10-2142 Interlocal Agreement with Winter Park for Fire/Rescue Vehicle Maintenance

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Section 2 - Insurance The Supplier shall carry and maintain comprehensive general liability insurance covering claims arising from bodily injury and property damage naming the City of Casselberry as additional insured, with such coverage and deductible amounts, and in such form as reasonably required by the City. The Supplier shall deliver to the City a certificate of insurance evidencing such coverage, promptly upon request. Section 3 -Indemnification. To the extent permitted by law, each party agrees to indemnify and hold the other party hai~nless from and against any and all damages, losses or claims, including, but not limited to, legal fees and expenses, to the extent that such damages, losses or claims are attributable to actions, omissions or negligence in the performance of required services by that party, its supervisors, officers, agents, employees or independent contractors. Nothing in this Interlocal Agreement shall be deemed as a waiver of immunity or limits of liability of either party, including their supervisors, officers, agents and employees and independent contractors, beyond any statutory limited waiver of immunity or limits of liability which may have been adopted by the Florida Legislature in section 768,28, Florida Statutes or other statute, and nothing in this Interlocal Agreement shall inure to the benefit of any third party for the purpose of allowing any claim which would otherwise be barred under the Doctrine of Sovereign Immunity or by operation of law. Section 4 - Default. A default by either party under this Interlocal Agreement shall entitle the other party to all remedies available at law or in equity, which may include, but not be limited to, damages, injunctive relief and specific performance. Each of the parties hereto shall give the other party written notice of any defaults hereunder and shall allow the defaulting party not less than five (5) days from the date of receipt of such notice to cure monetary defaults and fifteen (15) days to cure other defaults. Section 5 -Enforcement. In the event that either party seeks to enforce this Interlocal Agreement by court proceedings or otherwise, then the prevailing party shall be entitled to recover all fees and costs incurred, including reasonable attorneys' fees and costs for trial, alternative dispute resolution or appellate proceedings. Section 6- Amendment. This Interlocal Agreement shall not be modified or amended except by written agreement duly executed by the parties hereto. Section 7 -Time of the Essence. The parties each agrees that time is of the essence of this Interlocal Agreement.