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HomeMy WebLinkAboutContract 40485 (3)crn secRervtY c«Nrnaor No. 4o y Tarriff for Retail Delivery Service Oncor Electric Delivery Company 6.3 Agreements and Forms Applicable: Entire Certified Service Area Discretionary Service Agreement WR Number Transaction ID This Discretionary Service Agreement ("Agreement") is made and entered into this 15th day of June. 2010, by Oncor Electric Delivery Company LLC, a Delaware limited liability company, and City of Ft. 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. nng - FAr:II ITIFC RFI rN:ATIr11\1/RFhAn\/AI RNARr,F Ramnva ovicfinn nvarhaari fnnilifiac nnri 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 completion of requested construction . 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 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, 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: David Hutchason 7860 Winbrook Dr Benbrook, Tx 76126 06-21-10 PO4:56 IN OFFICIAL RECOR® CITY SECRETARY FT; WORTH, TX (b) If to Customer: City of Ft. Worth 401 W. 13th Ft. 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 Ft. Worth 401 W. 13th Ft. 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 oI 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 -- (i) Customer has disclosed to Company all underground facilities owned by Customer or any other party that is not a public utility or governmental entity, that are located within real property owned by Customer. In the event that Customer has failed to do so, or in the event of the existence of such facilities of which customer has no knowledge, Company, its agents and contractors, shall have no liability, of any nature, whatsoever, to Customer, or Customer's agents or assignees, for any actual or consequential damages resulting from damage to such undisclosed or unknown facilities. (ii) IN WITNESS WHEREOF, the Parties have caused this Agreement to be sign by their respective duly authorized representatives. Oncor Electric Delivery City of Ft. Worth I�Adi L1 // TGIl��a.Q'M) Printed Name Signatu e y-r/ & /rr #6EsiGn167/e Title ' Date OFFICIAL RECORD CITY SECRETARY FT WORTH, TX 6yNfinJn V La STD► q-ss ,sTa� G r y ,rnt Title 6ZZ / io Date bye k)<endrix, pity Secretary Meza, Alfonso From: David.Hutchason@oncor.com Sent: Tuesday, June 15, 2010 10:23 AM To: Meza, Alfonso Subject: 1100 Nahville Relocation The requested DSA documents have been given to the ladies in our front office and ready for pickup. Please see the response to your question about taxes below. .The "tax adjustment" refers to the tax gross -up that is added to all Contributions In Aid of Construction (CIAC) collections in order to make Oncor whole for the requested project. Oncor is required to treat CIAC as income in the year in which it is collected. The "tax adjustment" represents the tax liability associated with the CIAC collected on each project. This is tax liability to Oncor and not a tax passed on, nor is it dependent on, the tax exempt status of the entity requesting the service. David Hartelaason Utility Designer 817443-3448 Confidentiality Notice: This email message, including any attachments, contains or may contain confidential information intended only for the addressee. If you are not an intended recipient of this message, be advised that any reading, dissemination, forwarding, printing, copying or other use of this message or its attachments is strictly prohibited. If you have received this message in error, please notify the sender immediately by reply message and delete this email message and any attachments from your system. 6/17/2010 CSNR 6/15/2010 Mr. Alfonso Meza 401 W. 13th. Ft. Worth, TX 76102 RE: Nashville Police Station relocation Dear Mr. Meza: David Hutcheson PMDS Project Designer Oncor Electric Delivery 7860 Winbrook Dr Benbrook, Tx 76126 817-443-3448 Enclosed please find an executable copy of a Discretionary Service Agreement with Oncor Electric Delivery Company I.C. a Delaware limited liability company, and a Statement of Charges in the amount of $14,382.94 for the provision of discretionary services for the above referenced project. Please execute the agreement in the area 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. Sincerely, A�)At4 David Hutcheson PMDS Project Designer 817443-3448 OFFICIAL RECORD CITY SECRETARY F r WORTH, TX I