3.02 3.2
SERVICESTost Control Associates-Audit Utility Bills—New Highway Garage—2-27-2023
RESOLUTION AUTHORIZING ENGAGEMENT OF COST CONTROL
ASSOCIATES, INC. TO AUDIT TOWN UTILITY BILLS
RESOLUTION NO.: 12023
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, the Queensbury Town Board wishes to engage the services of a consultant to
audit the Town's utility bills relating to the Town's new Highway Garage Building as previous
Town audits have resulted in significant recovery of past over-billings as well as reductions in
ongoing utility billings, and
WHEREAS, in the past the Town Board engaged the services of Cost Control Associates,
Inc.,to perform these auditing services and was pleased with its services, and
WHEREAS, Cost Control Associates, Inc., will be compensated for its services from any
refunds received by the Town and future utility savings as set forth in the proposed Utilities Review
Agreement presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED,that the Queensbury Town Board hereby approves and authorizes engagement
of the auditing services of Cost Control Associates, Inc., and further authorizes and directs the Town
Supervisor to execute the Utilities Review Agreement and Letter of Authorization substantially in
the form presented at this meeting, as well as any other needed documentation, with the costs of the
auditing services to be paid for from recovery of past utility over-billings as well as reductions in
ongoing billings, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Town Highway Superintendent, Facilities Manager and/or Budget Officer to take any further action
necessary to effectuate the terms of this Resolution.
Duly adopted this 27 h day of February, 2023, by the following vote:
AYES
NOES
ABSENT:
Utilities Review Agreement
This Agreement, made as of the last date signed below, is by and between Town of Queensbury (hereinafter referred to as
CLIENT) and Cost Control Associates, Inc. (hereinafter referred to as CCA).
I. Services Available
[fate Optimization and Reduction Services: CCA will review service types as specified below by CLIENT for the
purposes of obtaining refunds (by check or account credit) and identifying cost reductions_ CCA will discuss finding.
with CLIENT and upon CLIENT approval of each CCA recommendation, CCA will file claims, negotiate with
suppliers, and implement CLIENT-approved cost-reducing changes. CCA will submit a report of cost-reducing
changes to CLIENT for CLIENT's review and approval prior to taking any action on a recommended change.
IL Services Selected
CCA will perform the above-described services for CLIENT service types as indicated with a "yes" below:
Service Type Indicate "Yes" for desired service types
A. Electricity 'Yes
B. Natural gas Yes
C. Water and wastewater No
D_ Propane and other gases No
III. Fees
CLIENT will pay fees to CCA as follows based on identified savings or refunds:
A. Regulated Market Refunds: Any refunds recovered due to CCA's efforts are subject to a one-time fee equal to
23% of each refund. This fee is payable after the CLIENT has received the refund check or credit, and the
correction has been verified by CCA. No fees are payable on cost savings associated with the correction of an
error which also resulted in a refund.
B. Client-approved Regulated Electricity Market Cost Reductions for rates/tariffs: For any cost reductions
recommended by CCA and implemented by CLIENT, CCA will share in the resulting savings at a 23% rate for
the first 24 months following implementation and documentation of the changes and acceptance of the change by
the appropriate authority or supplier. This fee will be payable monthly, or CLIENT may elect to prepay the entire
amount. At the sole discretion of the CLIENT, a specific Cost-reduction recommendation may not be approved
for implementation but if that recommendation is later implemented within 24 months after termination of the
Agreement, those cost reductions are subject to this fee.
IV. Term
The initial term of this Agreement is one year and may be extended in writing by the parties. This agreement may be
cancelled in writing by either party with at least 30 days' written notice. Any fees due CCA, as indicated in Section III
above, will continue to be payable, regardless of cancellation or expiration of this Agreement, for findings in process
at the time of cancellation or expiration of this Agreement. Findings in process include refunds identified but not yet
collected, cost reductions implemented and accepted by the supplier but for which all fees have not yet been billed,
and cost reductions identified but not yet implemented and later implemented by CLIENT within 24 months of the
termination.
V. Other
A. Except as noted on a referenced attachment to this Agreement, CLIENT is not currently working on pursuing
refunds or implementing cost-reduction items. If CLIENT becomes aware of a refund or cost-reduction
opportunity that is not part of CCA's efforts, and CLIENT elects to pursue that opportunity on its own, then
CLIENT agrees to notify CCA in writing upon CLIENT'S discovery of that opportunity.
