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HomeMy WebLinkAboutContract 37657Gi i Y SECRETARY Bob Fischer PMDS Project Designer, Senior Oncor Electric Delivery 7860 Winbrook Drive Benbrook, Tx 76126 817-443-3425 7/3/2008 Mr. Bill Matysek 401 West 13th Street Fort Worth, Texas 76102 RE: Relocate at Public Health Center Dear Mr. Matysek: Enclosed please find an executable copy of a Discretionary Service Agreement with Oncor a el'very Company LLC, a Delaware limited liability company, and a Statement of Charges in the amoun f $18,221. r the provision of ' discretionary services for the above referenced project. Please execute the agreement ea designated as Accepted by Customer and return the agreement to this office along with your remittance in the amount indicated above. If you have any questions regarding this matter, please call. 14� Sincerely, Bob Fischer PMDS Project Designer, Senior 817443-3425 O��IC�Al.. RECORD CITY SECRETARY T. WORTH, TX Tarriff for Retail Delivery Service Oncor Electric Delivery Company 6.3 Agreements and Forms AoDlicable: Entire Certified Service Area Discretionary Service Agreement This Discretionary Service Agreement ("Agreement") is made and entered into this 3 day of Jam, 20081 by Oncor Electric Delivery Company LLC, a Delaware limited liability company, and City of Fort Worth ("Customer"), a Municipality, each hereinafter sometimes referred to individually as "Party" or both referred to collectively as the "Parties". In consideration of the mutual covenants set forth herein, the Parties agree as follows: 1. Discretionary Services to be Provided -- Company agrees to provide, and Customer agrees to pay for, the following discretionary services in accordance with this Agreement. _ 2. Nature of Service and Company's Retail Delivery Service Tariff -- Any discretionary services covered by this Agreement will be provided by Company, and accepted by Customer, in accordance with applicable Public Utility Commission of Texas ("PUCT") Substantive Rules and Company's Tariff for Retail Delivery Service (including the Service Regulations contained therein), as it may from time to time be fixed and, approved by the PUCT ("Company's Retail Delivery Tariff'). During the term of this Agreement, Company is entitled to discontinue service, interrupt service, or refuse service initiation requests under this Agreement in accordance with applicable PUCT Substantive Rules and Company's Retail Delivery Tariff., Company's Retail Delivery Tariff is part of this Agreement to the same extent as if fully set out herein. Unless otherwise expressly stated in this Agreement, the terms used herein have the meanings ascribed thereto in Company's Retail Delivery Tariff. 3. Discretionary Service Charges -- Charges for any discretionary services covered by this Agreement are determined in accordance with Company's Retail Delivery Tariff. Company and Customer agree to comply with PUCT or court orders concerning discretionary service charges. 4. Term and Termination -- This Agreement becomes effective upon Agreement execution with payment and continues in effect until (estimated) 8/13/08 . Termination of this Agreement does not relieve Company or Customer of any obligation accrued or accruing prior to termination. 5. No Other Obligations -- This Agreement does not obligate Company to provide, or entitle Customer to receive, any service not expressly provided for herein. Customer is responsible for making the arrangements necessary for it to receive any further services that it may desire from Company or any third party. 6. Governing Law and Regulatory Authority -- This Agreement was executed in the State of Texas and must in all respects be governed by, interpreted, construed, and enforced in accordance with the laws thereof. This Agreement is subject to all valid, applicable federal, state, and local laws, ordinances, and rules and regulations of duly constituted regulatory authorities having jurisdiction. 7. Amendment ..This Agreement may be amended only upon mutual agreement of the Parties, which amendment will not be effective until reduced to writing and executed by the Parties. But changes to applicable PUCT Substantive Rules and Company's Retail Delivery Tariff are applicable to this Agreement upon their effective date and do not require an amendment of this Agreement. 8. Entirety of Agreement and Prior Agreements Superseded -- This Agreement, including all attached Exhibits, which are expressly made a part hereof for all purposes, constitutes the entire agreement and understanding between the Parties with regard to the services) expressly provided for in this Agreement. The Parties are not bound Jr or liable for any statement, representation, promise, inducement, understanding, or undertaking of any kind or nature (whether written or oral) with regard to the subject matter hereof not set forth or provided for herein. This Agreement replaces all prior agreements and undertakings, oral or written, between the Parties with regard to the subject matter hereof, including without limitation any previous cost , and all such agreements and undertakings are agreed by the Parties to no longer be of any force or effect. It is expressly acknowledged that the Parties may have other agreements covering other services not expressly provided for herein, which agreements are unaffected by this Agreement. 9. Notices -- Notices given under this Agreement are deemed to have been duly delivered if hand delivered or sent by United States certified mail, return receipt requested, postage prepaid, to: (a) If to Company: Oncor Electric Delivery Attn: Bob Fischer 7860 Winbrook Drive Benbrook, Tx 76126 (b) If to Customer: City of Fort Worth 4 M West 13th Street Fort Worth, Texas 76102 The above -listed names, titles, and addresses of either Party may be changed by written notification to the other. 