INTERLOCAL AGREEMENT

FOR

HABITAT AND WATER QUALITY IMPROVEMENT

PROJECT AT DOCKS AND SEAWALLS

THIS AGREEMENT is entered into between the Manatee County Board of County Commissioners (hereinafter referred to as “County”), a political subdivision of the State of Florida, and the School Board of Manatee County (hereinafter referred to as the “School Board”); and

WHEREAS, the County receives grants or other funding from the Coastal Impact Assistance Program for the Habitat and Water Quality Improvement Project at Docks and Seawalls (hereinafter referred to as the “Project”); and

WHEREAS, a primary part of the Project is the construction of Reef Ball modules which will provide habitat for juvenile fish species, oysters and sea squirts, crustaceans, and other benthic organisms that improve the ecosystem; and

WHEREAS, Sara Scott Harllee Magnet Middle School is a public educational facility that is owned and operated by the School Board; and

WHEREAS, Sara Scott Harllee Magnet Middle School desires to be an active participant in the Project by constructing Reef Ball modules, and

WHEREAS, the County agrees to provide the materials and equipment to Sara Scott Harllee Magnet Middle School that are necessary to construct Reef Ball modules; and

WHEREAS, the parties heretofore by mutual agreement have determined that the participation of the School Board in the Project will serve a valid public purpose; and

WITNESSETH:

NOW, THEREFORE, in consideration of and in accordance with the items and terms and conditions set forth herein, the terms of the Agreement are as follows:

SECTION 1. TERMS

A. The County shall pay for and provide all funding, for expendable materials (examples include, gravel, sand, micro silica) and all durable equipment (examples include cement mixer, hand tools, 10 ‘Oyster Ball’ and 2 ‘Lo-Pro’ molds) for Reef Ball module production. Provided, however, County shall not be required or obligated to spend more than Twelve Thousand Four Hundred Forty-Eight Dollars ($12,448.00) for all materials and equipment required for the Project. The School Board agrees that Sara Scott Harllee Magnet Middle School students and staff, or students and staff of other public schools under the authority of the School Board, may construct Reef Ball modules. Upon termination or at the conclusion of the Project, all equipment and unused materials supplied by County shall be returned to County. County shall be responsible for picking up all materials and equipment.

B. The School Board agrees that Sara Scott Harllee Magnet Middle School students and staff, or students and staff of other public schools under the authority of the School Board, may construct Reef Ball modules. Reef Ball modules shall be of two sizes with largest being approximately 16 inches high, 24 inches in diameter, and weighing approximately 60 pounds.

C. School Board students shall only construct reefball modules under the direct supervision of qualified School Board staff. The School Board and /or Sara Scott Harllee Magnet Middle School personnel will determine who is qualified.

D. County shall be responsible for training Sara Scott Harllee Magnet Middle School staff on Reef Ball module construction, if requested.

E. Sara Scott Harllee Magnet Middle School shall seek to produce a minimum average of sixteen (16) Reef Ball modules per week during the school year; however, no damages shall be due to County for failure of School Board staff and students to perform. The production of Reef Balls shall last for approximately 25 weeks, but County will not hold School Board or Sara Scott Harllee Magnet Middle School liable for damages resulting from incomplete production or delay.

F. Sara Scott Harllee Magnet Middle School shall provide a reasonable storage area at the school for materials and Reef Ball modules. Sara Scott Harllee Magnet Middle School shall provide a minimum storage area of 8 ft. by 8 ft. that will be able to store approximately 100 modules at one time.

G. Sara Scott Harllee Magnet Middle School shall provide a production area at the school for the manufacturing of Reef Ball modules. The County shall provide 10 ‘Oyster Ball’ and 2 ‘Lo-Pro’ molds to the School Board. School Board and Sara Scott Harllee Magnet Middle School personnel shall have the ultimate authority to decide the size, particular type and number of the Reef Balls to be constructed.

H. Sara Scott Harllee Magnet Middle School staff shall provide training to staff and students of other schools that desire to be involved in the Project.

I. County shall provide all necessary transportation and labor to pick up Reef Ball modules at Harllee Middle School. County shall collect, at no cost to the School Board, all completed Reef Balls from Sara Scott Harllee Magnet Middle School on a monthly basis. In the event that Sara Scott Harllee Magnet Middle School’s quantity of fabricated modules cannot be stored in the storage area, the County will make reasonable efforts to pick them up.

J. Reef Ball modules fabricated by Sara Scott Harllee Magnet Middle School shall only be placed in marine habitats within Manatee County.

K. County shall develop a monitoring program for habitat and water quality improvement. The monitoring program will designed to allow Sara Scott Harllee Magnet Middle School to conduct its own monitoring at the school site. Water quality data results of monthly monitoring by Sara Scott Harllee Magnet Middle School shall be provided to the County in a timely fashion.

L. County shall seek project specific news coverage for Sara Scott Harllee Magnet Middle School, and ensure recognition by County in a public forum. County shall provide recognition on “Government Access” and other appropriate media.

M. The contact for County is Bob Fluke of the Manatee County Environmental Management Department. The contact for School Board is Stephen Graham of Sara Scott Harllee Magnet Middle School. Either party may assign a different contact.

N. County shall provide Sara Scott Harllee Magnet Middle School only with only non-toxic, non-hazardous materials, and School Board and Sara Scott Harllee Magnet Middle School shall not be liable for any damages arising from the creation, storage, use or placement of said Reef Ball modules.

SECTION 2. AMENDMENT PROCESS AND TERM OF THE AGREEMENT

This agreement may be amended by written consent of in writing signed by all parties of to this agreement. This agreement shall be in effect until November 30, 2004, or until County funding and supplies are unavailable to continue Project, whichever occurs first. The School Board and or the County reserves the right to terminate this contract upon sixty (60) days written notice to the other.

SECTION 3. EXECUTION IN COUNTERPARTS

This agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one in the same instrument.

SECTION 4. AUTHORITY

Each of the parties hereby covenants to the other party hereto that it has lawful authority to enter into this Agreement, and that the governing body of each of the parties has authorized the execution of this Agreement in the manner hereinafter set forth.

IN WITNESS WHEREOF, this Interlocal Agreement has been executed by and on behalf of the Manatee County Board of County Commissioners and the School Board of Manatee County on this _____ day of _______, 2003. dates provided below.

THE SCHOOL BOARD OF

MANATEE COUNTY, FLORIDA

By __________________________

Board Chairman

__________________________

Print Name

__________________________

Date

ATTEST ___________________

___________________________

Print Name __________________

(CORPORATE SEAL)

State of Florida, County of Manatee

WITNESS my hand and official seal this ______ day of _________ A.D. 2003.

__________________________________

(AFFIX NOTARY SEAL) My commission expires: ______________

Approved as to form and correctness:

_________________________________

Mark P. Barnebey, School Board Attorney

DULY PASSED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS OF MANATEE COUNTY, THIS _____ DAY OF __________, 2003.

BOARD OF COUNTY COMMISSIONERS OF

MANATEE COUNTY

By ______________________________

Chairman

______________________________

Date

ATTEST: R.B. Shore,

Clerk of the Court

By ______________________

Deputy Clerk

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