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Home My WebLink AboutContract 29492 ^ITY SECRETARY ��c,I7RACT NO. J TXU Energy TRANSACTION CONFH ATION FOR THE SUPPLY OF ELECTRICITY Transaction Confirmation#: 3-2CDNL-3 BUYER City of Fort Worth SELLER: TXU Energy Retail Company LP 1000 Throckmorton Street 1717 Main Street,Suite 2000 Ft.Worth,TX 76102 Dallas,Texas 75201 Attention:Retail Contract Administration Phone: (817)871-6145 Fax:(817)212-2514 Phone: 214 875-9000 Fax: 214 875-8908 L AGREEMENT TERM The Primary Term for each Premise,identified in Exhibit A,shall commence upon the date of the first reading of the meter(s)on each respective Premise by the TDSP on or after 6/1/2004,or as soon thereafter as practicable,and shall end for each Premise upon the date of the first reading of the respective Premise meter(s)by the TDSP on or after 5/31/2005. IL BILLING METHOD/PAYMENT Via TERMS I Via III. INITIAL DEPOSITAMOUNT No initial deposit required. IV STANDARD SERVICES Toll free number(800)725-7920 for 24 hour emergency outage and customer service,available 7:00 a.m.to 7:00 p.m.on normal business days;Assigned customer service representative,billing an alyst,and assigned professional account manager. Access to the TXU Energy Gatewayweb portal. V CUSTOM SERVICES Not Applicable. VI. SPECL4L PROVISIONS The Parties shall have the right to extend the Agreement Term past the Primary Term for an additional period of one year or longer(the"Extended Term").The Monthly Base Usage Charge,Excess Usage Charge,and the Under Usage Credit(items"(ii)","(iii)"and"(iv)"of the Price Sheet)for the Extended Term shall be at the current amounts,or less.The Parties acknowledge that neither Party has a unilateral right to exercise the Extended Tenn option;it must be by mutual agreement.If the Parties elect to extend the Primary Term to the Extended Tenn,they shall agree in writing to extend the tern and set the exact amounts for items"(ii)","(iii)"and"(iv)"for the Extended Term at least 30 days prior to the end of the Primary Term. VII. COST PER KWH See attached Price Sheet. VHL MONTHLY CONTRACT USAGE Not applicable. TOLERANCES IX. BASE CONTRACT THE BASE CONTRACT FOR THE SUPPLY OF ELECTRICITY ("BASE CONTRACT',PREVIOUSLY EXECUTED BY BUYER ON 08/01/01,AND AS AMENDED ON 05/07/03,IS HERE THE AGREEMENT TO WHICH THIS TRANSACN.,'2 , CONFIRMATION APPLH S. Buyer Legal Name:City of Fort Worth, Seller Legal Name: TXU Energy Retai;qe a; a political subdivision of the State of Texas a Texas Limited Phi By: (General Partner or Agent name,if applicable) By:TXU Energy Retail Management Comp L i c��. its General Partner Buyer Signature Seller Si tore: Officer's Printed Name: Officer's Pr' ed Name: a anc F.Pe Title: Title: 0 0 s J'j'JGha Vice President Date: Date: ri z o a3 /� 0 Form Natne/Version:Elee Transaction Confirmation 091803 AMSTE® BY J to �n'r a CONFIDENg A �' l -A1ii1 LEGALITY: u rtf 414 �Z 3 MSC o P Assistant City orney S2_1 ( � Q ISTXU Energy Price Sheet —Flat Block—MCPE/MCPE Hybrid Transaction Confirmation#: 3-2CDNL-3 Account Name: City of Fort Worth Plan Type: Flat Block—MCPE/MCPE Hybrid This Price Sheet is valid only in association with,and shall remain subject to,both the Base Contract for Supply of Electricity("Base Contract")between the above referenced Buyer and TXU Energy Retail Company LP("Seller") and the Transaction Confirmation for Supply of Electricity referenced above(to which this Price Sheet is attached) between Buyer and Seller, and is contingent upon Buyer and Seller's acceptance of such Base Contract and Transaction Confirmation. This Price Sheet is applicable to the Buyer ESI ID number(s)identified on Exhibit"A" to such Transaction Confirmation. The Monthly Prices shall equal the sum of- (i) £(i)the Monthly Standing Charge set forth below,plus (ii)the Monthly Base Usage Charge set forth below[which covers Buyer's usage(up to 750 kWh in the ERCOT "North"Zone)during each fifteen(15)minute block of time during the month(the"Base Usage")];plus (iii) the Excess Usage Charge(per kWh of usage exceeding the Base Usage for the applicable ERCOT Zone(s)for any fifteen