DURHAM AGAINST FLUORIDE

Zero Water sells a water pitcher that filters all the bad junk out of your water – chemicals/pharmaceuticals, etc. It’s the only pitcher that will remove that stuff. It’s all I will drink. You should give it a try. It comes with a digital water tester too so you can make sure your water is clean.

NORTH CAROLINA ) THE GENERAL COURT OF JUSTICE
) SUPERIOR COURT DIVISION
) 16CVS 00010074
ORANGE COUNTY )
TOWN OF HILLBOROUGH A )
NORTH CAROLINA MUNICIPALITY

Plaintiff )
)
M.DALE SWIGGETT )
NORTH CAROLINA )
SCIENTIFIC NON PROFIT )
Defendant )
JORDAN LAKE PARTNERSHIP )
c/o WARREN MILLER )
Fountainworks )
422 St. Mary’s Street # 6 )
Raleigh, NC 27605 )
3rd Party Defendants )
Background

The Town of Hillsborough, North Carolina is in a US Department of Interior Historic District and the Lake Jordan Water Shed Partnership Planned by Warren Miller Fountionworks.
The Town of HIllsborough has failed to maintain and Protect the Property Value of the Colonial Inn in the Hillsborough District, and Low Income People, and Schools from Lead and Potash Phosphate Fluoride Contamination.
Both Known Carcinogens.
The Potash PCS Phosphate Mine in Aurora NC in Beaufort County North Carolina Contaminated Camp Lejuene and Seven Neighboring Counties.
Based on an Announcement buy UNC Administer explained that the area was a known Cancer Cluster that is the Most Concentrated in the United States.
The new cancer center will cost about $30 million and is expected to take three years to complete, said officials. But there is no word on when construction will begin. Pictured above is an artist’s rendition of the facility.

“The new cancer center supported by our wonderful local clinicians and enhanced by our collaborative efforts with UNC Cancer Care will make the journey to recovery much more navigable and make available specialists, protocols and clinical trials never before available in our region,” said Ray Leggett, president and CEO of CarolinaEast Health System.

CarolinaEast says it will work closely with UNC Cancer Care to fill gaps in cancer care, decreasing the need for Eastern Carolina residents to travel to all the way Chapel Hill or the Triangle for treatment.

Currently, the distance from CarolinaEast Medical Center to the North Carolina Cancer Hospital in Chapel Hill is 141 miles and will take two hours and 19 minutes to travel, according to Google Maps.

The North Carolina Central Cancer Registry says six local counties (Craven, Jones, Carteret, Onslow, Lenoir, and Beaufort) are well above the state and national average for annual incidences of cancer. In those counties, 2421 people are diagnosed with cancer each year on average. The top four counties are Jones, Carteret, Beaufort, and Lenoir ( which is No. 2 in the state for the highest rate of cancer), the new release says.

Those six counties are also above the state and national average for annual cancer deaths, with an average of 916 people dying each year, according to the N.C. Central Cancer Registry.

In the entire state of North Carolina, there are 17,758 cancer deaths each year on average, based on data from the National Cancer Institute and Centers for Disease Control.
Another Sixty Million was Raised for Another Cancer in New Bern to begin to Care for an Estimated One Million Harmed Parties Military and Families East of Interstate 95 within the Growing Contaminated PCS Mine 1300 Sq. Mile Cone of Depression

CarolinaEast Medical Center in New Bern is undergoing more than a midlife cosmetic facelift; it is being transformed to better meet the health care needs of Craven County and surrounding areas.

The hospital’s Neuse Boulevard campus has embarked on an ambitious, multi-year series of construction and renovation projects designed to improve the space for labor and delivery services, expand the emergency department, construct two new large operating rooms, and make room for its new cancer-treatment center with UNC Hospitals.

“We are 52 years old now and it is time to get some work done,” said Ray Leggett, president/CEO of CarolinaEast Health System, in a statement.
“While this is a massive, complex undertaking and will take several years to complete, it is way overdue and what our public deserves.”

The projects are expected to cost about $64 million, which hospital officials say will be paid for with money from CarolinaEast’s reserve fund and from operating revenues. Work is expected to be complete sometime in late 2018.

Within Hillsborough and Its Extra Territorial District in Orange County, are have Wells & Septic Tanks Contaminating Drinking Water with Lead and other Heavy Metals.
Base on Investigation of Ground-Water Availability
and Quality in Orange County,
North Carolina
Prepared in cooperation with Orange County, North Carolina
By William L. Cunningham and Charles C. Daniel, III
U.S. GEOLOGICAL SURVEY
Water-Resources Investigations Report 00–4286
Investigation of Ground-Water Availability
and Quality in Orange County,
North Carolina
Prepared in cooperation with Orange County, North Carolina
http://nc.water.usgs.gov/reports/wri004286/pdf/report.pdf

After the Town Flint, Michigan Water Lead Problem was Exposed the
The Town of Hillsborough Published a Public Press Release with Lead Misrepresentations.
Hillsborough has kept Making False Claims of its Management of Lead Removal out of the Water System and Continued to Pass the Burden of the Cost of Lead Removal on Schools, Low Income People and All People Within the Hillsborough Extraterritorial Zoning District.

