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HomeMy WebLinkAboutContract 39720 (2)Tariff for Retail Delivery Service Oncor Electric Delivery Company 6.3 Agreements and Forms CITY SECRETARY C® TRACT NO Applicable: Entire Certified Service Area Page 1 of 3 Effective Date: January 1, 2002 Revision: Original 6.3.4 Discretionary Service Agreement This Discretionary Service Agreement ("Agreement") is made and entered into this I S� day of 20101 by Oncor Electric Delivery Company LLC, a Delaware limited liability company ("Company"), and the City of Fort Worth ("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 and Customer agree to the following discretionary services in accordance with this Agreement: Company will remove its existing rack mounted transformers at the southeast corner of the Customer's Police Crime Lab Building at 3616 East Lancaster in Fort Worth, Texas. Upon execution of this agreement, Customer will pay to Company the sum of $3,327.89 for the provision of this discretionary service. The sum of $3,327.89 for this discretionary service is valid for a period of 60 days from January 26, 2010. 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 the execution of this Agreement by both Parties (the "Effective Date") and continues in effect until the Company has completed the removal and relocation of the electric facilities. 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 amenAment 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 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. This Agreement replaces all prior agreements and undertakings, oral or written, between the Parties with regard to the subject matter hereof, 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. OFFICIAL RECORD CITY SECRETARY FT WORTH, TX Tariff for Retail Delivery Service Oncor Electric Delivery Company U.3 Agreements and Forms Applicable: Entire Certified Service Area Page 2 of 3 Effective Date: January 1, 2002 Revision: Original 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: Mr. Ralph Schroeder Oncor Electric Delivery Company 7860 Winbrook Drive Benbrook, TX 76126 (b) If to Customer: Mr. Ronald Clements City of Fort Worth 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. Mr. Ronald Clements City of Fort Worth 1000 Throckmorton Street Fort Worth, TX 76102 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 (other than federal income taxes) applicable by reason of any service performed by Company, or any compensation paid to Company, hereunder must be paid by Customer. 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 — Prior to the commencement of Company's work as described in paragraph 1, Customer will be responsible for the discontinuance of any existing electrical services affected by the removal of Company's electric facilities. Tariff for Retail Delivery Service Oncor Electric Delivery Company 6.3 Agreements and Forms Applicable: Entire Certified Service Area Page 3 of 3 Effective Date: January 1, 2002 Revision: Original IN WITNESS WHEREOF, the Parties Y zed representatives and EXECUTED on this Tarrant County, Texas, City Secretary NO - APPROVAL RECOMMENDED: William A. V rkest, P. . Director, Department f Transportation & Public Works ONCOR ELECTRIC DELIVERY COMPANY TITLE: Sr. New Construction Manager DATE: January 26 2010 APPROVED: Assistant City Manager :spective duly 2010, in Fort OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX