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HomeMy WebLinkAbout1996 NS - Purchasing - Utilities Reduction Specialists of Clemmons, NC fdor Audit of Telephone and energy Bills 3 NORTH CAROLNNA ORANGE COUNTY' CONTRACT Orange County,a body politic organized and existing under the laws of the State of North Carolina, hereinafter referred to as"County";and UTILITIES REDUCTION SPECIALISTS,a partnership organized and doing business under the laws of the State of North Carolina,hereinafter referred to as"Specialists",do hereby agree and covenants as follows: W ITNESSETH 1. Specialists agree that it will: A. Conduct a utility audit by analyzing: telephone billings and records;electric billings and records;gas billings and records as directed by County. B. Seek rebinds and credits for billing errors; C. Create a cost savings plan which will identify and implement actions and modifications which are guaranteed to be full and completely transparent to the County's business operations and imperceptible in any fashion except in the form of reduced billing. 2. The County agrees as follows: A. It will retain Specialists as its exclusive utility consultants; B. It will provide Specialists with the one(1)month of its telephone bills and one(1)month of energy bills. C. It will compensate Specialists as follows: For refunds or credits from any utility company the fee will be fifty percent(50'/.)of the refiaids and/or credits that result from the Specialists'audit. This fee will be payable upon receipt of the refund or credit. The fee for the cost savings plan,as described above,will be fifty percent(50'/0)of the savings demonstrated over a twenty-four(24) month period following the implementation of the audit. 3. The parties agree that the team of this contract is twenty-four(24)months. 4. The parties agree that in the event the County is required to make any expenditures whatsoever to obtain Opnpment/services to implement the cost savings,the County's approval will be obtained in advance by Specialists and the amount will be fully deducted from the savings sum and commission calculated on the balance. 5. The parties fiathex agree that the following actions will be excluded as a fee item under the cost sags plan: A. Potential hard-forwarding of Chapel Hill lines to a less expensive Hillsborough line. B. Any recommendation which may eliminate Chapel Hill and/or Burlington lines or any other line which may be effected by Extended Area Service(EAS)now in effect in Orange County. Page 1 of 2 p : t 4 6. The parties further acknowledge that if the County does not receive a refimd/credit or expense reduction there will be no fee for the Specialists'services. 7. Any court action filed in reference to this contract must be filed in the North Carolina State Courts in Orange County,North Carolina. This contract may not be assigned with the prior written consent of the County. 8. Specialists retains the exclusive right to conduct any utility audit during the 24 month term of this agreement which is from the date of the County's acceptance until the impleunentation of the plan as described above. During this period,should any in-house review or any other vendor,business,or entity conduct any analysis or audit,Specialist will be entitled to the fifty percent(50%)fee produced by the plan,credits or refund,providing the savings in question was recommended in the original final report prepared by Specialist. 9. The parties acknowledge that County has the right to accept or reject any or all of cost savings plan or recommendations made by Specialists and if all recommendations are rejected that there shall be no payment due to Specialists. 10. The parties acknowledge that Specialists will provide audit results back to county within a nine(9) month period from date of this agreement. If Specialists fails to comply with this time frame,this agreement is no longer in effect and County is under no obligation to Specialists for.theu services. 11. The parties acknowledge that this agreement constitutes the entire and complete understanding of the parties and supersedes and replaces all previous written and verbal agreements. This the day of , 1996. ORANGE COUNTY John M.Link,Jr.,County Manager UTILITIES REDUCTION SPECIALISTS By: Steven D.Mann,President Page 2 of 2