel expenses, all necessary parts
replacement, adjustments and repairs. External battery coverage, if applicable, must be
purchased separately if external batteries or battery cabinets exist.
4. PredictPulsWm Remote Monitoring & Management Service-Contractor will provide remote
monitoring service of subscribed Customer Equipment, The PredictPulseV, remote monitoring
service includes the collection of status, alarm, and performance information and data from
network-connected Covered Equipment,and the analysis and monitoring of such information and
data to provide alarm notifications and reports to Customer. See Attachment R-32,
PredictPulse Remote Monitoring Service Scope of Work.
5. 7x24 Technical Support:technical support via telephone or email to Contractor shall be
available to answer product or support questions.
6. Customer Wet,Account Access: Contractor will provide Customer with web-based access to
account information and site service records.Access will be password restricted for maximum
security of Customer records. A history of service performed, as well as scheduled service calls
will be available.
7. Discounts on spare part kits and upgrades: Contractor will provide a 30%discount on time
and material services like standby scheduled service(battery replacements, recertification and
custom quoted ({fixed price))services are ineligible for discounts),optional spare part kits(not
individual parts)and any field upgrade or modification performed by Eaton. Spare part kits are
defined as an"A", "B", "C"or"D" level spare kit comprising between 80%and 10%of the
replaceable parts for a specific Eaton product.
The Customer shall,from the commencement date of the Service Agreement, maintain the LIPS Power
Module in accordance with the published operating specifications for the Power Module at the time of
purchase. The Customer shall, unless otherwise specified in the Service Agreement, maintain the Battery
System in strict accordance with the Battery System manufacturer's recommended maintenance
guidelines.
P red ictPuIse is a trademark of Eaton Corporation and Eaton is a trade name,trademark and/or service mark of Eaton Corporation
or its subsidiaries and affiliates.
Scope of Work Attachment R-6
Revision 11/15
Page 2 of 2
DocuSign Envelope ID:903280D1-4146-40F1-9023-C47A4250EF4B
DocuSign Envelope ID:F2ED9E78-CS62-4BES-8984-24CE73BAC632
F:T•N
Powering Business Worldwide
Eaton PredictPulse m Remote Monitoring Service
Scope of Work (SOW)
Attachment R-32
The terms and conditions in this SOW are in addition to and are incorporated by reference into the T-0
Service Agreement--Terms and Conditions("Service Agreement"). Terms that are capitalized in this
SOW shall have the same meaning ascribed to them in the Service Agreement, unless stated otherwise
in this SOW_ In case of any conflict between this SOW and the Service Agreement,the terms and
conditions of this SOW shall control.
DEFINITIONS. The following terms shall have the following meanings whenever used in this SOW:
"PredictPulse Service"means Contractor's PredictPulse'"' remote monitoring service,which includes the
collection of status, alarm, and performance information and data from network-connected Covered
Equipment, and the analysis and monitoring of such information and data to provide alarm notifications
and reports to Customer and/or its Users.
"Equipment Data" means all Covered Equipment status, alarm, and performance information and data
that is collected, analyzed, generated, displayed, and reported in connection with the PredictPulse
Service and all information and data about Customer's and/or its Users' use of, and interaction with, the
PredictPulse Service. For avoidance of doubt, Equipment Data does not include any Personal Data or
any information or data relating to the identity of Customer,which would specifically link or associate
Customer with such Covered Equipment status, alarm,and performance data or such use and interaction
data.
"Customer Equipment Data"means Equipment Data combined with any information or data that is
inputted into the PredictPulse Service by a User relating to the identity of Customer, which specifically
links or associates Customer with the Equipment Data.
"Personal Data"means all personally identifiable information and data relating to employees or agents of
Customer, Users,or other individuals, including without limitation, the name,title, employer, address(es)
(residential and/or business),email address(es){personal and/or business), and phone number(s)
(personal and/or business)of such employees, Users, and other individuals, which is inputted into the
PredictPulse Service by Users.
"User"means any individual who uses or accesses the PredictPulse Service on Customer's behalf or
through Customer's account or passwords, whether authorized or not.
1. PredictPulse Service Description and Customer Requirements
1.1 Contractor will provide the PredictPulse Service on subscribed Covered Equipment. The
PredictPulse Service shall include alarm notifications via a dashboard, mobile application, and monthly
report summarizing alarms and Equipment Data.
a. Access to the PredictPulse Service shall be from Contractor's web portal and include
Covered Equipment status, alarms, reports and service history.
b. Contractor's obligation shall be to enable enrollment in the PredictPulse Service by
Customer, validation of the PredictPulse Service, and to notify Customer contact when a
critical alarm occurs.
c. Contractor will remotely diagnose critical alarms and if appropriate, resolve emergency
events as if Customer has requested Covered Equipment Service, enabling Contractor to
arrive at the location of the Covered Equipment per the contracted CPM hours. If subscribed
Scope of Work Attachment R-32
Revision 11/15
Page 1 of 3
DocuSign Envelope ID:903280D1-4146-40F1-9023-C47A4250EF4B
DocuSign Envelope ID:F2ED9E78-C862-4BE5-Bg84-24CE73BAC632
UJAXoN
Powering BUsmoss Worldwide
Covered Equipment has no contracted Covered Equipment Service coverage other than the
PredictPulse Service, Contractor's obligation will solely be to notify Customer contact when a
critical alarm occurs.
d. Display and availability Equipment Data will vary and depend on the Covered Equipment,
connectivity equipment and access to Customer provided network.