minute block(s)of time during the month)shall be as set forth below,minus (iv)the Under Usage Credit(per kWh of Base Usage for the applicable ERCOT Zone(s)which is not utilized by Buyer during the month)shall be as set forth below;plus (v) all costs and expenses of any nature whatsoever that are charged by the Transmission and Distribution Service Provider ("TDSP") for the transmission and/or distribution of the electricity, as well as any other charges of the TDSP that are attributable to the Buyer ESI ID numbers identified on Exhibit "A" to the subject Transaction Confirmation,including,without limitation,charges for reactive power;plus (vi) all other tariffs, rates, riders, fees, costs, and charges, including, without limitation, installed capacity type charges(and any direct and indirect costs resulting therefrom or associated therewith),charged or required by the TDSP or another party, that are mandated, levied, assessed, allowed, or approved by the Texas Public Utility Commission and/or any other governmental or regulatory authority(ies),on or with respect to the acquisition,sale, delivery,and purchase of the electricity;plus (vii) all federal, state, and local taxes, of any nature whatsoever, imposed by any governmental and/or regulatory authority(ies),on or with respect to the acquisition,sale,delivery,and purchase of the electricity,including Seller's Texas Gross Receipts Tax and Public Utility Commission Assessment on the sale of electricity to Buyer;plus (viii)the Over Capacity Charge set forth below,if applicable. r 1 Customer.Price Sheefflat Block.MCPE-MCPE.Hybrid.xxx.x.date CO 4Fr, �7/t �fti, PavyJ r�?U �� Charge Amount (i)Monthly Standing Charge per service See Exhibit"A"to the subject Transaction Confirmation. point 750 kWh x the total number of 15 minute blocks of time during the (ii)Monthly Base Usage Charge month x$0.04595 per kWh. (iii) Excess Usage Charge (per kWh of The sum of (i) one hundred nineteen and 21 hundredth percent excess usage) (119.21%)of MCPE'and(ii)$0.0012171 per kWh. (iv)Under-Usage Credit 95%of MCPEZ $0.0142885 per kWh for delivery, excluding reactive power, based (v)TDSP Delivery Charges3 upon current estimate;° Monthly price will be based upon actual charges. (vi) Tariffs, rates, ri ders, fees, and charges other than those included in To be determined,varies by service point TDSP delivery charges above (vii)All applicable taxes To be determined,varies by Jurisdiction. (viii)Over Capacity Charge None t MCPE,"for purposes of item uh above,shall mean the weighted the amount of Buyer's consumption in excess of the Base Usage during P rP (��) P� (by Y P g g each fifteen minute interval)) average price (converted from $/MWh to $/kWh) of all the fifteen (15) minute "Balancing Services Market Clearing Price"intervals contained in the applicable contract billing month as calculated by the Electric Reliability Council of Texas("ERCOT") for the applicable ERCOT Zone(s)in which Buyer's Premises are located. In no event shall the Balancing Services Market Clearing Price for any interval be less than$10.00/MWh($0.01/kWh). In the event that the Balancing Services Market Clearing Price is not calculated by ERCOT for any interval,then the Balancing Services Market Clearing Price for such interval shall be the average of Balancing Services Market Clearing Price for (i) the closest in time calculated interval occurring prior to the uncalculated interval and (ii) the closest in time calculated interval occurring after the uncalculated interval.Buyer should be aware that(V an index price can be very volatile,with no cap or limitation on how NO such an index can go and market and other conditions can result in significant increases in prices for extended periods of Nine for which Buyer nevertheless will remain responsible for paving and CH)Seller has not provided is not providing and will not p rovide any risk management or hedges in conjunction with this index priced product. 