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.. Proposer or his Sub-Proposer, agents, servants or employees. The selected Proposer shall indemnify, defend and hold harmless the City and their agents or employees from and against all claims, damages, losses and expenses including attorneys' fees arising out of or resulting from the performance of the work described in the RFP, provided that any such claim damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than work itself) including the loss of use resulting wherefrom and (b) is caused in whole or in part by any negligent act or omission of the selected Proposer, Sub-Proposer, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused by a party indemnified hereunder. 1.16 RESERVATION OF RIGHTS While pursuing this RFP process, the City reserves the right to: . Accept any or all responses, and the right, in its sole discretion, to accept the Proposer who will best serve the interests of, and represent the best value to, the City in conformity with the criteria set forth in Section 62-8 of the City Code. . Reject any and all qualifications and to seek new qualifications when such a procedure is reasonably in the best interest of the City. . Investigate the financial capability, integrity, experience, and quality of performance of each Proposer, including officers, principals, senior management, and supervisors, as well as staff identified in the response to RFP. · Investigate the Proposer's qualifications or any of its agents, as it deems appropriate · Conduct personal interviews of any or all Proposers prior to selection (the City shall not be liable for any costs incurred by the Proposer(s) in connection with such interviews). · Waive any of the conditions or criteria set forth in this RFP. · The City reserves the right on any advertised selection process to decide whether to select a firm based on submission received in response to this RFP or whether to hold interviews with the firms the City deems best qualified for the project. 1.17 ADDITIONAL INFORMATION · The Submission must clearly be marked on the front of the envelope: "SEALED PROPOSAL" RFP NO. 10-08-03 CONCESSIONAIRE SERVICES FOR THE SKATEBOARD PARK LOCATED AT TOWN CENTER PARK OPENING DATE AND TIME: Wednesday, September 15, 2010 at 10:30 a.m. · Questions regarding this RFP must be directed, no later than seven (7) calendar days before the opening of the RFP, to: Susan Simpson Cultural and Human Services Director City of Sunny Isles Beach 18070 Collins Avenue