1.2 The PredictPulse Service will only be available if Customer provides and supports a CATS
LAN/Ethernet cable connected to Customer's email server or equivalent network (along with necessary
network configuration information(including I addresses)to facilitate connectivity).
1.3 Covered Equipment will continue to transmit Customer Equipment Data to Contractor until
Customer disconnects or disables the network connection. Upon termination of the PredictPulse Service,
Customer is responsible for disconnecting or disabling any Covered Equipment from Customer's network
connection. Contractor will not be responsible for notifying or reminding Customer that it must disconnect
or disable any Covered Equipment from Customer's network connection after termination of the
PredictPulse Service. Contractor will continue to own the Equipment Data and not incur any liability as a
result of Customer's failure to disconnect or disable any Covered Equipment from the network
connection.
1.4 Customer shall register at www.my.eaton.com with a valid email address, self-maintain a complex
password; and contact information in order to access the PredictPulse Service.
1.5 Connectivity Equipment Excluded--Customer shall be responsible for purchasing and/or
upgrading compatible connectivity equipment required to support the PredictPulse Service.
1.6 Parts and labor coverage for all Covered Equipment is separate from the PredictPulse Service.
2. Data
2.1. Unless it receives Customer's prior written consent, Contractor: (a) shall not disclose to third
parties or publish Customer Equipment Data and (b) shall not intentionally grant any third party access to
Customer Equipment Data. Notwithstanding the foregoing, Contractor may disclose Customer Equipment
Data as required by applicable law or by proper legal or governmental authority. Contractor shall give
Customer prompt notice of any such legal or governmental demand and reasonably cooperate with
Customer in any effort to seek a protective order or otherwise to contest such required disclosure, at
Customer's expense.
2.2. Contractor shall own all Equipment Data and all results from processing such data, including
without limitation,compilations and derivative works of such data. Contractor may use such Equipment
Data for any purpose, including without limitation,for data mining, analysis and trending purposes, and
may disclose Equipment Data to third parties without Customer's consent for any purpose, including
without limitation, for comparison and reliability reporting.
2.3. Contractor collects Personal Data from Users of the PredictPulse Service for the purpose of
allowing Eaton to provide the PredictPulse Service to Customer. Contractor does not sell Personal Data
disclosed to it through the PredictPulse Service, but it may transfer such Personal Data outside of the
United States and share the information with third parties that Contractor retains to provide services on its
behalf and to Contractor's sales representatives, which include third parties. In addition, Contractor may
disclose Personal Data it collects as required by law, an arbitral body, a court of competent jurisdiction, a
law enforcement agency, or any other government agency, and may disclose personal information it
collects when it believes it is appropriate to prevent physical or financial loss or in connection with an
investigation of suspected or actual illegal activity. If a User desires to withdraw its consent to Contractor's
use of his/her Personal Data in connection with the PredictPulse Service, such User can submit a request
to Contractor to remove his/her Personal Data from the PredictPulse Service at the following email
address: iam(cDeaton.com or auto link mailto:iam@eaton.com, specifying removal of your Personal Data
from the PredictPulse Service. Following receipt of such request, Contractor will remove all of such
User's Personal Data from the PredictPulse Service. If a User withdraws his/her consent to Contractor's
Scope of Work Attachment R-32
Revision 11115
Page 2 of 3
DocuSign Envelope ID:903280D1-4146-40F1-9023-C47A4250EF4B
DocuSign Envelope ID:F2ED9E78-C862-4BE5-B984-24CE73BAC632
F.T*N
Powering Busihoss Woddwide
use of Customer's Personal data as described in this Agreement, Contractor may terminate such User's
Customer's access to the PredictPulse Service. To the extent that a User inputs or otherwise provides in
the PredictPulse Service the Personal Data of another individual, whether or not an employee of
Customer or whether or not such individual is another User of the System ("Other Individual'), Customer
represents that it has obtained such Other Individual's prior written consent to: 1) allow such User to input
such Other Individual's Personal Information into the PredictPulse Service and 2)the foregoing Personal
Data privacy terms. Customer shall have sole responsibility for any violation of privacy laws as a result of
its failure to obtain the Other Individual's prior written consent as described in the preceding sentence.