Thursday, May 12, 2016
In the “The Town of Hillsborough has a long history of working to prevent water customers’ exposure to lead.
The town has no lead pipes in its distribution system, but some buildings may have lead supply lines connecting them to the town’s distribution system. Others may have copper plumbing with lead-based solder. Because lead supply lines generally were not used after 1930, the town does not have reliable data on how many — if any — are connected to its system. However, copper plumbing installed between 1983 and 1987 is likely to contain lead-based solder.

The only way to know for certain if a building’s pipes are made of lead is to examine them, which requires digging up the supply line and checking the plumbing in a basement or crawlspace. Although these pipes are not owned by the town, the town takes its responsibility to provide safe water seriously, and adds a blended phosphate corrosion inhibitor to its water. This additive greatly reduces the risk of pipes leaching lead and copper into the water.

Use of lead-based solder was a major reason the federal Environmental Protection Agency instituted its Lead and Copper Rule in 1991. Compliance with the Lead and Copper Rule requires that the town periodically check the amount of lead and copper in customers’ water after it has passed through the service line and the building’s plumbing. The rule has been revised several times in the intervening years, and the town has remained fully compliant since the beginning.

The town primarily conducts its tests in houses built during the years lead-based solder was in use. The town takes 30 samples every three years, with the next sampling scheduled for later this year. The amount of sampling done by the town has been reduced by the EPA due to Hillsborough’s long history of compliance with the Lead and Copper Rule.

Although the corrosion inhibitor of Phosphate Fluoride greatly reduces the risk, customers who suspect they have lead pipes or copper pipes with lead-based solder also are encouraged to take the following precautions to limit exposure:
•Flush out lines after a period of stagnation. (Consider using the water to flush toilets or water plants in order to minimize waste.)
•Purchase a filtering or treatment device certified to remove lead, and make sure the device is properly installed and maintained.
•Avoid drinking or cooking with water from the hot water tap, where lead is more likely to be present.

Legislator ‘appalled’ that NC schools haven’t tested for lead in water

House bill would require all schools, child care facilities to conduct testing

Drinking water supplies with elevated lead levels would be shut off

Rep. Hager: ‘We have to make sure our children are protected’
Cody Gibson pipettes water samples and transfers the samples to vials as he tests water in the lab at Charlotte Water’s Environmental Services Facility on January 28, 2016.
Cody Gibson pipettes water samples and transfers the samples to vials as he tests water in the lab at Charlotte Water’s Environmental Services Facility on January 28, 2016. Diedra Laird dlaird@charlotteobserver.com
BY COLIN CAMPBELL
ccampbell@newsobserver.com
Schools and child care centers would be required to test their drinking water for lead under a bill moving forward in the N.C. House.

House Majority Leader Mike Hager, a Rutherfordton Republican, sponsored the bill that could be on the House floor for a vote sometime this week.

“We have to make sure our children are protected when they’re in school,” Hager said Thursday before a House committee gave the bill its unanimous approval.

Hager referenced a USA Today investigation that found 2,000 water systems across the country that had lead levels exceeding federal limits. The findings included an elementary school in Nash County.

Lead contamination has been a hot topic nationally in the wake of the Flint, Michigan, water crisis.

Under Hager’s bill, schools and child care centers would have to test multiple drinking fountains and sinks throughout their facilities in 2017. A state public health agency would then analyze the water samples. Facilities would be required to post the results and send them to the parents and guardians of children.

If any water sources exceed the federal limits, the school or child care facility would be required to immediately find alternate water. Estimates indicate that $4.9 million is needed to cover the costs of testing.

“We do see more than 1,000 children a year with elevated exposures,” Ed Norman, who heads the Children’s Environmental Health division at the N.C. Department of Health and Human Services, told the committee.

Norman said the bulk of those cases stem from lead paint, while about 20 percent were related to contaminated water. “We do not have much data on levels in schools and child care centers,” he said.

The state’s Department of Environmental Quality tests municipal water systems for lead, but it doesn’t test schools individually. Lead pipes are present in some older school buildings.

Studies found high blood lead levels in children in Greenville, Durham and Wayne County a decade or so ago, according to a 2009 article in the journal Environmental Health Perspectives. While the public utilities didn’t have lead pipes, changes in chemicals affected lead pipes in home plumbing.

It’s unclear how many schools and child care facilities across the state might have lead pipes, but many of them were built when the pipes were commonly used.

