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Home My WebLink AboutContract 39301Tariff for Retail Delivery Service Oncor Electric Delivery LLCC®Y CONTRACT NO SECRETARY N 6.3 Agreements and Forms Applicable: Entire Certified Service Area Page 1 of 3 Effective Date: January 1, 2002 Revision: Oriainal 6.3.4 Discretionary Service Agreement This Discretionary Service Agreement ("Agreement") is made and entered into this L M day of _SOeQpXte4ber_, 2009, by Oncor Electric Delivery Company LLC ("Oncor Electric Delivery" or "Company"), a Delaware limited liability company, under the Delaware Limited Liability Company Act, and a distribution utility, and the City of Fort Worth, Texas, a municipality, ("Customer'), 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: Per a request from the City of Fort Worth, Oncor Electric Delivery (OED) will install a new 1ph pull box and replace the existing #1/0 primary conductor from the pull box to the existing pad mount transformer to eliminate the conflict with the city's new storm drain along Powderhorn. This project will be worked on Oncor Electric Delivery WR # 3028721A 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 a court orders concerning discretionary service charges. 4. Term and Termination -- This Agreement becomes effective upon acceptance by both the Company and the Customer and continues in effect until all associated work by Oncor Electric Delivery LLC is complete and reimbursements are secured, with no allowances for betterment. 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 service(s) expressly provided for in this Agreement. The Parties are not bound by 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. 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 LLC Attn: Mr. Bobby R. Browning P. O. Box 970, Suite 625 Fort Worth, TX 76101-0970 Office: 817-215-6937 Cell: 817-301-8331 Fax: 817-215-6660 Tariff for Retail Delivery Service Oncor Electric Delivery LLC f.3 Agreements and Forms Applicable: Entire Certified Service Area Page 2 of 3 Effective Date: January 1, 2002 010407 Revision: Original (b) If to Customer: City of Fort Worth, Texas Attn: Mr. William A. Verkest, P. E. 1000 Throckmorton Street Fort Worth, TX 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. City of Fort Worth, Texas Attn: Mr. William A. Verkest, P. E. 1000 Throckmorton Street Fort Worth, TX 76102 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 of any provision of this Agreement will not be considered to waive the obligations, rights, or duties imposed upon the Parties. 12. Taxes -- All present or future federal, state, municipal, or other lawful taxes applicable by reason of any service performed by Company, or any compensation paid to Company, hereunder must be paid by Customer. - ' F 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 —Customer will be invoiced for $3,874.16 to be remitted upon completion of project. The Customer agrees that payment shall be made within 60 days of the date the project is completed or the date the invoice is received, which ever is later. IN WITNESS WHEREOF, the Parties have cased th's A reement to be siggned by their respective duly authorized representatives, and EXECUTED on this the � day of V �� . , 2009, in Fort Worth, Tarrant County, Texas. OFFICIAL RECCHU A Y RETARY FT. WORTH, TX Tariff for Retail Delivery Service Oncor Electric Delivery LLC 6.3 Agreements and Forms Applicable: Entire Certified Service Area Page 3 of 3 Effective Date: January 1, 2002 010407 Revision: Original APPROVAL RECOMMENDED: William A. Verkest, P. E. Director, Department of Transportation & Public Works Franc�se Utility BY:��J�1� . _James C. Chase TITLE: _Manager, Distribution Major Design, Serve Existing_ ADDRESS: P. O. Box 970 Suite 625 Fort 2�) rth, TX 76101-0970 DATE: G% �L APPROVED: Fernando Costa Assistant City Manager