2.4. Contractor makes no warranty regarding, and has no obligation with respect to, the accuracy,
completeness, or omissions of any Customer Equipment Data or any report, alarm, notification,or
recommendation generated or not generated by the PredictPulse Service based on the Customer
Equipment Data. Customer must use reasonable judgment in interpreting this data and information, and
contact his or her local Eaton sales representative or Contractor Technical Support with any questions.
2.5. Customer recognizes and agrees that hosting data online involves risks of unauthorized
disclosure or exposure and that, in accessing and using the PredictPulse Service, Customer assumes
such risks. To the extent permitted by law, Contractor offers no representation,warranty, or guarantee
that Customer Equipment Data and/or Personal Data will not be exposed or disclosed through errors or
the actions of third parties.
3. Customer Restrictions
3.1. Customer shall not: (a) use the PredictPulse Service for any purpose other than for its intended
purpose or otherwise misuse the PredictPulse Service; (b) provide PredictPulse Service passwords or
other log-in information to any third party; (c)share non-public PredictPulse Service features or content
with any third party; (d)access the PredictPulse Service in order to build a competitive product or service,
to build a product using similar ideas, features, functions or graphics of the PredictPulse Service, or to
copy any ideas,features, functions or graphics of the PredictPulse Service; (e) attempt to penetrate or
disable any security system, or intentionally distribute a computer virus, launch a denial of service attack,
or in any other way attempt to interfere with the functioning of the PredictPulse Service, including without
limitation any computer,communications system, or website associated therewith; or(f)attempt to access
or otherwise interfere with the accounts of other users of the PredictPulse Service_ In the event that it
suspects any breach of the requirements of this Section 3.1, including without limitation by Users,
Contractor may suspend Customer's use of the PredictPulse Service without advanced notice, in addition
to such other remedies as Contractor may have. This Agreement does not require Contractor to take any
action against Customer or any User or other third party for violating this Section 3.1 or this Agreement,
but Contractor is free to take any such action it sees fit.
PredictPulse and Eaton are trademarks of Eaton Corporation.
Scope of Work Attachment R-32
Revision 11115
Page 3 of 3
DocuSign Envelope ID:903280D1-4146-40F1-9023-C47A4250EF4B
DocuSign Envelope ID:F2ED9E78-C862-4BE5-B984-24CE73BAC632
F J*N
PoNenng Business Worldwide
Eaton Ancillary Device Parts and Labor Coverage
Scope of Work
Attachment R-1 D
If Customer has purchased Corrective Maintenance Coverage for the UPS"Power Module"and ancillary
devices are directly connected to the covered equipment, parts and labor coverage may extend to the
ancillary device based on the device type. "Directly connected" is defined as electronically controlled or
interfaced to a Power Module. Ancillary devices may be eligible for optionally purchased parts and labor
coverage.
Regardless of ancillary device parts and labor coverage, preventive maintenance of these ancillary
devices is limited to inspection and testing via an optionally purchased UPS Power Module(or other
device)preventive maintenance scope of work. There shall be no separate field activity report beyond
the relevant comments from the UPS preventive maintenance report(FAR).
Covered ancillary device types (if connected to covered equipment,these devices assume parts and
labor coverage of covered equipment):
• SBM(System Bypass Module), which includes UL 1778"Uninterruptible Power Systems"version
-Ancillary coverage includes static switch but only if parts and labor coverage is purchased on all
associated UPS modules
• SSBM(Switchboard System Bypass Module),which includes UL 891 "Switchboards" version or
UL1558"Metal-Enclosed Low-Voltage Power Circuit Breaker Switchgear"version-Ancillary
coverage includes static switch but only if parts and labor coverage is purchased on all
associated UPS modules
• MBP-Maintenance Bypass Panel
• IAC- Integrated Accessories Cabinet
■ Remote monitor panel
• Not Tie
• Parallel cabinet
• Battery cabinet and battery breakers(excludes battery jars, cells or battery parts)
Covered components within covered ancillary devices shall include the electronic control portion
designed and built by Eaton (Powerware series)for metering, monitoring, and controls for transferring
of loads. Items covered include logic boards, power supplies, relays, and control circuitry, SSBM
displays, Hot-Tie Display and programmable logic controllers(PLC).
Excluded components within covered ancillary devices shall be: circuit breakers, power quality
metering, transient voltage surge suppressors(TVSS), metering and switches, non-UPS operation
related control circuitry, non-UPS operation related programmable logic controllers(PLC).