“I’m just appalled that these schools haven’t been tested previously,” said Rep. Chris Millis, a Pender County Republican. “I’m looking forward to seeing what will be found here.”

The Asheville Citizen-Times reported that Red Oak Elementary in Nash County had elevated lead levels last summer and did not notify families. The test results were posted on a wall in a kitchen because only janitorial staff were working at the time. More tests were conducted before school resumed and the levels dropped below federal limits.
Rep. Jimmy Dixon, a Duplin County Republican, cautioned against “sensationalizing” the issue of lead in water, and he said anyone who did so “needs a real good spanking and be sent to time out.”

“I personally hope that what we will find is a situation that is manageable that we can address promptly,” he said.

Colin Campbell: 919-829-4698, @RaleighReporter
Read more here: http://www.newsobserver.com/news/politics-government/state-politics/article86094637.html#storylink=cpy

Under the Freedom of Information Act
I would ask the Court to Require the Town of Hillsborough to Test the Water Supply Line at the Curb of the Colonial Inn for Cancer Causing Lead and Heavy Medals and the Sewer Line for Head and Back Pressure
To this Date the Town of Hillsborough has not attempted to Comply with the Freedom of Information Act Request to Date.

Freedom of Information Request
5 U.S.C. § 552, As Amended By
Public Law No. 104-231, 110 Stat. 3048
I would ask the that this case be Continued for 12 Months to Allow the Town of Hillsborough to Inspect all Water Sources Within the Town of Hillsborough and its Exterritorial Districts for Cancer Causing Lead and Heavy Metals.

