Contract - Oncor - 7/22/2021 Tariff for Retail Delivery Service VNC R.
Oncor Electric Delivery Company LLC
6.3 Agreements and Forms
Applicable: Entire Certified Service Area
Effective Date:September 21, 2009 Page 1 of 2
6.3.6 Discretionary Service Agreement WR#: 3484562
Transaction ID:
This Discretionary Service Agreement('Agreement') is made and entered into this 25 day of June 2021
by Oncor Electric Delivery Company LLC('Oncor Electric Delivery Company"or'Company"),a Delaware limited liability company
and distribution utility, and_ C tv of Round Rock ("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.
Removing overhead facilities along E Liberty Ave.and E Austin Ave.between Mays St.and S Sheppard St.and installing
underground facilities in their place,including one vista gear,one switch gear,and six pad mounted transformers.
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 serv,ce,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 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 completion of this project
Termination of this Agreement does not rel eve 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, includng 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 NA
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.
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
Trey Dewberry
3620 Fanklin Ave.
Waco,TX 76710
2O2�—Ile
Tariff for Retail Delivery Service ONCOR
Oncor Electric Delivery Company 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 Round Rock
Round Rock,Tx.78664
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 Round Rock
Round Rock.Tx_78664
If Company transmits electronic invoices to Customer,Customer must make payment to Company by electron c 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 spec,ied 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 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 facilites 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
(h)
Customer will be responsible for converting all electric meters from overhead service to underground service,installing conduit and
service conductor from the meters to the pad mount transformers. Customer is responsible for all civil. This cost and relocation
does not include other utilities that are attached to Oncor's facilities City of Round Rock will provide all necessary easements.
Customer agrees to pay$335,705.16,agreement and payment must be received in 30 days of completion.
IN WITNESS WHEREOF,the Parties have caused this Agreement to be signee by their respective duly authorized
representatives.
Oncor Electric Delivery Com y LLC City of Round Rock
Custom !Compyy Name
Signature Signature
Trey Dewberry
Printed Name Printed Name
Designer
Title Title
06r2512021 �0."Z.`
Date Date