2406 Water/Wastewater Local Agrmnt for Personnel & Eqpmnt (temp pulled from vault 3/30/22)�� SCARIE
'9400
LOCAL WATER AND WASTEWATER MUTUAL AID AGREEMENT FOR
PERSONNEL AND EQUIPMENT BETWEEN SEMINOLE COUNTY AND THE CITIES
OF ALTAMONTE SPRINGS, CASSELBERRY, LAKE MARY, LONGWOOD, OVIEDO,
ANDSANFORD
THIS AGREEMENT is made and entered into by and between SEMINOLE COUNTY,
a charter county and political subdivision of the State of Florida, whose address is 1101 East I st
Street, Sanford, Florida 32771, CITY OF ALTAMONTE SPRINGS, a Florida municipal
corporation, whose address is 225 Newburyport Avenue, Altamonte Springs, Florida 32701,
CITY OF CASSELBERRY, a Florida municipal corporation, whose address is 95 Triplet Lake
Drive, Casselberry, Florida 32707, CITY OF LAKE MARY, a Florida municipal corporation,
whose address is 100 N. Country Club Road, Lake Mary, Florida 32746, CITY OF
LONGWOOD, a Florida municipal corporation, whose address is 175 W. Warren Avenue,
Longwood, Florida 32750, CITY OF OVIEDO, a Florida municipal corporation, whose address
is 400 Alexandria Boulevard, Oviedo, Florida 32765, and CITY OF SANFORD, a Florida
municipal corporation, whose address is 300 N. Park Avenue, Sanford, Florida 32771.
WHEREAS, the parties to this Agreement desire to provide a method whereby if any one
of their water and wastewater utilities experiences significant personnel, equipment, or material
shortages due to force majeure or other similar emergency events, such utility can obtain
emergency assistance, in the form of personnel, equipment, and materials and other associated
services necessary, from other water and wastewater utilities that are parties to this Agreement;
and
WHEREAS, Section 163.01, Florida Statutes (2021), authorizes local governmental units
to make the most efficient use of their powers by enabling them to cooperate with other localities
on a basis of mutual advantage and thereby to provide services and facilities in a manner (and
Local Water and Wastewater Mutual Aid Agreement for Personnel & Equipment Between Seminole County & the Municipalities of Altamonte
Springs, Casselberry, Lake Mary, Longwood, Oviedo, and Sanford
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pursuant to forms of governmental organization) that will accord best with geographic, economic,
population, and other factors influencing the needs and development of local communities.
NOW, THEREFORE, for and in consideration of the promises, mutual covenants and
agreements contained in this Agreement by and between its parties for their mutual benefit and
that of their respective citizens, the parties hereby agree as follows:
Section 1. Purpose.
This Local Water and Wastewater Mutual Aid Agreement is hereby established to provide
a method and processes whereby a party to this Agreement, which has water and wastewater
utilities, can obtain emergency assistance, in the form of personnel, equipment, and materials and
other associated necessary services, if such party is experiencing significant personnel, equipment,
or material shortages due toforce once majeure or other similar emergency events, from the other parties
to this Agreement. The purpose of this Agreement is to formally document this program and the
associated processes to accomplish the goals described in this Agreement.
Section 2. Definitions.
(a) The following definitions apply to this Agreement:
(1) "Participating Utility" means any Water and Wastewater utility that
executes this Local Mutual Aid Agreement and also means any party to this Agreement.
(2) "Affected Utility" means any Participating Utility that experiences
significant personnel, equipment, or material shortages due to force majeure or other similar events
and that seeks assistance pursuant to this Agreement.
(3) "Assisting Utility" means any Participating Utility that agrees to aid an
Affected Utility pursuant to this Agreement at the request of the Affected Utility.
Local Water and Wastewater Mutual Aid Agreement for Personnel & Equipment Between Seminole County & the Municipalities of Altamonte
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(4) "Authorized Representative" means an employee of a Participating Utility
authorized by that utility's governing board to request or offer assistance under the terms of this
Agreement, , as listed in Appendix A.