FALSE CLAIMS ACT CASES:
GOVERNMENT INTERVENTION IN QUI TAM (WHISTLEBLOWER) SUITS
This memorandum provides a brief, general overview of qui tam litigation under the
False Claims Act. It does not constitute legal advice and does not represent the official policy
of the United States Department of Justice.
The False Claims Act, 31 U.S.C. § 3729 et seq., provides for liability for triple damages
and a penalty from $5,500 to $11,000 per claim for anyone who knowingly submits or causes the
submission of a false or fraudulent claim to the United States.
The statute, first passed in 1863, includes an ancient legal device called a “qui tam”
provision (from a Latin phrase meaning “he who brings a case on behalf of our lord the King, as
well as for himself”). This provision allows a private person, known as a “relator,” to bring a
lawsuit on behalf of the United States, where the private person has information that the named
defendant has knowingly submitted or caused the submission of false or fraudulent claims to the
United States. The relator need not have been personally harmed by the defendant’s conduct.
The False Claims Act has a very detailed process for the filing and pursuit of these
claims. The qui tam relator must be represented by an attorney. The qui tam complaint must, by
law, be filed under seal, which means that all records relating to the case must be kept on a
secret docket by the Clerk of the Court. Copies of the complaint are given only to the United
States Department of Justice, including the local United States Attorney, and to the assigned
judge of the District Court. The Court may, usually upon motion by the United States Attorney,
make the complaint available to other persons.
The complaint, and all other filings in the case, remain under seal for a period of at least
sixty days. At the conclusion of the sixty days, the Department of Justice must, if it wants the
case to remain under seal, file a motion with the District judge showing “good cause” why the
case should remain under seal. In the usual course, these motions request an extension of the
seal for six months at a time.
In addition to the complaint filed with the District Court, the relator through his or her
counsel must serve upon the Department of Justice a “disclosure statement” containing
substantially all the evidence in the possession of the relator about the allegations set forth in
the complaint. This disclosure statement is not filed in any court, and is not available to the
named defendant.
Under the False Claims Act, the Attorney General (or a Department of Justice attorney)
must investigate the allegations of violations of the False Claims Act. The investigation
usually involves one or more law enforcement agencies (such as the Office of Inspector
General of the victim agency, the Postal Inspection Service, or the FBI.) In some
investigations where state agencies are victims, state attorneys general with expertise and
interest will participate in the investigation and work closely with the federal agencies.
The investigation will often involve specific investigative techniques, including
subpoenas for documents or electronic records, witness interviews, compelled oral testimony
from one or more individuals or organizations, and consultations with experts. If there is a
parallel criminal investigation, search warrants and other criminal investigation tools may be
used to obtain evidence as well.
At the conclusion of the investigation, or earlier if so directed by the Court, the
Department of Justice must choose one of three options named in the False Claims Act:
1) intervene in one or more counts of the pending qui tam action. This intervention
expresses the Government’s intention to participate as a plaintiff in prosecuting
that count of the complaint. Fewer than 25% of filed qui tam actions result in an
intervention on any count by the Department of Justice.
2) decline to intervene in one or all counts of the pending qui tam action. If the
United States declines to intervene, the relator and his or her attorney may
prosecute the action on behalf of the United States, but the United States is not a
party to the proceedings apart from its right to any recovery. This option is
frequently used by relators and their attorneys.
3) move to dismiss the relator’s complaint, either because there is no case, or the
case conflicts with significant statutory or policy interests of the United States.
In practice, there are two other options for the Department of Justice:
4) settle the pending qui tam action with the defendant prior to the intervention
decision. This usually, but not always, results in a simultaneous intervention and
settlement with the Department of Justice (and is included in the 25%
intervention rate).
5) advise the relator that the Department of Justice intends to decline intervention.
This usually, but not always, results in dismissal of the qui tam action.
There are no statistics reported on the length of time the average qui tam case remains
under seal. In this District, most intervened or settled cases are under seal for at least two years
(with, of course, periodic reports to the supervising judge concerning the progress of the case,
and the justification of the need for additional time).
Intervention by the Department of Justice in a qui tam case is not undertaken lightly.
Intervention usually requires approval by the Department in Washington. As part of the decision
process, the views of the investigative agency are solicited and considered, and a detailed
memorandum discussing the relevant facts and law is prepared. This memorandum usually
includes a discussion of efforts to advise the named defendant of the nature of the potential
claims against it, any response provided by the defendant, and settlement efforts undertaken prior
to intervention. This memorandum is considered to be attorney work product exempt from
disclosure.
Upon intervention approval, the Department of Justice files
1) a notice of intervention, setting forth the specific claims as to which the United
States is intervening;
2) a motion to unseal the qui tam complaint filed by the relator and the notice of
intervention. All other documents filed by the Department of Justice up to that
point remain under seal.
The decision by the Department of Justice to intervene in a case does not necessarily
mean that it will endorse, adopt or agree with every factual allegation or legal conclusion in the
relator’s complaint. It has been the usual practice of the Department to file its own complaint
about 60 days after the intervention, setting forth its own statement of the facts that show the
knowing submission of false claims, and the specific relief it seeks. In addition, the Department
of Justice has the ability to, and often will, assert claims arising under other statutes (such as the
Truth in Negotiation Act or the Public Contracts Anti-Kickback Act) or the common law, which
the relators do not have the legal right to assert in their complaint, since only the False Claims
Act has a qui tam provision.
After the relator’s complaint is unsealed, the relator through his or her attorney has the
obligation under the Federal Rules of Civil Procedure to serve its complaint upon each named
defendant within 120 days.
Each named defendant has the duty to file an answer to the complaint or a motion within 20 days
after service of the government’s complaints. Discovery under the Federal Rules of Civil
Procedure begins shortly thereafter.
CONTRACT BETWEEN FOUNTAINWORKS, LLC AND THE CITY OF DURHAM FOR
FACILITATION AND SUPPORT FOR THE JORDAN LAKE PARTNERSHIP
This contract is made and entered into as of the _____ day of ___________________,
20_____, by the City of Durham (“City”) and Fountainworks, LLC (“Contractor”), a limited
partnership organized under the laws of North Carolina
