HomeMy WebLinkAboutContract 44729 (;hlTY SECRUARY,
Tariff for Retail Delivery price CONTRACt N04
Oncor Electric Delivery Company LLC
6.3 Agreements and Forms
Applicable., Entire Certified .service Area
Effective Date: September 21, 2009 Page 1 of 2
M 321490
t),j,:) uiscretionary service Agreement WR#:
Transaction'ID: 2996'4
This Discretionary Service Agreement "Agreement") is made and entered into this 7th day of August 2013,
by C ncor Electric Delivery Company LLC("Oncor ncor Electric Deliivery Comp any„or"Company"),a Delaware limited liability company
and distribution utility, and Cit of Fort Worth ("Customer"),
a ,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.
The p y g g pole"one span of overhead secondary cable and one 50"
company agrees to remove one underground roan service install one wood
four wire underground service at 2297 Litsey Road in Fort Worth,The customer agrees to pay$3,621.28 for this work.
2. Nature of Service and Company's Detail Delivery Service lea riff--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 "PUC ")Substantive Rules and Company"s Tariff"for Retain Delivery Service including the Service(Regulations contained
therein),as it may from time to time be fixed and approved by the DUCT("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 apiplicable PUiCT Substantive Rules and Company's Retail Delivery Tariff, Compan y"s Retail Delivery Tariff is
pant of this Agreement to the same extent as if fully set out herein.Unless otherwise expressly staved 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 DUCT or court
orders concerning discretionary"service charges.
4. "Term and Termination This Agreement becomes effective upon acceptance by Customer and continues in
effect until November 15,201
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,arid 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 lawns thereof. This Agreement is subject to
all valid,applicable federal,state,and local laws,ordinances,and rules and regulations of duly constituted regulatory authorities
haviing 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. IBut changes to applicable P CT Substantive
Runes 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 acrd Prior Agreements Superseded--This Agreement,includiing 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 s'ervice 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. This Agreement replaces all prior agreements and undertakings,oral or
written,between the Parties with regard to the subject matter hereof,including without(limitation N/A
and all such agreements and undertakings are agreed by the parties to no(longer be of any force or effect. It i s expressly acknowledged
that the)Parties may have other agreements covering other services not expressly provided for herein"which agreements are unaffected)
by this Agreement.
g. Notices -Notices given under this Agreement are deemed to have been duly dlelivered if hand delivered or
sent by United States certified mail,return receipt requested,postage prepaid,to:
(a) If to Company.
Oncor Electric Delivery
Mark Hinds OFFICIAL,RECORD
South Hm IAL
7 FIC
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ecatur Texas 76 SEC
0 WOF
i no WORTHs TX
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RECEI'VED AUG 212013
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Tariff for Retail Delivery Service
Oncor Electric Delivery Company LLC
6.3 Agreements and Forms
Applicable: Entire Certified Service Area
Effective Date- September 21, 20,09 Page 2 of 2
(b), If to Customer.'
City of Fort Worth
Attni:Leon Wills,oin
1000 Throckmorton 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.
City,of Fort Worth
N/A
N/A
N/ ---
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 untiil the entire invoice is plaid�.The late fee
will be %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 (other than federal income taxes)
applicable by reason of any s,ervilce performed',by Company,or any compensation paid to Company,hereunder must be paid by u�stome'r,
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
i
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 t.Pr- y that is
not a public u�ti I it y or g overn me nta I entity,that a re located within rea I property owned bar C Dinner. n the ev nt tha t Cust mer has
failed to do so,or in the event of the existence of such facilities of which Customer has no p and
contractors,shall have no liability,of any nature whatsoever, to Customer,or Customer's act al or
consequential damages resulting from damage to such undisclosed or unknown facilities. muff SECRETARY
ii
N/A T X
FT.won",
IN WITNESS WHEREOF,the Parties have caused this Agreement to be signed by their respective duly authorized
representatives.
Oncor Ilectric livery ompa LLC City of Fort Woqh,,,,,,
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Mark Hinds 0..,o I/10 0 Co:5e
Printed Name Printed Name
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Date Date
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AttftVd bys A" ROV AS 170 FORM AND LEGAL
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