Utility.
(5) "Designated Supervisor" means the person designated by the Assisting
(6) "Period Of Assistance" means the period of time beginning with the
departure of any personnel of the Assisting Utility from any point for the purpose of travelling to
the Affected Utility in order to provide assistance and ending upon the return of all personnel of
the Assisting Utility, after providing the assistance requested, to their residence or place of work,
whichever is first to occur.
Section 3. Procedure.
(a) If a Participating Utility becomes an Affected Utility, the procedures set forth in
this Section 3 will be followed.
(b) The Authorized Representative of the Affected Utility shall contact the Authorized
Representatives of one or more of the Participating Utilities by electronic mail and provide them
with the following information:
(1) A general description of the needs of the Affected Utility and the part of the
water and wastewater system for which assistance is needed.
(2) The amount and type of personnel, equipment, materials, and supplies
needed and a reasonable estimate of the length of time they will be needed.
(3) A specific time and place for a representative of the Affected Utility to meet
the personnel and equipment of the Assisting Utility.
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(4) The identification of work conditions and special constraints such as the
technical expertise required (e.g., class of Operator License), availability of materials, security,
communications, and similar matters.
(5) A brief description of the Affected Utility's available resources, including
any on-site contractors or other resources secured.
(c) When contacted by an Affected Utility, the Authorized Representative of a
Participating Utility shall assess their utility's situation to determine whether it is capable of
providing assistance. No Participating Utility will be under any obligation to provide assistance
to an Affected Utility, if the Authorized Representative determines that the Assisting Utility is
capable of and willing to provide assistance, the Assisting Utility shall notify the Authorized
Representative of the Affected Utility and provide the following information:
(1) A complete description of the personnel, equipment, and materials to be
provided to the Affected Utility.
(2) The estimated length of time that the personnel, equipment, and materials
will be available.
(3) The work experience and ability of the personnel and the capability,
including copies of current licenses and/or certifications.
(4) The name of the Designated Supervisor.
(5) The estimated time when the assistance provided will arrive at the location
designated by the Authorized Representative of the Affected Utility.
(d) The Affected Utility will then evaluate the information provided by the Assisting
Utility and such parties will then mutually decide whether to proceed with the Assisting Utility's
assistance to the Affected Utility. Such parties may mutually agree to a scope of work, labor,
Local Water and Wastewater Mutual Aid Agreement for Personnel & Equipment Between Seminole County & the Municipalities of Altamonte
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equipment and materials and compensation for such assistance at any time, including prior to the
assistance being rendered.
(e) The personnel and equipment of the Assisting Utility will remain, at all times, under
the direct supervision and control of the Designated Supervisor of the Assisting Utility. In
instances where only equipment is provided by the Assisting Utility, the ownership of such
equipment will remain with the Assisting Utility and such equipment will be returned to the
Assisting Utility immediately upon request, and in the same condition as received. The Affected
Utility may suggest work assignments and schedules for the personnel of the Assisting Utility;
however, the Designated Supervisor of the Assisting Utility will have the exclusive authority for
assigning work and establishing work schedules for the personnel of the Assisting Utility. The
Designated Supervisor shall maintain daily personnel time records and a log of equipment hours,
shall be responsible for the equipment furnished by the Assisting Utility, and shall report work
progress to the Affected Utility.
(f) The Authorized Representative of the Affected Utility will have the responsibility
of providing information to the Authorized Representative of the Assisting Utility.
(g) When requesting assistance under a State of Emergency declared by the state or
federal government, the Affected Utility shall proceed as set forth in Chapter 252, Florida Statutes
(2021), as this statute may be amended from time to time, to coordinate through the Seminole
County Emergency Operations Center to ensure all procedures and policies set forth in Chapter
252, Florida Statutes (2021), as this statute may be amended from time to time, are followed to
allow for FEMA reimbursement.
