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EMERSON.
Netwoi 14, Power
Proposal for Service
Emerson Network Power I Electrical Reliability Services
July 5, 2016
Proposal No. EMR -1601Z719
Version No. 1
City of Denton
Chuck Burns Denton, TX 940-
349-7628
Chuck.BurnsCa.cityofdenton.co
M
Emerson Network Power, Electrical Reliability Services -
Proprietary Proposal No. EMR -16012719
Customer: City of Denton
Page 1 of 3
July 5, 2016
Dear Chuck Burns,
Thank you for your interest in Electrical Reliability Services (ERS). We are pleased to offer the attached proposal
EMR -16012719 for your consideration. ERS will furnish the materials outlined in this proposal. This proposal does
not include any state or local taxes that may apply.
1.0 PROJECT DETAILS
Item Qty Device Summary
1 14 SSG 1.5kVA Industrial Tower UPS, 55C, 120VAC P/N SSG1.5K-1T
2 1 Freight
2.0 PROJECT COST
The material specified in this proposal can be provided for the sum of:
Price $ 24,071.00
Payment Terms: Net 30 days from delivery of materials and/or equipment.
If you have any questions regarding the attached proposal, please contact me directly at (214) 218-2794. 1 look forward
to your response and the opportunity to work together.
Respectfully Submitted,
Margaret Sibley Todd Reffey
Sr. Sales Engineer Business Development Mgr - DC Services, Gulf & SE
Electrical Reliability Services, Inc.
3868 Walnut Ridge Lane 610 Executive Campus Drive
Plano, TX 75074 Westerville OH 43082
PHONE (214) 218-2794 PHONE 614-841-6631
CELL (214) 218-2794 CELL 614-406-0209
EMAIL Mag.SibleyCcDemerson.com EMAIL Todd. ReffeyCcDEmerson.com
Emerson Network Power, Electrical Reliability Services -
' yliayy�� Proprietary Proposal No. EMR -16012719
Customer: City of Denton
Page 2 of 3
ACCEPTANCE OF PROPOSAL
City of Denton has read Proposal No.EMR-16012719 in its entirety, and hereby authorizes Electrical Reliability Services, to
proceed with executing the Scope of Work referenced herewith in the amount of $ 24,071.00.
All work will be performed in accordance with City of Denton's Terms and Conditions. No other terms and conditions are acceptable,
unless agreed to by Electrical Reliability Services in writing. The signatory below Is duly appointed by and authorized by City of Denton to
execute this agreement and to bind same to the terms and conditions of this proposal.
We look forward to working with City of Denton on this project. Should you have any questions regarding this proposal, please do not
hesit4ba_ to contact me at (214) 218-2794 or email me at Mag.Sibleyg-emerson.com.
City of Denton Buyer Signature Required D3 e
Printed Name Title Printed Name Title
Purchase Order must be assi ned to: Payment Remittance address:
Electrical Reliability Services Electrical Reliability Services
610 Executive Campus Dr
Westerville OH 43082
FID# 94-1742896
PO should be mailed to:
Electrical Reliability Services
717 Taylor Drive
Plano, TX 75074
Attn: Margaret Sibley
Please provide the following information:
Purchase Order Number":
24865 Network Place
Chicago, IL 60673-1248
Phone:
Billing Contact Person: Fax:
Person Authorizing Payment: Phone:
x 6
Billing Company Name: Federal Tax ID:
Billing Address. Taxable'! Yes I No
Billing City,Zip: if non- axa e, tax copy ot tax exempt ce i ica e
Site Contact Person: rnone:
Emerson Network Power, Electrical Reliability Services -
NETA Proprietary Proposal No. EMR -16012719
I / Customer: City of Denton
Page 3 of 3
0
EMERSON.
