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HomeMy WebLinkAboutAUTH-07-2021-155096.TIF /---_,,.._, ' PATE OF NORTH CAROLINA. INSPECTION AND MAINTENANCE- .'•y SAMPLE AcREEMEN'l' (rev. 323,1 - :i Ot3NTY OF "' y µ � S :::.!1,s E is made and entered into this ,_ day of :~ . •- - ���3 THIS AGREEMENT (hereinaft th_e d , by and 4etween ;: )caner") and Ja-�`-f "'`�,`` '—hersinafter the 'Contractor'). • / WITNESSETII 9 .,• -. WHEREAS, the Owner owns or controls the property upon which a ground ' „orption sewage treatment syste (hereinafter 'system') is Installed. such ' aye - !m being designated a Type system under the Rules for Sanitary Sewage rn ollection, Treatment and Dispo a1 found at 15A N.C. Admin. Code 18A.1900''et -q.; and -,:K.' WHEREAS, 15A N.C. Admin. Code 18A.1961 requires a contract to:•h,F :,._,;:•. =; tecuted between the system owner and a management entity prior 'to the-_tssu-71C.•- ice of an Operation Permit for:said system; end - - • • - t- �_ -1 WHEREAS, 15A N.C. Admin. Code 18A.1961 requires that a condition:,of -. ''� I Operation Permit for said system be that a properly- executed contract. : ". -:;, 'tween the system owner and a management entity shall.-be in effect. for;_ as.;7 rig as the system is in use; and - - z . ''. - . WHEREAS, the Contractor is a management enti of a type authorized_,by,..:.15,-,: . iA N.C. Admin. Code 18A.1961 to manage a Type j system._ NOW TITEREFORE, in consideration of the premises and of the mutual. . wenants and promises contained in this Agreement, it Is hereby agreed by'and . ttween the Owner and the Contractor as stipulated below:._ The Contractor's Obligations. The Contractor shalt perform the f Mowing` . :rvi on the Owner's system located at ]j� � �r— z. a. The Contractor shall inspect the system at :least at the frequency:.• . _ . required in Table Y(b) of 15A N.C. Admin. Code :18A.1961(b) for a .Type .. • . . . It-System. - h. The Contractor shall perform the following routine maintenance proce- •.. - . dures in accordance with the conditions of the Operation Permit: • - (1) [from operation permit) • - _' (2) .• K��' '.:.: ;.,.":.' .;-P;-.mod:r c. The Contractor shalt report the results of its Inspections: to tits^:IoeAl, AJ; # health department at the frequency cified In`-Table :V(b) of- 151L. NcC = :; Admin. Code 18A.1961(b) for a Type System: _ _ -. `�=-- _ Win: ? : '�.`�•�' - '.i -. ••..-� ?y-�•.. • .•:s•• ., YtbW- Th L :f.:,,;"4 wt=�1r AYrIS � w'� . • l'd 9C9ZZ9ib0L >{ueloindas sueuwey1ee1 dZ :170 90 AeW Sample Agreement (rev. 3/91) P. ? d. If an inspection indicates the need for system repairs, the Contractor. shall notify the local 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 therefor at the Contractor's normal charge for services and materials. f. The Contractor shall employ or shell contract with a certified oopr rat r()a if required if S;� Table Y(b) of 15A N.C. Admin. Code 18A.1861(b) fg. The Contractor shall respond to a request for a nonscheduled service or maintenance call within %C, hours after receipt of such request. • 2. The Owner's Obligations. a. The Owner shall pay to the Contractor the sum of $JO9 4-e for periodic inspect tons, routine maintenance proc4dures and periodic reports. The annual fee • may be amended upon sixty (60) days advance notice to the Owner but, may not be increased more than per year. The Owner shall pay to the Contractor his normal � custom-ary fees for any work performed on the system .as a result of k 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 thirty (30) days shall accrue interest from the due date until paid at a rate of f..f percent per month. b. Within /q days of receipt of notice of needed repairs pursuant to .paragraph i.e. 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 •sys- tem as is reasonably necessary for the Contractor to comply with the terms of this Agreement. 