(h) The parties agree that resources will be allocated on the basis of severity of need.
The Affected Utility agrees to request only those resources they can effectively assign and support.
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Section 4. Reimbursable Expenses.
(a) The terms and conditions governing reimbursement for any assistance provided
under this Agreement will be agreed to prior to the providing of such assistance and must comply
with the following provisions:
(1) Personnel. During the Period of Assistance, the Assisting Utility shall
continue to pay its employees according to its then prevailing rules and regulations, including
overtime at the prevailing rate. The Affected Utility shall reimburse the Assisting Utility for all
direct and indirect payroll costs and expenses incurred by the Assisting Utility during the Period
of Assistance, including, but not limited to the Assisting Utility's employee pensions and benefits
and overtime pay.
(2) Equipment. The Assisting Utility will be reimbursed for the use of its
equipment during the Period of Assistance according to the current FEMA Schedule of Equipment
Rates, as published from time to time, or a negotiated and mutually agreed upon Schedule of
Equipment Rates between the Affected and Assisting Utilities. Rates for equipment not referenced
on the FEMA Schedule of Equipment Rates will be developed based on recovery of actual costs.
(3) Materials and Supplies. The Assisting Utility will be reimbursed for all
materials and supplies furnished by it and used or damaged during the Period of Assistance, unless
such damage is caused by negligence of the Assisting Utility's personnel. The measure of
reimbursement shall be the replacement cost of the materials and supplies used or damaged, plus
ten (10) percent of such cost. In the alternative, the parties may agree that the Affected Utility will
replace, with a like kind and quality as determined by the Assisting Utility, the materials and
supplies used or damaged.
Local Water and Wastewater Mutual Aid Agreement for Personnel & Equipment Between Seminole County & the Municipalities of Altamonte
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(4) Payment. Unless mutually agreed otherwise, the Assisting Utility should
bill the Affected Utility through one comprehensive bill for all expenses incurred throughout the
assistance not later than ninety (90) days following the end of the Period of Assistance. The
Affected Utility shall pay the bill in full not later than forty-five (45) days following the billing
date. Unpaid bills will become delinquent upon the forty-fifth (45th) day following the billing date,
and once delinquent will accrue interest at the current prime rate plus two percent (2%) per annum.
(5) Disputed Billings. Those undisputed portions of a billing should be paid as
provided in this Section 4. Only the disputed portions of such billings are subject to Dispute
Resolution procedures set forth in Section 14 below.
Section 5. Third -Party Beneficiaries; Assignment of Rights and Duties.
(a) This Agreement is for the sole benefit of the parties to this Agreement and no other
person or entity has any rights under this Agreement as a third -party beneficiary or otherwise.
Assignments of benefits and delegations of duties created by this Agreement are prohibited. This
Agreement may not be assigned by any party without the prior written approval of all the other
parties.
(b) Nothing in the provisions of this Agreement is intended to create duties or
obligations to or rights in third parties who are not parties to this Agreement or affect the legal
ability of any party to this Agreement by imposing any standard of care different from the standard
of care imposed by law.
Section 6. Other Mutual Aid and Assistance Agreements. Nothing in this
Agreement limits any party's ability to continue with, or enter into, other mutual aid or assistance
agreements.
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Section 7. Insurance Requirements. Each party shall maintain adequate insurance
coverage to protect its own interests and obligations under this Agreement.
Section 8. No Indemnification. Each party to this Agreement, its officers, employees,
and agents do not assume and specifically disclaim any liability for the acts, omissions, or
negligence of the other party, its officers, employees, or agents, arising from or related to this
Agreement except as otherwise provided by this Agreement or any other agreement between the
parties.
Section 9. Employee Status. Persons employed by one party to this Agreement in the
performance of services and functions pursuant to this Agreement will not become the employees
or agents of any other party to this Agreement, nor do these employees have any claims to
pensions, worker's compensation, unemployment compensation, civil service, or other employee
rights or privileges granted to the officers and employees of any other party, either by operation of
law or by the acts of the other party.