2"MCPE,"for purposes of item(iv)above,shall mean the weighted(by the amount by which Buyer's consumption falls below the Base Usage during each fifteen minute interval)average price(converted from$/MWh to$/kWh)of all the fifteen(15)minute`Balancing Services Market Clearing Price"intervals contained in the applicable contract billing month as calculated by the Electric Reliability Council of Texas("ERCOT") for the applicable ERCOT Zone(s)in which Buyer's Premises are located.In the event that the Balancing Services Market Clearing Price is not calculated by ERCOT for any interval,then the Balancing Services Market Clearing Price for such interval shall be the average of Balancing Services Market Clearing Price for(i)the closest in time calculated interval occurring prior to the uncalculated interval and(ii)the closest in time calculated interval occurring after the uncalculated interval. 3The costs and expenses charged by the TDSP for delivery servicesmay fluctuate during the Agreement Term,as will other applicable taxes, tariffs,riders,fees,and charges,as well as the"all kWh"(Peak and Off-Peak Hour)charge. 4 For reference purposes only.This is the current estimate of the average TDSP standard delivery costs,excluding charges for reactive power, special metering,or other miscellaneous TDSP charges. [Form Name/Version:ELEC PRICE SHEET FLAT BLOCK MCPS-MCPE HYBRID 050103 Customer.Price Sheet.Flat Block.MCPE-MCPE.Hybrid.xxx.x.date �g 1 C. f !?� °�U°ru ?:''J Rnl UR, Exhibit A - Service Point Listing Report IOTXU Account Name: City of Fort Worth Price Request#: 3-2CDNL-3 Contract Start Date: 6/1/2004 Account Legal Name: City of fort Worth Price Request Type: Normal Contract End Date: 5/31/2005 Est, Load Factor: 36.3 % Primary Term: 12 Flat Contract kWh: 30,557,023 TOU Contract kWh: Period 1:30,557,023 Period 2: Period 3: Period 4: TOU Total kWh: 30,557,023 TDSP: ONCOR Delivery Voltage. Primary ESI ID Address Congestion Meter Special Switch Standing Power Zone Read Meter Read Required Charge Region Cycle Start Date Owner Account Name City State ZIP SIC IDR Meter Special Profile Tax Contract Code Required Meter Read Type Exempt kW End Date 10443720006612008 4500 Wilma Ln NORTH02 12 $30.00 ERCOT City of Fort Worth Fort Worth TX 76118 9823 Y Business IDR Required Y 9,210 Q DI amu"' ` nC'nl G1 Proprietary and Confidential Report Generated for MMCFALL on 11/20/2003 Page 1 of 2 Service Point Listing Report 19TXU Totals: #of Service Points: 1 Monthly Standing Charges: $30.00 Contract kW: 9,210 In the event this Exhibit"A"contains temporary placeholder ESI ID numbers(typically denoted by"TPH"at the beginning of the ESI ID number)for contracted future Buyer ESI IDs,then (i)Buyer shall give Seller at least thirty(30)days prior written notice of the date that each such ESI ID will be energized as a Buyer ESI ID(i.e.,when Buyer will begin utilizing the applicable facility located at Buyer's Premise), (ii)Seller will not be obligated to serve any such ESI ID under the Agreement until, at the earliest,after the expiration of at least thirty(30) days after Buyer's written notice has been given to Seller, and (iii), in any event, Buyer's giving, or failure to give, timely notice to Seller shall not affect Buyer's obligation, under the Agreement,to be responsible for all volumes contracted for under the Agreement as reflected on Exhibit"A-1". c_=�) rC-ir,l �M �t fidential Report Generated for MMCFALL on 11/20/2003 Page 2 of 2 Exhibit A-1 - Monthly Contract Usage IDTXU Account Legal Name: City of Fort Worth Price Request#: 3-2CDNL-3 Contract Start Date: 6/1/2004 Request Type: Normal Contract End Date: 5/31/2005 Usage in kWh "Priod Usage 1 Usage 2 Usage 3 Usage 4 Total Usage 06/01/2004 1,345,942 1,345,942 07/01/2004 2,652,503 2,652,503 08/01/2004 2,519,137 2,519,137 0910112004 2,264,221 2,264,221 10/01/2004 2,825,306 2,825,306 11/01/2004 2,637,546 2,637,546 12/01/2004 2,296,088 2,296,088 01/01/2005 2,320,505 2,320,505 02/01/2005 1,913,457 1,913,457 03/01/2005 2,851,609 2,851,609 04/01/2005 2,988,415 2,988,415 05/01/2005 2,911,463 2,911,463 06/01/2005 1,030,830 1,030,830 #of Periods: 13 Total kWh: 30,557,023 30,557,023 ALJ) C.3•> •j'c-. tti) [irt7 0- Cc Cc Proprietary iR'C nfidential Report Generated for MMCFALL on 11/20/2003 Page 1 of 1