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Home My WebLink AboutContract 53105-A5R5Docusign Envelope ID: 61CC5B76-BB6C-460A-8D18-8655F2AF70F8 CSC No. 53105-A5R5 FIFTH AMENDMENT TO AND FIFTH RENEWAL OF CONTRACTOR SERVICES AGREEMENT FOR UNINTERRUPTABLE POWER SUPPLY EQUIPMENT FORT WORTH CITY SECRETARY CONTRACT NO. 53105 This Fifth Amendment to and Fifth Renewal of the CONTRACTOR SERVICES AGREEMENT FOR UNINTERRUPTABLE POWER SUPPLY EQUIPMENT ("Amendment and Renewal"), Fort Worth City Secretary Contract No. 53105, between the CITY OF FORT WORTH ("City"), a Texas home rule municipal corporation and EATON CORPORATION ("Contractor"), a Texas Corporation, each individually referred to as a "party" and collectively referred to as the "parties." WHEREAS City, through its Property Management Department, and Contractor entered into an agreement for uninterruptable power supply services, said agreement being identified as Fort Worth City Secretary Contract No. 53105 and having an effective date of November 20, 2019 (the "Agreement"); and WHEREAS the Agreement was amended for the first time on June 3, 2020 (Fort Worth City Secretary Contract No. 53105-A1) to change the Agreement's effective date to May 6, 2019 and to add certain services; and WHEREAS the Agreement was amended for a second time on June 8, 2020 (Fort Worth City Secretary Contract No. 53105-A2) to correct the Agreement's initial term; and WHEREAS the Agreement's second renewal was amended on May 11, 2021 and again on May 20, 2021 to revise the amount paid to the Contractor (Fort Worth City Secretary Contract Nos. 53105-R2A1 and 53105-R2A2 ); and WHEREAS the Agreement was amended for the third time on April 29, 2022 to allow for an annual payment to the Contractor in an amount up to $46,188.00 (Fort Worth City Secretary Contract No. 53105-A3R3); and WHEREAS the Agreement was amended for the fourth time on April 20, 2023 to allow for an annual payment to the Contractor in an amount up to $51,000.00 (Fort Worth City Secretary Contract No. 53105-A4R4); and WHEREAS the Agreement provides that it may renewed for an unlimited number of one- year renewal periods upon the mutual agreement of the parties; and WHEREAS the term of the Agreement had been renewed through May 5, 2024 (Fort Worth City Secretary Contract Nos. 53105-A4R4); and WHERAS since the expiration of the Agreement, the parties have continued to operate as though the Agreement were in full force and effect; and WH REAS City and Contractor now desire to renew the Agreement through May 5, 2025; and OFFICIAL RECORD Fifth Amendment to and Fifth Renewal of CITY SECRETARY Fort Worth City Secretary Contract No. 53105 FT. WORTH, Tx Docusign Envelope ID: 61CC5B76-BB6C-460A-8D18-8655F2AF70F8 WHEREAS City and Contractor also desire to amend the Agreement for a fifth time to amend service quote prices and to allow payment to the Contractor in an amount up to $51,000.00 for this renewal period. NOW THEREFORE, City and Contractor, acting herein by and through their duly authorized representatives, agree to the following terms: 1. Renewal. The City and Contractor hereby agree to extend the Agreement for an additional one (1) year term which will expire on May 5, 2025. 