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adjudicated to be bankrupt or insolvent or fails to pay just debts as they ordinarily become due. 10.5 This agreement may not be terminated by the rspondee unless otherwise provided in the contract. 11. Hold Harmless. 11.1 The City, its agents, employees and officials, both elected and appointed shall be held harmless against all claims for bodily injury, sickness, disease, death or personal injury or damage to property or loss of use resulting therefrom arising out of performance of the agreement or contract, unless such claims are a result of the City's sole negligence, as determined by the final arbiter of such claim. 11.2 The City, its agents, employees and official, both elected and appointed shall also be held harmless against all claims for financial loss with respect to the provision of or failure to provide professional or other services resulting in professional, malpractice, or errors and omissions liability arising out of performance of the agreement or contract, unless such claims are a result of the City's sole negligence, as determined by the final arbiter of such claim. 12. Payment on Behalf of the City. 12.1 Respondee agrees to pay on behalf of the City, and to pay the cost of the City's legal defense, as may be selected by the City, for all claims described in the Hold Harmless paragraph 13 above, up through and including, all appellate levels. 12.2 Such payment on behalf of the City shall be, in addition to any and all other legal remedies available to the City, and shall not be considered to be the City's exclusive remedy. 13. Cone of Silence. You are hereby advised that this Invitation to Bid is subject to the "Cone of Silence" in accordance with Miami Dade County Ordinance Nos 98 -106 and 99 -1. From the time of advertising until the City Manager issues his recommendation, there is a prohibition on communication with the City's professional staff. This ordinance does not apply to oral communications at pre -did conferences, oral presentations before evaluation committees contract discussions made to City Commission during any duly noticed public meeting, contract negotiations with the staff following the award of an RFP, RFQ, RFLI, or bid by any City Commission, or communication in writing at any time with any City employee, official, or member of the City Commission unless specifically prohibited. A copy of all written communications must be filed with the City Clerk. Violation of these provisions by any particular bidder or proposor shall not be considered for any REP, RFO, RFLI, or bid for a contract for the provision of goods or services for a period of one year. Page 7 of 10 Codification Services Proposal 617101 11:42 AM