Sec. 1. Background and Purpose. The Jordan Lake Regional Water Supply Partnership
(Partnership) was formed by various local governments and water authorities and created to
support a regional planning partnership and to explore joint development of a water supply intake
on the western shore of Jordan Lake. The Partnership is governed by a Memorandum of
Understanding (MOU) between the members and is managed by a Partnership Management
Team (PMT). The PMT provides guidance to Durham in the management of the Partnership. The
Contractor services will include ongoing strategic collaboration and general support for the
activities of the Partnership. Each member of the Partnership has agreed to an annual payment to
the City of Durham to help offset the costs of Durham’s support for the collaborative efforts of
the Partnership. The purpose of this contract is to set forth the terms and conditions under which
the Contractor, Fountainworks, LLC will provide professional services in support of the City of
Durham’s responsibility to act as the Lead Agency for the Jordan Lake Regional Water Supply
Partnership.
Sec. 2. Services and Scope to be Performed. The Contractor shall conduct facilitative
and support services as outlined in Attachment A, “Description of Services”. The services shall
be as directed and authorized by the Durham Project Manager, as designated by the director of
the Department of Water Management. In this contract, “Work” or “Project” means the services
that the Contractor is required to perform pursuant to this contract and all of the Contractor’s
duties to the City that arise out of this contract.
Sec. 2a. Term and Extensions of Term. The Term of this Contract shall be from April 1,
2013 through March 31, 2015. The Contract may be extended for no more than two additional
years upon written authorization of both parties, if funds remain within the amount approved
herein for the Contract, upon the same terms and conditions as set forth in this Contract. The City
Manager is authorized on behalf of the City to agree to such extension. This extension option
does not preclude extension upon other terms or conditions or with additional compensation as
may be authorized pursuant to law and City Council resolution.
Sec. 3. Complete Work without Extra Cost. Except to the extent otherwise specifically
stated in this contract, the Contractor shall obtain and provide, without additional cost to the City,
all labor, materials, equipment, transportation, facilities, services, permits, and licenses necessary
to perform the Work.
Sec. 4. Compensation. The City shall pay the Contractor for the Work as described in
Attachment B, “Compensation.” The City shall not be obligated to pay the Contractor any
payments, fees, expenses, or compensation other than those authorized by this section.
Compensation for Work performed will not exceed $10,000 in any month without prior written of
the City Project Manager. In addition, notwithstanding the services rendered, the total cost
of Contractor’s services, including but not limited to those that might be supplied by
subcontractors under this Contract, shall not exceed $120,000 for each of the two periods
within the Contract. The Contract periods are May 1, 2013 through May 31, 2014 and
June 1, 2014 through May 31, 2015.
Sec. 5. Contractor’s Billings to City. The Contractor shall send invoices to the City on a
monthly basis for the amounts to be paid pursuant to this contract. Each invoice shall identify the
person performing the services, the billing rate of such person using the categories set forth in
Attachment B, the date the services were performed, a description of the services performed, and
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such other information as may be reasonably requested by the City. Within twenty days after the
City receives an invoice, the City shall send the Contractor a check in payment for all undisputed
amounts contained in the invoice.
Sec. 6. Insurance. Contractor shall maintain insurance not less than the following:
Commercial General Liability, covering
• premises/operations
• products/completed operations
• broad form property damage
• explosion, collapse, and underground hazards if the hazards exist in the performance of this
contract
• contractual liability
• independent contractors, if any are used in the performance of this contract
• City of Durham must be named additional insured, and an original of the endorsement to
effect the coverage must be attached to the certificate (if by blanket endorsement, then agent
may so indicate in the GL section of the certificate, in lieu of an original endorsement)
• combined single limit not less than $1,000,000 per occurrence; aggregate limit not less than
$2,000,000 per year
Professional Liability, covering
• engineers (employed or engaged by Contractor)
• covering claims arising out design work, calculations and estimates, and any other
professional engineering services performed in connection with this contract
• self-insured retentions/deductibles in excess of $25,000 must be approved by City Finance
Director
• coverage may be provided either by specific policy or as part of the Commercial General
Liability Policy
• combined single limit not less than $1,000,000 per occurrence; aggregate limit not less than
$2,000,000 per year;
Workers’ Compensation Insurance, covering
• statutory benefits;
• covering employees; covering owners, partners, officers, and relatives (who work on this
contract); if Contractor has less than 3 employees, certificate must specifically state that
owners, partners, officers, employees and relatives are covered by the policy)
• employers’ liability, $1,000,000.
• Waiver of subrogation in favor of the City of Durham
Insurance shall be provided by:
• companies authorized to do business in the State of North Carolina
• companies with Best rating of A-VIII or better.
Insurance shall be evidenced by a certificate:
• providing notice to the City of not less than 30 days prior to cancellation or reduction of
coverage
• certificates shall be addressed to:
City of Durham, North Carolina
Department of Water Management
attention: Vicki Westbrook
101 City Hall Plaza
Durham, NC 27701
• both the insurance certificate and the additional insured endorsement must be originals and
must be approved by the City’s Finance Director before Contractor can begin any work under
this contract.
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Sec. 7. Performance of Work by City. The City may, in its discretion, in order to address
performance issues or bring the project closer to the schedule perform or cause to be performed
some or all of the Work, and doing so shall not waive any of the City’s rights and remedies.
Before doing so, the City shall give the Contractor notice of its intention. The Contractor shall
reimburse the City for additional costs incurred by the City in exercising its right to perform or
cause to be performed some or all of the Work pursuant to this section.
Sec. 8. Exhibits. The following exhibits are made a part of this contract:
Attachment A – Description of Services containing 2 pages.
Attachment B – Compensation containing 1 page.
In case of conflict between an exhibit and the text of this contract excluding the exhibit,
the text of this contract shall control.
Sec. 9. Termination for Convenience (“TFC”). (a) Procedure. Without limiting any
party’s right to terminate for breach, the City may, without cause, and in its discretion, terminate
this contract for convenience by giving the Contractor written notice that refers to this section.
TFC shall be effective at the time indicated in the notice. The City Manager may terminate under
this section without City Council action. (b) Obligations. Upon TFC, all obligations that are still