Excluded ancillary device types(parts and labor coverage may be optionally purchased):
• Batteries(EBM, EBC)
• Battery Monitoring Systems
■ IDC--Integrated Distribution Cabinet
• Switchgear(coverage not available for purchase)
• Standalone STS-Static Transfer Switch device(e.g., Cyberex Switch)
• PDU-Power Distribution Unit
Scope of Work Attachment R-10
Revision 2/15
Page t of 2
DocuSign Envelope ID:903280D1-4146-40F1-9023-C47A4250EF4B
DocuSign Envelope ID:F2ED9E78-C862-4BE5-B984-24CE73BAC632
F.T*N
Paxrering Business Worldwide
• PDR—Power Distribution Rack
• RPP—Remote power Panel
• EMS-UGK
■ Battery Disconnect Circuit Breaker
• Flywheel
• ATS/MTS—Automatic or Manual Transfer Switch
• TVSS—Transient Voltage Surge Suppressor
• PFC—Power Factor Correction
• ePDU
• Racks and cabinets
• Software(e.g., Foreseer)
Eaton is a trade name,trademark and/or service mark of Eaton Corporation or its subsidiaries and affiliates.
J
Scope of Work Attachment R-10
Revision 2115
Page 2 of 2
SECLlR E❑
Certificate Of Completion
Envelope Id:903280D141464OF19023C47A4250EF4B Status:Completed
Subject:CIT-25310
Source Envelope:
Document Pages:20 Signatures: 1 Envelope Originator:
Certificate Pages:8 Initials:0 Eaton Contracts
AutoNav:Enabled 1000 Eaton Blvd
Envelopeld Stamping:Enabled Cleveland,OH 44122-6058
Time Zone:(UTC-08:00)Pacific Time(US&Canada) eatoncontracts@eaton.com
IP Address: 192.104.67.8
Record Tracking
Status:Original Holder:Eaton Contracts Location:DocuSign
9/22/2020 1:23:32 PM eatoncontracts@eaton.com
Signer Events Signature Timestamp
Christopher J Butler [DI-Signed by: J Sent:9/22/2020 1:25:42 PM
ChristopherJButler@eaton.com Viewed:9/22/2020 1:28:42 PM
SVP/GM 3as,cs4FE8534CA... Signed:9/22/2020 1:28:47 PM
Eaton
Security Level:Email,Account Authentication Signature Adoption:Drawn on Device
(None) Using IP Address:47.133.8.154
Electronic Record and Signature Disclosure:
Accepted:9/22/2020 1:28:42 PM
ID:e68b9071-4f45-4837-a3fd-77064a4777c3
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Hero K Joyner Sent:9/22/2020 1:25:42 PM
HeroKJoyner@Eaton.com COPIED
SVP/GM
Del Misenheimer
Security Level:Email,Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jennifer Day E Sent:9/22/2020 1:25:42 PM
JenniferDay@Eaton.com OPIViewed:9/22/2020 1:36:07 PM
Security Level:Email,Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 9/22/2020 1:25:42 PM
Certified Delivered Security Checked 9/22/2020 1:28:42 PM
Signing Complete Security Checked 9/22/2020 1:28:47 PM
Completed Security Checked 9/22/2020 1:28:47 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
Electronic Record and Signature Disclosure created on:2/21/2020 5:04:25 AM
Parties agreed to:Christopher J Butler
EATON PERSONAL DATA POLICY FOR DOCUSIGN
Effective Date: January 28, 2019. Revised in: February 2020
1, Eaton Corporation and its affiliates in the World(collectively, "Eaton,"or"we," "us,"
"our")respect your concerns about Personal Data protection and value our relationship with you.
This Personal Data Policy for DocuSign(the "Policy") applies solely to Personal Data(described
below) collected through the DocuSign platform which allows you to sign electronically
agreements and documents for which you are a signatory.
This Policy describes the types of personal data we collect through DocuSign and how that
personal data may be used and/or with whom it may be shared.
Legal Processing. The legal ground for processing your Personal Data(described below)
through DocuSign is based upon the legitimate interest of Eaton to manage in an efficient,
effective, costless, standard, automated manner the signature of contracts and other documents
required for running Eaton's regular, ongoing business activities. Further, the signature of
contracts and documents through DocuSign could be in some cases required to comply with
contractual obligations. Finally, in certain cases and in certain countries the use of DocuSign
platform to sign contracts and documents may require your clear affirmative act of providing
consent, where the applicable laws do not provide otherwise; in these cases, your consent will be
required.
Please read this Policy carefully,because by using DocuSign you are acknowledging that you
understand the terms of this Policy. In addition, please review our Terms &Conditions and
Eaton Privacy Policy and Cookies Policy, which governs your use of the Sites and any content
you submit to the Sites, and our use of cookies. hllps://www.eaton.com/content/eaton/us/en-
us/compgpy policies-and-statements/privacy-cookies-and-data-protection.html.html.
2. Obtaining Paper Copies.You will have the ability to download and print agreements
documents we sent to you through the DocuSign system during and immediately after the
signing session and, if you elect to create a DocuSign account, you may access the documents for
a limited period of time (usually 30 days) after such documents are first sent to you.
3.DocuSign System Requirements and Electronic Signatures,Withdrawing from using
DocuSign,.
