HomeMy WebLinkAboutContract 620386.3 Agreements and Forms
Tariff for Retail Delivery Service
Oncor Electric Delivery Company LLC
Applicable: Entire Certified Service Area
Effective Date: September 21, 2009 WR#: 2230013
Transaction ID: 24103
Page 1 of 2
This Discretionary Service Agreement ("Agreement") is made and entered into this.22..__day of August , 2024,
by Oncor Electric Delivery Company LLC (" Oncor Electric Delivery Company" or "Company"), a Delaware limited liability company
and distribution utility, and City of Fort worth ("Customer"),
a home-ml e m1mi ci pal corporation , 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.
$6,841.49
customer is responsible for charges for the removal of 3 pot bank 37KVA
transformers and installation of 3 pot bank 50 KVA transformers.
2.Nature of Service and Company's Retail Delivery Service Ta riff --Any discretionary services covered by this
Agreement will be provided by Company, an d 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 ii may from time to lime 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 ang Termination --This Ag,reement becomes effective upon acceptance by Customer and continues in
effect until Job compl et, on of construct, on
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 ii 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 fo r 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 preyi ous cost
and all such agreements and undertakings are agreed by th e 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:
Attn: Blakenship/Jordan
0ncor Electric Delivery
7860 winbrook Dr.
Benbrook, TX 76126
Docusign Envelope ID: 27DC34D5-0AF8-4BFB-834A-E2C57DE71Al4
WWW.ONCOR.COM
Tariff for Retail Delivery Service
Oncor Electric Delivery Company LLC
6.3 Agreements and Forms
Applicable: Entire Certified Service Area
Effective Date: September 21, 2009
(b)If to Customer:
Attn: Shawn Watson
city of Fort worth
1815 Jensen Rd.
Fort worth Texas 76112The 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.
Attn: Shawn Watson
city of Fort worth
1815 Jensen Rd.
Fort worth Texas 76112
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 th e 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 (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 ma y 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 rei;ulting from damage to such undisclosed or unknown facilities.
(ii) Cl ty of Fort Worth agrees that payment shall be made within 30 days of the
date the project is completed or the date the invoice is received, whichever is later.
(iii)The Discretionary Service Charges provided in this agreement are for Oncor Electric Delivery facilities
only and do not include any charges related to the relocation of any facilities owned by a franchised utility, governmental entity, or
licensed service provider (Joint User). The customer must contact all Joint Users and make arrangements to have their facilities
transferred or relocated. Oncor Electric Delivery cannot complete the relocation/removal of facilities outlined in this agreement
until Joint User(s) remove their facilities attached to Oncor Electric Delivery Poles.
(iv)22300130
IN WITNESS WHEREOF, the Parties have caused this Agreement to be signee by their respective duly authorized
representatives.
Oncor Electric Delivery Company LLC
[iZ::7J.rJ,UC • atme)0690E2466 .
Edward Jordan
Printed Name
Designer
Title
09/09/2024 I 11:27:42 AM CDT
city of Fort worth
Customer I Company Name
�
Signature
Jesica McEachern
Printed Name
Assistant City Manager
Title
Sep 26, 2024
Date Date Docusign Envelope ID: 27DC34D5-0AF8-4B FB-834A-E2C57DE71Al4
WWW.ONCOR.COM
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples.
FOR CITY OF FORT WORTH INTERNAL PROCESSES:
Approval Recommended:
By: ______________________________
Name: Dave Lewis
Title: Deputy Director
Park & Recreation Department
Approved as to Form and Legality:
By: ______________________________
Name: Trey Qualls
Title: Assistant City Attorney
Contract Authorization:
M&C: N/A
Form 1295: N/A
Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all
performance and reporting requirements.
By: ______________________________
Name: Shawn Watson
Title: District Superintendent
Park & Recreation Department
City Secretary:
By: ______________________________
Name: Jannette S. Goodall
Title: City Secretary