2011-019 Purchasing - Utilities Reduction Specialists, Inc. for services to conduct a utility audit

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NORTH CAROLINA ' COUNTY OF ORANGE 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, INC., a corporation organized and doing business under the laws of the State of North Carolina, hereinafter referred to as "Specialists", do hereby agree and covenant as follows: WITNESSETH: 1. Specialists agree that it will: A. Conduct a utility audit by analyzing: electricity, water and gas utility bills and records as directed by County. B. Seek refunds and credits for billing errors; C. Create a utility cost savings plan which will identify and implement actions and modifications to reduce billings. 2. The County agrees as follows: A. It will retain Specialists as its exclusive utility consultants for the duration of the term of this Agreement; B. It will provide Specialists with one (1) month listing of all County electricity, water and gas utility bills. C. It will compensate Specialists as follows: For refunds or credits from the Power companies or Vendors, the fee is outlined below for refunds and or credits that result from our audit. This fee will be payable upon receipt of the refund or credit. The fee for the cost savings plan is outlined below for the savings demonstrated over forty-five-month period following the implementation of the cost reduction program. The Cost Reduction Program fee is due and payable within thirty (30) days of our invoice each month for forty-five months. For Credits/Refimds, Specialists fee is to be forty-five (45%). For Future cost Reductions, Specialists fee is to be forty-five (45%) for 12 months. The parties agree that in the event the County is required to make any expenditures whatsoever to obtain equipment/services to implement the cost savings, the County's approval in writing will be obtained in advance by Specialists and the expenditure will bepro-rated over the life expectancy of the equipment. Any County approval other than in writing shall be void and of no effect. The pro-rated monthly cost will be fully deducted from the savings prior to the calculation of fees. 4. The parties further agree the following actions will be excluded as a fee item under the cost 5. The parties further acknowledge that if the County does not receive arefund/credit or expense reduction, there will be no fee or cost for the Specialists' services. 6. 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 without written consent of the County. 7. Specialists retain the exclusive right to conduct any utility audit during the term of this Agreement which is from the date of the County's acceptance until the receipt of final report. During this period, should any in-house review or any other vendor, business, or entity conduct any analysis or audit, Specialists will be entitled to the forty-five percent (45%) fee produced by the cost reduction program and credits or refunds. 8. The parties acknowledge that County has the right to accept or reject any or all of cost savings plan or recommendations made by Specialists. 9. The parties acknowledge that Specialists will provide audit results back to County within a six (6) 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 their services. Page 1 of 2