WQ0037465_Correspondence_20230827

STATE OF NORTH CAROLINA INSPECTION AND MAINTENANCE
AGREEMENT
COUNTY OF DURHAM
THIS AGREEMENT is made and entered into this 7th dax of November 2018 , by and between
Nate Porterfield (hereinafter the "Owner") and David Brantley & Sons,
Inc. (herein after the "Contractor").
WITNESSETH
WHEREAS, the Owner owns or controls the property upon which a ground absorption sewage
treatment system (hereinafter "system") is installed, such system being designated a Type IV system under
the Rules for Sanitary Sewage Collection, Treatment and Disposal found at 15A N.C. Admin. Code
18A.1900 et seq.; and
WHEREAS, 15A N.C. Admin. Code 18A.1961 requires a contract to be executed between the system
owner and a management entity prior to the issuance of an Operation Permit for said system; and
WHEREAS, 1SA N.C. Admin. Code 18A.1961 requires that a condition of the Operation Permit for
said system be that a properly executed contract between the system owner and a management entity shall
be in effect for as long as the system is in use; and
WHEREAS, the Contractor is a management entity of a type authorized by 15A N.C. Admin. Code
18A.1961 to manage a Type IV System.
NOW THEREFORE, in consideration of the premises and of the mutual covenants and promises
contained in this Agreement, it is hereby agreed by and between the owner and the Contactor as stipulated
below.
The Contractor's Obligations. The Contractor shall perform the following services on the Owner's system
located at 2600 Baptist Rd Durham NC 27703
1.
a. The Contactor shall inspect the system at least at the fi•equency required in Table V (b) of i 5A
N.C. Admin, Code I8A.1961 (b) for a Type IV System.
b. The Contractor shall perform the following routine maintenance procedures in accordance with
the conditions of the Operation Permit:
(1) (See Attached)
(2)
(3)
c. The Contractor shall report the results of its inspections to the Durham County Health Dept.
at the fiequency specified in Table V(b) of 15A N.C. Admin. Code 18A.1961 (b) for a Type IV
System.
d. If an inspection indicates the need for system repairs, the Contractor shall notify the Durham
County Health Department within 48 hours of the inspection.
e. The Contractor shall notify the Owner of needed repairs which are outside of the scope of routine
maintenance described in subparagraph (b) above. The Contractor shall perform necessary
repairs to the system at the request of the Owner and shall be entitled to payment therefore at the
Contractor's normal charge for services and materials.
f The Contactor shall employ or shall contract with a certified operator(s) if required by Table V
(b) of 15A N.C. Admin. Code 18A.1961 (b) for a Type IV System.
g_ The Contractor shall respond to a request for a nonscheduled service or maintenance within 48
hours after receipt of such request.

2. The Owner's Obligations.
a. The Owner shall pay to the Contractor the sum of 3$ 00.00 per year for periodic inspections,
routine maintenance procedures and periodic reports and The annual fee may be amended upon
sixty (60) days advance notice to the Owner but may not be increased more than 10 percent per
year. The Owner shall pay to the Contractor his normal and customary fees for any work
performed on the system as a result of nonscheduled service or maintenance calls. All fees are
due and payable within thirty (30) days of billing. Payments due to the Contractor and unpaid
by the Owner after (30) days shall accrue interest fi•om the due date until paid at a rate of 1 '/2
percent per month.
b. Within 10 days of receipt of notice of needed repairs pursuant to paragraph Le. above, the Owner
shall request the Contractor to complete needed repairs or shall provide to the Contractor
evidence that the needed repairs were satisfactorily completed by another entity.
c. The Owner shall provide the Contractor with such access to the system as is reasonably necessary
for the Contractor to comply with the terms of this Agreement.
d. The Owner shall provide the Durham County Health Department with such access to the system
as is reasonably necessary for the Durham County Health Department to perform its duties as
provided in the "Laws And Rules For Sanitary Sewage Collection Treatment And Disposal",
15 NCAC 18A.1900 et seq.; as amended by the Durham County Board of Health.
3. Term. This Agreement shall remain in effect until terminated.
a. Automatic Termination.
This agreement shall automatically terminate if the Operation Permit for the system is revoked and all
appeals of the revocation are exhausted or time for taking an appeal has passed.
b. Termination by Mutual Consent.
The Parties may mutually agree to terminate this Agreement by giving written notice of termination by
mutual consent to the Durham County Health Department thirty (30) days in advance of the date of
termination.
c. Termination by the Owner.
The Owner may terminate this Agreement by giving notice to the Contractor and to the Durham
County Health Department thirty days in advance of the date of termination.
d. Termination by the Contractor.
(t) The Contractor may terminate this Agreement for cause by giving written notice of intent to
terminate this Agreement to the Owner and to the Durham County Health Department (30)
days in advance of the date of termination. Cause shall be defined as:
(a) failure to remit payment for any bill for services performed under and in accordance
with this Agreement if said bill is not paid within thirty (30) days of receipt by the Owner
of the bill. If said bill is paid after notice of termination is given but prior to the date of
termination of this Agreement, this Agreement shall continue in effect; or
(b) failure of the Owner to provide to the Contractor authorization to complete needed
repairs or satisfactory evidence that needed repairs to the system were completed by another
entity within 30 days of receipt of notice of needed repairs pursuant to paragraph Le. above.
If said authorization to complete needed repairs or evidence of completion of said repairs is
provided after notice of termination is given but prior to the date of termination of this Agree-
ment, this Agreement shall continue in effect;
(c) failure of the owner to allow the Contractor such access to [lie system as is reasonably
necessary in order for the Contractor to comply with the terms of this Agreement.
(2) The Contractor may not terminate this Agreement without cause, but may assign its rights and
duties under this Agreement as provided in paragraph 4, below.
4. Assignment.
a. Assignment by the Owner. The Owner shall notify the Contractor and the Durham County
Health Dept. of the name and address of any purchaser of the property on which the system is located.
The Owner shall also notify any purchaser of the property on which the system is located of the
existence of this Agreement and may assign all rights and duties under this Agreement to said
purchaser.
b. Assignment by the Contractor. The Contractor may assign its rights and duties under this Agree-
ment to another management entity which is qualified pursuant to 15A N.C. Admin. Code 18A.1961
to manage a Type rV System upon thirty (30) days written notice to the Owner and to the