Section 10. Notice and Authorized Representatives.
(a) Except as provided in Section 3, any notice delivered with respect to this
Agreement must be in writing and will be deemed to be delivered (whether or not actually
received) when (i) hand- delivered to the persons designated below, or (ii) when deposited in the
United States Mail, postage prepaid, certified mail, return -receipt requested, addressed to the
person at the address for the party as set forth below, or such other address or to such other person
as the party may have specified by written notice to the other parties delivered according to this
Section 10:
Local Water and Wastewater Mutual Aid Agreement for Personnel & Equipment Between Seminole County & the Municipalities of Altamonte
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As to COUNTY:
County Manager
1101 E. Is' Street
Sanford, FL 32771
As to CITY OF ALTAMONTE SPRINGS:
City Manager
225 Newburyport Avenue
Altamonte Springs, FL 32701
As to CITY OF CASSELBERRY:
City Manager
95 Triplet Lake Drive
Casselberry, FL 32707
As to CITY OF LAKE MARY:
City Manager
100 N. Country Club Road
Lake Mary, FL 32746
As to CITY OF LONGWOOD:
City Manager
175 W. Warren Avenue
Longwood, FL 32750
As to CITY OF OVIEDO
City Manager
400 Alexandria Boulevard
Oviedo, FL 32765
As to CITY OF SANFORD:
City Manager
300 N. Park Avenue
Sanford, FL 32771
(b) A list of the Authorized Representatives for each Participating Utility is attached to
this Agreement as Appendix A. Any party to this Agreement may change any of its Authorized
Local Water and Wastewater Mutual Aid Agreement for Personnel & Equipment Between Seminole County & the Municipalities of Altamonte
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Representatives by providing notice to all the other parties following the notice provisions set forth
in this Section 10.
Section 11. Governing Law, Jurisdiction, and Venue. The laws of the State of
Florida govern the validity, enforcement, and interpretation of this Agreement. The sole
jurisdiction and venue for any legal action in connection with this Agreement will be in the courts
of Seminole County, Florida.
Section 12. Parties Bound. This Agreement is binding upon and inures to the benefit
of the parties to this Agreement, and their successors and assigns.
Section 13. Conflict of Interest.
(a) The parties shall not engage in any action that would create a conflict of interest in
the performance of its obligations pursuant to this Agreement with the other party or that would
violate or cause third parties to violate the provisions of Part 111, Chapter 112, Florida Statutes
(2021), as this statute may be amended from time to time, relating to ethics in government.
(b) Each party has the continuing duty to report to the other parties any information
that indicates a possible violation of this Section 13.
Section 14. Dispute Resolution. Any party to this Agreement may notify any other
party that it wishes to commence formal dispute resolution with respect to any unresolved problem
under this Agreement. The affected parties agree to submit the dispute to a Florida Certified Circuit
Court Civil Mediator for mediation, within sixty (60) days following the date of this notice. If any
dispute cannot be resolved by mediation, it may be filed as a civil action in the Circuit Court of
the Eighteenth Judicial Circuit of Florida, in and for Seminole County, Florida, which, as provided
in Section I I above, is the sole venue for any such civil action. The parties further agree that any
Local Water and Wastewater Mutual Aid Agreement for Personnel & Equipment Between Seminole County & the Municipalities of Altamonte
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such action will be tried to the Court, and the parties hereby waive the right to jury trial as to such
action.
Section 15. Entire Agreement.
(a) The entire agreement of the parties is contained in this Agreement, which
supersedes all oral agreements, negotiations, and previous agreements between the parties relating
to the subject matter of this Agreement.
(b) Any alterations, amendments, deletions, or waivers of the provisions of this
Agreement will be valid only when expressed in writing and duly signed by both parties, except
as otherwise specifically provided in this Agreement.
Section 16. Severability. If any provision or application of this Agreement to any
person or circumstance is held invalid, then it is the intent of the parties that the invalidity will not
affect other provisions or applications of this Agreement that can be given effect without the
invalid provision or application, and to this end the provisions of this Agreement are declared
severable.
