HomeMy WebLinkAboutContract 45456 Tariff for Re�tai'l Delivery Service CffY SEaC T
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Oncor Electric Delivery Company Lk,�,%
RACT
6.3,Agreements and Forms
Applicable: Entire Certified Service Area
Effective Date: September 21, 2009 Page 1 of 2
6.3.5 Discretionary bervice Agreement \AR#: 32238 14
Transaction ID: N/a
This Discretionary Service Agreement("Agreement") is made and entered into this 12 day of March 1 20141
by Oncor Electric Delivery Company LLC("Oncor Electric Delivery Comp any"o,r"Com pany"),a Delaware limited liability company
and distribution utility, and City of Fort Wo�rth/Police Aviation Division Hagger I("Customer"),
a municipal 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.
Company to install on site facilities to serve Police Aviation hanger.Customer has no cost for this installation.
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 s ervice initiation requests under t his Agreement
in accordance with applicable PUCT Substantive Rules and Company's Retail Delivery T'a riff. Compan y'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 Ta riff. Company and Customer agree to comply with PUCT or court
orders concerning discretionary service charges.
4. Term and Termination--This Agreement becomes effective upon acceptance by Customer and continues in
effect until work completed'.
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 W11 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 understandingi,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 N/A
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,
(`!)FFICIAIMF, EC(C)R ,
c/o Tim Dolan
2501 Urban Drive
CIT' vrS E C R E �l� R Y"
Fort Worth,Tx 76106
R11 FOR Ta
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RECEI VED MAk
Tariff for Retail Delivery Service
Oncor Electric Delivery Compan,y LLC
6.3 Agreements and Forms
Applicable: Entire Certified Service Area
Effective Date: September 21, 2009 Page 2 of 2
(b) If to Customer:
City of Fort Worth/Police Aviation Division Hanger
c/o Fernado Costa
4011 West 13th 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 n which case Company is entitled to transmit electronic invoices to Customer.
City of Fort Worth/Police Aviation Division Hanger
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 of any
provision of thi's 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.
1'3. 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 constructio�,�.Df,,Ah,i,$,,,,,,.,Agr nt.
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14. Multiple Counterparts--This Agreement may be executed in two or more counterp
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deemed an original but all constitute one and the same instrument. °r R�1
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15. Other Terms a — ECREIA,and Conditions
(i) Customer has disclosed to Company all underground facilities owned by Custom r or
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not a public utility or governmental entity,that are located within,real property owned by Customer. In th&event'i'k
failed to do so,or in the event of the existence of such facilities of which Customer has no knowledge,Com-p'
contractors,shall have no l'iabili'ty,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)
Customer to grant easement prior to project approval&schedule for construction.
On-site civil will need to,be installed by customer,this includes 4"PVC sch 40 conduit to ROW and transformer pad per OncorED
inspections&specs.
IN WITNESS WHEREOF,the Parties,have caused this Agreement to be signed by their respective duly authorized
representatives.
Oncor Electric Delivery Company LLC City of Fort Worth/Polli'ce Aviation Division Hanc
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Signature Signature
Tim Dolan
Printed Name Printed Name
New Construction Manager
Title
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3/12/2014
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