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INTERLOCAL AGREEMENT FOR PLUMB ELEMENTARY SCHOOLINTERLOCAL AGREEMENT BETWEEN SCHOOL BOARD OF PINELLAS COUNTY AND CITY OF CLEARWATER FOR PLUMB ELEMENTARY SCHOOL This INTERLOCAL AGREEMENT is made and entered into this 16th day of January 2018, by and between the CITY OF CLEARWATER, a Florida municipal corporation, acting by and through its City Council, the governing body thereof, hereafter referred to as "City", and the SCHOOL BOARD OF PINELLAS COUNTY, FLORIDA, hereafter referred to as "School Board". WITNESSETH: WHEREAS, the School Board and the City Council both serve the people of the City of Clearwater; and WHEREAS, both the School Board and the City are desirous of improving Allen's Creek, at Plumb Elementary School ("School"); and WHEREAS, the School Board is currently developing plans for restoring the Allen's Creek, at Plumb Elementary School and is amendable to full improvements as part of the Creek restoration project; and WHEREAS, the City agrees to contribute for such improvements and restoration; and WHEREAS, both the School Board and the City are duly empowered pursuant to Florida Statutes, in particular Section 163.01, to enter into interlocal agreements for the sharing of certain governmental powers and obligations. NOW, THEREFORE, in consideration of the foregoing, and of the mutual covenants and conditions hereinafter set forth, the School Board and the City, intending to be legally bound, hereby agree as follows: SECTION I. PURPOSE 1. It is the purpose and intent of this Agreement to define the terms and conditions for the School Board's and City's contribution for "Allen's Creek, Improvements and Restoration" along the north region of Plumb Elementary School, at 1920 Lakeview Road `Improvement and Restoration'. All terms and conditions of this Agreement will be interpreted in a manner consistent with and in furtherance of the purpose as set forth in this Section. 2. The Recitals as set forth above are incorporated into the terms of this Agreement as if set out herein at length. SECTION 11: OBLIGATIONS OF THE CITY 1. The City will pay to the School Board the amount of $250,000.00 for construction services of the Improvements and restoration within 30 days of execution of this Agreement by both parties. 2. Once the design for the Improvements and Restoration has been completed, the School Board will solicit bids for construction of the Improvements and Restoration. 3. The construction cost of the Improvements and Restoration is currently estimated to be $1,500,000.00. 4. The City will provide funds in the amount of $250,000.00 for the construction cost of the Improvements and Restoration to the School Board prior to commencement of construction of the Improvements and Restoration. SECTION III: OBLIGATIONS OF THE SCHOOL BOARD 1. The School Board agrees to contract for the construction of the Improvements and Restoration within 365 days of receipt of the funds from the City for construction. 2. Once the design for the Improvements and Restoration has been completed, the School Board will solicit bids for construction of the Improvements and Restoration. 3. Within 12 months after receipt of funds for construction of the Improvements and Restoration from the City, the School Board will commence construction. 4. Construction of the Improvements and Restoration is estimated to begin in October 2017 and be completed in October of 2018. SECTION IV: LIABILITY 1. The parties agree to be fully responsible for their own acts of negligence, or their respective agent's acts of negligence when acting within the scope of their employment, and agree to be liable for any damages proximately caused thereby; provided, however, that the parties' liability is subject to the monetary limitations and defenses imposed by Section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by the parties, nor shall anything herein be construed as consent by the parties to be sued by any third party for any cause or matter arising out of or related to this Agreement. 2. This Agreement contains the entire agreement between the City and School Board, any verbal understanding, statements or prior writings or agreements to the contrary not withstanding. 3. No change or modification to this Agreement shall be effective unless the same is in writing and signed by both parties. SECTION V: DEFAULT If either party fails to fulfill its obligations under this Agreement that party will be considered to be in default. The other party to the Agreement shall provide written notice of the default and an opportunity to cure the default within 30 days of receipt of said notice. If the defaulting party fails to cure the default within said time period, the other party may terminate this Agreement for cause or breach. Failure of either party to exercise its rights in the event of any breach shall not constitute a waiver of such rights. Neither the City nor the School Board is deemed to have waived any failure to perform by the other party unless such waiver is in writing and signed by the waiving party. SECTION VI: CONTACT PERSON Michael Quillen, City Engineer, or his designee, shall be the City's contact person with the School Board, and the Manda Rahgozar, Sr. Construction Coordinator or her designee shall be the School Board's contact person with the City. If one entity wishes to schedule the other entity's facilities, the requests shall go through the above- mentioned contact person. SECTION VII: DISPUTE RESOLUTION As a condition precedent to a party bringing any suit for breach of this Agreement, that party must first notify the other party in writing of the nature of the purported breach and seek in good faith to resolve the dispute through negotiation. If the parties cannot resolve the dispute through negotiation, they may agree to a mutually acceptable method of non-binding alternative dispute resolution with a qualified third party acceptable to both parties. The existence of a dispute shall not excuse the parties from performance pursuant to this Agreement. This remedy is supplemental to any other remedies available at law. In the event of any dispute hereunder, the prevailing party shall be entitled to recover all costs and expenses incurred by it in connection with the enforcement of this Agreement, including all Attorneys' fees and costs in connection therewith. SECTION VIII: ASSIGNMENT No assignment, delegation, transfer, or novation of this Interlocal Agreement or part thereof, shall be made by either Party unless approved by both the School Board and the City. IN WITNESS WHEREOF, the City and School Board hereto have set their hands and seals on the date and year indicated. ATTEST: SCHOOL BOARD OF PINELLAS COUNTY, n ,�n, FLORIDA By: 44 �l ��� By: Q ��f' 0,71"0/(12-45:1-- Michael A. Grego,.D., Superintendent Peggy L. O'Shea Its: Chairman By: Ck O((Qr c' ( ) J$ George N. Cretekos Mayor Camilo A. Soto Assistant City Attorney APPROVED AS TO LEGAL FORM: By: School Board Attorney's Office THE CITY OF CLEARWATER, A municipal Corporation and Political subdivision of the State of Florida By: t 8. i z William B. Horne, II City Manager Attest: By: LL/kt_CULt, Rosemarie Call City Clerk