DocuSign System Requirements:
The minimum system requirements for using the DocuSign system may change over time. The
current system requirements are found here: https://sul)port.docusi n�guides/signer- ug ide-
signing_-system-requirements.
Electronic Signatures:
You agree that if you decide to receive agreements from us electronically for your signature that
the electronic signatures appearing on the contract document are the same as handwritten
signatures for the purposes of validity, enforceability and admissibility. DocuSign will
automatically provide via email an executed copy of the fully executed contract document at the
end of the approval workflow.
If you decide to receive agreements from us electronically for your signature, you may at any
time change your mind and inform us that you want to receive them in paper format only. You
may send us an email at DocuSignAnalyst@Eaton.com informing us of that decision (and
withdrawing your consent where that is the legal basis relied upon). If you elect to receive
agreements to be signed in paper format only, it may slow the speed at which we can complete
certain steps in transactions with you and delivering services to you because we will need first to
send the required documents to you in paper format, and then wait until we receive back from
you the signed hard copies. Further, you will no longer be able to use the DocuSign system to
receive required notices and agreements electronically or to sign other documents electronically.
4. Personal Data Protection Policy. Eaton Corporation, a US subsidiary of Eaton based in
Cleveland, will act as the controller(for the purposes of EU and other data protection laws as
relevant) of personal data collected using the DocuSign platform. Other affiliates and
subsidiaries of Eaton also become controllers if your Personal Data is transferred to them for the
purposes and on the legal basis described above. DocuSign will process your personal data as a
processor on behalf of Eaton, therefore we encourage you to visit DocuSign's site and make
yourself aware of their privacy policy as well by following this link:
https://www.docusign.com/compgn /privacy-policy.
This Policy applies to personal data we collect:
Through DocuSign whether through the DocuSign website or the DocuSign mobile application.
In email and other electronic messages between you and Eaton regarding DocuSign.
It does not apply to personal data collected through any other means, including on any other
website operated by Eaton or any third party.
5. Children. Eaton's DocuSign application is not directed to children under 13 years of age, or
such other age as is applicable in other countries as the minimum age for giving consent
("relevant minimum age"). We do not knowingly collect personal data from children under 13 or
other relevant minimum age. If we learn we have collected or received personal data from a child
under 13 or other relevant minimum age without verification of parental consent, we will delete
that data. If you believe we might have any information from or about a child under 13 or other
relevant minimum age, please contact us at DocuSignAnalyst@Eaton.com.
6. Personal Data that We Collect About You and How We Collect It. We collect several
types of information from and about users of DocuSign, hereinafter referred to as "Personal
Data", which is information that identifies an individual or relates to an identifiable individual,
namely:
• Name, Job Title, Mailing address, E-mail address, Telephone number, Mobile telephone
number, IP address, Electronic signature.
• History of actions that individuals take on an envelope (e.g. review and sign) and authentication
methods.
• The user's internet connection and usage details.
How We Collect Personal Data:
Directly from you when you provide it to us.
Automatically as you navigate DocuSign. Personal Data collected automatically may include
usage details, and IP address (that you allow the DocuSign application to access).
7. How We Use Your Information.We use information that we collect about you or that you
provide to us, including any Personal Data, in order to send the contract/document to you and to
receive and validate your electronic/digital signature for the execution of agreements between
Eaton and its customers, suppliers,business partners, employees and potential employees, and to
evidence signature/execution of the contract/document.
8.Who Has Access to Your Personal Data.Your Personal Data may be disclosed to Eaton
subsidiaries and/or affiliates (which will act as data controllers) and/or to authorized third party
companies as data processors (such as DocuSign Inc. and cloud service providers for example)
involved in the electronic/digital signature and storage of Eaton's documents. Such disclosure
shall take place with adequate levels of protection in order to safeguard your Personal Data and
in accordance with the requirements of applicable Personal Data protection and privacy laws.
These companies use your Personal Data as described in this Policy. We may share your
Personal Data during a corporate transaction such as a merger or sale of assets. If a corporate
transaction occurs, we will provide notification of any changes to control of your Personal Data,
as well as choices you may have. Personal Data will not be shared with third parties for their
marketing purposes.
9.Your Personal Data Retention. We will retain your Personal Data generally for six years
from the end of the relevant relationship (this could be with you or the business that employs or
engages you). This is so that we can resolve issues, comply with law and respond to any
complaints, disputes, investigations or proceedings that arise in that period. This period may be
longer in some countries where relevant claims limitation, tax, records or other laws either
require longer retention, or it is in our legitimate interest to keep the personal data to respond to
claims, disputes, investigation or proceedings. Otherwise, we will keep the information where
appropriate for legitimate business needs or if it is necessary for us to do so to comply with the
law. At the end of the relevant retention period, Eaton will delete or anonymize your Personal
Data in a manner designed to ensure that it cannot be reconstructed or read. If this is not possible
(for example,because your Personal Data has been stored in backup archives), then we will
securely store your Personal Data and isolate it from any further processing until deletion is
possible.
