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Home My WebLink About2004-05Ordinance 2004-OS An Ordinance to Adopt a Contract for an Audit of Utility Accounts in the Town of Pulaski ADOPTED: February 9, 2004 EFFECTIVE: February 9, 2004 .~- ~~~ s• TOWN OF PULASIiI, VIRGINIA ORDINANCE 2004-05 AN ORDINANCE TO ADOPT A CONTRACT FOR AN AUDIT OF UTILITY ACCOUNTS IN TAE TOWN OF PULASKI WHEREAS, The Town Council of the Town of Pulaski, Virginia has determined that it is in the best interest and general welfare of its citizens to insure town utility bills that are received by the Town are correct and accurate. NOW, THEREFORE, be it ORDAINED by the Town Council of the Town of Pulaski, Virginia sitting in special session that the contract between the Town of Pulaski and Utilities Reduction Specialists, Inc. attached hereto and expressly made a part hereof as if expressly set forth herein providing for an audit of Town utility bills received by the Town is hereby adopted and the Town Manager is authorized to execute same. This ordinance is effective upon adoption and is hereby adopted this 9~' day of February, 2004 and is adopted by the duly recorded vote of the Town Council of the Town of Pulaski, as follows: Bettye H. Steger -Aye John T. Bolen -Aye Pauline G. Mitchell - Aye Jeffrey S. Worrell -Aye Kenneth M. Fleenor -Aye James M. Neblett, Jr. -Absent E. G. Black, Jr. -Aye Town of Pulaski, Virginia By: 1~~~... ~' ~. Charles W. Stewart, Jr., Mayor ATTESTED: Patricia Cruise, Clerk of Council acs COMMONWEALTH OF VIRGINIA TOWN OF PULASHI CONTRACT Town of Pulaski, a body politic organized and existing under the laws of the Commonwealth of Virginia, hereinafter referred to as "Town"; 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 agrees as follows: A. It will conduct a utility audit by analyzing: telephone billings and records; electric billings and records; gas billings and records as directed by Town. B. It will seek funds and credits for billing errors. C. It will create a cost savings plan which will identify and implement actions and modifications to reduced billing. 2. The Town agrees as follows: A. It will retain Specialists as its exclusive utility consultants; B. It will provide Specialists with one (1) month of all Town telephone bills and 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 refunds and/or credits that results from the Specialists' audit. This fee will be payable upon receipt of hte refund or credit. The fee for the cost savings plan, as described above, will be fifty percent (50%} of the savings demonstrated over atwenty--four (24) month period following the implementation of the cost reduet~in program: 3. The parties agree that in the event the Town is required to make any expenditures whatsoever to obtain equipmentlservices to implement the cost savings, the Town'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. 4. The parties further agree that the following actions will be excluded as a fee item under the cost savings plan: A. None B. None Page 2 of 4 ~~~ C r ~ 5. The parties further acknowledge that if the Town does not receive a refundlcredit or expense reduction, there will be no fee for the Specialists' services. 6. Any court action filed in reference to this contract must be filed in the Virginia State Courts in Pulaski County, Virginia. This contract may not be assigned without written consent of the Town. 7. Specialists retains the exclusive right to conduct any utility audit during the term of this agreement which is from the date of the Town's acceptance until the implementation 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 requested by Town, Specialists will be entitled to the fifty percent (50%) fee produced by accepted recommendations, credits, and refunds contained in the Specialists' audit report. Also, during this period, should any in-house review or any other vendor, business, or entity conduct any analysis or audit, Specialists will not be entitled to this fee if accepted recommendations, credits, and refunds were not contained in the Specialists' audit report. After receipt of audit report by Town, new findings by any party, including Specialists, are not to be part of Specialists' fee unless approved by Town. 8. The parties acknowledge that Town 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 Town 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 Town is under no obligation to Specialists for their services. 10. 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. ENTIRE AGREEMENT It is agreed between the parties hereto that this Agreement is a reasonable settlement of the rights of the parties hereto and that it is the entire understanding o~the parties and that no negotiations or verbal or written agreements exist, but that all such agreements are hereby merged into this document. No modification of the Agreement shall be allowed unless in writing a~ad signed by the parties hereto. FURTHER DOCUMENTS Each party agrees to execute any and all documents, instruments, or further writings or documents which may be necessary or appropriate to effectuate the terms of this Agreement. SEVERABILITY If a Court of competent jurisdiction at anytime holds that a portion of this Agreement is invalid, the remainder shall not be affected thereby and shall continue in full force and effect. Page 3 of 4 ~l~- C ~ ' ~ VOLUNTARY EXECUTION The parties acknowledge that they are entering into this agreement freely and voluntarily and that no coercion, force, pressure or undue influence has been used in the execution of this agreement, either by the other party hereto or by any other person or persons; that they have ascertained and weighted all facts and circumstances likely to influence their judgment herein; that they have sought or had the opportunity to seek and obtain legal advice independently of each other or have freely waived such opportunity; and that they cleazly understand and assent to all provisions hereof. All questions pertinent thereto, have been fully and satisfactorily explained to them; that the settlement embodied in this agreement is in all respects acceptance to them, and that accordingly they assent to all the provisions hereof. INTERPRETATION This agreement shall be interpreted in accordance with the laws of the State of Virginia. In Witness Whereof, the parties have executed this-lemon the X11 day of ~uA14Y , 2004. C taa"f° TOWN OF PULASKI Town Manag UTILITIES REDUCTION SPECIALISTS, INC. Steven D. Maur, President Page 4 of 4 ~ l I, Patricia Cruise, Clerk of Council, certify that the foregoing Ordinance 2004-05, An Ordinance to Adopt a Contract for an Audit of Utility Accounts in the Town of Pulaski, is a true and correct copy as adopted by the Pulaski Town Council at their regular meeting on February 9, 2004. Patricia Cruise, Jerk of Council .~- Tc/c/ordinance/certificarion 2004-OS