2. Service Quote. The prices included in Eaton UPS Service Quote: 415190-4, attached to this Amendment and Renewal as Exhibit A, are incorporated into the Agreement. In the event of any conflict between the terms of Exhibit A and the terms of the Agreement, the terms of the Agreement shall control. 3. Compensation. For the renewal period expiring on May 5, 2025 the City shall pay to Contractor an amount not to exceed Fifty -One Thousand Dollars and 00/100 ($51,000.00). 4. All other terms, provisions, conditions, covenants and recitals of the Agreement not expressly amended herein shall remain in full force and effect. [signature page follows] Fifth Amendment to and Fifth Renewal of Fort Worth City Secretary Contract No. 53105 Docusign Envelope ID: 61CC5B76-BB6C-460A-8D18-8655F2AF70F8 ACCEPTED AND AGREED: CITY OF FORT WORTH: Pang BU-GII doAc By: Dana Burghdoff (Nov 2f202417:45 CST) Name: Dana Burghdoff Title: Assistant City Manager Date: 11/21/2024 APPROVAL RECOMMENDED: By: � �— Name: Marilyn Marvin Title: Interim Property Management Director ATTEST: By: Jannette S. Goodall d�voop Name: Jannette S. Goodall apF FORr�4d Title: City Secretary 9 0 o dam° o �a*° o`er nExA`J'o4p CONTRACTOR: Eaton C 7�&By: Name: K� ffDgT� ... Title: Business unit Mgr - CPS Service Date: 11/13/2024 Fifth Amendment to and Fifth Renewal of Fort Worth City Secretary Contract No. 53105 CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. beycr�e-�a,�ci� By: Denise Garcia (Nov 21, 2024 09:56 CST) Name: Denis Garcia Title: Purchasing Manager APPROVED AS TO FORM AND LEGALITY: Y Name: Matthew A. Murray Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: Not required OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Docusign Envelope ID: 61CC5B76-BB6C-460A-8D18-8655F2AF70F8 Exhibit "A" FITON Powering Business Worldwide April 30, 2024 RE: UPS OEM Sourcing Letter Curtis Mitchell Service Sales Account Executive — Data Center Segment Eaton Corporation 637 Westport Parkway Suite 200 Grapevine, TX 76051 Cell: 972-342-1568 curtisimitchell(a)eaton.com For your records and information: As the original equipment manufacturer (OEM), and an ISO9001 certified supplier, Eaton Corporation (formerly: "Eaton Electrical Inc." and Towerware") is the provider of factory -supported, factory trained, factory authorized and factory certified service for your critical UPS (Uninterruptible Power Supply) equipment. Eaton offers power quality services for its UPS products, as well as for related equipment such as power distribution units (PDUs), batteries, alternative energy devices and Cutler -Hammer switchgear. Eaton also services products from legacy brands, including Powerware, Exide Electronics, Best Power, IPM, Deltec and Lortec. Eaton is the only authorized provider of service support with the Eaton developed proprietary service software for 3-phase Eaton UPS products. Eaton does not train, certify or support independent third party service providers to deliver or service Eaton UPS and power quality products. Due to its lack of training on competitor's platforms Eaton does not service non -Eaton branded power quality equipment. Eaton only works on its own branded equipment or devices it's been certified to fully support and maintain (e.g., flywheels, static transfer switches). No other service supplier is authorized to possess Eaton proprietary (copyrighted) software, repair documentation, processes or materials. Advantages to buying UPS services from Eaton include: • Eaton trains its 240 field technicians to be experts on the products it built 15 years ago and builds today. • Parts are stocked with the field technicians to maximize our first time fix rate and resolve problems fast. • When emergencies occur our customer support and field service employees will professionally diagnose and resolve your problem. • Eaton has a 7x24 Customer Reliability Center to answer your calls and technical support, and a 7x24 parts logistics and remote monitoring team to ship parts and respond to critical alarms globally. • Preventive maintenance allows our techs to thoroughly test, inspect for worn parts, install firmware updates and calibrate when needed so the UPS meets Eaton's most current operating specification. • Safety and insurance resources to protect you against the unexpected: every field technician has the OSHA, IEEE and NFPA tools, personal protection equipment and training to comply with arc flash and electrical safety so you, your employees and Eaton employees avoid unsafe conditions. • Eaton is committed to flawless service execution: We survey every customer for satisfaction, drive continuous improvements and employ Six Sigma and Eaton Quality programs. Docusign Envelope ID: 61CC5B76-BB6C-460A-8D18-8655F2AF70F8 Eaton puts all of our replacement parts through a thorough testing regiment to insure quality. Eaton is the only immediate source for original equipment parts. Should you have further questions, or need further assistance of any kind, please do not hesitate to call on me. Thank you for this opportunity to be of service. Sincerely, Curtis Mitchell Service Sales Account Executive — Data Center Segment Cell: 972-342-1568 curtisimitchell(a)eaton.com Docusign Envelope ID: 61CC5B76-BB6C-460A-8D18-8655F2AF70F8 F AeN ve,rnq &maez llfteldmde Eaton UPS Service Quote: 415190-4 Quote Date: 09/30/2024 (Effective until 10/30/2024) Prepared For: Billing Contact: Aaron Cutaiar, Facility Manager Billing Company: City of Fort Worth 5001 James Ave. Fort Worth, TX 76107 817-392-6695 Email: Aaron.Cutaiar@fortworthtexas.gov. Curtis Mitchell, Sr. Service Sales Representative Eaton Corporation 637 Westport Pkwy Suite 200 Grapevine, TX 76051 972-342-1568 Email: curtisjmitchell@eaton.com For Covered Equipment at Site: Site Contact: Aaron Cutaiar, Site Company: City of Fort Worth - 13th St 275 W. 13th St Fort Worth, TX 76102 817-392-6695 Email: Aaron.Cutaiar@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. Serial Number New/Renewal Model Description Battery Type, Quantity Coverage Type ED382CBB11 R 9390-40-80 N/A Proactive Service Plan EX413CAA03 R 9390-100-160 N/A Proactive Service Plan EM334UXX03 R 93PM-100-400 N/A Proactive Service Plan EM334UXX02 R 93PM-100-400 N/A Proactive Service Plan EP401 UXX07 R 93PM-20-50 N/A Proactive Service Plan EP095UJJ03 R 93PM 208V-20-60 VRLA Sealed, 40 Proactive Service Plan EP273UJJ01 R 93PM 208V-20-60 VRLA Sealed, 40 Proactive Service Plan Quantity 1, Eaton 9390-40-80, N/A Coverage Start Date: 5/6/2024 Coverage End Date: 5/5/2025 Term: 1 Year Unit List Price ProActive Service Plan 8 Hr (PA81NEDX-0080) $8,541.00 • After Hours (7x24) • 8 HR Response Time PredictPulse Remote Monitoring • 30% Spare Part Kit and Time and Material Discount • 1x UPS PM, After Hrs, 7x24,1 PM per year (0005NXXX-0080-1) • 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 