Section 17. Public Records Law.
(a) The parties acknowledge each other's obligations under Article 1, Section 24,
Florida Constitution and Chapter 119, Florida Statutes (2021), as this statute may be amended
from time to time, to release public records to members of the public upon request. The parties
acknowledge that each and every party is required to comply with Article 1, Section 24, Florida
Constitution and Chapter 119, Florida Statutes (2021), as this statute may be amended from time
to time, in the handling of the materials created under this Agreement and that this statute controls
over the terms of this Agreement.
Local Water and Wastewater Mutual Aid Agreement for Personnel & Equipment Between Seminole County & the Municipalities of Altamonte
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(10) Failure to comply with this Section 17 will be deemed a material breach of this
Agreement, for which any of the non -breaching parties may terminate this Agreement immediately
upon written notice to the breaching party.
Section 18. Equal Opportunity Employment. The parties shall not discriminate
against any employee or applicant for employment for work under this Agreement because of race,
color, religion, sex, age, disability, or national origin. The parties shall take steps to ensure that
applicants are employed, and employees are treated equally during employment, without regard to
race, color, religion, sex, age, disability, or national origin. Equal treatment includes, but is not
limited to, the following: employment; upgrading, demotion or transfer; recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship.
Section 19. Counterparts. This Agreement may be executed in any number of
counterparts each of which, when executed and delivered, constitutes an original, but all
counterparts together constitute one and the same instrument.
Section 20. Headings and Captions. All headings and captions contained in this
Agreement are provided for convenience only, do not constitute a part of this Agreement, and may
not be used to define, describe, interpret, or construe any provision of this Agreement.
Section 21. Effective Date. The Effective Date of this Agreement will be the date when
the last party has properly executed this Agreement as determined by the date set forth immediately
below the respective signatures of the parties.
Section 22. Term. The term of this Agreement is one year from the Effective Date and
will automatically renew for another term on each subsequent anniversary of the Effective Date,
unless all the parties elect to terminate this Agreement. One or more parties may terminate their
Local Water and Wastewater Mutual Aid Agreement for Personnel & Equipment Between Seminole County & the Municipalities of Altamonte
Springs, Casselberry, Lake Mary, Longwood, Oviedo, and Sanford
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participation this Agreement at any time by providing 60 days' notice to the non -terminating
parties pursuant to Section 10 above. The Agreement will continue in effect between the non -
terminating parties as long as at least two parties continue to operate under the Agreement.
IN WITNESS WHEREOF, the parties have made and executed this Agreement for the
purposes stated above.
ENUMS
Is) I VA us] ff." I ft - - 11,
By:
ANGIE APPERSON, MMC, City Clerk PAT BATES, Mayor
Date:
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Local Water and Wastewater Mutual Aid Agreement for Personnel & Equipment Between Seminole County & the Municipalities of Altamonte
Springs, Casselberry, Lake Mary, Longwood, Oviedo, and Sanford
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DONNA G. GARDNER, City Clerk
Ln
Date:
DAVID HENSON, Mayor
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Local Water and Wastewater Mutual Aid Agreement for Personnel & Equipment Between Seminole County & the Municipalities of Altamonte
Springs, Casselberry, Lake Mary, Longwood, Oviedo, and Sanford
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CITY OF LAKE MARY
By:
MICHELLE MCCURDY, City Clerk DAVID J. MEALOR, Mayor
Date:
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Local Water and Wastewater Mutual Aid Agreement for Personnel & Equipment Between Seminole County & the Municipalities of Altamonte
Springs, Casselberry, Lake Mary, Longwood, Oviedo, and Sanford
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►.Witz"I
MICHELLE LONGO, CMC, City Clerk
0
Date:
1*9
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Local Water and Wastewater Mutual Aid Agreement for Personnel & Equipment Between Seminole County & the Municipalities of Altamonte
Springs, Casselberry, Lake Mary, Longwood, Oviedo, and Sanford
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ELIANNE RfVERA, MMC, City Clerk
M
Date:
MEGAN SLADEK, Mayor
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Local Water and Wastewater Mutual Aid Agreement for Personnel & Equipment Between Seminole County & the Municipalities of Altamonte
Springs, Casselberry, Lake Mary, Longwood, Oviedo, and Sanford
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TRACI HOUCHIN, City Clerk
By:
ART WOODRUFF, Mayor
Date:
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Local Water and Wastewater Mutual Aid Agreement for Personnel & Equipment Between Seminole County & the Municipalities of Altamonte
Springs, Casselberry, Lake Mary, Longwood, Oviedo, and Sanford
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ATTEST:
GRANT MALOY
Clerk to the Board of
County Commissioners of
Seminole County, Florida.