10. International Data Transfers. Your Personal Data may be transferred to and processed by
Eaton, DocuSign and other third parties service providers in countries other than the country in
which you are a resident. You can find out more about the relevant countries by visiting
https://www.eaton.com/us/en-us/company/policies-and-statements/privacy-cookies-and-data-
protection/international-data-transfers--privacy-shield-information.html or contacting us (see
below). These countries may have data protection and privacy laws that are different to the laws
of your country. However, we have taken appropriate safeguards to require that your Personal
Data will remain protected in accordance with this Policy. These include implementing between
our group companies and with third parties Standard Contractual Clauses or equivalent
contractual or otherwise binding terms approved by the European Commission or relevant
government or regulatory body under applicable data protection law for protecting transfers of
Personal Data. Further, with respect to the transfer of Personal Data from the EU or Switzerland
to the US based Eaton group companies and onward to third parties, Eaton Corporation,
Cleveland OH USA has certified that it adheres to the US as well as Swiss Privacy Shield
Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and
Purpose Limitation, Access, and Recourse, Enforcement and Liability. You can find more about
the Eaton Privacy Shield certification by visiting hgps://www.eaton.com/us/en-
us/compgpy policies-and-statements/privacy-cookies-and-data-protection/international-data-
transfers--privacy-shield-information.html . Eaton may also transfer Personal Data to third party
service providers in the US who have certified to the relevant Privacy Shield Principles. If there
is any conflict between the policies in this Policy and the Privacy Shield Principles, the Privacy
Shield Principles shall govern. For transfers from the UK to the US or other countries, we will
either apply the relevant Standard Contractual Clauses or the EU-US Privacy Shield Principles,
consistent with the relevant transitional arrangements and endeavor to adopt the relevant
equivalent replacement for it where required, to protect transfers of Personal Data from the UK
in accordance with applicable UK data protection law.
Eaton is subject to the investigatory and enforcement powers of the Federal Trade Commission
(FTC). In that regard, it certifies that it complies with the relevant Privacy Shield Framework
Principles set forth by the United States Department of Commerce, in relation to Personal Data
transferred to it in the US from the European Union, the UK following its exit from the EU and
Switzerland. To learn more about the Privacy Shield programs, the Privacy Shield Principles and
to view our certification page and the U.S. Department of Commerce's Privacy Shield Lists
please visit: hM2s://www.privacyshield4gy/. In compliance with the relevant Privacy Shield
Principles, Eaton Corporation commits to resolve complaints about privacy and collection or use
of Employee Personal Data. Eaton will investigate and attempt to resolve complaints and
disputes regarding use and disclosure of Employee Personal Data in accordance with this Policy.
Individuals with inquiries or complaints regarding this Privacy Notice, or any Data Protection
and Privacy related concerns should first contact Eaton Corporation at: Eaton Corporation Global
Ethics and Compliance Data Protection and Privacy Office 1000 Eaton Boulevard Cleveland,
Ohio 44122 or via email to: dataprotection@eaton.com.
Eaton Corporation commits to cooperate with the EU Data Protection Authorities (DPAs) or the
UK ICO for transfers from the UK in both HR Data and Non-HR Data related queries. Eaton
Corporation commits to cooperate with the Swiss Federal Data Protection and Information
Commissioner's regarding HR data received from Switzerland for use in the context of the
employment relationship.
In the event the Employee is unable to resolve his or her concern through the Company's Global
Data Protection and Privacy Office, the Employee can contact the EU Data Protection
Authorities (DPAs) and following the UK's exit from the EU, the UK ICO for transfers from the
UK). In the event the Employee is unable to resolve his or her concern regarding HR data
received from Switzerland for use in the context of the employment relationship through the
Company's Global Data Protection and Privacy Office, the Employee can contact the Swiss
Federal Data Protection and Information Commissioner.
Under certain conditions, more fully described on the Privacy Shield website
(https://www.privacyshield.gov/), Employees may invoke binding arbitration when other dispute
resolution procedures have been exhausted.
Eaton is responsible for the processing of Personal Data it receives under the Privacy Shield
Framework and subsequently transfers to a third party acting as an agent on its behalf. Eaton
complies with the Privacy Shield Principles for all such onward transfers of Personal Data from
the EU, Switzerland and the UK, including the onward transfer liability provisions. In certain
situations, Eaton may be required to disclose Personal Data in response to lawful requests by
public authorities, including to meet national security or law enforcement requirements.
11.Accessing and Correcting Your Personal Data. Depending on your jurisdiction, you may
have the following rights: to request access to, correct, delete, limit processing, or port any
Personal Data that you have provided to us, and in some cases, to object to the processing of
your Personal Data on legitimate grounds. There are conditions and exemptions to the
application of such rights, which we are entitled to consider. For example, we may not
accommodate a request to change Personal Data if we believe the change would violate any law
or legal requirement, harm the enforceability of the agreement, or cause the Personal Data to be
incorrect. You may send us an email at DocuSignAnalyst@Eaton.com to exercise these rights.
