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E. Insurance — the County shall maintain adequate liability insurance coverage to cover the performance of its responsibilities under this agreement. The County shall hold such liability insurance at all times during the existence of this agreement. The County accepts full responsibility for identifying and determining the type and extent of liability insurance coverage. The department, a state agency or subdivision, is self-insured through the State of Florida Risk Management Trust Fund established pursuant to section 284.30, Florida a Statutes, and administered by the State of Florida Department of Financial Services. The department certifies that it maintains and agrees to continue to maintain during the term of this agreement, general and professional liability protection coverage through the Risk Management Trust Fund, and that this protection extends to the Department of Health, its officers, employees and agents, and covers statutory liability exposure to the limitations described in section 768.28, Florida Statutes. The department will convey a copy of its current Certificate of Coverage upon request. Nothing herein shall be construed as consent by a state agency or subdivision to be sued by third parties or as waiver of sovereign immunity. F. Indemnification —Department and the County agree that each party shall be responsible for the liabilities of their respective agents, servants and employees, to the extent legally permissible to either party. As Department is an instrumentality of the State, Department has the statutory protection of sovereign immunity as described in Section 768.28, F.S. County is also subject to sovereign immunity as described in Section 768.28, F.S..Nothing herein is intended to serve as a waiver of sovereign immunity by any party to whom sovereign immunity may be applicable. The exclusive remedy for injury or damage resulting from such acts or omissions of County's or Department's agents, servants and employees is an action against the State of Florida. Nothing herein shall be construed to be consent to be sued by any third party. . G. Confidentiality — The parties shall maintain confidentiality of all protected health information, including client records related to the services provided pursuant to this agreement, in compliance with all applicable state and federal laws, rules and regulations. The parties agree to comply with the Health Insurance Portability and Accountability Act (HIPAA) and any current and future regulations promulgated thereunder, including 45 C.F.R. Parts 160, 162 and 164. The parties agree that policies related to the use and disclosure of protected health information shall be consistent with all controlling state and federal laws, rules and regulations, and be made available to the U.S. Department of Health and Human Services as required to discern compliance with federal privacy regulations. H. Independent Contractor — The parties are independent of each other. No relationship of employer/employee, principal/agent, or other association shall be created by this agreement between the parties or their directors, officers, agents or employees. The parties agree that they will never act or represent that they are acting as an agent of the other or incur any obligations on the part of the other party. I. It is understood by the parties the Florida Department of Health in Indian River County is a state agency subject to all provisions within Chapter 119, Florida Statues. Article I, Section 24, Florida Constitution, guarantees every person access to all public records, and Chapter 119, Florida Statutes, provides a broad definition of public record. As such, all contracts entered into by the Florida Department of Health in Indian River County and related materials are public records unless the information mentioned therein is protected under Section 381.83, F.S. or under any other provision of Florida law. This agreement shall always be construed in a way that complies with Chapter 119, Florida Statutes and all other Florida laws. 2