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A. i) To the extent allowed by law, the COUNTY shall indemnify, defend, and
<br />hold harmless the DEPARTMENT and all of its officers, agents, and employees from any claim,
<br />loss, damages, cost, charge, or expense arising out of act, error, omission, or negligent act by the
<br />COUNTY, its agents, or employees, during the performance of the Agreement, except that neither
<br />the COUNTY; its agents, or its employees will be liable under this paragraph for any claim, loss,
<br />damages, cost, charge, or expense arising out of act, error, omission, or negligent act by the
<br />DEPARTMENT, or any of its officers, agents, or employees, during the performance of the
<br />Agreement.
<br />ii) When either party receives notice of claim for damages that may have been
<br />caused by the other party in the performance of services required under' this Agreement, that party
<br />will immediately forward the claim to the other party. Each party will evaluate the claim, and report
<br />its findings to each other within fourteen (14) working days and jointly discuss options in defending
<br />the claim: A party's failure to promptly notify the other of a claim will not act as a waiver or any
<br />right herein.
<br />iii) The COUNTY agrees t� include the following indemnification in all contracts
<br />with contractors, subcontractors, consultants and subconsultants, who perform work in connection
<br />with this Agreement:
<br />" The contractors, subcontractors, consultants, and/or subconsultants, shall indemnify,
<br />defend, save, and hold harmless the DEPARTMENT and all of its officers, agents or
<br />employees from, all suits, actions, claims, demands, liability of any nature whatsoever arising
<br />out of, because of, or due to any negligent act or occurrence of omission or commission of
<br />the contractor, its officers, agents, or employees. Neither the contractor/consultant, nor any
<br />of its officers; agents; or employees will be liable under this section for damages arising out
<br />of injury or damage to persons or property directly caused or resulting from the sole
<br />negligence of the DEPARTMENT or any of its officers, agents, or employees."
<br />B. LIABILITY INSUJRANCE. The COUNTY shall carry and keep in force during the
<br />period of this Agreement `a general liability policy or policies with a company or companies
<br />authorized to do business in Florida, affording public liability insurance with combined bodily injury
<br />limits of at least $100,000 per person and $300,000 each occurrence, and property damage insurance
<br />of at least $50,000 each occurrence,, for the services to be, rendered in accordance with this
<br />Agreement However, in the event the COUNTY maintains a self-insurance fund to cover such
<br />liability, the COUNTY agrees to maintain sufficient reserves in the fund to pay the above-described
<br />liability limits. In addition to any other forms of insurance or bonds required under the terms of this
<br />Agreement, the COUNTY must comply or cause its contractor to comply with Section 7-13 of the
<br />DEPARTMENT'S Standard Specifications for Road and Bridge Construction (2000), as amended.
<br />C. WORKERS' COMPENSATION: The COUNTY shalt also carry and keepin force
<br />Workers' .Compensation.insurance as required for the State of Florida under the Workers'
<br />Compensation Law.
<br />5 -COMPLIANCE WITH LAWS
<br />A. The COUNTY shall allow'public access to all documents, papers, letters, or other
<br />material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the
<br />COUNTY in conjunction with this Agreement. Failure by the COUNTY to grant such public access
<br />shall be grounds for immediate unilateral cancellation of this Agreement by the DEPARTMENT.
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