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14. Hold Harmless. 14.1 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. 14.2 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. 15. Payment on Behalf of the City. 15.1 Respondent 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. 15.2 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. 16. Conflict of Interest. All respondents must disclose with their response the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, child) who is also an employee of the City of Sunny Isles Beach. Further, all respondents must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the respondent or any of its affiliates. 17. Public Entity Crimes. Section 287.133, Florida Statues, provides that a person or affiliate, as defined in that Section, who has been placed on the convicted vendor list following the conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity may not submit a bid on a contract with a public entity for any contract for construction or repair of a public building or a public work, may not submit bids on leases of real property to a public entity, may not be awarded to perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold of the amount provided in Section 287.017 for CATEGORY TWO ($25,000) for a period of 36 months from the date of being placed on the convicted vendor list. Any such person or affiliate convicted of a public entity crime shall provide written notice of such conviction. Page 8 of 10 RFQ For Construction Management Services 12118101 11:00 AM