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HomeMy WebLinkAboutContract 46171 CITY SECRETARY Tariff for Retail Delivery Service CONTRACT NO. 4`(,Q0 j Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Applicable: Entire Certified Service Area Effective Date: September 21, 2009 Page 1 of 2 6.3.5 Discretionary Service Agreement v\/R#: 3262770 Transaction ID: This Discretionary Service Agreement("Agreement's is made and entered into this 4th day of November 2014 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 TEXAS ,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. Remove deadend pole,o.h.tranformer,o.h.service,one span single phase primary/neutral. Install new anchor and downguy next pole upline. Deadend primary and neutral on new deadend pole at 838 W.Rendon Crowley Rd. Fort Worth,TX as requested by customer. Total cost for request:$2,479.36. Cost valid for 30 days of contract date. 2. Nature of Service and Company's Retail Delivery Service Ta 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("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 acceptance by Customer 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 regkilatory 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. a. 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 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: ib.Q V\ vita L-71G if Cp TFIF O P(,N'1!,ilAF,\11' 9 014 R RECEIVED NOV 1 2 1--- --_- - --,___ __.___ OFF ICIA L 12MI(OK14) Tariff for Retail Delivery Service --