executory on both sides are discharged except that any right based on prior breach or performance
survives, and the indemnification provisions and the section of this contract titled Trade Secrets
and Confidentiality shall remain in force. At the time of TFC or as soon afterwards as is
practical, the Contractor shall give the City all Work, including partly completed Work. In case
of TFC, the Contractor shall follow the City’s instructions as to which subcontracts to terminate.
(c) Payment. The City shall pay the Contractor an equitable amount for the costs and charges that
accrue to Contractor because of the City’s decisions with respect to any subcontracts, but
excluding profit for the Contractor. With regard to Contractor’s own services, within 20 days of
final billing by the Contractor, the City shall pay the Contractor a one hundred dollar TFC fee
and for all Work performed by Contractor consistent with the provisions of this Contract, except
to the extent previously paid for. Work shall be paid for in accordance with the method (unit
prices, hourly fees, etc.) to be used for payment under this Contract. If Work was to be paid for
on a lump-sum basis, the City shall pay the part of the lump sum that reflects the percentage of
completion attained for that Work. The Contractor shall not be entitled to any payment except as
stated in this section because of TFC, whether on the basis of overhead, profit, damages, other
economic loss, or otherwise.
Sec. 10. Notice. (a) All notices and other communications required or permitted by this
contract shall be in writing and shall be given either by personal delivery, fax, or certified United
States mail, return receipt requested, addressed as follows:
To the City:
Donald F. Greeley, Director or
Vicki P. Westbrook, Assistant Director
City of Durham
101 City Hall Plaza
Durham, NC 27701
The fax number is (919) 560-4479
To the Contractor:
Warren Miller, Partner
Fountainworks, LLC
PO Box 28142
Raleigh, NC 27611
The fax number is (919) 833-8177
(b) Change of Address. Date Notice Deemed Given. A change of address, fax number,
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or person to receive notice may be made by either party by notice given to the other party. Any
notice or other communication under this contract shall be deemed given at the time of actual
delivery, if it is personally delivered or sent by fax. If the notice or other communication is sent
by United States mail, it shall be deemed given upon the third calendar day following the day on
which such notice or other communication is deposited with the United States Postal Service or
upon actual delivery, whichever first occurs.
Sec. 11. Trade Secrets and Confidentiality. The request for proposals section titled
“Trade Secrets and Confidentiality” shall apply to any Trade Secrets disclosed to the City during
the process leading to the parties’ entering into this Contract (including all of the Contractor’s
responses to the RFP). This section shall remain in force despite termination of this contract
(whether by expiration of the term or otherwise) and termination of the services of the Contractor
under this contract. The word “Proposer” used in that section shall mean the “Contractor.”
Sec. 12. Indemnification. (a) To the maximum extent allowed by law, the Contractor
shall defend, indemnify, and save harmless Indemnitees from and against all Charges that arise in
any manner from, in connection with, or out of this contract as a result of acts or omissions of the
Contractor or subcontractors or anyone directly or indirectly employed by any of them or anyone
for whose acts any of them may be liable. In performing its duties under this subsection “a,” the
Contractor shall at its sole expense defend Indemnitees with legal counsel reasonably acceptable
to City. (b) Definitions. As used in subsections “a” above and “c” below — “Charges” means
claims, judgments, costs, damages, losses, demands, liabilities, duties, obligations, fines,
penalties, royalties, settlements, and expenses (included without limitation within “Charges” are
(1) interest and reasonable attorneys’ fees assessed as part of any such item, and (2) amounts for
alleged violations of sedimentation pollution, erosion control, pollution, or other environmental
laws, regulations, ordinances, rules, or orders — including but not limited to any such alleged
violation that arises out of the handling, transportation, deposit, or delivery of the items that are
the subject of this contract). “Indemnitees” means City and its officers, officials, independent
contractors, agents, and employees, excluding the Contractor (c) Other Provisions Separate.
Nothing in this section shall affect any warranties in favor of the City that are otherwise provided
in or arise out of this contract. This section is in addition to and shall be construed separately
from any other indemnification provisions that may be in this contract. (d) Survival. This
section shall remain in force despite termination of this contract (whether by expiration of the
term or otherwise) and termination of the services of the Contractor under this contract. (e)
Limitations of the Contractor’s Obligation. If this section is in, or is in connection with, a
contract relative to the design, planning, construction, alteration, repair or maintenance of a
building, structure, highway, road, appurtenance or appliance, including moving, demolition and
excavating connected therewith, then subsection “a” above shall not require the Contractor to
indemnify or hold harmless Indemnitees against liability for damages arising out of bodily injury
to persons or damage to property proximately caused by or resulting from the negligence, in
whole or in part, of Indemnitees.
Sec. 13. Miscellaneous
(a) Choice of Law and Forum. This contract shall be deemed made in Durham
County, North Carolina. This contract shall be governed by and construed in accordance
with the law of North Carolina. The exclusive forum and venue for all actions arising out
of this contract shall be the North Carolina General Court of Justice, in Durham County.
Such actions shall neither be commenced in nor removed to federal court. This section
shall not apply to subsequent actions to enforce a judgment entered in actions heard
pursuant to this section.
(b) Waiver. No action or failure to act by the City shall constitute a waiver of
any of its rights or remedies that arise out of this contract, nor shall such action or failure
to act constitute approval of or acquiescence in a breach thereunder, except as may be
specifically agreed in writing.
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(c) Performance of Government Functions. Nothing contained in this contract
shall be deemed or construed so as to in any way estop, limit, or impair the City from
exercising or performing any regulatory, policing, legislative, governmental, or other
powers or functions.
(d) Severability. If any provision of this contract shall be unenforceable, the
remainder of this contract shall be enforceable to the extent permitted by law.
(e) Assignment. Successors and Assigns. Without the City’s written consent,
the Contractor shall not assign (which includes to delegate) any of its rights (including
the right to payment) or duties that arise out of this contract. The City Manager may
consent to an assignment without action by the City Council. Unless the City otherwise
agrees in writing, the Contractor and all assignees shall be subject to all of the City’s
defenses and shall be liable for all of the Contractor’s duties that arise out of this contract
and all of the City’s claims that arise out of this contract. Without granting the
Contractor the right to assign, it is agreed that the duties of the Contractor that arise out of
(f) Compliance with Law. In performing all of the Work, the Contractor shall
