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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 unde1 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 to 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 INSURANCE. The COUNTY shall cavy 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 shall also cant' and keep in 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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