HomeMy WebLinkAboutVeolia July Letter (Amendment to May Letter Agreement) - 2019 07 03 (j) VEOLIA
July 3, 2019
Mr, Shawn Boyle
Interim City Manager
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708
Subject: City of Winter Springs, Florida—Emergency Wastewater Services/Interim Operator
Dear Mr. Boyle,
Upon execution of this letter(the,July Letter"),the July Letter shall serve as an amendment to the
letter executed on May 24, 2019 (the "May Letter Agreement") and the corresponding Purchase
Order for Technical Assistance, under which Veolia, Water North America—South, LLC ("Veolia")
has been providing supplemental operator staffing support services to the City of Winter Springs
(the,"City")as required under the Permits (as defined in the May,Letter Agreement). The City has
since informed us that its,Chief/Lead Operator and/or Operator of Record)(together, "Operator")
is resigning effective as of July 12, 2019, such that this critical role needs to be filled imirnediately.
The intent of this July Letter is to expand the scope of emergency services described in the May
Letter of Agreement.
Veolia and the City hereby agree that Veolia, effective as of July 6, 2019, shall be, the interim
Operator such that Veolia's scope shall expand to overseeing operations and: maintenance of the
City's two Wastewater Plants and associated effluent disposal facilities (as defined in the May
Letter Agreement) and to file all monthly Discharge Monitoring Reports, Monthly Operating
Reports, and any associated reuse reports as are routinely required by the State of Florida.
Although Veolia shall be designated the interim Operator, the City continues to employ the, staff
at the, Facilities, and, therefore, the City, by and through its employees, shall remain solely
responsible and shall indemnify and hold harmless Veolia for the performance of all operational
and maintenance activities related to the Facilities, Including all Claims and penalties, arising
therefrom, except to the extent caused by the negligence or willful misconduct of Veolia.
Veolia will invoice the City at the rates set forth on Exhibit A which is attached to the May Letter
Agreement, The payment and performance obligations of the City and Veolia, with respect to
services rendered in connection with this July Letter and any accompanying purchase order shall
be governed by Veollia's standards terms and conditions, attached as Exhibit B to the May Letter
Agreement,
VEOLIA WATER NORTH AMERICA OPERATING SERVICES,LLC
14055 Nvef edge lDrive,SuAe 240Tampa,Ft 33637
Company Confidemial-Trade Seuet and flropr Iary InIonnalba-Vealia
Mr.Shawn Boyle Page 2
City of Winter Springs, Florida
July 3,2019
Veolia's Principal and designated contact person for this project shall continue to be:
Mr. Rob Nicholas —Vice President of Development—Major Projects group
Veolia Water North America Operating Services, LLC
14055 Riveredge Drive, Suite 240
Tampa Florida 3363,7
PH: (859) 5,8209194; emall: Robe,rt,Nicholas@vealiacom
All other terms and conditions of the May Letter Agreement not modified by this July Letter shall
remain, in full force and effect.
We appreciate the opportunity to contiin,ue to provide support services to the City of Winter
Springs during this period of emergency.
Sincerely,
Veol'ia Water No :mr, America th, LLC,I
Steven R. 114ruger
Senior Vice President
Agreed to and Acknowledged by:
City of Winter Springs, Florida
Name: Shawn ,ft4e
Title: lnteri4t-ity Manager