comply with all applicable law.
(g) City Policy. THE CITY OPPOSES DISCRIMINATION ON THE BASIS
OF RACE AND SEX AND URGES ALL OF ITS CONTRACTORS TO PROVIDE A
FAIR OPPORTUNITY FOR MINORITIES AND WOMEN TO PARTICIPATE IN
THEIR WORK FORCE AND AS SUBCONTRACTORS AND VENDORS UNDER
CITY CONTRACTS.
(h) EEO Provisions. During the performance of this Contract the Contractor agrees
as follows: (1) The Contractor shall not discriminate against any employee or applicant for
employment because of race, color, religion, sex, national origin, political affiliation or
belief, age, or handicap. The Contractor shall take affirmative action to insure that
applicants are employed and that employees are treated equally during employment, without
regard to race, color, religion, sex, national origin, political affiliation or belief, age, or
handicap. Such action shall include but not be limited to the following: employment,
upgrading, demotion, transfer, recruitment or advertising, layoff or termination, rates of pay
or other forms of compensation, and selection for training, including apprenticeship. The
Contractor shall post in conspicuous places, available to employees and applicants for
employment, notices setting forth these EEO provisions. (2) The Contractor shall in all
solicitations or advertisement for employees placed by or on behalf of the Contractor; state
that all qualified applicants will receive consideration for employment without regard to
race, color, religion, sex, national origin, political affiliation or belief, age, or handicap. (3)
The Contractor shall send a copy of the EEO provisions to each labor union or representative
of workers with which it has a collective bargaining agreement or other contract or
understanding. (4) In the event of the Contractor’s noncompliance with these EEO
provisions, the City may cancel, terminate, or suspend this contract, in whole or in part, and
the City may declare the Contractor ineligible for further City contracts. (5) Unless
exempted by the City Council of the City of Durham, the Contractor shall include these EEO
provisions in every purchase order for goods to be used in performing this contract and in
every subcontract related to this contract so that these EEO provisions will be binding upon
such subcontractors and vendors.
(i) SDBE. The Contractor shall comply with all applicable provisions of
Chapter 26 of the Durham City Code (Equal Business Opportunities Ordinance), as
amended from time to time. The failure of the Contractor to comply with that chapter
shall be a material breach of contract which may result in the rescission or termination of
this contract and/or other appropriate remedies in accordance with the provisions of that
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chapter, this contract, and State law. The Participation Plan submitted in accordance with
that chapter is binding on the Contractor. Section 26-10(f) of that chapter provides, in
part, “If the City Manager determines that the Contractor has failed to comply with the
provisions of the Contract, the City Manager shall notify the Contractor in writing of the
deficiencies. The Contractor shall have 14 days, or such time as specified in the
Contract, to cure the deficiencies or establish that there are no deficiencies.” It is
stipulated and agreed that those two quoted sentences apply only to the Contractor’s
alleged violations of its obligations under Chapter 26 and not to the Contractor’s alleged
violations of other obligations.
(j) Prompt Payment to Subcontractors. Within 7 days of receipt by the
Contractor of each payment from the City under this contract, the Contractor shall pay all
subcontractors (which term includes sub Contractors and suppliers) based on work
completed or service provided under the subcontract. Should any payment to the
subcontractor be delayed by more than 7 days after receipt of payment by the Contractor
from the City under this contract, the Contractor shall pay the subcontractor interest,
beginning on the 8th day, at the rate of 1% per month or fraction thereof on such unpaid
balance as may be due. By appropriate litigation, Subcontractors shall have the right to
enforce this subsection (a) directly against the Contractor, but not against the City of
Durham. If the City’s Project Manager determines that it is appropriate to enforce this
subsection (a), the City of Durham may withhold the sums estimated by the Project
Manager to be sufficient to pay this interest from progress or final payments to the
Contractor. (b) Nothing in this section shall prevent the Contractor at the time of
invoicing, application, and certification to the City from withholding invoicing,
application, and certification to the City for payment to the subcontractor for
unsatisfactory job progress; defective goods, services, or construction not remedied;
disputed work; third-party claims filed or reasonable evidence that such a claim will be
filed; failure of the subcontractor to make timely payments for labor, equipment, and
materials; damage to the Contractor or another subcontractor; reasonable evidence that
the subcontract cannot be completed for the unpaid balance of the subcontract sum; or a
reasonable amount for retainage not to exceed 10%. (c) The City’s Project Manager may
require, as a prerequisite to making progress or final payments, that the Contractor
provide statements from any subcontractors designated by the Project Manager regarding
the status of their accounts with the Contractor. The statements shall be in such format as
the Project Manager reasonably requires, including notarization if so specified.
(k) No Third Party Rights Created. This contract is intended for the benefit of
the City and the Contractor and not any other person.
(l) Principles of Interpretation and Definitions. In this contract, unless the
context requires otherwise: (1) The singular includes the plural and the plural the
singular. The pronouns “it” and “its” include the masculine and feminine. References to
statutes or regulations include all statutory or regulatory provisions consolidating,
amending, or replacing the statute or regulation. References to contracts and agreements
shall be deemed to include all amendments to them. The words “include,” “including,”
etc. mean include, including, etc. without limitation. (2) References to a “Section” or
“section” shall mean a section of this contract. (3) “Contract” and “Agreement,” whether
or not capitalized, refer to this instrument. (4) Titles of sections, paragraphs, and articles
are for convenience only, and shall not be construed to affect the meaning of this
contract. (5) “Duties” includes obligations. (6) The word “person” includes natural
persons, firms, companies, associations, partnerships, trusts, corporations, governmental
agencies and units, and other legal entities. (7) The word “shall” is mandatory. (8) The
word “day” means calendar day.
(m) Modifications. Entire Agreement.. A modification of this contract is not
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valid unless signed by both parties and otherwise in accordance with requirements of law.
Further, a modification is not enforceable against the City unless the City Manager or a
deputy or assistant City Manager signs it for the City. This contract contains the entire
agreement between the parties pertaining to the subject matter of this contract. With
respect to that subject matter, there are no promises, agreements, conditions,
inducements, warranties, or understandings, written or oral, expressed or implied,
between the parties, other than as set forth or referenced in this contract.
IN WITNESS WHEREOF, the City and the Contractor have caused this contract to be executed
under seal themselves or by their respective duly authorized agents or officers.