Site Location Model City of Fort Worth - 13th St 9390-40-80 9390-40-80 Total Price: $8,541.00 Serial Number Quantity ED382CBB11 1 Subtotal: 1 Unit Extended Net Price Net Price $5,842.04 $5,842.04 $5,842.04 $5,842.04 $5,842.04 $5,842.04 Docusign Envelope ID: 61CC5B76-BB6C-460A-8D18-8655F2AF70F8 FITa ;b"ftnq i SO"'O 4Yaru►vlde Quantity 1, Eaton 9390-100-160, N/A Coverage Start Date: 5/6/2024 Coverage End Date: 5/5/2025 ProActive Service Plan 8 Hr (PA81 NEDX-0160) • After Hours (7x24) • 8 HR Response Time • PredictPulse Remote Monitoring • 30% Spare Part Kit and Time and Material Discount • 1x UPS PM, After Hrs, 7x24,1 PM per year (0005NXXX-0160-1) • 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 Term: 1 Year Unit List Price $10,447.00 9390-100-160 Total Price: $10,447.00 Site Location Model Serial Number Quantity City of Fort Worth - Western 9390-100-160 EX413CAA03 1 Subtotal: 1 Quantity 1, Eaton 93PM-100-400, N/A Coverage Start Date: 5/6/2024 Coverage End Date: 5/5/2025 Term: 1 Year ProActive Service Plan 8 Hr (PA81NEDX-0550) • After Hours (7x24) • 8 HR Response Time • PredictPulse Remote Monitoring • 30% Spare Part Kit and Time and Material Discount • 1x UPS PM, After Hrs, 7x24,1 PM per year (0005NXXX-0550-1) • EOSL Status Active Supporting Documents: T-0, X-1, R-2, R-6, R-32, R-10 Site Location Model City of Fort Worth - City Hall 93PM-100-400 Unit Extended Net Price Net Price $7,145.75 $7,145.75 $7,145.75 $7,145.75 $7,145.75 $7,145.75 Unit Unit Extended List Price Net Price Net Price $14,644.00 $10,016.50 $10,016.50 93PM-100-400 Total Price: $14,644.00 $10,016.50 $10,016.50 Serial Number Quantity EM334UXX03 1 $10,016.50 Subtotal: 1 $10,016.50 Docusign Envelope ID: 61CC5B76-BB6C-460A-8D18-8655F2AF70F8 FITa ;b"ftnq i SO"'O 4Yaru►vlde Quantity 1, Eaton 93PM-100-400, N/A Coverage Start Date: 5/6/2024 Coverage End Date: 5/5/2025 ProActive Service Plan 8 Hr (PA81 NEDX-0550) • After Hours (7x24) • 8 HR Response Time • PredictPulse Remote Monitoring • 30% Spare Part Kit and Time and Material Discount • 1x UPS PM, After Hrs, 7x24,1 PM per year (0005NXXX-0550-1) • EOSL Status Active Supporting Documents: T-0, X-1, R-2, R-6, R-32, R-10 Site Location Model City of Fort Worth - City Hall 93PM-100-400 Term: 1 Year Unit Unit Extended List Price Net Price Net Price $14,644.00 $10,016.50 $10,016.50 93PM-100-400 Total Price: $14,644.00 $10,016.50 $10,016.50 Serial Number Quantity EM334UXX02 1 $10,016.50 Subtotal: 1 $10,016.50 Quantity 1, Eaton 93PM-20-50, N/A Coverage Start Date: 5/6/2024 Coverage End Date: 5/5/2025 ProActive Service Plan 8 Hr (PA81NEDX-0050) • After Hours (7x24) • 8 HR Response Time • PredictPulse Remote Monitoring • 30% Spare Part Kit and Time and Material Discount • 1x UPS PM, After Hrs, 7x24,1 PM per year (0005NXXX-0050-1) • EOSL Status Active Supporting Documents: T-0, X-1, R-2, R-6, R-32, R-10 Term: 1 Year Unit List Price $7,133.00 93PM-20-50 Total Price: $7,133.00 Site Location Model Serial Number Quantity City of Fort Worth 93PM-20-50 EP401 UXX07 1 Subtotal: 1 Unit Extended Net Price Net Price $4,878.97 $4,878.97 $4,878.97 $4,878.97 $4,878.97 $4,878.97 Docusign Envelope ID: 61CC5B76-BB6C-460A-8D18-8655F2AF70F8 FIT a N ;b"ftnq Business 4Ya&Wde Quantity 1, Eaton 93PM 2O8V-20-60, VRLA Sealed, 40 Coverage Start Date: 5/6/2024 Coverage End Date: 5/5/2025 Term: 1 Year ProActive