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3O <br /> <br />o <br /> <br />o <br /> <br />10. <br /> <br />11. <br /> <br />C. Create a cost savings plan which will identify and <br /> implement actions and modifications which are guaranteed <br /> to be full and completely transparent to the county's <br /> business operations and imperceptible in any fashion <br /> except in the form of reduced billing. <br />The County agrees as follows: <br />A. It will retain Specialists as its exclusive utility <br /> consultants; <br />B. It will provide Specialists with the last twelve (12) <br /> months of its telephone bills and energy bills. <br />C. It will compensate Specialists as follows: For refunds <br /> or credits from any utility company the fee will be <br /> fifty percent (50%) of the refunds and/or credits that <br /> result from the Specialists~ audit. This fee will be <br /> payable upon receipt of the refund or credit. The fee <br /> for the cost savings plan, as described above, will be <br /> fifty percent (50%) of the savings demonstrated over a <br /> twenty-four (24) month period following the <br /> implementation of the audit. <br /> The parties agree that the term of this contract is <br /> twenty-four (24) months. <br /> The parties agree that in the event the County is required to <br /> make any expenditures whatsoever to obtain equipment/services <br /> to implement the cost savings, the county's approval will be <br /> obtained in advance by Specialists and the amount will be <br /> fully deducted from the savings sum and commission calculated <br /> on the balance. <br /> The parties further agree that the following actions will be <br /> excluded as a fee item under the cost savings plan: <br /> A. N/A <br /> B. N/A <br /> The parties further acknowledge that if the County does not <br /> receive a refund/credit or expense reduction, there will be no <br /> fee for the Specialists' services. <br /> The parties also acknowledge that should the County fail to <br /> pay any fee or part thereof when due, specialists will be <br /> entitled to recover all costs of litigation including <br /> reasonable attorney, fees for all interest to collect audit <br /> fees. <br /> Specialists retains the exclusive right to conduct any utility <br /> audit during the term of this agreement which is from the date <br /> of the County's acceptance until the implementation of the <br /> plan as described above. During this period, should any in- <br /> house review or any other vendor, business, or entity conduct <br /> any analysis or audit, Specialists will be entitled to the <br /> fifty percent (50%) fee produced by the plan, credits or <br /> refund. <br /> The parties acknowledge that all or a portion of any fee due <br /> under this agreement may be payable directly to the <br /> Specialists audit affiliate, American Entrepreneurial Research <br /> Group, Inc., d/b/a American Institute. <br /> The parties acknowledge that the County has fifteen (15) days <br /> after implementation of the Cost Savings Plan to advise <br /> Specialist of any modification which may be necessary. <br /> The parties acknowledge that this agreement constitutes the <br /> entire and complete understanding of the parties and <br /> supersedes and replaces all previous written and verbal <br /> agreements. <br /> This the 7th day of February, 1994. <br /> <br />ATTEST: <br />/s/ Frankie F, Bonds <br /> <br />ATTEST: <br /> <br />CABARRUS COUNTY <br />/s/ John Witherspoon <br />John Witherspoon, County Manager <br /> <br />UTILITIES REDUCTION SPECIALISTS <br />By: <br />Steven D. Mann, President <br /> <br /> <br />