ATTEST:
_______________________________ By: ____________________________
______________Title Warren Miller
Partner
Fountainworks, LLC
CITY OF DURHAM
ATTEST:
______________________________ By: _________________________________
______________ Clerk Thomas J. Bonfield
City Manager
City of Durham

M.Dale Swiggett
Pro Se Qui Tam Whistle Blower Relater
P.O. Box 1384
Graham, NC

US Attorney General
Loretta Lynch

NC Attorney General
Roy Copper

US Surgeon General
Dr. Vivek Murthy

N.C. Department of Health and Human Services Secretary
Rick Brajer

Mayor of Hillsborough
Tom Stevens

Hillsborough’s Lack of Fiduciary Responsibility in the Lake Jordan Partnership Water Shed and US Department of Interior Historic District to Maintain Water and Sewer Line Capacity and Testing for Lead and other Heavy Metals to Protect the Property Values of the Colonial Inn and the Hillsborough District

Require the Town of Hillsborough to Test the Water for Lead and Heavy Metals and the Street Curb and Property Line of the Colonial Inn to Expose and Protect the US Department Interior Historic Hillsborough
http://epi.publichealth.nc.gov/lead/lhmp.html

http://ehs.ncpublichealth.com/oet/docs/cit/ehsmod/EdNormanCIT-Online-NCChildhoodLeadPoisoningPrevention.pdf

http://ehs.ncpublichealth.com/oet/docs/cit/ehsmod/EdNormanCIT-Online-NCChildhoodLeadPoisoningPrevention.pdf
Legislator ‘appalled’ that NC schools haven’t tested for lead in water
House bill would require all schools, child care facilities to conduct testing
Drinking water supplies with elevated lead levels would be shut off
Rep. Hager: ‘We have to make sure our children are protected’
Read more here: http://www.newsobserver.com/news/politics-government/state-politics/article86094637.html#storylink=cpy

BY COLIN CAMPBELL
ccampbell@newsobserver.com
Schools and child care centers would be required to test their drinking water for lead under a bill moving forward in the N.C. House.
House Majority Leader Mike Hager, a Rutherfordton Republican, sponsored the bill that could be on the House floor for a vote sometime this week.