5.
6.
7.
8.
9.
Durham County Health Department.
Use of Subcontractors. The Contractor may subcontract with such manufacturers, suppliers and
contractors as it deems desirable to perform any of the Contractor's Duties under this Agreement.
The Contractor shall at all tunes remain responsible for die performance of and payment for all
work performed by all subcontractors.
Representations. The Parties represent to each other tlhat each has the power, authority and legal
right to enter into and perform its obligations as set forth in this Agreement.
Regulatory Amendments. References in this Agreement to sections of the Administrative Code
shall include such rules as they may be amended in the future.
No Itnnlied Waiver. The waiver by either Party of a default or a breach by the other Party of any
provision of this Agreement shall not operate or be construed to operate as a waiver of any subsequent
default or breach. The failure at any time of either Party to enforce any provision of this Agreement
(a) shall not be construed to be a waiver of such provisions, or of any other provision; and (b) shall
not in any way affect the validity of this Agreement, or any part of this Agreement, or the right of
either Party thereafter to enforce each and every provision of this Agreement.
Notice. Every notice required under this Agreement shall be in writing and shall be deemed
sufficiently given if delivered in person or sent by certified or registered mail, return receipt requested,
postage prepaid to the Party to be notified and addressed as follows:
10.
11
12.
To the Owner: Nate Porterfield
2600 Baptist Rd
Durham, NC 27703
Home: JC�q�l1117'�d Work: Mobile: _
Email: n.ate_wv pc) terfieIcfLi gmai[ corn
To the Contractor: David Brantley & Sons Inc.
37 Pine Ridge Rd
Zebulon, NC 27597
Office: 888-817-1904 Fax: [phone] Email: brantleyoffhce(akmail.com
To the Durham County Department of Environmental Health Attn: Eric Green
P.O. Box 550
Raleigh, NC 27602
The date of any Notice shall be the date of personal delivery or die date shown on the return receipt as
the date of delivery or attempted delivery, as the case may be. Changes in the respective addresses to
which notice may be directed may be made fi•om time to time by either Party by notice to the other
party.
Place of A cement. This Agreement and any questions concerning its validity, construction or
performance shall be governed by the laws of the State of North Carolina, notwithstanding the place of
execution, or the order in which the signatures of the Patties are affixed.
Entire A reement and Amendment. This Agreement supersedes all prior negotiations, agreements
and understandings between the Parties with respect to the subject matter hereof and constitutes the
entire Agreement between the Parties with respect to the subject matter hereof To be effective, any
amendment or modification to this Agreement must be in writing and must be signed by die Parties.
Severability: In the event that any provision of this Agreement shall, for any reason, be determined
to be invalid, illegal or unenforceable in any respect, die Parties shall negotiate in good faith and
agree to such amendments, modifications or supplements of or to this Agreement or such other
appropriate actions as shall, to the maximum extent practicable in light of such determination,
implement and give effect to the intentions of the Parties as reflected in this Agreement, and the other
provisions of this Agreement shall, as so amended, modified, supplemented or otherwise affected by
such action, remain in full force and effect.

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Perform the following tasks
Clean both effluent filter and spin filter
Check float function in both the recirc tank and the drip dose tank
Observe and record flow rates
Check operation of all solenoid valves, clean if needed
Check sludge level in all tanks
Walk fields, check for and repair leaking emmiters
For an extra fee we can pull additional lab samples for analysis.