Cost Reduction Agreement, rev. 12-26-17, Page 1 of 2
❑ If checked, please see attachment.
B. CLIENT will cooperate with CCA by signing letters of authority to suppliers, supplying copies of appropriate
bills, completing forms, and providing other documentation and information. CLIENT agrees that it will not
undertake new price negotiations or rate changes associated with the Service Types marked "'Yes" in Section II
until CCA's analysis and report for each area is presented to CLIENT. CCA should work directly with suppliers
to effectively correct billing errors, negotiate price and rate changes, and implement CLIENT-approved cost-
reduction items. If in response to cost-reduction recommendations presented by CCA, CLIENT chooses to: l )
implement a similar cost-reducing change, 2) pursue on its own a refund or implement a cost-reduction item that
was recommended by CCA, and/or 3) benefit from a refund or cost-reduction item based on an issue identified by
CCA but available to CLIENT through the actions of third parties, CCA is still entitled to its fees.
C. CCA is permitted by CLIENT to use specialists on a subcontract basis in the performance of the work as
described in this Agreement at no additional cost to CLIENT, if CCA deems the use of such specialists to be
beneficial.
D. Fees are payable to CCA within 30 days of date invoiced_ Late fees are payable on invoices more than 10 days
past due at the rate of t .5% per month. In the event that an invoice remains past due for more than 75 days, CCA
may issue a one-time invoice after giving the CLIENT a 15 day written notice for the projected total amounts due
CCA over tyre remaining term of the cost-savings share period. Such invoice will be due immediately.
E. CCA agrees that any and all information obtained from the CLIENT is deemed confidential and proprietary and,
upon request, shall be returned to the CLIENT within 30 days. Any copies or electronic storage of the data shall
be destroyed, and such destruction shall be confirmed by CCA. This provision shall also apply to any
subcontractor, employee or independent party retained by CCA. However, it is understood that certain CLIENT
information might be required to implement cost-reduction changes and the filing of refunds and to the extent
CLIENT permits the implementation or riling and such is public record, then the information shall no longer be
viewed as confidential.
F. This is the entire Agreement between the parties.
G. In the unlikely event of any disputes, the parties will attempt to settle the dispute among themselves. If
unsuccessful, the dispute will be submitted to the' Arnerican Arbitration Association in Albany, New 'York. The
award of the arbitrator will include costs and reasonable attorneys' fees for the prevailing party.
CLIENT
by: S i gnature Date
Print ,Jame Title
CCA by: Date
Signature
Print Name Title
Cast Reduction Agreement, rev. 12-26-17, Page 2 of 2
Federal Tax ID#:
Date:
LETTER. OF AUTHORIZATION
To Whom It May Concern-
Cost Control Associates, Inc and its affiliate, SIB Fixed Cost Reduction Company, LLC (together, "CCA" or the "Company"),
have been engaged to review our utility costs. Cost Control Associates/SIB Fixed Cost Reduction is hereby engaged and
authorized to act as our agent in all matters pertinent to our services with your company. Representatives from both Cost
Control Associates and SIB Fixed Cost Reductions may contact your organization. This review includes a variety of services
and expenses; you are not being singled out. Thank you in advance for helping us make this review successful.
Please work with CCA/SIB as our agent to accomplish the following:
• Provide CCA/SIB with copies of our service agreements
Provide SIB with all requested invoices, usage reports, tax information and other account records
Establish a new, competitive pricing plan for our accounts with your company
Please be advised that we may instruct CCA/SIB to do any of the following on our behalf:
• Request new, change existing, cancel, or transfer service
• Negotiate and execute new contracts
Set-up and/or request log-on information pertaining to online account access
Change rate schedules and request rate analyses
* Obtain any other information pertaining to our account with your company
This letter of agency will remain in effect for five years from the date of signature and applies to all locations and accounts.
We request that you cancel the auto renewal of any of our accounts with your company that have clauses in their contract(s)
providing for automatic renewal of renewal terms in excess of 12 months in length. We do not wish to terminate any services at
this time.
If you require further verification of CCA's/SIB's authorization to work on our behalf, please contact me.
Sincerely,
Signature
Name (Printed)
Title Email Address
Phone
Corporate name TIN
SIB —Confidenfiat— Da Not D i stributa Page of SIB Seawiceftreom k rev2022-10-06