Depending on your jurisdiction you may also have the right to lodge a complaint with your
national data protection supervisory authority. Please see the above section for further contact
information for them.
12.Your California Privacy Rights. Pursuant to Section 1798.83 of the California Civil Code,
California residents have the right to request from a business with whom the California resident
has an established business relationship: (1)What types of personal information, if any, of the
California resident the business shares with third parties for direct marketing purposes of those
third parties; and(2)the identities of the third parties with whom the business has shared such
information in the immediately preceding calendar year. We do not currently share any personal
information collected from the DocuSign system with third parties for their direct marketing
purposes. If you have any questions, comments or requests related to this section,please contact
us by email at dataprotection@eaton.com. A number of states are currently considering enacting
laws similar to the California law mentioned above. If you are a resident of a state that enacts
such a law,please use the contact information below to contact us with any questions, comments
or requests.
Do not Track. The website does not respond to "do-not-track" settings offered through some
internet browsers.
13.Data Security. We utilize physical, electronic and managerial tools to protect Personal Data.
Unfortunately, the transmission of Personal Data via the internet is not completely secure.
Although we do our best to protect your Personal Data, we cannot guarantee the security of your
Personal Data transmitted through DocuSign. Any transmission of Personal Data is at your own
risk.
14. Changes to this Policy. If we make changes to how we treat your Personal Data, we will
notify you by providing a notice at the top of the DocuSign page. The date the Policy was last
revised is identified at the top of the policy page. When prior consent is required by law, we will
obtain your consent to any changes if and where this is required by applicable data protection
laws. If you do not provide updated consent (as required by law), your Personal Data will
continue to be used in a manner that is consistent with the version of this Privacy Policy under
which it was collected or the information will be deleted or anonymized in a manner designed to
ensure that it cannot be reconstructed or read. If this is not possible (for example,because your
Personal Data has been stored in backup archives), then we will securely store your Personal
Data and isolate it from any further processing until deletion is possible.
15.Data Controller Contact Information. If you have any questions or comments about this
Policy or concerns about our processing of your Personal Data,please contact us at:
dataprotection@eaton.com or Attention: Global Data Protection and Privacy Office, Eaton, 1000
Eaton Blvd., Cleveland, OH, USA 44122.
16.Acknowledgement of Personal Data Processing. Please confirm that you have read and
understand this Policy and that: (1)you are able to print on paper or electronically save this
Policy for your future reference and access; or(2) you are able to email this Policy to an email
address where you will be able to print on paper or save it for your future reference and access.
Please select the check-box next to `I have read and understand the Eaton Personal Data Policy
for DocuSign' before clicking `CONTINUE' within the DocuSign system. Note that this
acknowledgement will not be construed as consent under the applicable data protection law,
except for the U.S., Canada, China, Russia, Thailand and Vietnam.
Soto, Vania Elizabeth
From: Strong,JB
Sent: Wednesday, September 23, 2020 2:10 PM
To: Soto,Vania Elizabeth; Midgett, Brenda
Subject: RE: Eaton Contract 53105 Renewal 1 Revised
Yep—it should replace Renewal 1.
John B. Strong (JB)
Senior Assistant City Attorney
200 Texas St.
Fort Worth, TX 76102
(817) 392-7627
John.Strongkfortworthtexas.gov
City of Fort Worth— Working together to build a strong community.
FORT bRTH.
RECIPIENTS- PLEASE CONTACT ME PRIOR TO FORWARDING MESSAGES DESIGNATED AS
ATTORNEY-CLIENT COMMUNICATIONS.
This e-mail and any files transmitted with it are confidential and are intended solely for the use of the individual or entity
to which they are addressed. This communication may contain material protected by the attorney-client privilege. If you
are not the intended recipient or the person responsible for delivering the e-mail to the intended recipient,be advised that
you have received this e-mail in error and that any use,dissemination, forwarding,printing, or copying of this e-mail is
strictly prohibited. If you have received this e-mail in error,please immediately notify John B. Strong at the City of Fort
Worth City Attorney's Office (817) 392-7627.
From: Soto,Vania Elizabeth
Sent:Wednesday, September 23, 2020 1:59 PM
To: Midgett, Brenda <Brenda.Midgett@fortworthtexas.gov>
Cc: Strong,JB<John.Strong @fortworthtexas.gov>
Subject: RE: Eaton Contract 53105 Renewal 1 Revised
Okay well that was not relayed. Naming it revised does not tell our office that we need to replace a document. If
we need to replace the renewal on file with this new document then we need written approval from JB.