Network Power
Clarifications/Supplement To:
Standard Purchase Terms and Conditions
Buyer: City of Denton
City of Denton and Electrical Reliability Services, Inc. ("Seller") agree to modify Buyer's Terms and Conditions related to the above -referenced Standard
Purchase Terms and Conditions as follows:
1. INDEMNITY/LIMITATION OF REMEDY AND LIABILITY/WARRANTY/INSURANCE:
Seller agrees to only indemnify, hold harmless and defend Buyer against any third party claims for personal injury, death or tangible property damage
resulting from Seller's negligence, reduced to the extent of any other party's negligence, provided Seller is provided reasonable notice regarding such
claim and has the sole right to select and direct counsel and settle the claim.
NEITHER PARTY SHALL BE LIABLE FOR DAMAGES CAUSED BY DELAY IN PERFORMANCE AND THE REMEDIES OF THE PARTIES SET FORTH HEREIN ARE
EXCLUSIVE. IN NO EVENT SHALL A PARTY'S LIABILITY TO THE OTHER AND/OR ITS CUSTOMERS EXCEED AN AGGREGATE OF $500,000 UNDER THIS
AGREEMENT. THE PARTIES AGREE THAT NEITHER PARTY SHALL BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. The term
"consequential damages" shall include, but not be limited to, loss of anticipated profits, business interruption, loss of use, revenue, reputation and data,
costs incurred, including without limitation, for capital, fuel, power and loss or damage to property or equipment.
Seller warrants the proper performance of the Services for a period of ninety (90) days from the completion of the Services. Warranties applicable to
third party equipment, parts or materials furnished by Seller shall be that of the manufacturer of such Parts and only to the extent assignable to Buyer.
EXCEPT AS SPECIFIED ABOVE, THIRD PARTY SERVICES AND/OR PARTS ARE FURNISHED AS -IS, WHERE -IS, WITH NO WARRANTY WHATSOEVER. THE
WARRANTY SET FORTH IN THIS SECTION IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY SELLER WITH RESPECT TO THE SERVICES AND PARTS AND IS
IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT
LIMITATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. If within thirty (30) days after Buyer's discovery of any warranty defects
within the warranty period, Buyer notifies Seller thereof in writing, Seller shall, at its option, repair, correct or replace F.O.B. point of manufacture, or
refund the purchase price for, that portion of the services or equipment found by Seller to be defective.
Seller may maintain self-insurance coverage for any and all of the insurance requirements provided herein. Worker's Compensation in accordance with
the statutory requirements of the state in which the work is performed. Employer's Liability with a limit of liability of $1,000,000 per occurrence for
bodily injury by accident or bodily injury by disease. Commercial General Liability (CGL) for bodily injury and property damage with a limit of
$1,000,000 per occurrence and aggregate. CGL does not include Products and Completed Operations coverage. Automobile Liability insurance that
covers usage of all owned, non -owned and leased vehicles and which is subject to a combined single limit per occurrence of $1,000,000. Automobile
Liability insurance includes Contractual Liability, but no special endorsements. Provisions regarding waiver of subrogation, additional insured status, or
the primary nature of Seller's insurance shall be limited to the extent of Seller's negligent acts or omissions. Under no circumstance shall Buyer have
access to view or copy Seller's insurance policy.
2. PREVAILING WAGE/ OTHER
Seller's scope of work is not encompassed within any prevailing wage classifications provided under any prevailing wage laws, statutes, rules, or
regulations, including without limitation, Davis Bacon Act, ("Prevailing Wage Law") therefore Seller takes express exception to any and all prevailing
wage requirements and shall not be required to comply with such under this Agreement, and further shall not be required to submit certified payroll
and related documentation. Seller shall indemnify, defend, and hold harmless Buyer and its directors, officers, employees, and agents from and against
any and all claims, costs, expenses, liabilities, and losses to the extent arising out of Seller's violation of any Prevailing Wage Law held to be applicable to
Seller's scope of work by a court of competent jurisdiction or agency with jurisdiction over the matter.
Any reference to price warranties are hereby deleted.
BUYER
Signature: [` YMA-1 (e
Name/ Title:
Page 1 of 1