For the use and reliance of
Seminole County only.
Approved as to form and
legal sufficiency.
County Attorney
BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
0.0
Date:
As authorized for execution by the Board of
County Commissioners at its
2022, regular meeting.
DGS\iv\mc
01/11/2022
T:\Users\Legal Secretary CSB\Enviromnental Scrviccs\202 1 \Water Wastewater Mutual Aid ILA.docx
Attachments:
Exhibit A — Lists of Authorized Representatives
Local Water and Wastewater Mutual Aid Agreement for Personnel & Equipment Between Seminole County & the Municipalities of Altamonte
Springs, Casselberry, Lake Mary, Longwood, Oviedo, and Sanford
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APPENDIX "A"
Authorized Representatives List
City of Altamonte Springs Authorized Representatives:
David Bass, P.E., ESQ.
Director of Public Works & Utilities
Phone: 407-571-8337
Cell: 407-256-0131
DBass@altamonte.org
Frank Martz
City Manager
407-571-8031
FWMartz@altamonte.org
APPENDIX "A"
Authorized Representatives List
City of Casselberry Authorized Representatives:
Assistant Public Works Director/Utility Manager — Tara Lamoureux
Office: 407-262-7725 ext. 1228
Cell: 407-840-3275
Email: tlamoureux@casselberry.org
Public Works Director, Mark Gisclar
Office: 407-262-7725 ext. 1234
Cell: 321-436-9114
Email: mgisclar@casselberry.org
City Manager, Randy Newlon
Office: 407-262-7700 ext. 1147
Cell: 407-848-4099
Email: jnewlon@casselberry.org
APPENDIX "A"
Authorized Representatives List
City of Lake Mary Authorized Representatives:
City Manager or designee
APPENDIX "A"
Authorized Representatives List
City of Longwood Authorized Representatives;
City Manager or designee
APPENDIX "A"
Authorized Representatives List
City of Oviedo Authorized Representatives:
City Manager or designee
APPENDIX "A"
Authorized Representatives List
City of Sanford Authorized Representatives:
William Marcous
Utility Support Services Manager, Public Works & Utilities
Office Number: 407-688-5105
Cell 407-417-5601
APPENDIX "A"
Authorized Representatives List
Seminole County Authorized Representatives;
County Manager or Designee.
A 777,"ST-
TRACI HOUCH
City Clerk
APPROVED AST
SUFFICIENCY.
�i " R, P- 0
ORM; AND LEGAL,
CITY OF SANFORD
By:
NORTON N. BONA "'�.. 1CMA-CM*
City Manager
Date: / - / 3 - 2'0 Z Z --
Under delegation of.'authority issued by
Resolution Number 2844.
IB(dellh'e Ofthis inlenlionalli, Mink,- sikludony jnJ (,,,es conlinue 017 the nexi page.]
Local Water and Wastewater Mutual Aid Agreement ibr Personnel &, Equipment Between Selnill0le ('()Llllt)' & the Municipalities ofAltumonte
Springs. Casselbem. Lake Mary.
v. Longwood. Oviedo, and Sanford
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