Vania E. Soto
Administrative Assistant
City Secretary's Office
817-392-6090
Vania.Sotogfortworthtexas.gov
From: Midgett, Brenda
Sent:Wednesday, September 23, 2020 1:56 PM
To: Soto, Vania Elizabeth <Vania.Soto @fortworthtexas.gov>
1
Cc: Strong,JB<John.Strong@fortworthtexas.gov>
Subject: RE: Eaton Contract 53105 Renewal 1 Revised
Vania, I named it Renewal 1—Revised after consulting with Legal. The first renewal letter was not correct. JB said we
should work with the City Secretary's office to replace renewal 1 with this document. Is that possible?
Thanks,
Brenda Midgett
Sr. Administrative Assistant
Property Management Department
5001 James Ave., Suite 401
Fort Worth, TX 76115
817-392-8086
Brenda.Midgettkfortworthtexas.gov
How am I doing? Please contact my supervisor: Glenn.Baloga-fortworthtexas.gov
City of Fort Worth — Working together to build a strong community.
FoRTWORTH.
Follow Fort Worth
M ��i 7-
From: Soto,Vania Elizabeth
Sent:Wednesday, September 23, 2020 1:51 PM
To: Midgett, Brenda <Brenda.Midgett@fortworthtexas.gov>; Kayser, Mary<Mary.Kayser@fortworthtexas.gov>;Tidwell,
Allison <Allison.Tidwell@fortworthtexas.gov>; Gonzales, Ronald <Ronald.Gonzales@fortworthtexas.gov>
Subject: RE: Eaton Contract 53105 Renewal 1 Revised
Hi Brenda,
I just got it in my inbox but it is incorrect. It says it is Renewal No. 1 but we already have renewal no. 1 on file.
You will need to edit it to state it is Renewal No. 2. Once you do that then you can reroute it without going back
for signature just sent to me to get a contract number. Thank you.
Vania E. Soto
Administrative Assistant
City Secretary's Office
817-392-6090
Vania.Sotogfortworthtexas.gov
2
From: Midgett, Brenda
Sent:Wednesday, September 23, 2020 1:50 PM
To: Kayser, Mary<Mary.Kayser@fortworthtexas.gov>;Tidwell, Allison <Allison.Tidwell@fortworthtexas.gov>; Soto,
Vania Elizabeth <Vania.Soto @fortworthtexas.gov>; Gonzales, Ronald <Ronald.Gonzales@fortworthtexas.gov>
Subject: RE: Eaton Contract 53105 Renewal 1 Revised
Thank you Mary and thank you Ron!
Brenda Midgett
Sr. Administrative Assistant
Property Management Department
5001 James Ave., Suite 401
Fort Worth, TX 76115
817-392-8086
Brenda.Midgettkfortworthtexas.gov
How am I doing? Please contact my supervisor: Glenn.Balogo_fortworthtexas.gov
City of Fort Worth — Working together to build a strong community.
FORT WORTH,,
Follow Fort Worth
Emi W
From: Kayser, Mary
Sent:Wednesday, September 23, 2020 1:49 PM
To: Midgett, Brenda <Brenda.Midgett@fortworthtexas.gov>;Tidwell,Allison <Allison.Tidwell@fortworthtexas.gov>;
Soto,Vania Elizabeth <Vania.Soto@fortworthtexas.gov>; Gonzales, Ronald <Ronald.Gonzales@fortworthtexas.gov>
Subject: RE: Eaton Contract 53105 Renewal 1 Revised
Ron is signing for me and is copied here.
Mary J. Kayser, TRMC MMC
City Secretary
City Secretary's Office
200 Texas Street
Fort Worth, TX 76102
817-392-6161
817-944-8111 (cell)
mary.kayserkfortworthtexas.gov
From: Midgett, Brenda <Brenda.Midgett@fortworthtexas.gov>
Sent:Wednesday, September 23, 2020 1:46 PM
To: Kayser, Mary<Mary.Kayser@fortworthtexas.gov>;Tidwell, Allison <Allison.Tidwell@fortworthtexas.gov>; Soto,
Vania Elizabeth <Vania.Soto @fortworthtexas.gov>
Subject: Eaton Contract 53105 Renewal 1 Revised
3
Ladies, I'm trying to get an invoice related to this contract paid. Tomorrow is the last day to get the contract to
Purchasing so they can create the PSK. Y'all are always very responsive, but I need this by tomorrow noon and wanted
to make sure you saw it. I only need Mary's signature and Vania's info entered.
Thanks. Your help is appreciated!
Brenda Midgett
Sr. Administrative Assistant
Property Management Department
5001 James Ave., Suite 401
Fort Worth, TX 76115
817-392-8086
Brenda.Midgettkfortworthtexas.Rov
How am I doing? Please contact my supervisor: Glenn.Baloga-fortworthtexas.gov
City of Fort Worth — Working together to build a strong community.
FORT WORTH.
Follow Fort Worth
4