Service Plan 8 Hr (PA81 NEDX-0080) • After Hours (7x24) • 8 HR Response Time • PredictPulse Remote Monitoring • 30% Spare Part Kit and Time and Material Discount • 1x UPS PM, After Hrs, 7x24,1 PM per year (0005NXXX-0080-1) • 1x Seal Batt PM, Any Time,1 PM per year (0005NSXX040-1) • EOSL Status Active Supporting Documents: T-0, X-1, R-25 R-5, R-6, R-325 R-10 Unit Unit Extended List Price Net Price Net Price $8,541.00 $5,842.04 $5,842.04 $1,120.00 $689.47 $689.47 93PM 208V-20-60 Total Price: $9,661.00 $6,531.52 $6,531.52 Site Location Model Serial Number Quantity City of Fort Worth - Police 93PM 208V-20-60 EP095UJJ03 1 $6,531.52 911 Subtotal: 1 $6,531.52 Quantity 1, Eaton 93PM 2O8V-20-60, VRLA Sealed, 40 Coverage Start Date: 5/6/2024 Coverage End Date: 5/5/2025 Term: 1 Year ProActive Service Plan 8 Hr (PA81NEDX-0080) • After Hours (7x24) • 8 HR Response Time • PredictPulse Remote Monitoring • 30% Spare Part Kit and Time and Material Discount • 1x UPS PM, After Hrs, 7x24,1 PM per year (0005NXXX-0080-1) • 1x Seal Batt PM, Any Time,1 PM per year (0005NSXX040-1) • EOSL Status Active Supporting Documents: T-0, X-1, R-25 R-5, R-6, R-325 R-10 93PM 208V-20-60 Total Price Site Location Model Serial Number City of Fort Worth - Police 93PM 208V-20-60 EP273UJJ01 911 Subtotal Grand Total Price: Unit Unit Extended List Price Net Price Net Price $8,541.00 $5,842.04 $5,842.04 $1,120.00 $689.47 $689.47 $9,661.00 $6,531.52 $6,531.52 Quantity 1 $6,531.52 1 $6,531.52 List Price Net Price $74,731.00 $50,962.79 Dollars Saved': $23,768.21 Docusign Envelope ID: 61CC5B76-BB6C-460A-8D18-8655F2AF70F8 FITa mowerng 8usirtess 4Yao►vlde Applicable Discounts: 10% Multi module, Multi battery, 24.00% Negotiated • Purchase order information: o To complete the purchase of services, please sign and date this quote. o Return purchase order with all attachments to your sales contact. o Purchase orders should be made out and paid to Eaton's remit address: Eaton Corporation, 29085 Network Place, Chicago, IL 60673-1290 Accepted By: Name Title Date Purchase Order Number Print Name: Docusign Envelope ID: 61CC5B76-BB6C-460A-8D18-8655F2AF70F8 FITa vernq &SIffss lM1+druwe Site Inventory Summary City of Fort Worth - 13th St Model Serial Number 9390-40-80 ED382CBB11 City of Fort Worth - Western Model Serial Number 9390-100-160 EX413CAA03 City of Fort Worth - City Hall Model Serial Number 93PM-100-400 EM334UXX03 93PM-100-400 EM334UXX02 City of Fort Worth Model Serial Number 93PM-20-50 EP401 UXX07 City of Fort Worth - Police 911 Model Serial Number 93PM 208V-20-60 EP095UJJ03 93PM 208V-20-60 EP273UJJ01 Signature: ` A Aaron Cutaiar, Fort Worth, TX Dates Contract Annual Cost 5/6/2024 - 5/5/2025 PA81 NEDX-0080 $5,842.04 Subtotal: $5,842.04 Aaron Cutaiar, Fort Worth, TX Dates Contract Annual Cost 5/6/2024 - 5/5/2025 PA81NEDX-0160 $7,145.75 Subtotal: $7,145.75 Aaron Cutaiar, Fort Worth, TX Dates Contract Annual Cost 5/6/2024 - 5/5/2025 PA81 NEDX-0550 $10,016.50 5/6/2024 - 5/5/2025 PA81NEDX-0550 $10,016.50 Subtotal: $20,032.99 MARK CROCKER, FORT WORTH, TX Dates Contract Annual Cost 5/6/2024 - 5/5/2025 PA81 NEDX-0050 $4,878.97 Subtotal: $4,878.97 Aaron Cutaiar, Fort Worth, TX Dates Contract Annual Cost 5/6/2024 - 5/5/2025 PA81 NEDX-0080 $6,531.52 5/6/2024 - 5/5/2025 PA81 NEDX-0080 $6,531.52 Subtotal: $13,063.03 Email: jannette.goodall@fortworthtexas.gov