10. Invoicing and Payment —Invoices for any discretionary services covered by this Agreement will be mailed by Company to the following address (or such other address directed in writing by Customer), unless Customer is capable of receiving electronic invoicing from Company, in which case Company is entitled to transmit electronic invoices to Customer. Oncor Electric Delivery Attn: Bob Fischer 7860 Winbrook Drive Benbrook, Tx 76126 If Company transmits electronic invoices to Customer, Customer must make payment to Company by electronic funds transfer. Electronic invoicing and payment by electronic funds transfer will be conducted in accordance with Company's standard procedures. Company must receive payment by the due date specified on the invoice. If payment is not received by the Company by the due date shown on the invoice, a late fee will be calculated and added to the unpaid balance until the entire invoice is paid. The late fee will be 5%-of the unpaid balance per invoice period. 11. No Waiver --The failure of a Party to this Agreement to insist, on any occasion, upon strict performance oIf any provision of this Agreement will not be considered to waive the obligations, rights, or duties imposed upon the Parties. - 11 12. Taxes -- All present or future federal, state, municipal, or other lawful taxes (other than federal income taxes) applicable by reason ofany service performed by Company, or any compensation paid to Company, hereunder must be paid by Customer. //}-k /dY7� kvs/ 13. Headings -- The descriptive headings of the various articles and sections of this Agreement have been inserted for convenience of reference only and are to be afforded no significance in the interpretation or construction of this Agreement. 14, Multiple Counterparts -- This Agreement may be executed in two or more counterparts, each of which is deemed an original but all constitute one and the same instrument. 15. Other Terms and Conditions -- . IN WITNESS WHEREOF, the Parties have caused this Agreement to be sign by their respective duly authorized representatives. Oncor Electric Delivery f BY: DATE: APPROVAL RECOMMENDED: CITY OFI SORT WORTIi APPROV C� Amy J. Raryi/ i Assistant Cii He•] t.,3 Y. e Y a a o v. � PE, Acting Director & Public Works Dept rney D Ll�ALITY: City of Fort Worth BY: A, TITLE: DATE: APPROVED: Fernando Costa Assistant City Manager RECORDED: . _ -NO M&C REQUIRED TEXAS SALES AND USE TAX EXEMPTION CERTIFICATE Name of Purchaser,. in, of Agency: City of Fort Worth Texas Address (Street & Number, P.O Box or Route Number): 1000 Throckmorton City, State; Zip Code: Fort. Worth Texas 76102 Telephone: (817) 392=8360 1, the purchaser named above, claim an exemption from payment of sales and use taxes for the purchase of taxable items described below or on the attached order or invoice from: All vendors Description of the items. to be purchased, or on the attached order or invoice; All items except motor vehicles as listed below Purchaser claims. this exemption for the following reason; Governmental Entity I understand that twill be liable for payment. of sales or use taxes which may become . due for failure to comply with the provisions of the state, city, and/or metropolitan transit authority sales and use tax laws and comptroller rules regarding exempt purchases'. Liability for the tax will be determined by the price paid for the taxable items purchased or the fair market rental value for the period of time used. I understand that. it is a misdemeanor to give• an exemption certificate to the seller for taxable items which I know, at the time of purchase, will be used in a manner other than expressed in this certificate and that upon conviction I may be.fined not more than $500 per offense. r Purchaser: Title: P Dare: February 1. 2007 Note: This certificate cannot be issued for the purchase,. lease or rental of a motor vehicle. THIS CERTIFICATE DOES. NOT REQUIRE A NUMBER TO BE VALID Sales and Use Tax "Exemption Numbers" or "Tax Exempt" Numbers do not exist. This certificate should be furnished to the supplier. Do not send the completed certificate to the Comptroller of Public Accounts. Page 1 of 1 Matysek, Bill From: Ramsey, Amy Sent: Tuesday, September 16, 2008 3:18 PM To: Matysek, Bill Subject: RE: Public Health Center - Oncot Agreement Go ahead and use this form if you need to get this done. The City is tax exempt and I recommend that you include a tax exemption certificate with the executed agreement. Amy J. Ramsey Assistant City Attorney City of Fort Worth 817-392-7617 This message and all attachments are confidential and are intended solely for the use by the individual or entity to which they are addressed. This communication may contain material protected by the attorney- clientprivilege. Any review, use, distribution, forwarding, printing or copying by persons other than the intended recipients is strictly prohibited. If you believe this email was sent to you in error, please notify the sender by replying to this transmission or by calling Amy Ramsey at 817-392-76 � 7 and delete this message or any copy. Unless expressly stated in this email, nothing in the message should be construed as a digital or electronic signature. From: Matysek, Bill Sent: Monday, September 08, 2008 9:47 AM To: Ramsey, Amy Subject: FW: Public Health Center - Oncor Agreement Amy, my apologies —sent the wrong one. Here you go. THANKS! From: Matysek, Bill Sent: Monday, July 21, 2008 12:08 PM To: 'Robert.Fischer@oncor.com' Cc: McDonald, Vicki Subject: Public Health Center - Oncor Agreement Bob, just a copy showing your agreement as sent into the system. As soon as a City Secretary Contract # is assigned we will get a.check cut for Oncor. FYI. 9/17/2008