3. Term. This Agreement shall remain In effect until terminated. a. Automatic Termination. This agreement small automol.ically terminate if the Operation Permit for the system is revoked and all appeals of the revocation tire exhausted or time for taking an appeal has passed. p bb. Termination by Mutual Consent. The Parties may 'mutually agree to terminate this Agreement by giving • written notice of termination by mutual consent to the local health department thirty: (30) days in advance of the date of termination. • d 989ZZ9biOL of;deg suauaey;eel d8E b0'CZ 90 AeW Sample Agreement (rev. 3/91) I p. 3 . • c. Termination by the Owner. • The Owner may terminate -this Agreement by giving notice to the Contrac- tor and to the local health department thirty (30) days in advance of the date of termination. d. Termination by the Contractor. (1) The Contractor may terminate this Agreement for cause by giving written notice of intent to terminate this Agreement to the Owner and to the local health department thirty (30) days in advance of the date of termination. Cause shall be defined as: (a) failure to remit payment for any bill for services per- formed 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 termi- nation is given but prior to the date of termination of this Agreement, this Agreement shall continue to effect; or 1 (b) failure of the Owner to provide to the Contractor autho- rization to complete needed repairs or satisfactory evidence that needed repai to the system were completed by another entity within /' , days of receipt of notice of needed repairs pursuant to paragraph 1.e. 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 Agreement, this . Agreement shall continue in effect; (c) failure of the Owner to allow the Contractor sucI► access to the 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 of the name and address of any purchaser of the property on which the system is located. The Owner shall also notify any purchaser or the property on which the system is located of the existence of this Agree- ment and shall assign all rights and duties tinder this .Agreement to said purchaser. b. Assignment hy. the Contractor. The Contractor may assign its rights and duties under this Agreement to another management entity _which is quulified pursuant to 15A N.C. Admin. Code 18A.1961 to manage a Type • 9'd 9E9ZZ9Pi0L vel aildes sueunayleei dg : 0'CZ 40 AeUV • Sample Agreement (rev. 3/91) p. 4 l system upon thirty (30) days written notice to the Owner and to the local health department. • 5. Use of Subcontractors. The Contractor may subcontract with such manu- facturers, suppliers and contractors as it deems desirable -to perform any of the Contractor's duties under this Agreement. The Contractor shall at nil times remain responsible for the performance of and payment for all work performed by all subcontractors. 8. Representations. The Perties represent to each other thnt each has the power, authority and legal right to enter into and perform its obligations os set forth in this Agreement. 7. Regulatory Amendrnents. References in this Agreement to sections of the Administrative Code shall Include such rules as they may be amended in the future. - 8. No Implied 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 opernte as a waiver of any subsequent default or breech. The failure at any time of either Party to enforce any provision of this Agreement (t+) 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. 9. 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: To the Owner: To the Contractor:.4/,G, � l dee ifvl��� �41 � Gr/7G Ofn /'e4 /l/C Z "©9z To the Local Health Department: The date of any Notice shall be the date of personal delivery or the 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 from time to time by either Party by notice , to the other party. 10. Place of Agreement. This Agreement and any questions concerning its validity, construction or performance shall be governed by- the laws of the State • ti'd 9£9ZZ917bOL Nue'oi,dag sueLuaay}ea1 d9E170'£Z SO*Al Sample Agreement (rev. 3/91) P. G of North Carolina, notwithstanding the place of execution, or the order in which the signatures of the Parties are affixed. 11. Entire Agreement 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 amend- ment or modification to this Agreement must be in writing and must be signed by the Parties. 12. Severobility. In the event that any provision of this Agreement shall. for any retistun, he determined to be invalid, Illegal or unenforceable in any respect, the Parties shall negotiate in good faith and agree to such amendments, modifi- cations 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, es so amended, modified, supplemented or otherwise affected by such action, remain in full forte and effect. IN TESTIMONY W]IEREOF, the Parties hereto have executed this Agree- ment in duplicate originals, one of which is retained by each of the Parties, the day and year first above written. /(//1, 't A ( — (Owner) Attest: Az-79 (Con tractor) Attest: • (hr:mecontroct.gm) . • • • • g•d 9£9ZZ917170L >luel D!ldeS suewaeylee d8C170'£Z 90 ABA