HomeMy WebLinkAboutVeolia North America Notice of Performance Breach - 2021 04 20 (0 h n9
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April 20, 2021
Robert Nicholas
Veolia North America—South, LLC
53 State Street, 14 Floor
Boston, MA 02019
Re: Agreement-Notice of Performance Breach
Dear Mr. Nicholas:
By letter dated April 13, 2021, the City was notified by the Florida Department of Environmental Protection of a
possible violation related to the City's sewer facility ("FDEP Letter"). A copy of the FDEP Letter is attached. The sewer
facility is currently being maintained, operated and managed by Veolia North America— South, LLC ("Veolia") pursuant to
the terms and conditions set for in the Agreement for Utilities Operations, Maintenance and Management Services between
Veolia and the City, dated October 21, 2019 ("Agreement").
The FDEP Letter dated April 13, 2021 cites 13 permit violations. Additionally, the FDEP Letter cites "The facility
was sending substandard reclaim water to the public access reuse system".
In accordance with Section 4 of the Agreement, Veolia is responsible for providing comprehensive operation,
maintenance and management services related to the City's sewer facilities, and specifically, Veolia is responsible for
preparing and transmitting plant performance reports to appropriate regulatory authorities as required by law.
Please be advised that the substandard reclaim water distribution in the FDEP Letter constitute a performance
breach by Veolia under the Agreement, and that Veolia must take whatever steps are necessary to cure and remedy this
performance breach as required by Paragraph 12.3 of the Agreement. Moreover,to the extent the City suffers any damages
or liability including, but not limited to fines or penalties imposed by FDEP, the City will hold Veolia responsible for said
damages, fines or penalties, if applicable, pursuant to Paragraph 11 of the Agreement.
The City is also reminding Veolia of its continuing obligation to immediately notify the City Manager and City
Commission, by City email, of any future reporting violations that may occur at any of the City's utilities facilities under
Veolia's operation, maintenance and management for the duration of the term of the Agreement. Said email notice must
be concurrent with Veolia's responsibilities to notify FDEP and any other regulatory authority as required by law.
Lastly, please provide a written response identifying what action(s)have been completed or will be taken to prevent
these violations from occurring again in the future.
Yours Sincerely,
Shawn Boyl ; ity Manager
Encl. FDEP Letter, Dated April 13, 2021
Cc: Mayor and City Commission
City Attorney